House Bill No. 5725
House Bill No. 5725
PUBLIC ACT NO. 97-314
AN ACT CONCERNING RATE TREATMENT AND SALE OF WATER
COMPANY LANDS AND REVISION OF WATER SUPPLY PLANS
AND REPORTS REGARDING ENFORCEMENT OF ENVIRONMENTAL
PROTECTION LAWS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 16-19z of the general
statutes is repealed and the following is
substituted in lieu thereof:
In any proceeding pursuant to section 16-19
on a rate amendment proposed by a water company,
as defined in section 16-1, the Department of
Public Utility Control shall consider including
the cost to the company of purchasing, owning or
retaining land for WATER SUPPLY PROTECTION OR
future water supply use in the current rate base
of the company, subject to the following
conditions: (1) The land shall be included in a
water supply plan filed and approved pursuant to
section 25-32d or shall otherwise be approved by
the Commissioner of Public Health pursuant to the
general statutes or regulations adopted under the
general statutes; (2) the land shall include (A)
an area necessary for surface and groundwater
supply protection, (B) the impoundment area, (C) a
well site, or (D) other appropriate appurtenances
such as a tank site or filtration plant site or
other necessary facilities; and (3) the purchase,
ownership or retention of the land is found by the
department to be prudent considering cost,
availability and need. THE DEPARTMENT MAY NOT
REQUIRE ANY SUCH COMPANY TO SELL ANY SUCH LAND
OWNED BY SUCH COMPANY AS OF THE EFFECTIVE DATE OF
THIS ACT, EXCEPT AS PROVIDED IN SECTION 16-262n.
Sec. 2. Subsection (b) of section 16-50c of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) ON OR BEFORE JANUARY 1, 1998, AND ON OR
BEFORE JANUARY FIRST OF EACH YEAR THEREAFTER, THE
NATURE CONSERVANCY, THE TRUST FOR PUBLIC LAND, THE
LAND TRUST SERVICE BUREAU AND ANY PRIVATE,
NONPROFIT LAND-HOLDING ORGANIZATION MAY PROVIDE IN
WRITING TO THE DEPARTMENT OF PUBLIC UTILITY
CONTROL ITS MAILING ADDRESS AND A LIST OF THE
MUNICIPALITIES IN THIS STATE IN WHICH IT OWNS LAND
WHICH ADDRESS IS SUITABLE FOR THE PURPOSE OF
RECEIVING NOTICE OF THE SALE, LEASE OR OTHER
DISPOSITION OF WATER COMPANY LAND AS PROVIDED IN
THIS SECTION. ON OR BEFORE FEBRUARY 1, 1998, AND
ON OR BEFORE FEBRUARY FIRST OF EACH YEAR
THEREAFTER, SAID DEPARTMENT SHALL PUBLISH AND MAKE
AVAILABLE TO EVERY WATER COMPANY, AS DEFINED IN
SECTION 16-1, A LIST SETTING FORTH FOR EACH
PRIVATE, NONPROFIT LAND-HOLDING ORGANIZATION WHICH
HAS PROVIDED SUCH INFORMATION, SUCH ORGANIZATION'S
MAILING ADDRESS AND THE MUNICIPALITIES IN WHICH
SUCH ORGANIZATION OWNS LAND. Whenever any water
company, as defined in section 16-1, owning any
contiguous area of real property containing three
acres or more, intends to sell, lease or otherwise
dispose of such land, or a portion thereof, such
company shall first (1) notify in writing, by
certified mail, return receipt requested, the
Department of Public Utility Control, the
Commissioner of Public Health, the Commissioner of
Environmental Protection, any water company, as
defined in section 25-32a, with an existing or
potential source of supply or service area in any
municipality in which such land is situated, any
water company, as defined in said section 25-32a,
with an existing or potential source of supply or
service area in a contiguous municipality, [and]
the chief executive officer or officers of the
municipality in which such land is situated, THE
NATURE CONSERVANCY, THE TRUST FOR PUBLIC LAND, THE
LAND TRUST SERVICE BUREAU AND ANY PRIVATE,
NONPROFIT LAND-HOLDING ORGANIZATION SET FORTH ON
THE LIST PUBLISHED ANNUALLY BY THE DEPARTMENT OF
PUBLIC UTILITY CONTROL PURSUANT TO THIS SECTION
WHICH ORGANIZATION HAS ITS MAILING ADDRESS OR OWNS
LAND IN EITHER THE MUNICIPALITY IN WHICH SUCH
WATER COMPANY LAND IS SITUATED OR IN ANY
CONTIGUOUS MUNICIPALITY PROVIDED SUCH NOTICE SHALL
INFORM RECIPIENTS THAT ANY SIGNIFICANT TERMS AND
CONDITIONS OF SUCH SALE, LEASE OR OTHER
DISPOSITION AND A MAP OF THE PROPERTY ARE
AVAILABLE AT THE COMPANY and (2) provide FURTHER
PUBLIC notice [to private, nonprofit land-holding
organizations] by causing a notice to be published
in a newspaper of general circulation in the
municipalities where such WATER COMPANY land is
situated not more than forty-five days nor less
than thirty days before and not more than thirty
days after filing an application for approval with
the department of such intention to sell, lease or
otherwise dispose of such land. Such PUBLIC notice
shall be published in a display form that shall
serve substantially to notify [private, nonprofit
land-holding organizations] THE PUBLIC of the
availability of the property and shall be
published in print no smaller than ten-point type
size. No agreement to sell, lease or otherwise
dispose of such land may be entered into by such
water company except as provided in this section.
Any private, nonprofit land-holding organization
which is considering acquiring the interest in the
land which the water company intends to sell,
lease or dispose of, must identify itself as a
potential acquirer by giving written notice to the
Department of Public Utility Control and to the
water company by certified mail, return receipt
requested, not more than ninety days after the
water company files an application for approval.
The department shall approve or disapprove the
disposition of such property pursuant to
subsection (a) of section 16-43 not more than one
hundred fifty days after its receipt of an
application for such sale, lease or other disposal
pursuant to this subsection and failure to take
action within such period shall be deemed to
constitute approval. The department shall hold a
hearing on all such land transactions in which the
acquisition cost of the parcels involved or the
transfer consideration is in excess of twenty
thousand dollars. The hearing shall be held in the
municipality where such land is located. If such
land is located in more than one municipality the
department shall determine in which municipality
the hearing shall be held. If the hearing is
scheduled for more than one day or continues for
more than one day the department may reconvene the
hearing at the offices of the department. An
application shall not be filed with the department
until the Commissioner of Public Health issues a
permit pursuant to section 25-32. The municipality
in which such land is situated shall be a party to
all proceedings before the department involving
such land brought pursuant to sections 16-50b to
16-50e.
Sec. 3. Subsection (a) of section 25-32d of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) Each water company as defined in section
25-32a and supplying water to one thousand or more
persons or two hundred fifty or more consumers and
any other water company as defined in said section
requested by the Commissioner of Public Health
shall submit a water supply plan to the
Commissioner of Public Health for approval with
the concurrence of the Commissioner of
Environmental Protection. The concurrence of the
Public Utilities Control Authority shall be
required for approval of a plan submitted by a
water company regulated by the authority. The
Commissioner of Public Health shall consider the
comments of the Public Utilities Control Authority
on any plan which may impact any water company
regulated by the authority. The Commissioner of
Public Health shall distribute a copy of the plan
to the Commissioner of Environmental Protection
and the Public Utilities Control Authority. A copy
of the plan shall be sent to the Secretary of the
Office of Policy and Management for information
and comment. A plan shall be revised at such time
as the water company filing the plan or the
Commissioner of Public Health determines or at
intervals of not less than three years nor more
than five years after the date of initial
approval. ANY WATER COMPANY WHICH IS SUBJECT TO
THE REQUIREMENTS OF SUBSECTION (b) OF SECTION
16-50c, AS AMENDED BY SECTION 2 OF THIS ACT, WHICH
SUBMITS A REVISION OF ANY SUCH PLAN REGARDING LAND
USE AND OWNERSHIP SHALL PROVIDE NOTICE THAT SUCH A
REVISION HAS BEEN MADE AND IS AVAILABLE AT SUCH
COMPANY WHICH NOTICE SHALL BE BY CERTIFIED MAIL,
RETURN RECEIPT REQUESTED, TO EACH PRIVATE,
NONPROFIT LAND-HOLDING ORGANIZATION THAT WOULD BE
ENTITLED UNDER SAID SUBSECTION TO NOTICE OF THE
SALE, LEASE OR OTHER DISPOSITION OF ANY LAND
AFFECTED BY SUCH REVISION.
Sec. 4. (NEW) On or before February first of
each year, the Commissioner of Environmental
Protection shall submit a report to the joint
standing committee of the General Assembly having
cognizance of matters relating to the environment
regarding (1) the extent of compliance with the
environmental protection laws of this state by
persons holding permits issued under title 22a of
the general statutes, (2) the enforcement actions
taken by the commissioner in the preceding
calendar year, (3) the effectiveness of
environmental compliance assistance programs and
(4) an evaluation of the environmental performance
of entities regulated under said title by said
commissioner.
Approved July 10, 1997