OLR Bill Analysis

sHB 5467

AN ACT CONCERNING THE MARINE SCIENCE MAGNET HIGH SCHOOL OF SOUTHEASTERN CONNECTICUT.

SUMMARY:

This bill authorizes the project known as the “Marine Science Magnet High School of Southeastern Connecticut” to be constructed on land now or formerly owned by Doris P. Pulaski, Trustee, without meeting the law's certification or exemption and permit requirements concerning activities or critical activities in or affecting the floodplain. The land where the project will be built is located at 155 Thomas Road in Groton.

Under the bill, all permits required by law for building, except any concerning activity or critical activity in the floodplain, must have been filed and approved.

The law generally subjects state agencies (e. g. , involved with school siting and construction) to Department of Environmental Protection (DEP) regulation of activities in flood plains, but provides a method whereby an agency can apply for an exemption. It requires DEP to adopt regulations that include standards for storm water management and flood flows and certification and exemption procedures for activities in floodplains.

EFFECTIVE DATE: Upon passage

BACKGROUND

Certification Requirement of an Activity or Critical Activity in or Affecting the Floodplain or Exemption

By law, no state agency may undertake an activity or a critical activity in or affecting the floodplain without first obtaining, from the DEP commissioner, an (1) approval, or approval with conditions, of a required certification or (2) exemption from certification. An “activity” is any proposed state action in a floodplain or that impacts natural or man-made storm drainage facilities that are located on property that the commissioner determines the state controls. “Critical activity” means any activity, including (1) the treatment, storage and disposal of hazardous waste and (2) the siting of hospitals, housing for the elderly, schools or residences, in the . 2% floodplain in which the commissioner determines that a slight chance of flooding is too great.

The law requires any state agency proposing an activity or critical activity within or affecting the floodplain to submit to the DEP commissioner information certifying various things, including that the proposal will not (1) obstruct flood flows or result in an adverse increase in flood elevations; (2) significantly affect the storage or flood control value of the floodplains; (3) cause an adverse increase in flood velocities or an adverse flooding impact upon upstream, downstream, or abutting properties; or (4) pose a hazard to human life, health, or property in the event of a base flood.

The commissioner must make a decision to approve, approve with conditions, or reject a certification no later than 90 days after receipt of the certification, except that in the case of an exemption any decision must be made 90 days after the close of the hearing the law allows. If a certification is rejected, the agency is entitled to a hearing.

However, state agencies proposing activities may apply to the commissioner for an exemption from certification (CGS § 25-68d(d)). It must state why it is unable to comply and any other information the commission deems necessary.

COMMITTEE ACTION

Environment Committee

Joint Favorable Substitute