You asked several questions about CEPA, which we answer individually below.

WHAT IS CEPA?

CEPA is the Connecticut Environmental Policy Act (CGS § 22a-1a through 22a-1h, and Conn. Agencies Regs. § 22a-1a-1 through 22a-1a-12). Its purpose is to ensure that state agencies consider environmental factors when deciding whether to take an action that may significantly affect the environment. It requires them to evaluate, in writing, the environmental impact the proposed action would have (CGS § 22a-1b(c)).

Among other things, these environmental impact evaluations, or EIEs, must examine the direct, indirect, and cumulative environmental consequences of the proposed action, and any reasonable alternatives to it. The Office of Policy and Management (OPM) reviews EIEs to determine whether the agency has taken all practicable steps to avoid or minimize environmental harm. However, findings of adverse impact do not necessarily stop a project from proceeding.

In 2002, the legislature added a public scoping process to CEPA, allowing the public to comment on a proposed action before an agency begins the formal EIE process. The public also may comment during the EIE process.

WHAT TRIGGERS A CEPA REVIEW?

A state agency must conduct a CEPA review whenever it proposes an activity or sequence of activities that could (1) have a major impact on the state’s land, water, air, historic structures and landmarks, existing housing, or other environmental resources, or (2) serve short-term to the disadvantage of long-term environmental goals. A CEPA study also must be conducted whenever the state wholly or partly funds such an activity, or sequence of activities.

These actions include new state agency projects and programs and new projects supported by state contracts and grants. However, they do not include (1) emergency measures taken in response to an immediate public health or safety threat, or (2) activities that do not involve the exercise of discretion on the agency’s part (CGS § 22a-1c).

By law, all state departments, institutions, and agencies must review their policies and practices to ensure they are consistent with the state’s environmental policy. CEPA requires each agency recommending or beginning an action that may significantly affect the environment to prepare an EIE before deciding whether to proceed. However, an agency may decide after conducting the scoping process that the project may continue without the need for an EIE.

WHO PAYS FOR CEPA?

Agencies pay for CEPA studies with funds allocated for the project being considered. Jeff Smith, of OPM, says the costs vary by agency and by project size. Peter Simmons, assistant development director for the Department of Economic and Community Development (DECD), has conducted numerous CEPA studies in his 17 years with that department. He estimates the department’s studies cost an average of about $ 200,000, ranging from a low of about $ 80,000 to a high of about $ 600,000.

WHAT IS THE AVERAGE TIME TO CONDUCT A STUDY?

OPM’s Smith estimates it usually takes about six months to review a straightforward project from the time the study begins until OPM completes its review. Simmons believes the average CEPA review takes about one year. Complex projects, and studies that involve seasonal environmental impacts, may take longer to evaluate than simpler projects. The CEPA process also must set aside certain blocks of time mandated by statute. For example, the public has 30 days to comment during the initial public scoping process (CGS § 22a-1b(b)(3)), and 45 or 60 days, depending on the proposed action’s complexity and scope, to review the EIE (Conn. Agency Regs. § 22a-1a-8(c)).

We are attaching OLR Report 2004-R-0610 (Attachment 1), which examines CEPA in more detail, and a draft CEPA flow chart provided by OPM (Attachment 2).

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