Connecticut Seal

Senate Bill No. 481

Public Act No. 02-76

AN ACT CONCERNING THE SOUTHEASTERN CONNECTICUT WATER AUTHORITY AND THE WATER PLANNING COUNCIL.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsections (a) and (b) of section 4 of number 381 of the special acts of 1967, as amended by section 1 of number 206 of the special acts of 1969, are amended to read as follows (Effective from passage):

(a) The representative advisory board to the Southeastern Connecticut Water Authority shall consist of two electors from each town within the district who shall be appointed by the board of selectmen or town council, as the case may be, on September 1, 1969, and whose successors shall be so appointed on or before September first biennially thereafter. One of such members of the advisory board from each town shall be appointed by the members of the board of selectmen or town council, as the case may be, of the political party having the greatest representation on such board or council and the other member of said advisory board shall be appointed by the members of the board of selectmen or town council of the political party having the next greatest representation. Nothing in this subsection shall be construed to prohibit any member of the Southeastern Connecticut Regional Council of Governments from serving as a member of the representative advisory board. Members shall serve for a term of two years and until their successors are appointed and have qualified and shall serve without compensation. They shall elect a chairman, a vice-chairman and a secretary and establish such bylaws as they deem necessary. Members of the advisory board shall not vote on any matter before the advisory board other than in person.

(b) The advisory board shall meet at least quarterly with the authority to review the progress and financial condition of the authority, and may, as it deems necessary, call special meetings with the authority to review such progress and financial condition and to discuss issues relating to water supply and the operations of the authority. The advisory board shall establish procedures and policies, jointly with the authority, to govern the basis on which the authority shall coordinate its activities to cooperatively develop the water supply and distribution system necessary for an integrated regional water supply system. The advisory board shall select the certified public accountant to conduct the annual audit of the accounts, books and records of the authority.

Sec. 2. Section 5 of number 381 of the special acts of 1967 is amended to read as follows (Effective from passage):

A corporation known as the "Southeastern Connecticut Water Authority" is created for the purposes, charged with the duties and granted the powers provided in this act. The authority shall be a body corporate and politic. The authority shall consist of [five] seven members who shall not be members of the advisory board, all of whom shall be residents of the district. [and who] Five members shall be appointed directly by a majority of those members of the representative advisory board present at a meeting at which two-thirds of the membership of said advisory board are present. [, for terms of five years and until their successors are appointed and have qualified, except that of the] The remaining two members shall be appointed by the representative advisory board, subject to the conditions described in this section, from a slate of no fewer than three nominees provided by the Southeastern Connecticut Regional Council of Governments. The term of appointment shall be five years and until their successors are appointed except that of the five members first appointed one shall be appointed for a term of five years, one for a term of four years, one for a term of three years, one for a term of two years and one for a term of one year and the two members selected from nominees provided by the Southeastern Connecticut Regional Council of Governments shall be appointed for terms of four and three years, respectively. Not more than [three] four members of the authority shall be members of the same political party. Vacancies on the authority shall be filled by appointments by the advisory board for the unexpired terms, including the replacement of members nominated by the Southeastern Connecticut Regional Council of Governments by selecting and appointing new members from a slate of nominees provided by the Southeastern Connecticut Regional Council of Governments. Members of the authority may be removed from office by the advisory board for cause. Members of the authority shall receive such compensation for their services as shall be fixed by the advisory board and shall be reimbursed for their necessary expenses incurred in the performance of their duties. Nothing in this section shall be construed to prohibit any member of the Southeastern Connecticut Regional Council of Governments from serving as a member of the authority.

Sec. 3. Section 18 of number 381 of the special acts of 1967 is amended to read as follows (Effective from passage):

(a) The authority, subject to any limitation on the amount of revenues available to be expended for such purposes, and subject to engineering and financial feasibility studies, shall plan, operate and maintain a water supply system and, where necessary, construct water supply systems for the Southeastern Connecticut Planning Region. In no event is this act to be construed as requiring the authority to construct a water supply system in any area where expected revenues would not meet the expected expenditure for construction and operation of such a water supply system, provided, on the written request of the city council of the city of Groton, for the provision of water, said authority shall immediately proceed to establish a source of water supply for said city which will provide not less than four million gallons of water per day and shall connect such source to the water supply system of said city, the cost of such establishment and connection to be borne by said authority.

(b) Notwithstanding any provision of subsection (a) of this section or any other provision of any special act or general statute, the authority shall, not later than July 1, 2003, either (1) amend or revise such authority's last water supply plan for the Southeastern Connecticut Planning Region, or (2) adopt a new water supply plan for the Southeastern Connecticut Planning Region. The cost of such amendment, revision or adoption shall not exceed one hundred fifty thousand dollars. In the amendment, revision or adoption of any such plan pursuant to this subsection, the authority shall conduct an analysis of the potential to more fully interconnect and integrate the Southeastern Connecticut Planning Region water supply system. The authority shall submit for review any amendments, revisions or plan developed pursuant to this subsection to the water planning council established pursuant to public act 01-177, as amended by this act.

Sec. 4. Subsection (c) of public act 01-177 is repealed and the following is substituted in lieu thereof (Effective from passage):

(c) The council shall, not later than January 1, 2002, and annually thereafter, report its preliminary findings and any proposed legislative changes to the joint standing committees of the General Assembly having cognizance of matters relating to public health, the environment and public utilities in accordance with section 11-4a. [The council shall, not later than January 1, 2003, report its final findings and any proposed legislative changes to the joint standing committees of the General Assembly having cognizance of matters relating to public health, the environment and public utilities in accordance with section 11-4a. The council shall terminate on the date that it submits its final report or January 1, 2003, whichever is earlier. ]

Sec. 5. Section 9 of number 381 of the special acts of 1967 is amended to read as follows (Effective from passage):

The powers of the authority shall be exercised by the members at a meeting duly called and held, and [three] four members shall constitute a quorum. No action shall be taken except pursuant to the favorable vote of at least [three] four members. The authority may delegate to one or more of its members, officers, agents or employees such powers and duties as it may deem proper.

Approved June 3, 2002