General Assembly Raised Bill No. 5424
February Session, 2014 LCO No. 1911
*01911_______ENV*
Referred to Committee on ENVIRONMENT
Introduced by:
(ENV)
General Assembly
Raised Bill No. 5424
February Session, 2014
LCO No. 1911
*01911_______ENV*
Referred to Committee on ENVIRONMENT
Introduced by:
(ENV)
AN ACT CONCERNING THE RESPONSIBILITIES OF THE WATER PLANNING COUNCIL.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 22a-352 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) [The Department of Energy and Environmental Protection, the Department of Public Health and the Office of Policy and Management shall establish a continuing planning process and shall prepare and periodically update jointly a state-wide long-range] Not later than January 1, 2017, the Water Planning Council, established pursuant to section 25-33o, shall prepare a state water plan for the management of the water resources of the state. In [carrying out such preparation, the aforesaid agencies] developing such state water plan, the Water Planning Council shall: (1) Design a unified planning program and budget; (2) coordinate regional water and sewer facilities plans [and provide technical or financial assistance to regional planning agencies in the preparation of regional water and sewer facilities plans which are necessary as guidelines for the planning and designing of local and interlocal facilities and which are required by the federal government as a prerequisite for grants to municipalities for the construction of certain water and sewer facilities] (3) seek involvement of interested parties; (4) solicit input from the advisory group established pursuant to section 25-33o; (5) integrate individual water utility coordinating committee plans, the state plan of conservation and development, as described in section 16a-30, and any other planning documents deemed necessary by the council; and (6) update the model ordinance for municipal water emergencies.
(b) The [state-wide water resources plan] state water plan developed pursuant to subsection (a) of this section shall: (1) Identify the quantities and qualities of water that could be available to specific areas under feasible distribution; (2) identify present and projected demands for water for specific areas; (3) recommend the utilization of the state's water resources, including surface and subsurface water, for their greatest benefits; (4) make recommendations for technology and infrastructure upgrades and such major engineering works or special districts which may be necessary, including the need, timing and general cost thereof; (5) recommend land use and other measures where appropriate to insure the desired quality and abundance of water; (6) take into account desired recreational, agricultural, industrial and commercial use of water bodies; (7) inform residents of the state about the importance of water-resource stewardship; (8) establish conservation guidelines and incentives for consumer water conservation; (9) foster intergovernmental communication on water conservation and planning, including, but not limited to, the development of a water reuse policy; (10) meet data collection and analysis needs to provide for data driven water planning and permitting decisions; (11) take into account the ecological, environmental and economic impact that implementation of the state water plan will have on the state; (12) include short and long-range objectives and strategies to effectuate the purposes of this section; and [(7)] (13) seek to incorporate regional and local plans and programs for water use and management and plans for water and sewerage facilities in the [state-wide] state water plan.
[(c) Upon completion of each planning document and when adopted by the Commissioner of Energy and Environmental Protection, the Commissioner of Public Health and the Secretary of the Office of Policy and Management, said final plan shall be submitted to the General Assembly.]
(c) Not later than January 1, 2017, the Water Planning Council, in accordance with section 11-4a, shall submit the state water plan to the joint standing committees of the General Assembly having cognizance of matters relating to the environment, public health, planning and development and energy and technology for said committees' approval, revision or disapproval, in whole or in part.
(d) Not later than forty-five days after the convening of the next regularly scheduled session of the General Assembly said joint standing committees shall conduct a joint public hearing on the state water plan. Not later than forty-five days after completion of such joint public hearing, said joint standing committees shall submit the plan with said committees' recommendations for approval or disapproval to the General Assembly. The state water plan shall become effective when adopted by the General Assembly as the state water plan for the state.
(e) In the event that the General Assembly disapproves the state water plan in whole or in part the state water plan shall be deemed to be rejected and shall be returned to the Water Planning Council for appropriate action.
(f) The Water Planning Council shall oversee the implementation and periodic updates of the state water plan. On or before January 1, 2015, and annually thereafter, the Water Planning Council shall submit a report, in accordance with section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to the environment, public health, planning and development and energy and technology on the status of the development and implementation of the state water plan.
Sec. 2. Section 25-33a of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) The State Bond Commission shall have power, from time to time to authorize the issuance of bonds of the state in one or more series and in principal amounts not exceeding in the aggregate [four million one hundred fifty-one thousand five hundred ninety-nine dollars] fifty thousand dollars per year, for the purposes of providing funds for [(1) grants to municipally-owned water companies for the planning, design, modification or construction of drinking water facilities of such companies made necessary by the requirements of the Safe Water Act of 1974, or by an order of the Department of Public Health deeming the water supplied by such companies to be inadequate, which facilities shall include, but need not be limited to, collection facilities, treatment facilities, wells, tanks, mains, pumps, transmission facilities and any other machinery and equipment necessary to meet the requirements of said act, (2) grants in accordance with the provisions of section 22a-471 to water companies, as defined in section 25-32a, which have less than ten thousand customers, as defined in said section 25-32a, for the treatment of a contaminated water supply well which is owned, maintained, operated, managed, controlled or employed by the water company, and (3) water supply emergency assistance grants to investor-owned water companies which supply water to at least twenty-five but less than one thousand customers for repair, rehabilitation, interconnection or replacement, in the event that such company has ceased to provide water as a result of equipment or facility failure and the Commissioner of Economic and Community Development, upon recommendation of the Department of Public Health and in consultation with the Public Utilities Regulatory Authority, makes a determination that the company is financially unable to immediately restore service and there is no alternative water company reasonably able to immediately supply water] grants to eligible public water systems, as defined in section 22a-475, for eligible drinking water projects, as defined in section 22a-475. The grants shall be made in accordance with terms and conditions as provided in regulations to be promulgated by the [Commissioner of Economic and Community Development, subject to approval by the] Commissioner of Public Health, provided the amount of any such grant [under subdivision (1) of this subsection shall not exceed one hundred thousand dollars or] shall not exceed thirty per cent of the cost of the eligible drinking water project being funded by the grant. [, whichever is greater. For the purposes of this section, planning costs shall include, but need not be limited to, fees and expenses of architects, engineers, attorneys, accountants and other professional consultants, and costs of preparing surveys, studies, site plans and plans and specifications for eligible drinking water facilities. Not more than four million dollars of the proceeds of such bonds shall be allocated to the municipally owned water companies grant program under subdivision (1) of this subsection, not more than two million dollars of the proceeds of such bonds shall be allocated for the treatment of contaminated water supply wells which are owned, maintained, operated, managed, controlled or employed by a water company under subdivision (2) of this subsection, and not more than seven hundred thousand dollars of the proceeds of such bonds shall be allocated to the investor-owned emergency assistance grant program under subdivision (3) of this subsection.]
(b) All provisions of section 3-20 or the exercise of any right or power granted thereby which are not inconsistent with the provisions of this section and sections 12-75, 12-76 and 25-33b are hereby adopted and shall apply to all bonds authorized by the State Bond Commission pursuant to this section, and temporary notes in anticipation of the money to be derived from the sale of any such bonds so authorized may be issued in accordance with said section 3-20 and from time to time renewed. Such bonds shall mature at such time or times not exceeding twenty years from their respective dates as may be provided in or pursuant to the resolution or resolutions of the State Bond Commission authorizing such bonds. None of said bonds shall be authorized except upon a finding by the State Bond Commission that there has been filed with it a request for such authorization, which is signed by or on behalf of the Commissioner of [Economic and Community Development] Public Health and states such terms and conditions as said commission, in its discretion, may require. Said bonds issued pursuant to this section shall be general obligations of the state and the full faith and credit of the state of Connecticut are pledged for the payment of the principal of and interest on said bonds as the same become due, and accordingly and as part of the contract of the state with the holders of said bonds, appropriation of all amounts necessary for punctual payment of such principal and interest is hereby made, and the Treasurer shall pay such principal and interest as the same become due.
(c) Each grant made pursuant to subsection (a) of this section shall be authorized by [Connecticut Innovations, Incorporated or, if the corporation so determines, by a committee of the corporation consisting of the chairman and either one other board member of the corporation or its chief executive officer. Connecticut Innovations, Incorporated] the Commissioner of Public Health. The Commissioner of Public Health shall charge reasonable application and other fees to be applied to the administrative expenses incurred in carrying out the provisions of this section, to the extent such expenses are not paid by the [corporation or from moneys appropriated to the department] Department of Public Health. Each such payment shall be made by the Treasurer upon certification by the Commissioner of [Economic and Community Development] Public Health that the payment is authorized under the provisions of this section under the applicable rules and regulations of the department, and under the terms and conditions established by the [corporation or the duly appointed committee thereof] commissioner in authorizing the making of the grant.
Sec. 3. Section 25-33b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
The Commissioner of [Economic and Community Development] Public Health shall adopt regulations in accordance with chapter 54 which specify the terms and conditions of [low-interest loans and grants to water companies and any additional requirements necessary to carry out the purposes of section 12-76] grants made to eligible water systems for eligible water projects, as defined in section 22a-475.
Sec. 4. Subsection (a) of section 25-33h of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
(a) Each water utility coordinating committee shall prepare a coordinated water system plan in the public water supply management area. Such plan shall be submitted to the Commissioner of Public Health for his approval not more than two years after the first meeting of the committee. The plan shall promote cooperation among public water systems and include, but not be limited to, provisions for (1) integration of public water systems, consistent with the protection and enhancement of public health and well-being; (2) integration of water company plans; (3) exclusive service areas; (4) joint management or ownership of services; (5) satellite management services; (6) interconnections between public water systems; (7) integration of land use and water system plans; (8) minimum design standards; (9) water conservation and environmental protection; (10) the impact on other uses of water resources; and (11) acquisition of land surrounding wells proposed to be located in stratified drifts.
Sec. 5. Section 25-33j of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
The Commissioner of Public Health may enter into contracts with consultants to provide services to water utility coordinating committees. [The amount of any contract shall not exceed two hundred thousand dollars.] Any appropriation made to the Department of Public Health for the purposes of this section shall not lapse until The Department of Public Health has completed the planning process for a water utility coordinating committee.
Sec. 6. (NEW) (Effective July 1, 2014) (a) The Department of Public Health may employ agents and engineers to carry out the provisions of sections 25-32, 25-33 and 25-34 of the general statutes, at such expense as may be approved by the Secretary of the Office of Policy and Management.
(b) The Department of Public Health may use licensed water professionals, at the expense of the party submitting the application or other request, to review and certify the sufficiency of applications and other submittals to the department for approval or to comply with any orders of the department, or effectuate the department's discharge of the provisions of sections 25-32, 25-33 and 25-34 of the general statutes. As used in this section "licensed water professional" means any person who is qualified by reason of his or her knowledge, as specified by the Department of Public Health, to assist the department in carrying out the provisions of sections 25-32, 25-33 and 25-34 of the general statutes.
(c) The Department of Public Health shall identify activities that a licensed water professional may perform as an agent of the department or such applications or submittals that, upon filing by a licensed water professional, require no further review and approval by the department. For any other application or submittal, the department shall notify the party, in writing, not later than fifteen days after receipt of a request for a determination whether review and approval of an application or submittal by the department is required, or whether a licensed water professional may verify that the application or submittal was prepared in accordance with standards established by the department. In determining whether review and approval of the application or submittal by the department is required, or whether a licensed water professional may verify that the application or submittal was prepared in accordance with the standards established by the department, the department shall consider the potential risk to public health and water quality posed by such application or submittal.
(d) The Commissioner of Public Health may issue a water professional license, for the purpose of performing the duties described in subsection (b) of this section, upon receipt of a completed application, on a form as prescribed by the commissioner. Any such license shall be valid for a period of three years from the date of issuance. Any such application shall require the submission of an application fee, as established by the commissioner. The commissioner may renew any such license for an additional three years upon receipt of a completed renewal application, on a form prescribed by the commissioner. Any such renewal application shall require the submission of a renewal fee, as established by the commissioner.
(e) The Commissioner of Public Health may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to implement the provisions of this section.
Sec. 7. Section 28-9 of the general statutes is amended by adding subsection (c) as follows (Effective July 1, 2014):
(NEW) (c) (1) Whenever the Governor declares a major disaster due to a drought, the regional councils of government in the affected area of the state shall develop and implement a response plan, in consultation with the Departments of Energy and Environmental Protection and Public Health, to restrict nonemergency water uses, including, but not limited to, the watering of lawns.
(2) In any area of the state where the Governor declares a major disaster due to a drought, the Department of Public Health may authorize the use of greywater for purposes other than for the provision of drinking water. For the purposes of this subsection, "greywater" means wastewater other than sewage. "Greywater" includes water from sink drainage and washing machine discharge.
Sec. 8. (Effective July 1, 2014) (a) The sum of five hundred thousand dollars is appropriated to the Office of Policy and Management, from the General Fund, for the fiscal year ending June 30, 2015, for the purpose of providing the Water Planning Council with the requisite staff to develop the state water plan in accordance with section 22a-352 of the general statutes, as amended by this act.
(b) The sum of one million dollars is appropriated to the Department of Public Health, from the General Fund, for the fiscal year ending June 30, 2015, for the purpose of entering contracts with consultants to provide services to water utility coordinating committees pursuant to section 25-33j, as amended by this act.
This act shall take effect as follows and shall amend the following sections:
Section 1 July 1, 2014 22a-352
Sec. 2 July 1, 2014 25-33a
Sec. 3 July 1, 2014 25-33b
Sec. 4 January 1, 2015 25-33h(a)
Sec. 5 July 1, 2014 25-33j
Sec. 6 July 1, 2014 New section
Sec. 7 July 1, 2014 28-9
Sec. 8 July 1, 2014 New section
This act shall take effect as follows and shall amend the following sections:
Section 1
July 1, 2014
22a-352
Sec. 2
July 1, 2014
25-33a
Sec. 3
July 1, 2014
25-33b
Sec. 4
January 1, 2015
25-33h(a)
Sec. 5
July 1, 2014
25-33j
Sec. 6
July 1, 2014
New section
Sec. 7
July 1, 2014
28-9
Sec. 8
July 1, 2014
New section
Statement of Purpose:
To facilitate the development of a state water plan and implement legislative recommendations of the Water Summit Working Group.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]