No municipality other than a municipality operating a plant pursuant to chapter 101 or any special act and acting for purposes thereto may take an action to condemn, in whole or in part, or restrict the operation of any existing and currently operating energy facility, if such facility is first determined by the Public Utilities Regulatory Authority, following a contested case proceeding, held in accordance with the provisions of chapter 54, to comprise a critical, unique and unmovable component of the state’s energy infrastructure, unless the municipality first receives written approval from the Commissioner of Energy and Environmental Protection and the Connecticut Siting Council that such taking would not have a detrimental impact on the state’s or region’s ability to provide a particular energy resource to its citizens.

Terms Used In Connecticut General Statutes 16a-7b

  • Commissioner: means the Commissioner of Energy and Environmental Protection. See Connecticut General Statutes 16a-2
  • Energy: means work or heat that is, or may be, produced from any fuel or source whatsoever. See Connecticut General Statutes 16a-2
  • Energy facility: means a structure that generates, transmits or stores electricity, natural gas, refined petroleum products, renewable fuels, coal and coal products, wood fuels, geothermal sources, radioactive material and other resources yielding energy. See Connecticut General Statutes 16a-2
  • Energy resource: means natural gas, petroleum products, coal and coal products, wood fuels, geothermal sources, radioactive materials and any other resource yielding energy. See Connecticut General Statutes 16a-2