Connecticut 2019 Regular Session

Connecticut House Bill HB07194 Compare Versions

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Version 2 (New)

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	7	+	General Assembly Raised Bill No. 7194
	8	+	January Session, 2019
	9	+	LCO No. 4308
	10	+
	11	+
	12	+	Referred to Committee on PUBLIC HEALTH
	13	+
	14	+
	15	+	Introduced by:
	16	+	(PH)
1	17
2	18
3	19
4		-	House Bill No. 7194
5		-
6		-	Public Act No. 19-194
7		-
8		-
9	20		AN ACT CONCERNING THE D EPARTMENT OF PUBLIC HEALTH'S
10		-	RECOMMENDATIONS REGA RDING PUBLIC DRINKIN G WATER
11		-	AND CLARIFICATION CO NCERNING THE EFFECT OF THE
12		-	PROVISIONS OF THE ST ATE WATER PLAN AND D EFINING
13		-	MUNICIPALITY WITH RESPECT TO STORMWATER AUTHORITIES.
	21	+	RECOMMENDATIONS REGA RDING PUBLIC DRINKING WATER.
14	22		Be it enacted by the Senate and House of Representatives in General
15	23		Assembly convened:
16	24
17		-	Section 1. Section 22a-483f of the general statutes is repealed and the
18		-	following is substituted in lieu thereof (Effective October 1, 2019):
19		-	(a) For the purposes described in subsection (b) of this section, the
20		-	State Bond Commission shall have the power from time to time to
21		-	authorize the issuance of bonds of the state in one or more series and
22		-	in principal amounts not exceeding in the aggregate twenty million
23		-	dollars.
24		-	(b) The proceeds of the sale of said bonds, to the extent of the
25		-	amount stated in subsection (a) of this section, shall be used by the
26		-	Department of Public Health for the purpose of providing grants-in-
27		-	aid, which may be provided in the form of principal forgiveness, to
28		-	eligible public water systems for eligible drinking water projects for
29		-	which a project funding agreement is made on or after July 1, 2014,
30		-	between the Commissioner of Public Health and the eligible public
31		-	water system pursuant to sections 22a-475 to 22a-483, inclusive, under ~~House~~ Bill No. 7194
	25	+	Section 1. Section 22a-483f of the general statutes is repealed and the 1
	26	+	following is substituted in lieu thereof (Effective October 1, 2019): 2
	27	+	(a) For the purposes described in subsection (b) of this section, the 3
	28	+	State Bond Commission shall have the power from time to time to 4
	29	+	authorize the issuance of bonds of the state in one or more series and 5
	30	+	in principal amounts not exceeding in the aggregate twenty million 6
	31	+	dollars. 7
	32	+	(b) The proceeds of the sale of said bonds, to the extent of the 8
	33	+	amount stated in subsection (a) of this section, shall be used by the 9
	34	+	Department of Public Health for the purpose of providing grants-in-10
	35	+	aid, which may be provided in the form of principal forgiveness, to 11
	36	+	eligible public water systems for eligible drinking water projects for 12
	37	+	which a project funding agreement is made on or after July 1, 2014, 13
	38	+	between the Commissioner of Public Health and the eligible public 14
	39	+	water system pursuant to sections 22a-475 to 22a-483, inclusive, under 15 Raised Bill No. 7194
32	40
33		-	Public Act No. 19-194 2 of 7
34	41
35		-	the public water system improvement program established in
36		-	subsection (c) of this section.
37		-	(c) (1) For purposes of the public water system improvement
38		-	program established pursuant to this section:
39		-	(A) "Eligible drinking water project" has the same meaning as
40		-	provided in section 22a-475;
41		-	(B) "Eligible project costs" has the same meaning as provided in
42		-	section 22a-475;
43		-	(C) "Eligible public water system" has the same meaning as
44		-	provided in section 22a-475; [, except "eligible public water system"
45		-	does not include eligible public water systems that are public service
46		-	companies, as defined in section 16-1.] and
47		-	(D) "Public service company" has the same meaning as provided in
48		-	section 16-1.
49		-	(2) All provisions applicable to drinking water projects under
50		-	sections 22a-475 to 22a-483, inclusive, shall be applicable to the public
51		-	water system improvement program, including eligibility of public
52		-	water systems, eligible project costs, application procedures for
53		-	financial assistance, and procedures for approving and awarding such
54		-	financial assistance. The department shall comply with all allocation
55		-	goals for smaller eligible public water systems and with the priorities
56		-	for awarding financial assistance, as provided in sections 22a-475 to
57		-	22a-483, inclusive.
58		-	(3) An eligible public water system applying for financial assistance
59		-	pursuant to this section shall submit to the department, along with the
60		-	application submitted under sections 22a-475 to 22a-483, inclusive, a
61		-	fiscal and asset management plan. The department shall provide
62		-	financial assistance as follows: House Bill No. 7194
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63	45
64		-	Public Act No. 19-194 3 of 7
	46	+	the public water system improvement program established in 16
	47	+	subsection (c) of this section. 17
	48	+	(c) (1) For purposes of the public water system improvement 18
	49	+	program established pursuant to this section: 19
	50	+	(A) "Eligible drinking water project" has the same meaning as 20
	51	+	provided in section 22a-475; 21
	52	+	(B) "Eligible project costs" has the same meaning as provided in 22
	53	+	section 22a-475; 23
	54	+	(C) "Eligible public water system" has the same meaning as 24
	55	+	provided in section 22a-475; [, except "eligible public water system" 25
	56	+	does not include eligible public water systems that are public service 26
	57	+	companies, as defined in section 16-1.] and 27
	58	+	(D) "Public service company" has the same meaning as provided in 28
	59	+	section 16-1. 29
	60	+	(2) All provisions applicable to drinking water projects under 30
	61	+	sections 22a-475 to 22a-483, inclusive, shall be applicable to the public 31
	62	+	water system improvement program, including eligibility of public 32
	63	+	water systems, eligible project costs, application procedures for 33
	64	+	financial assistance, and procedures for approving and awarding such 34
	65	+	financial assistance. The department shall comply with all allocation 35
	66	+	goals for smaller eligible public water systems and with the priorities 36
	67	+	for awarding financial assistance, as provided in sections 22a-475 to 37
	68	+	22a-483, inclusive. 38
	69	+	(3) An eligible public water system applying for financial assistance 39
	70	+	pursuant to this section shall submit to the department, along with the 40
	71	+	application submitted under sections 22a-475 to 22a-483, inclusive, a 41
	72	+	fiscal and asset management plan. The department shall provide 42
	73	+	financial assistance as follows: 43
	74	+	(A) [Eligible] An eligible public water [systems] system that [serve] 44 Raised Bill No. 7194
65	75
66		-	(A) [Eligible] An eligible public water [systems] system that [serve]
67		-	serves ten thousand or fewer persons may receive financial assistance
68		-	pursuant to this section for up to fifty per cent of eligible project costs;
69		-	(B) [Eligible] An eligible public water [systems] system that [serve]
70		-	serves more than ten thousand persons m ay receive financial
71		-	assistance pursuant to this section for up to thirty per cent of eligible
72		-	project costs; [and]
73		-	(C) [Eligible] An eligible public water [systems] system that [are] is
74		-	a for-profit [companies] company, other than a for-profit company that
75		-	is a public service company, may not receive additional financial
76		-	assistance pursuant to this section; [.] and
77		-	(D) An eligible public water system that is a public service company
78		-	may not receive financial assistance pursuant to this section unless (i)
79		-	such financial assistance is for eligible project costs of an eligible
80		-	drinking water project, (ii) such financial assistance is used by the
81		-	public service company for such eligible drinking water project, and
82		-	(iii) the department has consulted with the Public Utilities Regulatory
83		-	Authority regarding the public service company's receipt of such
84		-	financial assistance.
85		-	(d) All provisions of section 3-20, or the exercise of any right or
86		-	power granted thereby, which are not inconsistent with the provisions
87		-	of this section are hereby adopted and shall apply to all bonds
88		-	authorized by the State Bond Commission pursuant to this section, and
89		-	temporary notes in anticipation of the money to be derived from the
90		-	sale of any such bonds so authorized may be issued in accordance with
91		-	section 3-20 and from time to time renewed. Such bonds shall mature
92		-	at such time or times not exceeding twenty years from their respective
93		-	dates as may be provided in or pursuant to the resolution or
94		-	resolutions of the State Bond Commission authorizing such bonds.
95		-	None of said bonds shall be authorized except upon a finding by the House Bill No. 7194
96	76
97		-	Public Act No. 19-194 4 of 7
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98	80
99		-	State Bond Commission that there has been filed with it a request for
100		-	such authorization which is signed by or on behalf of the Secretary of
101		-	the Office of Policy and Management and states such terms and
102		-	conditions as said commission, in its discretion, may require. Said
103		-	bonds issued pursuant to this section shall be general obligations of the
104		-	state and the full faith and credit of the state of Connecticut are
105		-	pledged for the payment of the principal of and interest on said bonds
106		-	as the same become due, and accordingly and as part of the contract of
107		-	the state with the holders of said bonds, appropriation of all amounts
108		-	necessary for punctual payment of such principal and interest is
109		-	hereby made, and the State Treasurer shall pay such principal and
110		-	interest as the same become due.
111		-	Sec. 2. Subdivision (1) of subsection (n) of section 25-32 of the
112		-	general statutes is repealed and the following is substituted in lieu
113		-	thereof (Effective October 1, 2019):
114		-	(n) (1) On and after the effective date of regulations adopted under
115		-	this subsection, no person may operate any water treatment plant,
116		-	water distribution system or small water system that treats or supplies
117		-	water used or intended for use by the public, test any backflow
118		-	prevention device, or perform a cross connection survey without a
119		-	certificate issued by the commissioner under this subsection. The
120		-	commissioner shall adopt regulations, in accordance with chapter 54,
121		-	to provide: (A) Standards for the operation of such water treatment
122		-	plants, water distribution systems and small water systems; (B)
123		-	standards and procedures for the issuance of certificates to operators
124		-	of such water treatment plants, water distribution systems and small
125		-	water systems, including, but not limited to, standards and procedures
126		-	for the department's approval of third parties to administer
127		-	certification examinations to such operators; (C) procedures for the
128		-	renewal of such certificates every three years; (D) standards for
129		-	training required for the issuance or renewal of a certificate; (E) House Bill No. 7194
	81	+	serves ten thousand or fewer persons may receive financial assistance 45
	82	+	pursuant to this section for up to fifty per cent of eligible project costs; 46
	83	+	(B) [Eligible] An eligible public water [systems] system that [serve] 47
	84	+	serves more than ten thousand persons may receive fi nancial 48
	85	+	assistance pursuant to this section for up to thirty per cent of eligible 49
	86	+	project costs; [and] 50
	87	+	(C) [Eligible] An eligible public water [systems] system that [are] is 51
	88	+	a for-profit [companies] company, other than a for-profit company that 52
	89	+	is a public service company, may not receive additional financial 53
	90	+	assistance pursuant to this section; and 54
	91	+	(D) An eligible public water system that is a public service company 55
	92	+	may not receive financial assistance pursuant to this section unless (i) 56
	93	+	such financial assistance is for eligible project costs of an eligible 57
	94	+	drinking water project, (ii) such financial assistance is used by the 58
	95	+	public service company for such eligible drinking water project, and 59
	96	+	(iii) the department has consulted with the Public Utilities Regulatory 60
	97	+	Authority regarding the public service company's receipt of such 61
	98	+	financial assistance. 62
	99	+	(d) All provisions of section 3-20, or the exercise of any right or 63
	100	+	power granted thereby, which are not inconsistent with the provisions 64
	101	+	of this section are hereby adopted and shall apply to all bonds 65
	102	+	authorized by the State Bond Commission pursuant to this section, and 66
	103	+	temporary notes in anticipation of the money to be derived from the 67
	104	+	sale of any such bonds so authorized may be issued in accordance with 68
	105	+	section 3-20 and from time to time renewed. Such bonds shall mature 69
	106	+	at such time or times not exceeding twenty years from their respective 70
	107	+	dates as may be provided in or pursuant to the resolution or 71
	108	+	resolutions of the State Bond Commission authorizing such bonds. 72
	109	+	None of said bonds shall be authorized except upon a finding by the 73
	110	+	State Bond Commission that there has been filed with it a request for 74
	111	+	such authorization which is signed by or on behalf of the Secretary of 75
	112	+	the Office of Policy and Management and states such terms and 76 Raised Bill No. 7194
130	113
131		-	Public Act No. 19-194 5 of 7
132	114
133		-	standards and procedures for the department's approval of course
134		-	providers and courses of study as they relate to certified operators of
135		-	water treatment plants, water distribution systems and small water
136		-	systems and certified persons who test backflow prevention devices or
137		-	perform cross connection surveys for initial and renewal applications;
138		-	and [(E)] (F) standards and procedures for the issuance and renewal of
139		-	certificates to persons who test backflow prevention devices or
140		-	perform cross connection surveys. Such regulations shall be consistent
141		-	with applicable federal law and guidelines for operator certification
142		-	programs promulgated by the United States Environmental Protection
143		-	Agency. For purposes of this subsection, "small water system" means a
144		-	public water system, as defined in section 25-33d, that serves less than
145		-	one thousand persons and has no treatment or has only treatment that
146		-	does not require any chemical treatment, process adjustment,
147		-	backwashing or media regeneration by an operator.
148		-	Sec. 3. (NEW) (Effective from passage) In the event of conflict between
149		-	any provision of the state water plan and any provision of the general
150		-	statutes, the provision of the general statutes shall control.
151		-	Sec. 4. Subsection (a) of section 22a-498 of the general statutes, as
152		-	amended by section 1 of house bill 7408 of the current session, as
153		-	amended by House Amendment Schedule "A", is repealed and the
154		-	following is substituted in lieu thereof (Effective July 1, 2019):
155		-	(a) Any municipality may, by ordinance adopted by its legislative
156		-	body, designate any existing board or commission or establish a new
157		-	board or commission as the stormwater authority for such
158		-	municipality. If a new board or commission is created, such
159		-	municipality shall, by ordinance, determine the number of members
160		-	thereof, their compensation, if any, whether such members shall be
161		-	elected or appointed, the method of their appointment, if appointed,
162		-	and removal and their terms of office, which shall be so arranged that
163		-	not more than one-half of such terms shall expire within any one year. House Bill No. 7194
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164	118
165		-	Public Act No. 19-194 6 of 7
	119	+	conditions as said commission, in its discretion, may require. Said 77
	120	+	bonds issued pursuant to this section shall be general obligations of the 78
	121	+	state and the full faith and credit of the state of Connecticut are 79
	122	+	pledged for the payment of the principal of and interest on said bonds 80
	123	+	as the same become due, and accordingly and as part of the contract of 81
	124	+	the state with the holders of said bonds, appropriation of all amounts 82
	125	+	necessary for punctual payment of such principal and interest is 83
	126	+	hereby made, and the State Treasurer shall pay such principal and 84
	127	+	interest as the same become due. 85
	128	+	Sec. 2. Subdivision (1) of subsection (n) of section 25-32 of the 86
	129	+	general statutes is repealed and the following is substituted in lieu 87
	130	+	thereof (Effective October 1, 2019): 88
	131	+	(n) (1) On and after the effective date of regulations adopted under 89
	132	+	this subsection, no person may operate any water treatment plant, 90
	133	+	water distribution system or small water system that treats or supplies 91
	134	+	water used or intended for use by the public, test any backflow 92
	135	+	prevention device, or perform a cross connection survey without a 93
	136	+	certificate issued by the commissioner under this subsection. The 94
	137	+	commissioner shall adopt regulations, in accordance with chapter 54, 95
	138	+	to provide: (A) Standards for the operation of such water treatment 96
	139	+	plants, water distribution systems and small water systems; (B) 97
	140	+	standards and procedures for the issuance of certificates to operators 98
	141	+	of such water treatment plants, water distribution systems and small 99
	142	+	water systems, including, but not limited to, standards and procedures 100
	143	+	for the department's approval of third parties to administer 101
	144	+	certification examinations to such operators; (C) procedures for the 102
	145	+	renewal of such certificates every three years; (D) standards for 103
	146	+	training required for the issuance or renewal of a certificate; (E) 104
	147	+	standards and procedures for the department's approval of course 105
	148	+	providers and courses of study as they relate to certified operators of 106
	149	+	water treatment plants, water distribution systems and small water 107
	150	+	systems and certified persons who test backflow prevention devices or 108
	151	+	perform cross connection surveys for initial and renewal applications; 109 Raised Bill No. 7194
166	152
167		-	For purposes of this section, "municipality" means any town, city,
168		-	borough, consolidated town and city or consolidated town and
169		-	borough. "Municipality" does not include any local school district,
170		-	regional school district, metropolitan district, district as defined in
171		-	section 7-324 or any other municipal corporation or authority
172		-	authorized to issue bonds, notes or other obligations under the
173		-	provisions of the general statutes or any special act.
174		-	Sec. 5. Section 22a-498a of the general statutes, as amended by
175		-	section 2 of house bill 7408 of the current session, as amended by
176		-	House Amendment Schedule "A", is repealed and the following is
177		-	substituted in lieu thereof (Effective July 1, 2019):
178		-	A municipal stormwater authority created pursuant to section 22a-
179		-	498, as amended by [this act] house bill 7408 of the current session, as
180		-	amended by House Amendment Schedule "A" , and located in a
181		-	distressed municipality, as defined in subsection (b) of section 32-9p,
182		-	having a population of not more than twenty-eight thousand shall
183		-	constitute a body politic and corporate and the ordinance establishing
184		-	such authority may confer upon such authority the following powers:
185		-	(1) To sue and be sued; (2) to acquire, hold and convey any estate, real
186		-	or personal; (3) to contract; (4) to borrow money, including by the
187		-	issuance of bonds, provided the issuance of such bonds is approved by
188		-	the legislative body of the municipality in which such authority district
189		-	is located; (5) to recommend to the legislative body of such
190		-	municipality the imposition of fees upon the interests in real property
191		-	within such authority district, the revenues from which shall be used
192		-	in carrying out any of the powers of such authority; (6) to deposit and
193		-	expend funds; and (7) to enter property to make surveys, soundings,
194		-	borings and examinations to accomplish the purposes of section 22a-
195		-	498, as amended by [this act] house bill 7408 of the current session, as
196		-	amended by House Amendment S chedule "A". For purposes of this
197		-	section, "municipality" means any town, city, borough, consolidated House Bill No. 7194
198	153
199		-	Public Act No. 19-194 7 of 7
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200	157
201		-	town and city or consolidated town and borough. "Municipality" does
202		-	not include any local school district, regional school district,
203		-	metropolitan district, district as defined in section 7-324 or any other
204		-	municipal corporation or authority authorized to issue bonds, notes or
205		-	other obligations under the provisions of the general statutes or any
206		-	special act.
	158	+	and [(E)] (F) standards and procedures for the issuance and renewal of 110
	159	+	certificates to persons who test backflow prevention devices or 111
	160	+	perform cross connection surveys. Such regulations shall be consistent 112
	161	+	with applicable federal law and guidelines for operator certification 113
	162	+	programs promulgated by the United States Environmental Protection 114
	163	+	Agency. For purposes of this subsection, "small water system" means a 115
	164	+	public water system, as defined in section 25-33d, that serves less than 116
	165	+	one thousand persons and has no treatment or has only treatment that 117
	166	+	does not require any chemical treatment, process adjustment, 118
	167	+	backwashing or media regeneration by an operator. 119
	168	+	This act shall take effect as follows and shall amend the following
	169	+	sections:
	170	+
	171	+	Section 1 October 1, 2019 22a-483f
	172	+	Sec. 2 October 1, 2019 25-32(n)(1)
	173	+
	174	+	PH Joint Favorable
	175	+	ET Joint Favorable
207	176