House Bill No. 7194
Public Act No. 19-194
AN ACT CONCERNING TH E DEPARTMENT OF PUBL IC HEALTH'S
RECOMMENDATIONS REGA RDING PUBLIC DRINKIN G WATER
AND CLARIFICATION CO NCERNING THE EFFECT OF THE
PROVISIONS OF THE ST ATE WATER PLAN AND D EFINING
MUNICIPALITY WITH RESPECT TO STORMWATER AUTHORITIES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 22a-483f of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
(a) For the purposes described in subsection (b) of this section, the
State Bond Commission shall have the 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 twenty million
dollars.
(b) The proceeds of the sale of said bonds, to the extent of the
amount stated in subsection (a) of this section, shall be used by the
Department of Public Health for the purpose of providing grants-in-
aid, which may be provided in the form of principal forgiveness, to
eligible public water systems for eligible drinking water projects for
which a project funding agreement is made on or after July 1, 2014,
between the Commissioner of Public Health and the eligible public
water system pursuant to sections 22a-475 to 22a-483, inclusive, under House Bill No. 7194
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the public water system improvement program established in
subsection (c) of this section.
(c) (1) For purposes of the public water system improvement
program established pursuant to this section:
(A) "Eligible drinking water project" has the same meaning as
provided in section 22a-475;
(B) "Eligible project costs" has the same meaning as provided in
section 22a-475;
(C) "Eligible public water system" has the same meaning as
provided in section 22a-475; [, except "eligible public water system"
does not include eligible public water systems that are public service
companies, as defined in section 16-1.] and
(D) "Public service company" has the same meaning as provided in
section 16-1.
(2) All provisions applicable to drinking water projects under
sections 22a-475 to 22a-483, inclusive, shall be applicable to the public
water system improvement program, including eligibility of public
water systems, eligible project costs, application procedures for
financial assistance, and procedures for approving and awarding such
financial assistance. The department shall comply with all allocation
goals for smaller eligible public water systems and with the priorities
for awarding financial assistance, as provided in sections 22a-475 to
22a-483, inclusive.
(3) An eligible public water system applying for financial assistance
pursuant to this section shall submit to the department, along with the
application submitted under sections 22a-475 to 22a-483, inclusive, a
fiscal and asset management plan. The department shall provide
financial assistance as follows: House Bill No. 7194
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(A) [Eligible] An eligible public water [systems] system that [serve]
serves ten thousand or fewer persons may receive financial assistance
pursuant to this section for up to fifty per cent of eligible project costs;
(B) [Eligible] An eligible public water [systems] system that [serve]
serves more than ten thousand persons m ay receive financial
assistance pursuant to this section for up to thirty per cent of eligible
project costs; [and]
(C) [Eligible] An eligible public water [systems] system that [are] is
a for-profit [companies] company, other than a for-profit company that
is a public service company, may not receive additional financial
assistance pursuant to this section; [.] and
(D) An eligible public water system that is a public service company
may not receive financial assistance pursuant to this section unless (i)
such financial assistance is for eligible project costs of an eligible
drinking water project, (ii) such financial assistance is used by the
public service company for such eligible drinking water project, and
(iii) the department has consulted with the Public Utilities Regulatory
Authority regarding the public service company's receipt of such
financial assistance.
(d) 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 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
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 House Bill No. 7194
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State Bond Commission that there has been filed with it a request for
such authorization which is signed by or on behalf of the Secretary of
the Office of Policy and Management 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 State Treasurer shall pay such principal and
interest as the same become due.
Sec. 2. Subdivision (1) of subsection (n) of section 25-32 of the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2019):
(n) (1) On and after the effective date of regulations adopted under
this subsection, no person may operate any water treatment plant,
water distribution system or small water system that treats or supplies
water used or intended for use by the public, test any backflow
prevention device, or perform a cross connection survey without a
certificate issued by the commissioner under this subsection. The
commissioner shall adopt regulations, in accordance with chapter 54,
to provide: (A) Standards for the operation of such water treatment
plants, water distribution systems and small water systems; (B)
standards and procedures for the issuance of certificates to operators
of such water treatment plants, water distribution systems and small
water systems, including, but not limited to, standards and procedures
for the department's approval of third parties to administer
certification examinations to such operators; (C) procedures for the
renewal of such certificates every three years; (D) standards for
training required for the issuance or renewal of a certificate; (E) House Bill No. 7194
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standards and procedures for the department's approval of course
providers and courses of study as they relate to certified operators of
water treatment plants, water distribution systems and small water
systems and certified persons who test backflow prevention devices or
perform cross connection surveys for initial and renewal applications;
and [(E)] (F) standards and procedures for the issuance and renewal of
certificates to persons who test backflow prevention devices or
perform cross connection surveys. Such regulations shall be consistent
with applicable federal law and guidelines for operator certification
programs promulgated by the United States Environmental Protection
Agency. For purposes of this subsection, "small water system" means a
public water system, as defined in section 25-33d, that serves less than
one thousand persons and has no treatment or has only treatment that
does not require any chemical treatment, process adjustment,
backwashing or media regeneration by an operator.
Sec. 3. (NEW) (Effective from passage) In the event of conflict between
any provision of the state water plan and any provision of the general
statutes, the provision of the general statutes shall control.
Sec. 4. Subsection (a) of section 22a-498 of the general statutes, as
amended by section 1 of house bill 7408 of the current session, as
amended by House Amendment Schedule "A", is repealed and the
following is substituted in lieu thereof (Effective July 1, 2019):
(a) Any municipality may, by ordinance adopted by its legislative
body, designate any existing board or commission or establish a new
board or commission as the stormwater authority for such
municipality. If a new board or commission is created, such
municipality shall, by ordinance, determine the number of members
thereof, their compensation, if any, whether such members shall be
elected or appointed, the method of their appointment, if appointed,
and removal and their terms of office, which shall be so arranged that
not more than one-half of such terms shall expire within any one year. House Bill No. 7194
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For purposes of this section, "municipality" means any town, city,
borough, consolidated town and city or consolidated town and
borough. "Municipality" does not include any local school district,
regional school district, metropolitan district, district as defined in
section 7-324 or any other municipal corporation or authority
authorized to issue bonds, notes or other obligations under the
provisions of the general statutes or any special act.
Sec. 5. Section 22a-498a of the general statutes, as amended by
section 2 of house bill 7408 of the current session, as amended by
House Amendment Schedule "A", is repealed and the following is
substituted in lieu thereof (Effective July 1, 2019):
A municipal stormwater authority created pursuant to section 22a-
498, as amended by [this act] house bill 7408 of the current session, as
amended by House Amendment Schedule "A" , and located in a
distressed municipality, as defined in subsection (b) of section 32-9p,
having a population of not more than twenty-eight thousand shall
constitute a body politic and corporate and the ordinance establishing
such authority may confer upon such authority the following powers:
(1) To sue and be sued; (2) to acquire, hold and convey any estate, real
or personal; (3) to contract; (4) to borrow money, including by the
issuance of bonds, provided the issuance of such bonds is approved by
the legislative body of the municipality in which such authority district
is located; (5) to recommend to the legislative body of such
municipality the imposition of fees upon the interests in real property
within such authority district, the revenues from which shall be used
in carrying out any of the powers of such authority; (6) to deposit and
expend funds; and (7) to enter property to make surveys, soundings,
borings and examinations to accomplish the purposes of section 22a-
498, as amended by [this act] house bill 7408 of the current session, as
amended by House Amendment S chedule "A". For purposes of this
section, "municipality" means any town, city, borough, consolidated House Bill No. 7194
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town and city or consolidated town and borough. "Municipality" does
not include any local school district, regional school district,
metropolitan district, district as defined in section 7-324 or any other
municipal corporation or authority authorized to issue bonds, notes or
other obligations under the provisions of the general statutes or any
special act.