Connecticut Seal

General Assembly

Amendment

 

February Session, 2016

LCO No. 4193

   
 

*SB0042204193SDO*

Offered by:

 

SEN. BYE, 5th Dist.

SEN. COLEMAN, 2nd Dist.

REP. BARAM, 15th Dist.

REP. ZAWISTOWSKI, 61st Dist.

 

To: Senate Bill No. 422

File No. 450

Cal. No. 305

"AN ACT CONCERNING RESIDENTIAL WATER RATES, PUBLIC DRINKING WATER SUPPLY EMERGENCIES AND SELLERS OF BOTTLED WATER. "

Strike everything after the enacting clause and substitute the following in lieu thereof:

"Section 1. Subsection (b) of section 22a-352 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) The state water plan developed pursuant to subsection (a) of this section shall: (1) Identify the quantities and qualities of water that are available for public water supply, health, economic, recreation and environmental benefits on a regional basin scale considering both surface water and groundwater; (2) identify present and projected demands for water resources on a state-wide and regional basin scale; (3) recommend the utilization of the state's water resources, including surface and subsurface water, in a manner that balances public water supply, economic development, recreation and ecological health; (4) recommend steps to increase the climate resiliency of existing water resources and infrastructure; (5) make recommendations for technology and infrastructure upgrades, interconnections and such major engineering works or special districts which may be necessary, including the need, timing and general cost thereof; (6) recommend land use and other measures, including an assessment of land acquisition or land protection needs, where appropriate to ensure the desired quality and abundance of water and to promote development in concert with available water resources; (7) take into account desired ecological, recreational, agricultural, industrial and commercial use of water bodies; (8) inform residents of the state about the importance of water-resource stewardship and conservation; (9) establish conservation guidelines and incentives for consumer water conservation with due consideration for energy efficiency; (10) develop a water reuse policy with incentives for matching the quality of the water to the use; (11) meet data collection and analysis needs to provide for data driven water planning and permitting decisions; (12) take into account the ecological, environmental, public health and safety and economic impact that implementation of the state water plan will have on the state; (13) include short and long-range objectives and strategies to communicate and implement the plan; (14) seek to incorporate regional and local plans and programs for water use and management and plans for water and sewerage facilities in the state water plan; (15) promote intraregional solutions and sharing of water resources; (16) include recommendations regarding: (A) Water rates charged to holders of licenses for the business of bottling water pursuant to section 21a-136, (B) water company rates, rate setting practices and rate structures, (C) water company consumer advocates and public input regarding water company rates, including recommendations regarding whether municipalities or entities should charge holders of licenses for the business of bottling water issued pursuant to section 21a-136 a clean water project charge rate less than the residential consumer clean water project charge rate charged by the municipality or entity; [(16)] (17) develop and recommend strategies to address climate resiliency including the impact of extreme weather events; [and (17)] (18) include recommended guidelines concerning daily water volume restrictions, transport modes and the reduction of negative environmental impacts of water diversions in excess of five hundred thousand gallons per day that are registered or authorized pursuant to sections 22a-365 to 22a-378, inclusive, and (19) identify modifications to laws and regulations that are necessary in order to implement the recommendations of the state water plan.

Sec. 2. (Effective from passage) Not later than September 30, 2017, the Water Planning Council, in accordance with section 11-4a of the general statutes, shall submit a report concerning the status of water diversions registered or authorized pursuant to sections 22a-365 to 22a-378, inclusive, of the general statutes to the joint standing committees of the General Assembly having cognizance of matters relating to the environment, public health, planning and development and energy and technology. Such report shall specify whether modifications to such diversions are necessary to comply with the state water plan prepared by the Water Planning Council pursuant to section 22a-352 of the general statutes, as amended by this act.

Sec. 3. (NEW) (Effective from passage) (a) Notwithstanding any provision of the general statutes or any charter or special act, each water company, as defined in section 25-32a of the general statutes, shall recognize and implement uniform drought metrics as specified in the U. S. Drought Monitor maintained by The National Drought Mitigation Center and such water companies shall comply with all water use restrictions ordered by the Commissioner of Public Health pursuant to a declaration of a public drinking water supply emergency pursuant to section 25-32b of the general statutes, as amended by this act.

(b) If the Commissioner of Public Health orders the implementation of water use restrictions during a public drinking water supply emergency declared pursuant to section 25-32b of the general statutes, as amended by this act, said commissioner shall order that the sale of water to residential consumers for essential residential use be prioritized over the sale of water to commercial water bottling companies exporting water out of the state for the duration of such public drinking water supply emergency.

Sec. 4. Section 25-32b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The Commissioner of Public Health, in consultation with the Commissioner of Energy and Environmental Protection and the Public Utilities Regulatory Authority, may declare a public drinking water supply emergency upon receipt of information that a public water supply emergency exists, is imminent or can reasonably be expected to occur without the immediate implementation of conservation practices. Notwithstanding any other provision of the general statutes or regulations adopted thereunder, or special act or municipal ordinance, the Commissioner of Public Health, upon such a declaration, may authorize or order one or more of the following: (1) The implementation of local, regional or state-wide water conservation practices, including, but not limited to, water use restrictions, by a public water system or the municipality in which such emergency occurs, (2) the sale, supply or taking of any waters, including waters into which sewage is discharged, or (3) the temporary interconnection of water mains for the sale or transfer of water among water companies. The Public Utilities Regulatory Authority, upon such a declaration, shall determine the terms of the sale of any water sold pursuant to this section if the water companies that are party to the sale cannot determine such terms or if one of such water companies is regulated by the authority. The authorization or order may be implemented prior to such determination. Any authorization or order shall be for an initial period of not more than thirty days but may be extended for additional periods of thirty days up to one hundred fifty days, consistent with the contingency procedures for a public drinking water supply emergency in the plan approved pursuant to section 25-32d, to the extent the Commissioner of Public Health deems appropriate. Upon request by the Commissioner of Public Health, the Commissioner of Energy and Environmental Protection, pursuant to section 22a-378, shall suspend a permit issued pursuant to section 22a-368 or impose conditions on a permit held pursuant to said section. The time for such suspension or conditions shall be established in accordance with subdivision (1) of subsection (a) of section 22a-378. As used in this section and section 22a-378, "public drinking water supply emergency" includes the contamination of water, the failure of a water supply system or the shortage of water.

Sec. 5. Section 22a-368 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Any person or municipality maintaining a diversion prior to or on July 1, 1982, shall register on or before July 1, 1983, with the commissioner on a form prescribed by him the location, capacity, frequency and rate of withdrawals or discharges of said diversion and a description of the water use and water system. Any such diversion which is not so registered may be subject to the permit requirements of sections 22a-365 to 22a-378, inclusive.

(b) Notwithstanding any other provision of the general statutes or any special act to the contrary, no person or municipality shall, after July 1, 1982, commence to divert water from the waters of the state without first obtaining a permit for such diversion from the commissioner.

(c) No permit shall be transferred to another person or municipality without the written approval of the commissioner.

(d) Notwithstanding any other provision of the general statutes or any special act to the contrary, no person or municipality shall, after June 1, 2017, commence to divert more than five hundred thousand gallons of water per day from the waters of the state for the sale or bottling of water, including any water previously registered as a diversion pursuant to this section, without first obtaining a permit for such diversion from the commissioner."

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

Section 1

from passage

22a-352(b)

Sec. 2

from passage

New section

Sec. 3

from passage

New section

Sec. 4

from passage

25-32b

Sec. 5

from passage

22a-368