Connecticut Seal

Substitute Senate Bill No. 313

Public Act No. 06-53

AN ACT CONCERNING PROTECTION OF PUBLIC WATER SUPPLY SOURCES.

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

Section 1. Section 8-3i of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

(a) As used in this section "water company" means a water company, as defined in section 25-32a, and "petition" includes a petition or proposal to change the regulations, boundaries or classifications of zoning districts.

(b) When an application, petition, request or plan is filed with the zoning commission, planning and zoning commission or zoning board of appeals of any municipality concerning any project on any site [which] that is within the aquifer protection area delineated pursuant to section 22a-354c or the watershed of a water company, the applicant or the person making the filing shall provide written notice of the application, petition, request or plan to the water company and the Commissioner of Public Health in a format prescribed by said commissioner, provided such water company or said commissioner has filed a map showing the boundaries of the watershed on the land records of the municipality in which the application, petition, request or plan is made and with the planning commission, zoning commission, planning and zoning commission or zoning board of appeals of such municipality or the aquifer protection area has been delineated in accordance with section 22a-354c, as the case may be. Such notice shall be made by certified mail, return receipt requested, and shall be mailed [within] not later than seven days [of] after the date of the application. Such water company and the Commissioner of Public Health may, through a representative, appear and be heard at any hearing on any such application, petition, request or plan.

(c) Notwithstanding the provisions of subsection (b) of this section, when an agent of the zoning commission, planning and zoning commission or zoning board of appeals is authorized to approve an application, petition, request or plan concerning any site [which] that is within the aquifer protection area delineated pursuant to section 22a-354c or the watershed of a water company without the approval of the zoning commission, planning and zoning commission or zoning board of appeals, and such agent determines that the proposed activity will not adversely affect the public water supply, the applicant or person making the filing shall not be required to notify the water company or the Commissioner of Public Health.

Sec. 2. Section 22a-42f of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

When an application is filed to conduct or cause to be conducted a regulated activity upon an inland wetland or watercourse, any portion of which is within the watershed of a water company as defined in section 25-32a, the applicant shall provide written notice of the application to the water company and the Commissioner of Public Health in a format prescribed by said commissioner, provided such water company or said commissioner has filed a map showing the boundaries of the watershed on the land records of the municipality in which the application is made and with the inland wetlands agency of such municipality. Such notice shall be made by certified mail, return receipt requested, and shall be mailed [within] not later than seven days [of] after the date of the application. The water company and the Commissioner of Public Health, through a representative, may appear and be heard at any hearing on the application.

Sec. 3. Section 25-32 of the general statutes is amended by adding subsection (o) as follows (Effective October 1, 2006):

(NEW) (o) The commissioner may adopt regulations, in accordance with the provisions of chapter 54, that incorporate by reference the provisions of the federal National Primary Drinking Water Regulations in 40 C. F. R. Parts 141 and 142, promulgated by the United States Environmental Protection Agency, provided such regulations (1) are consistent with other regulations adopted pursuant to this section, and (2) explicitly incorporate any future amendments to said federal regulations.

Sec. 4. Subdivision (4) of section 7-244h of the 2006 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(4) Sell, lease, grant options to purchase or to renew a lease for any interest in all or any portion of property of such authority, real or personal, tangible or intangible, determined by such authority to be no longer used by or useful to such authority, on such terms as such authority may determine to be necessary, desirable or convenient, subject to the provisions of applicable law concerning such sale, lease or options, except that such authority may not sell, lease or otherwise convey any interest in land classified under [subsection (c) of section 25-37] section 25-37c as class I or class II water-company-owned land unless specifically authorized in subdivision (5) or (17) of this section.

Sec. 5. Section 7-244q of the 2006 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

Without limiting the generality of any and all rights, privileges and powers granted to an authority under the provisions of sections 7-244g to 7-244s, inclusive, and subject to the provision of said sections 7-244g to 7-244s, inclusive, an authority shall have the same rights, privileges and powers related to the issuance of bonds as are granted to a municipality or town, as such terms are defined in chapter 109. Where said chapter 109 authorizes or requests action by a municipal or town official, officer or body, the board of directors of an authority shall designate an official, officer or body of such authority to take such action on behalf of such authority, except that the provisions of sections 7-373 to 7-374a, inclusive, [7-347c] 7-374c, 7-378b, 7-378d and 7-378f do not apply to such authority. For purposes of this section, references in said chapter 109 to "taxes" or "taxation" mean charges or assessments by an authority.

Sec. 6. (Effective from passage) (a) The Commissioners of Environmental Protection and Public Health shall study the costs and benefits of using ethanol as a gasoline additive in this state as a means of meeting the requirements of the federal Clean Air Act. Such study shall examine (1) the public health implications of exposure to unsafe levels of ethanol and other toxics unique to ethanol-blended gasoline, (2) how using ethanol as a gasoline additive effects motor vehicle emissions and impacts on the state's implementation plan under the federal Clean Air Act, and (3) health risks associated with chronic exposure to ethanol or ethanol-blended gasoline.

(b) Not later than December 31, 2006, the Commissioner of Environmental Protection shall, within available appropriations and in accordance with section 11-4a of the general statutes, report the findings of the study authorized in subsection (a) of this section to the joint standing committees of the General Assembly having cognizance of matters relating to public health and the environment. In addition to such findings, such report shall include (1) an analysis of any reports or recommendations made by the Northeast States for Coordinated Air Use Management and the New England Interstate Water Pollution Control Commission, (2) an analysis of whether Connecticut should continue to use ethanol as a gasoline additive and, if not, an analysis of the process for seeking a waiver from the United States Environmental Protection Agency in order to discontinue the use of ethanol as a gasoline additive in this state, (3) an analysis of the effect of ethanol on the state's air quality, (4) an update on the status of any action taken by other states regarding the use of ethanol as a gasoline additive, (5) recommendations for new ethanol exposure standards for gasoline-related occupations and for sensitive population subgroups, and (6) specific recommendations on alternative or supplemental air pollution reduction programs such as alternative motor vehicle fuel incentives, mass transit and employee commuter programs.

Approved May 8, 2006