2011 Connecticut Code
Title 22a Environmental Protection
Chapter 446c Air Pollution Control
Sec. 22a-174l. Emergency engines and distributed generation resources.

      Sec. 22a-174l. Emergency engines and distributed generation resources. (a) Not later than sixty days after June 4, 2007, the Commissioner of Environmental Protection shall issue notice of intent to issue a general permit regarding the construction and operation of new or existing emergency engines and distributed generation resources that (1) generate no more than two megawatts of electricity; and (2) are approved by the Department of Public Utility Control to participate in the markets administered by the regional independent system operator in accordance with subsection (b) of section 16-246g. Before issuing such permit, the sources to be covered by such permit shall provide the Commissioner of Environmental Protection with any information said commissioner deems necessary for the issuance of such permit. Any such general permit shall be issued in accordance with the provisions of subsection (k) of section 22a-174 and the general permit, and any authorization to operate under such permit, shall expire on the later of December 31, 2010, or ninety days after the energizing of the Middletown-Norwalk 345 kv transmission line approved by the Connecticut Siting Council. Notwithstanding this section, the Commissioner of Environmental Protection may, in consultation with the chairperson of the Public Utilities Control Authority, renew such general permit in accordance with the provisions of subsection (k) of section 22a-174 provided the Commissioner of Environmental Protection determines that renewal of such general permit is consistent with the requirements of subsection (b) of this section. The provisions of the general permit shall include, but not be limited to: Minimum setback provisions, limitations on hours of operation, requirements for air pollution controls certified to achieve a minimum reduction in emissions of nitrogen oxides of ninety per cent, directionally correct offsets at a ratio to be determined by the Commissioner of Environmental Protection, required control equipment, requirements for monitoring, reporting and recordkeeping, and any other requirement that said commissioner deems necessary. The provisions of this section are in addition to any other authority provided by law to said commissioner.

      (b) When issuing or renewing the general permit pursuant to this section, the Commissioner of Environmental Protection shall, in consultation with the chairperson of the Public Utilities Control Authority, consider energy generation that will maximize the savings to the state's electric ratepayers and benefit the state's economy as a whole, but shall ensure that any emission increases resulting from the operation of sources covered by the general permit are offset by emission decreases from sources in Connecticut consistent with Connecticut's air quality attainment planning needs and requirements. The sources of decreases in emissions may include, but not be limited to, electric generation sources and demand response.

      (c) On or before February 1, 2008, the Department of Environmental Protection, in consultation with the Department of Public Utility Control, shall report to the joint standing committees of the General Assembly having cognizance of matters relating to energy and the environment regarding the economic and environmental benefits of the general permit issued pursuant to this section and the actions and measures taken pursuant to section 16-246g.

      (P.A. 07-242, S. 102.)

      History: P.A. 07-242 effective June 4, 2007.