Bill Text: CT HB05334 | 2012 | General Assembly | Comm Sub
Bill Title: An Act Concerning The Sale Or Abandonment Of Water Supply Sources And Associated Land.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2012-05-09 - Senate Calendar Number 524 [HB05334 Detail]
Download: Connecticut-2012-HB05334-Comm_Sub.html
General Assembly |
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February Session, 2012 |
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AN ACT CONCERNING THE SALE OR ABANDONMENT OF WATER SUPPLY SOURCES AND ASSOCIATED LAND.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 25-33k of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
(a) For purposes of this section [, "safe yield"] and section 25-33m, as amended by this act:
(1) "Available water" means the maximum amount of water that a public water system can dependably supply, taking into account: (A) Any limitations imposed by hydraulics, treatment, well pump capabilities, reductions of well yield due to clogging that can be corrected with redevelopment, transmission mains, permit conditions, source construction limitations, approval limitations or operational considerations; and (B) the safe yield of active sources and water supplied according to contract, provided the contract is not subject to cancellation or suspension and assures the availability of water throughout a period of drought and that the water supply is reliable;
(2) "Commissioner" means the Commissioner of Public Health;
(3) "Department" means the Department of Public Health;
(4) "Consumer" means any private dwelling, hotel, motel, boardinghouse, apartment, store, office building, institution, mechanical or manufacturing establishment or other place of business or industry to which water is supplied by a water company;
(5) "Future water supply source" means any water supply source or potential water supply source necessary to serve areas reasonably expected to require service not later than fifty years after the date of the application for a permit;
(6) "Potential water supply source" means a water supply source that is (A) included on the list prepared by the commissioner pursuant to section 25-33q and identified on such list as a potential water supply source; (B) identified in a water supply plan filed with, and approved by, the commissioner pursuant to section 25-32d; (C) identified in a coordinated water system plan filed with the commissioner pursuant to section 25-33h; or (D) identified in any other water supply or water system plan filed with, and approved by, the commissioner;
(7) "Safe yield" means the maximum dependable quantity of water per unit of time that may flow or be pumped continuously from a water supply source [of supply] during a critical dry period without consideration of available water limitations;
(8) "Public water system" means a system that supplies water to not less than fifteen consumers or not less than twenty-five persons for each day, not less than sixty days per year;
(9) "Water company" means any individual, partnership, association, corporation, municipality or other entity, or the lessee of such entity, which owns, controls or employs a system that supplies water to not less than fifteen consumers or not less than twenty-five persons for each day, not less than sixty days per year; and
(10) "Water supply source" means any spring, stream, watercourse, brook, river, lake, pond, well or underground waters from which water is taken.
(b) No [source of] water supply source that supplies water to a public water system or potential water supply source shall be abandoned, [by a water company or other entity] sold or otherwise alienated without a permit from the [Commissioner of Public Health] commissioner, except the commissioner may waive the requirement for a permit, if, upon review of an application for such permit, the commissioner determines that: (1) The ground water supply source is no longer viable due to physical damage, loss of safe yield or poor water quality; (2) the ground water supply source has been replaced with a newly-constructed ground water supply source, for which plans have been approved by the department pursuant to section 25-33; and (3) such newly-constructed ground water supply source has been constructed not more than two hundred fifty feet from the ground water supply source to be abandoned. A water company or other person or entity having control of a water supply source or potential water supply source shall apply for such permit in the form and manner prescribed by the commissioner.
(c) (1) Not later than [thirty] sixty days before filing an application for such permit, the applicant shall notify the commissioner of the applicant's intention to file such application. Not later than thirty days after the commissioner receives such notice, the commissioner shall notify the chief elected official of any municipality and any local health department or district [in which such source of supply is located] health department serving the municipality in which the water supply source or potential water supply source is located of the applicant's intention to file such application. Not later than sixty days after receipt of such notification from the commissioner, the municipality or municipalities and local health departments or [districts] district health departments receiving such notice [, and any water company as defined in section 25-32a,] may submit comments on such application to the commissioner. The commissioner shall take such comments into consideration when reviewing the application.
(2) After receipt of an application to abandon, sell or otherwise alienate a water supply source or potential water supply source, except an application approved in accordance with subdivision (2) of subsection (d) of this section, the commissioner shall identify any water company that may reasonably be expected to utilize the water supply source or potential water supply source that the applicant proposes to abandon, sell or otherwise alienate. The applicant shall provide written notice of the application, by certified mail, return receipt requested, to any water company identified by the commissioner pursuant to this subdivision. The commissioner shall determine the water companies that shall receive notice after consideration of: Public water supply plans filed with, and approved by, the commissioner pursuant to section 25-32d; coordinated water system plans filed with the commissioner pursuant to section 25-33h; other water supply or water system plans filed with, and approved by, the commissioner; and the efficient and effective development of the public water supply in the state. The applicant's notice shall include: (A) Identification of the water supply source or potential water supply source that the applicant proposes to abandon, sell or otherwise alienate; (B) if the applicant intends to sell such water supply source or potential water supply source, the price at which the applicant intends to sell such source; and (C) identification of any land connected with the source that the applicant proposes to sell, lease, assign, reclassify or otherwise dispose of in accordance with section 25-32, as amended by this act.
(3) A water company that receives notice under subdivision (2) of this subsection and desires to acquire the water supply source or potential water supply source, shall, not later than sixty days after receipt of such notice, advise the applicant and the commissioner, in writing, by certified mail, return receipt requested, of such desire. A water company that fails to provide notice of a desire to acquire the water supply source or potential water supply source as required under this section shall be deemed to have waived any right to acquire the water supply source or potential water supply source. When two or more water companies desire to acquire the water supply source or potential water supply source and the commissioner approves the application, in whole or in part, for the sale or abandonment of the water supply source or potential water supply source, the commissioner shall determine which water company shall have the right to acquire such water supply source or potential water supply source. In making the determination, the commissioner shall hold a hearing and consider any (A) public water supply plan filed with, and approved by, the commissioner pursuant to section 25-32d; (B) coordinated water system plan filed with the commissioner pursuant to section 25-33h; (C) other water supply or water system plans filed with, and approved by, the commissioner; (D) the needs of each water company; and (E) the efficient and effective development of the public water supply in the state. Not later than one year after the commissioner makes a determination in accordance with this subdivision, the water company awarded the right to acquire the water supply source or potential water supply source that is the subject of the application shall finalize such acquisition. A water company, whose rates are regulated by the Department of Energy and Environmental Protection, that acquires such water supply source or potential water supply source may include the acquisition price in its rate base.
[(c)] (d) (1) [In determining whether to] The commissioner shall not approve an application [,] to abandon, sell or otherwise alienate a water supply source or potential water supply source unless the commissioner [shall (A) consider the water supply needs of the water company, the state and any comments submitted pursuant to subsection (b) of this section, and (B) consult with the Commissioner of Energy and Environmental Protection, the Secretary of the Office of Policy and Management and the Public Utilities Regulatory Authority. The Commissioner of Public Health shall not be required to make a consultation pursuant to subparagraph (B) of this subdivision if the commissioner determines the source of water supply to be abandoned is a groundwater source with a safe yield of less than ten gallons per minute and is of poor water quality.] determines that such water supply source or potential water supply source would not (A) in the case of abandonment, (i) be necessary in an emergency, or (ii) be needed by any public water system as a water supply source or future water supply source, and (B) in the case of abandonment, sale or alienation impair the ability of the public water system to provide a pure, adequate and reliable water supply for present and future consumers.
(2) The commissioner may approve, with any conditions the commissioner deems necessary, an application for a permit to abandon a ground water supply source that the commissioner determines to have a safe yield of less than ten gallons per minute and is of poor water quality without considering any additional factors.
[(2)] (3) [The Commissioner of Public Health shall grant a permit upon a finding that any groundwater] The commissioner shall, in determining whether to approve an application for the sale, abandonment or other alienation of any ground water supply source or potential ground water supply source with a safe yield of less than 0.75 millions of gallons per day, any reservoir with a safe yield of less than 0.75 millions of gallons per day, any reservoir system with a safe yield of less than 0.75 millions of gallons per day, or any individual water supply source or potential water supply source within a reservoir system when such system has a safe yield of less than 0.75 millions of gallons per day, [will not be needed by such water company for present or future water supply and, in the case of a water company required to file a water supply plan under section 25-32d, that such abandonment is consistent with a water supply plan filed and approved pursuant to said section. No permit shall be granted if the commissioner determines that the source would be necessary for water supply by the company owning such source in an emergency or the proposed abandonment would impair the ability of such company to provide a pure, adequate and reliable water supply for present and projected future customers. As used in this section, a future source of water supply shall be considered to be any source of water supply necessary to serve areas reasonably expected to require service by the water company owning such source for a period of not more than fifty years after the date of the application for a permit under this section.] (A) consult with the Commissioner of Energy and Environmental Protection and the Secretary of the Office of Policy and Management; and (B) consider any (i) public water supply plan filed with, and approved by, the commissioner pursuant to section 25-32d; (ii) coordinated water system plan filed with the commissioner pursuant to section 25-33h; and (iii) other water supply or water system plan filed with, and approved by, the commissioner.
[(3)] (4) The Commissioner of Public Health shall, [grant a permit upon a finding that any groundwater source] in determining whether to approve an application for the sale, abandonment or other alienation of any ground water supply source or potential ground water supply source with a safe yield of more than 0.75 millions of gallons per day, any reservoir with a safe yield of more than 0.75 millions of gallons per day, any reservoir system with a safe yield of more than 0.75 millions of gallons per day, or any individual water supply source or potential water supply source within a reservoir system when such system has a safe yield of more than 0.75 millions of gallons per day and is of a size or condition that makes it unsuitable [for present or future use as a drinking water supply by the water company, other entity or the state. In making a decision, the commissioner shall consider the general utility of the source and the viability for use to meet water supply needs. The commissioner shall] as a water supply source or future water supply source by the applicant's public water system or another public water system, (A) consult with the Commissioner of Energy and Environmental Protection and the Secretary of the Office of Policy and Management; (B) consider any (i) public water supply [plans filed and approved pursuant to sections 25-32d and 25-33h,] plan filed with, and approved by, the commissioner pursuant to section 25-32d; (ii) coordinated water system plan filed with the commissioner pursuant to section 25-33h; and [any] (iii) other water system plan filed with, and approved by, the commissioner; [, and] (C) consider the efficient and effective development of the public water supply in the state; and (D) consider the general utility of any water supply source or potential water supply source and the viability of the use of any such water supply source or potential water supply source to meet water supply needs. In assessing the general utility of the water supply source or potential water supply source, the commissioner shall consider factors including, but not limited to, [(A) the safe yield of the source, (B)] (i) the safe yield of the water supply source or potential water supply source, (ii) the location of the water supply source or potential water supply source relative to other public water [supply] systems, [(C)] (iii) the water quality of the water supply source and the potential for treatment, [(D)] (iv) the water quality compatibility between public water systems and interconnections, [(E)] (v) the extent of water company-owned lands for source protection of the water supply source or potential water supply source, [(F)] (vi) the types of land uses and land use controls in the aquifer protection area or watershed and their potential impact on water quality of the water supply source or potential water supply source, and [(G)] (vii) any physical limitations to water service, system hydraulics and topography.
(e) (1) The commissioner shall not approve an application for a permit to abandon, sell or otherwise alienate a water supply source or potential water supply source unless (A) the land connected with such water supply source or potential water supply source will be sold, leased, assigned or otherwise disposed of in accordance with section 25-32 and, if sold, leased, assigned or otherwise disposed of, will be acquired by the same water company that purchases the water supply source or potential water supply source, except where the applicant is granted an exemption as provided in this subsection; and (B) in the case of a sale, any protective easement or other land protection connected with the water supply source will be effective after the sale.
(2) When the land connected with a water supply source or potential water supply source that is the subject of an application for a permit to abandon, sell or otherwise alienate a water supply source or potential water supply source is connected to another water supply source or potential water supply source, the commissioner shall determine whether the applicant shall be required to sell, lease, assign or otherwise dispose of such land or a portion of such land.
(3) A water company that has submitted an application to sell or otherwise alienate a water supply source or potential water supply source may apply for an exemption to the requirement in subdivision (1) of this subsection when such water company determines that some or all of the land connected with the water supply source or potential water supply source that is the subject of the application is necessary to the water company's continued operation. An application for an exemption from such requirement shall be submitted to the commissioner in the form and manner prescribed by the commissioner.
(4) A municipality that has submitted an application to sell or otherwise alienate a water supply source or potential water supply source may apply for an exemption to the requirement in subdivision (1) of this subsection when some or all of the land connected with the water supply source or potential water supply source is occupied by a municipal facility or used for municipal purposes, including, but not limited to, a park, beach or playing field. An application for an exemption from such requirement shall be submitted to the commissioner in the form and manner prescribed by the commissioner.
(f) The commissioner may establish conditions on the approval of any permit issued for the sale, abandonment or other alienation of a water supply source or potential water supply source.
(g) (1) A water company whose application for the sale, abandonment or other alienation of a water supply source or potential water supply source is denied, in whole or in part, may, not later than thirty days after receiving notice of such denial, request that the commissioner hold a hearing and review such decision. Such request shall be made in the form and manner prescribed by the commissioner. The commissioner shall, not later than forty-five days after conclusion of the hearing, issue a final written decision. The decision shall include any findings of fact and conclusions of law necessary to the commissioner's decision.
(2) Any water company or other person aggrieved by a final decision of the commissioner may appeal from such decision in accordance with the provisions of section 4-183. Such decision shall be stayed during the pendency of an appeal and the appealing water company or other person shall not take any action pursuant to the application or decision during the pendency of such appeal.
(h) The commissioner may adopt regulations in accordance with chapter 54 to implement the provisions of this section.
Sec. 2. Section 25-33m of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
Notwithstanding the provisions of section 16-50d, any water company given written notice [pursuant to subsection (b) of section 25-33l] of an application for the sale, abandonment or other alienation of a water supply source or potential water supply source that notifies the Commissioner of Public Health of a desire to acquire such water supply source or potential water supply source in accordance with section 25-33k, as amended by this act, shall have priority to acquire [a] such source [,] or potential source [or abandoned source of water] over any municipality in which such source or potential source is located or the Commissioner of Energy and Environmental Protection.
Sec. 3. Subsection (d) of section 25-32 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
(d) The commissioner may grant a permit for (1) the sale of class I or II land to another water company, to a state agency or to a municipality, (2) the sale of class II land or the sale or assignment of a conservation restriction or a public access easement on class I or class II land to a private, nonprofit land-holding conservation organization, or (3) the sale of class I land to a private nonprofit land-holding conservation organization if the water company is denied a permit to abandon a source not in current use or needed by the water company pursuant to [subsection (c) of] section 25-33k, as amended by this act, if the purchasing entity agrees to maintain the land subject to the provisions of this section, any regulations adopted pursuant to this section and the terms of any permit issued pursuant to this section. Such purchasing entity or assignee may not sell, lease or assign any such land or conservation restriction or public access easement or sell, lease, assign or change the use of such land without obtaining a permit pursuant to this section.
Sec. 4. Subsection (e) of section 22a-2d of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
(e) Wherever the words "Department of Public Utility Control" are used or referred to in the following sections of the general statutes, the words "Public Utilities Regulatory Authority" shall be substituted in lieu thereof: 1-84, 1-84b, 2-20a, 2-71p, 4-38c, 4a-57, 4a-74, 4d-2, 4d-80, 7-223, 7-233t, 7-233ii, 8-387, 12-81q, 12-94d, 12-264, 12-265, 12-408b, 12-412, 12-491, 13a-82, 13a-126a, 13b-10a, 13b-43, 13b-44, 13b-387a, 15-96, 16-1, 16-2, 16-2a, 16-6, 16-6a, 16-6b, 16-7, 16-8, 16-8b, 16-8c, 16-8d, 16-9, 16-9a, 16-10, 16-10a, 16-11, 16-12, 16-13, 16-14, 16-15, 16-16, 16-17, 16-18, 16-19, 16-19a, 16-19b, 16-19d, 16-19f, 16-19k, 16-19n, 16-19o, 16-19u, 16-19w, 16-19x, 16-19z, 16-19aa, 16-19bb, 16-19cc, 16-19dd, 16-19ee, 16-19ff, 16-19gg, 16-19jj, 16-19kk, 16-19mm, 16-19nn, 16-19oo, 16-19pp, 16-19qq, 16-19tt, 16-19uu, 16-19vv, 16-20, 16-21, 16-23, 16-24, 16-25, 16-25a, 16-26, 16-27, 16-28, 16-29, 16-32, 16-32a, 16-32b, 16-32c, 16-32e, 16-32f, 16-32g, 16-33, 16-35, 16-41, 16-42, 16-43, 16-43a, 16-43d, 16-44, 16-44a, 16-45, 16-46, 16-47, 16-47a, 16-48, 16-49e, 16-50c, 16-50d, 16-50f, 16-50k, 16-50aa, 16-216, 16-227, 16-231, 16-233, 16-234, 16-235, 16-238, 16-243, 16-243a, 16-243b, 16-243c, 16-243f, 16-243i, 16-243j, 16-243k, 16-243m, 16-243n, 16-243p, 16-243q, 16-243r, 16-243s, 16-243t, 16-243u, 16-243v, 16-243w, 16-244a, 16-244b, 16-244c, 16-244d, 16-244e, 16-244f, 16-244g, 16-244h, 16-244i, 16-244k, 16-244l, 16-245, 16-245a, 16-245b, 16-245c, 16-245e, 16-245g, 16-245l, 16-245p, 16-245q, 16-245s, 16-245t, 16-245u, 16-245v, 16-245w, 16-245x, 16-245aa, 16-246, 16-246e, 16-246g, 16-247c, 16-247j, 16-247l, 16-247m, 16-247o, 16-247p, 16-247t, 16-249, 16-250, 16-250a, 16-250b, 16-256b, 16-256c, 16-256h, 16-256k, 16-258a, 16-258b, 16-258c, 16-259, 16-261, 16-262a, 16-262c, 16-262d, 16-262i, 16-262j, 16-262k, 16-262l, 16-262m, 16-262n, 16-262o, 16-262q, 16-262r, 16-262s, 16-262v, 16-262w, 16-262x, 16-265, 16-269, 16-271, 16-272, 16-273, 16-274, 16-275, 16-276, 16-278, 16-280a, 16-280b, 16-280d, 16-280e, 16-280f, 16-280h, 16-281a, 16-331, 16-331c, 16-331e, 16-331f, 16-331g, 16-331h, 16-331i, 16-331j, 16-331k, 16-331n, 16-331o, 16-331p, 16-331q, 16-331r, 16-331t, 16-331u, 16-331v, 16-331y, 16-331z, 16-331aa, 16-331cc, 16-331dd, 16-331ff, 16-331gg, 16-332, 16-333, 16-333a, 16-333b, 16-333e, 16-333f, 16-333g, 16-333h, 16-333i, 16-333l, 16-333n, 16-333o, 16-333p, 16-347, 16-348, 16-356, 16-357, 16-358, 16-359, 16a-3b, 16a-3c, 16a-7b, 16a-7c, 16a-13b, 16a-37c, subsection (b) of section 16a-38n, 16a-38o, 16a-40b, 16a-40k, 16a-41, 16a-46, 16a-46b, 16a-46c, 16a-47a, 16a-47b, 16a-47c, 16a-47d, 16a-47e, 16a-48, 16a-49, 16a-103, 20-298, 20-309, 20-340, 20-340a, 20-341k, 20-341z, 20-357, 20-541, 22a-174l, 22a-256dd, 22a-266, 22a-358, 22a-475, 22a-478, 22a-479, 23-8b, 23-65, 25-33a, 25-33h, 25-33k, as amended by this act, [25-33l,] 25-33p, 25-37d, 25-37e, 26-141b, 28-1b, 28-24, 28-26, 28-27, 28-31, 29-282, 29-415, 32-80a, 32-222, 33-219, 33-221, 33-241, 33-951, 42-287, 43-44, 49-4c and 52-259a.
Sec. 5. Section 25-33l of the general statutes is repealed. (Effective October 1, 2012)
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2012 |
25-33k |
Sec. 2 |
October 1, 2012 |
25-33m |
Sec. 3 |
October 1, 2012 |
25-32(d) |
Sec. 4 |
October 1, 2012 |
22a-2d(e) |
Sec. 5 |
October 1, 2012 |
Repealer section |
Statement of Legislative Commissioners:
In section 1(a)(5) "a water supply source" was changed to "any water supply source" and "to serve an area" was changed to "to serve areas" for clarity and in section 1(e)(1) "25-32f" was changed to "25-32" for accuracy.
PH |
Joint Favorable Subst.-LCO |