§ 22a-352 — (Formerly Sec. 25-5b). State water plan. Requirements. Submission to General Assembly. Public review. Approval. Annual report.

Connecticut § 22a-352

• Jurisdiction: Connecticut
• Title 22a: Environmental Protection
• Ch. 446i: Water Resources. Invasive Plants

Text

(a) Not later than July 1, 2017, the Water Planning Council, established pursuant to section 25-33o, shall, within available appropriations, prepare a state water plan for the management of the water resources of the state. In developing such state water plan, the Water Planning Council shall: (1) Design a unified planning program and budget; (2) consider regional water and sewer facilities plans; (3) identify the appropriate regions of the state for comprehensive water planning; (4) identify the data needs and develop a consistent format for submitting data to the council, applicable state agencies and regional councils of governments for use in planning and permitting; (5) consider the potential impact of climate change on the availability and abundance of water resources and the importance of climate resiliency; (6) seek involvement of interested parties; (7) solicit input from the advisory group established pursuant to section 25-33o; (8) consider individual water supply plans, water quality standards, stream flow classifications, as described in regulations adopted pursuant to section 26-141b, water utility coordinating committee plans, the state plan of conservation and development, as described in part I of chapter 297, and any other planning documents deemed necessary by the council; (9) promote the adoption of municipal ordinances based on the State of Connecticut Model Water Use Restriction Ordinance for municipal water emergencies; and (10) examine appropriate mechanisms for resolving conflicts related to the implementation of the state water plan. (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) develop and recommend strategies to address climate resiliency including the impact of extreme weather events; and (17) identify modifications to laws and regulations that are necessary in order to implement the recommendations of the state water plan. (c) The Water Planning Council shall provide a time period of not less than one hundred twenty days for public review and comment prior to finalizing such plan. The Commissioners of Public Health and Energy and Environmental Protection, the chairperson of the Public Utilities Regulatory Authority and the Secretary of the Office of Policy and Management shall post such draft plan and information concerning such comment period in a conspicuous location on their respective web sites. The Council on Environmental Quality shall post such draft plan and information concerning such comment period in the Environmental Monitor. The Water Planning Council shall advertise and hold not less than one public hearing during such public review and comment period. After such public comment period, the council shall fully consider all written and oral comments concerning the proposed state water plan. The council shall make available the electronic text of the finalized state water plan on an Internet web site where the finalized state water plan shall be posted and a report summarizing: (1) All public comments received pursuant to this subsection, and (2) the changes made to the finalized state water plan in response to such comments and the reasons for such changes. (d) Not later than January 1, 2018, the Water Planning Council, in accordance with section 11-4a , shall submit the state water plan 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. The council shall submit such report to the Governor electronically. Said joint standing committees may conduct a joint public hearing on the state water plan and (1) submit the plan with said joint standing committees' joint recommendation for approval to the General Assembly, or (2) return the plan to the Water Planning Council indicating their disapproval and any recommendations for revisions to the plan by said council. (e) The state water plan shall become effective when adopted by an affirmative vote of the General Assembly as the state water plan for the state. (f) In the event that said joint standing committees do not recommend approval of the plan or the General Assembly does not adopt the plan by affirmative vote, the plan shall be returned to the Water Planning Council for revisions and resubmittal to the General Assembly in accordance with the provisions of subsection (d) of this section. (g) The Water Planning Council may submit the state water plan or a revised state water plan in a subsequent session of the General Assembly for approval in accordance with the provisions of this section. (h) If the state water plan is not adopted by an affirmative vote of the General Assembly on or before twenty-four months after the date of its original submittal pursuant to subsection (d) of this section, then it shall be forwarded to the Governor for adoption or rejection. (i) The Water Planning Council shall oversee the implementation and periodic updates of the state water plan. On or before January 1, 2016, and annually thereafter, the Water Planning Council shall submit a report, in accordance with section 11-4a , 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 on the status of the development and implementation of the state water plan and any updates to such plan. On and after January 1, 2016, the report required by this subsection shall supplant the requirement for an annual report as required pursuant to section 25-33o .

Legislative History

(1967, P.A. 477, S. 1–3; 1969, P.A. 628, S. 12; 1971, P.A. 872, S. 54; P.A. 73-555, S. 1, 10; 73-679, S. 39, 40, 43; P.A. 75-537, S. 52, 55; P.A. 77-614, S. 19, 323, 610; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 11-80, S. 1; P.A. 13-247, S. 312; P.A. 14-163, S. 1; P.A. 16-137, S. 1; P.A. 22-23, S. 11.) History: 1969 act replaced Connecticut development commission with office of state planning in Subsec. (a), deleted reference to Connecticut interregional planning program in Subdiv. (1) and replaced the constituent agencies of that program with water resources commission, commissioner of health, state board of fisheries and game and director of the office of state planning in Subsec. (c), deleting obsolete provision requiring submission of progress report in lieu of plan if plan is not completed and approved by January 15, 1969; 1971 act replaced water resources commission with commissioner and department of environmental protection and deleted references to board of fisheries and game in Subsecs. (a) and (c); P.A. 73-555 clarified that planning process should be continuing and that plan should be updated periodically; P.A. 73-679 replaced office of state planning with planning and budgeting division, department of finance and control and the director of that office with a division managing director; P.A. 75-537 replaced planning and budgeting division, department of finance and control and its managing director with commissioner and department of planning and energy policy; P.A. 77-614 replaced commissioner and department of planning and energy policy with office of policy and management and its secretary and, effective January 1, 1979, replaced commissioner and department of health with commissioner and department of health services; Sec. 25-5b transferred to Sec. 22a-352 in 1983; P.A. 93-381 replaced department and commissioner of health services with department and commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” and “Department of Environmental Protection” were changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” and “Department of Energy and Environmental Protection”, respectively, effective July 1, 2011; pursuant to P.A. 13-247, “regional planning agencies” was changed editorially by the Revisors to “regional councils of governments” in Subsec. (a), effective January 1, 2015; P.A. 14-163 substantially amended Subsec. (a) by replacing provisions re state-wide long range plan for the management of water resources with provisions re Water Planning Council to prepare state water plan not later than July 1, 2017, substantially amended Subsec. (b) by adding provisions re requirements of state water plan, deleted former Subsec. (c) re submission of planning document to General Assembly, added new Subsec. (c) re public review and comment period, posting of plan on agency web sites, and public hearing, added Subsec. (d) re submission of plan to committees of General Assembly, added Subsec. (e) re joint public hearing on plan, submission of joint recommendation on plan to General Assembly and adoption of plan, added Subsec. (f) re disapproval of plan by General Assembly, added Subsec. (g) re periodic updates of plan and annual report to committees of General Assembly on plan implementation and updates, and made technical and conforming changes, effective July 1, 2014; P.A. 16-137 amended Subsec. (d) by deleting “for said committees' approval, revision or disapproval, in whole or in part”, repositioned existing provisions re joint public hearing and submission of plan from Subsec. (e) to Subsec. (d) and amended same by replacing “shall” with “may” re conducting joint public hearing, designating provision re submission of plan as Subdiv. (1) and deleting “, modification or disapproval” therefrom, and adding Subdiv. (2) re return of plan to council, amended Subsec. (e) by deleting provision re not later than 45 days after convening of 2018 regular session, replacing “adopted by the General Assembly” with “adopted by an affirmative vote of the General Assembly” and deleting provision re failure to act on plan on or before July 1, 2018, amended Subsec. (f) by replacing provision re when plan deemed rejected with provision re when committees do not recommend approval of plan or General Assembly does not adopt plan by affirmative vote and replacing provisions re resubmittal to committees of cognizance with provision re resubmittal to General Assembly in accordance with Subsec. (d), added new Subsec. (g) re submittal of plan or revised plan in a subsequent session of the General Assembly, added Subsec. (f) re forwarding of plan to the Governor, redesignated existing Subsec. (g) as Subsec. (i), and made conforming changes; P.A. 22-23 made a technical change in Subsec. (a). Cited. 215 C. 616.