SB 753 — AN ACT CONCERNING COMMERCIAL BOTTLED WATER OPERATIONS AND STATE STREAMFLOW REGULATIONS AND THE STATE WATER PLAN.

AN ACT CONCERNING THECOMMERCIAL VIABILITYBOTTLED OFWATER EXPANDINGOPERATIONS THEAND BOTTLEDSTATE WATERSTREAMFLOW INDUSTRYREGULATIONS INAND CONNECTICUT.THE STATE WATER PLAN.

General Assembly   RaisedSubstitute Bill No.

753 January Session, 2017   LCO*_____SB00753ENV___031317____* No.AN ACT CONCERNING COMMERCIAL BOTTLED WATER OPERATIONS AND STATE STREAMFLOW REGULATIONS AND THE STATE WATER PLAN.

3269   *03269_______ENV* Referred to Committee on ENVIRONMENT   Introduced by:

  (ENV)   AN ACT CONCERNING THE VIABILITY OF EXPANDING THE BOTTLED WATER INDUSTRY IN CONNECTICUT.

(EffectiveSection from26-141b passage) Not later than February 1, 2018, the Commissioner of Energy and Environmental Protection, in consultation with the Commissionergeneral ofstatutes Publicis Healthrepealed and the chairpersonfollowing ofis thesubstituted Public Utilities Regulatory Authority, shall submit a report, in accordancelieu withthereof the(Effective provisionsfrom ofpassage): section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to the environment on the viability of expanding the bottled water industry in Connecticut and any recommended legislation concerning such future expansion.

InThe undertakingCommissioner suchof report,Energy theand considerationsEnvironmental ofProtection theshall, commissioneron shallor include,before butDecember need31, not2006, beand limitedafter to,consultation theand futurecooperation adequacywith the Department of Public Health, the drinkingPublic waterUtilities supplyRegulatory forAuthority, residentsan ofadvisory thegroup state,convened by the effectCommissioner thatof presentEnergy and futureEnvironmental droughtProtection, conditionsand haveany orother mayagency, haveboard onor suchcommission viability,of the futurestate infrastructurewith needswhich ofsaid suchcommissioner industry,shall thedeem futureit jobadvisable creationto capacityconsult ofand suchafter industry,recognizing requirementsand providing for the prioritizationneeds and requirements of waterpublic usehealth, inflood timescontrol, ofindustry, public healthutilities, emergencieswater supply, public safety, agriculture and moderateother orlawful severeuses droughtof conditions,such thewaters futureand impactfurther torecognizing stateand providing for stream and municipalriver solidecology, wastethe streamsrequirements of anynatural suchaquatic expansionlife, natural wildlife and public recreation, and after considering the requisitenatural rateflow standardsof water into an impoundment or regulatorydiversion, requirementsand forbeing anyreasonably suchconsistent futuretherewith, bulkshall wateradopt purchasesregulations, byin suchaccordance industry.with the provisions of chapter 54, establishing flow regulations for all river and stream systems.

Such flow regulations shall:

(1) Apply to all river and stream systems within this state;

(2) preserve and protect the natural aquatic life, including anadromous fish, contained within such waters;

(3) preserve and protect the natural and stocked wildlife dependent upon the flow of such water;

(4) promote and protect the usage of such water for public recreation;

(5) be based, to the maximum extent practicable, on natural variation of flows and water levels while providing for the needs and requirements of public health, flood control, industry, public utilities, water supply, public safety, agriculture and other lawful uses of such waters;

and (6) be based on the best available science, including, but not limited to, natural aquatic habitat, biota, subregional basin boundaries, areas of stratified drift, stream gages and flow data, locations of registered, permitted, and proposed diversions and withdrawals, including, but not limited to, withdrawals for commercial bottled water operations and withdrawal data reported pursuant to section 22a-368a, locations where any dams or other structures impound or divert the waters of a river or stream and any release made therefrom, and any other data for developing such regulations or individual management plans.

Such flow regulations may provide special conditions or exemptions including, but not limited to, an extreme economic hardship or other circumstance, an agricultural diversion, a water quality certification related to a license issued by the Federal Energy Regulatory Commission or as necessary to allow a public water system, as defined in subsection (a) of section 25-33d, to comply with the obligations of such system as set forth in the regulations of Connecticut state agencies.

Any flow management plan contained in a resolution, agreement or stipulated judgment to which the state, acting through the Commissioner of Energy and Environmental Protection, is a party, or the management plan developed pursuant to section 3 of public act 00-152, is exempt from any such flow regulations.

Flow regulations that were adopted pursuant to this section and sections 26-141a and 26-141c prior to October 1, 2005, shall remain in effect until the Commissioner of Energy and Environmental Protection adopts new regulations pursuant to this section.

Sec.

2.

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, including, but not limited to, commercial bottled water operations;

(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.

Section 1 from passage New26-141b sectionSec. Statement of Purpose:

To2 requirefrom apassage report22a-352(b) byENV theJoint CommissionerFavorable ofSubst. Energy and Environmental Protection on the viability of expanding the bottled water industry in Connecticut.