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statutes  is  repealed  and   the   following   is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the general statutes is repealed and the following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