Connecticut Seal

General Assembly

 

Substitute Bill No. 440

    February Session, 2012

 

*_____SB00440PD____032612____*

AN ACT CONCERNING PHOSPHOROUS REDUCTION IN STATE WATERS.

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

Section 1. Subdivision (3) of subsection (c) of section 22a-478 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(3) A construction contract eligible for financing awarded by a municipality on or after July 1, 1999, as a project undertaken for nitrogen or phosphorous removal shall receive a project grant of thirty per cent of the cost of the project associated with nitrogen or phosphorous removal, a twenty per cent grant for the balance of the cost of the project not related to nitrogen or phosphorous removal, and a loan for the remainder of the costs of the project, not exceeding one hundred per cent of the eligible water quality project costs. Nitrogen removal projects under design or construction on July 1, 1999, and projects that have been constructed but have not received permanent, Clean Water Fund financing, on July 1, 1999, shall be eligible to receive a project grant of thirty per cent of the cost of the project associated with nitrogen removal, a twenty per cent grant for the balance of the cost of the project not related to nitrogen removal, and a loan for the remainder of the costs of the project, not exceeding one hundred per cent of the eligible water quality project costs.

Sec. 2. (Effective from passage) The Commissioner of Energy and Environmental Protection, or the commissioner's designee, shall, in consultation with the chief elected officials of the cities of Danbury, Meriden and Waterbury and the towns of Cheshire, Southington and Wallingford, or such chief elected officials' designees, develop a state-wide strategy to reduce phosphorous loading in inland nontidal waters in order to comply with standards established by the United States Environmental Protection Agency. Such state-wide strategy shall (1) establish a state-wide response to address phosphorous nonpoint source pollution, (2) create a workable, cost-effective approach for municipalities to use in order to comply with standards established by the United States Environmental Protection Agency for phosphorous reduction, (3) determine the proper scientific methods by which to measure current phosphorous levels in inland nontidal waters and to make future projections of phosphorous levels in such waters, (4) provide clear guidance to municipal and regional water pollution control authorities as to any capital improvements that may be required to comply with standards established by the United States Environmental Protection Agency for phosphorous reduction, and (5) establish a safe harbor rule for any municipal or regional water pollution control authority that makes capital improvements in reliance on such guidance. The commissioner shall, not later than January 1, 2013, and in accordance with the provisions of section 11-4a of the general statutes, submit a report on the state-wide strategy together with recommendations for any legislation required to support such strategy to the joint standing committees of the General Assembly having cognizance of matters relating to local governments and the environment.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2012

22a-478(c)(3)

Sec. 2

from passage

New section

PD

Joint Favorable Subst.