OLR Bill Analysis

sSB 313 (File 332, as amended by Senate “A”)*

AN ACT CONCERNING PROTECTION OF PUBLIC WATER SUPPLY SOURCES.

SUMMARY:

This bill requires that the public health (DPH) commissioner receive notice of applications submitted to local agencies about activities on public water supply watersheds. It allows the DPH commissioner to adopt regulations that incorporate by reference federal drinking water regulations.

The bill requires the public health and environmental protection (DEP) commissioners to study the use of ethanol as a gasoline additive in the state as a means of meeting federal Clean Air Act requirements.

The bill also makes technical changes.

*Senate Amendment “A” specifies that the notice to the DPH commissioner must be in a format he approves; adds a filing made to a local planning commission; and makes the ethanol report subject to available appropriations.

EFFECTIVE DATE: The DPH commissioner notification and regulation provisions take effect October 1, 2006; the ethanol study and technical changes take effect upon passage.

NOTIFICATION OF PUBLIC HEALTH COMMISSIONER

By law, anyone filing an application, petition, request, or plan with the local zoning or zoning appeals authority for any site within a water company's watershed or aquifer protection area must notify the water company if the company has filed a watershed map with the municipality or map of the aquifer protection area. The bill adds a filing made with a local planning commission.

The bill requires that the applicant also notify the DPH commissioner in a format he approves in these situations. The applicant must send the notice by certified mail, return receipt requested, within seven days after the date of the application. The commissioner has the right to be heard at any hearing on the application.

The law establishes an exemption from the notice requirements in towns that allow zoning agents to approve applications, if the agent determines that a proposed activity will not adversely affect the public water supply. Existing law exempts notice to water companies in such towns.

By law, an applicant for a regulated activity on an inland wetland or watercourse must notify the water company of the application if it affects the company's watershed and the company has filed a map with the municipality. The bill extends the notice requirement to include the health commissioner in a format he approves. The applicant must send the notice by certified mail, return receipt requested, within seven days of the date of the application. The commissioner can appear and be heard at the hearing on the application.

REGULATIONS

The bill authorizes DPH to adopt regulations that incorporate by reference the provisions of the federal National Primary Drinking Water regulations (40 CFR, Parts 141, 142) if they (1) are consistent with other regulations adopted by the state and (2) explicitly incorporate any future amendments to the federal regulations.

ETHANOL STUDY

The DEP and DPH commissioners must study the costs and benefits of using ethanol as a gas additive to meet the federal Clean Air Act requirements. The study must address (1) public health implications of exposure to unsafe ethanol levels and other toxics unique to ethanol-blended gasoline, (2) how using ethanol affects motor vehicle emissions and affects the state's implementation plan under the federal act, and (3) health risks associated with chronic exposure to ethanol or ethanol-blended gas.

DEP must, within available appropriations, report the study findings to the Public Health and Environment committees by December 31, 2006. Additionally, the report must include an analysis of (1) any reports or recommendations made by Northeast States for Coordinated Air Use management and the New England Institute Water Pollution Control Commission; (2) whether Connecticut should continue to use ethanol as a gas additive and if not, an analysis of the waiver process from the federal Environmental Protection Agency to discontinue its use; and (3) the effect of ethanol on the state's air quality.

The report must also include (1) an update on other states' use of ethanol as a gas additive, (2) recommendations for new ethanol exposure standards for gas-related occupations and sensitive population subgroups, and (3) specific recommendations on alternative or supplemental air pollution reduction programs (e. g. , alternative motor vehicle fuel incentives, mass transit, employee commuter programs).

COMMITTEE ACTION

Public Health Committee

Joint Favorable Substitute

Environment Committee

Joint Favorable