Dear Legislators: Please don’t let HB 6400 weaken our water standards.

CEQ Data on Beach Closings, Sewage in Rivers, Scarcity of Lobsters, and Diminishing Numbers of Fish Species, Points Out Need to Strengthen Protections, Not Weaken Them

This week CTLCV issued the following alert to legislators on HB 6400:

Dear Legislator:   

HB 6400, AAC LICENSURE OF STORMWATER PROFESSIONALS, creates a category of storm water professionals who will have nearly absolute authority to certify that a storm water management plan meets state and local standards.  The bill also restricts the state's ability to consider impacts on species and habitat under a storm water permit, unless the state has invested more than $1 million in the project.  In other words, the vast majority of projects would not have to comply with current wildlife law.

CTLCV urges legislators to reject the provisions in the bill that override local land use commissions.  Such provisions eliminate the role of municipal officials in storm water management, weaken protections for natural resources, and undermine the credibility of applicants themselves.

CTLCV urges legislators to reject the bill's attempt to interfere with protection of endangered species under the guise of streamlining storm water permitting. 

CTLCV is following discussions on the provisions of the bill relating to the state general permit for storm water.  We support efficient permitting.   DEP and others are considering ideas for changes that could speed the permit process and include verification of performance.

Connecticut's rivers and the Long Island Sound show the need for significant improvement in the way that we manage storm water and other water pollution problems.  According to the Council for Environmental Quality Annual Report released on April 21st, Connecticut is losing ground in several important areas of environmental protection:

• Beach closings (usually because of pollution washed into the water by heavy rains);
• Sewage-free rivers (about 80 miles of rivers receive overflows of raw sewage during storms; only 11% of rivers and streams are clean enough for swimming and other water sports);
• Lobsters (still scarce in LI Sound); and
• LI Sound fish species (only about half those species are increasing).

Please consider the future of CT's water resources and do not allow any weakening of our current protection standards.  Thank you.

StreetFilms.org: Cars were then, this is now.

Tom Swarr, Chair of the CTLCV Education Fund, passes along this very cool link to StreetFilms.org, a site that documents livable streets worldwide in short films that show how smart transportation design and policy can result in better places to live, work and play. Their nearly 350 videos have been viewed over 3.5 million times and have inspired action and behavioral change worldwide.

Street Films produced Moving Beyond the Automobile,  “a ten part video series that explores solutions to the problem of automobile dependency.  It's a visual handbook that will help guide policy makers, advocacy organizations, teachers, students, and others into a world that values pedestrian plazas over parking lots and train tracks over highways.  Cars were then, and this is now.  Welcome to the future.”

Still wondering about the bus rapid transit project coming to Hartford & New Britain? Check out this 3-minute video:

Moving Beyond the Automobile: Bus Rapid Transit from Streetfilms on Vimeo.

New Report Names CT “Complete Streets” Law Among Best in Nation

After months of research and evaluation, the National Complete Streets Coalition has named Connecticut’s Complete Streets law, enacted in 2010, as one of the best in the country.

Championed by former Representative Tom Kehoe, the complete streets law is an important component of smart growth policy, making roads safe and usable for transportation alternatives to the car.  Safe, usable streets make for more livable cities and towns.

The complete streets report, which includes the coalition’s ten elements of an ideal complete streets policy,  is available at http://www.completestreets.org/webdocs/resources/cs-policyanalysis.pdf.

Emissions Charges and Necessity as Mother of Invention

In a New York Times op-ed article published today, Connecticut’s Commissioner of Environmental Protection, Dan Esty, and world renown economic competitiveness authority Michael Porter, explain how greenhouse gas emissions charges would unleash entrepreneurial spirit and innovation across a broad range of enterprises - from multinational businesses to back-of-the-garage inventors.

The authors make a case that innovation in energy productivity and renewable energy would help stimulate global growth and free up resources to meet other pressing needs.

The authors write that the best way to drive energy innovation would be a modest emissions charge of $5 per ton of greenhouse gases beginning in 2012, rising to $100 per ton by 2032. The low initial charge, starting next year, would make the short-term burden on consumers and businesses almost negligible.

If necessity is the mother of invention, then emissions charges may be just the kick in the pants that modern society needs to change our fossil fuel ways.

CONNECTIONS: Linking Transportation and the Environment in Connecticut

 – by Kirsten Griebel (kirsten.griebel@ctlcv.org)

CTLCV is rolling out a new e-letter called CONNECTIONS: Linking Transportation and the Environment in Connecticut, to provide brief updates on transportation news, issues, policies and legislation that impact your quality of life here in Connecticut.   We welcome your feedback and news tips and hope you find it interesting and informative.

At the LOB

• Bill 720, Vulnerable Users Bill passed favorably in a 41 to 4 vote in the Judiciary Committee last week and we have high hopes that this is the year for the bill to finally become law.  CTLCV supports this bill as a smart growth bill that makes our roads safer and encourages non-motorized transportation by imposing penalties on drivers that “fail to use due care”.
  
  A special thanks to Senator Beth Bye who championed this bill, even donning her bike helmet during the Judiciary meeting to reinforce her support.  Thanks also to Judiciary Chairs, Senator Coleman and Rep. Fox for amending the agenda on the final day to place the bill first on the agenda, allowing it to come for a vote before the clock ran out.  Kudos to Bike Walk CT and Tri-State Transportation Campaign for tirelessly working this bill!
  
  Relevant Facts:
        -     A ‘Vulnerable User’ is a pedestrian, highway worker, person riding or driving an animal, riding a bike, using a wheelchair, skateboard, skates, or riding a farm tractor
        -     ConnDOT 2010 pedestrian accident reports highest number of ped. accidents were in the cities Bridgeport (128)  Hartford (127) Waterbury (105) Stamford (81) New Haven (75).
  
  This bill does not automatically assume the driver is at fault and does not remove responsibility from the vulnerable user.  State law already has provisions that subject bicyclists and pedestrians to safe use of roads. 
  
• Bill 6200, Tolls to build new highways or highway extensions was amended to add “for the purpose of new expansion of Route 11 from Salem to I-95” and approved in the Finance committee this week in a 37 to 15 vote primarily on party lines with the D’s unanimously in favor of it.  There is a need for new sources of revenue dedicated to transportation infrastructure repair and mass transit projects and tolls need to be considered. Projects that involve building new roads or bridges need to be carefully evaluated through a smart growth prism to assess the net environmental benefit.  Both sides of the ‘completing Route 11’ environmental debate need to be heard and CTLCV will work to get that information to you over the next few weeks.

Around the State

• Office of Fiscal Analysis projects the CT Special Transportation Fund will have a cumulative deficit of $35.1 million by FY 14.  Yikes!

Around the Nation

• Transportation for America (www.t4america.org)  reports that there is reason for alarm among transportation advocates as the House approved FY12 GOP budget calls for cuts of $633 billion for transportation over the next ten years.  Read the article “Path to Prosperity or Road to Ruin? Either Way, the House Says Yes” on Streets Blog Capitol Hill here.
• In CT those cuts could be bad news for the New Haven-Hartford-Springfield rail line project which is waiting for an additional $227 million in federal funding.  The federal New Starts funding for the New Britain-Hartford Bus Rapid Transit project however looks to be intact and especially promising as this project is considered shovel-ready for late spring or early summer this year. The busway is a win for the environment with an expected daily ridership of 16,000 people and decreasing road congestion and a win for the economy with an expected creation of 12,000 construction related jobs.

Guaranteeing Clean Water Is Easy, Cheap

Margaret Miner, CTLCV Director and Executive Director of Rivers Alliance of Connecticut, writes in Sunday’s Hartford Courant that buffers of natural vegetation (trees, shrubs and grasses) at the right scale are simple, cheap solutions for protecting streams and aquifers from floods of unclean water.

But opponents of a bill to protect river buffers protest that the state's economy depends on people being allowed to build and clear-cut right to water's edge.

Read Miner’s Letter to the Editor here.

Transportation Advocates Rebut NH Register’s Editorial on Busway

CTLCV and sustainable transportation advocates from the Tri-State Transportation Campaign, Connecticut Fund for the Environment,  the Regional Plan Association, and the Capitol Region Council of Governments issued this rebuttal to the New Haven Register’s editorial on the Hartford – New Haven Busway:

LETTER: Studies show busway is most effective plan

The Register’s editorial on Gov. Dannel P. Malloy’s decision to support the Hartford-New Britain busway goes off the tracks.

Contrary to the assertions in the editorial, studies have shown it would be the most effective transit mode for the corridor; be complementary to the evolving statewide rail network; have greater levels of ridership and service than a rail line along the corridor; and generate both short- and long-term benefits for central Connecticut.

In fact, even without shovels in the ground, nearly $85 million in private transit-oriented development has lined up to provide the housing and downtown development that will keep young people in the state and foster a more business friendly environment.

Malloy should be applauded for supporting this project, laying the groundwork for a more sustainable economy, a more healthful environment and more livable communities while exploring the best way to connect Waterbury, Bristol, New York City and Hartford.

Editor’s note: This letter was signed by Ryan Lynch, senior planner, Tri-State Transportation Campaign; Lori Brown, executive director, Connecticut League of Conservation Voters; Karen Burnaska, Connecticut Fund for the Environment; David Kooris, vice president, Regional Plan Association; and Lyle Wray, Capitol Region Council of Governments.

Malloy's search for DOT commissioner still on - Connecticut Post

We've been wondering too... the Connecticut Post's Martin Cassidy covers the still vacant commissioner position at DOT:

"STAMFORD -- With input from around the country, Gov. Dannel P. Malloy is still searching for a good fit for state transportation commissioner, one of his most important administrative appointments.

The governor, who announced in December he would conduct a national search to fill the job, is working with political contacts nationwide to find the best candidate for a job considered crucial to the state's economy, spokeswoman Colleen Flanagan said."

Read the rest of the article here.  

Legislation Run Down as of Earth Day

– By Margaret Miner, CTLCV Director and Executive Director of Rivers Alliance

The news on Earth Day could be better.  Here’s a rundown of recent developments on some of the bills we’ve been watching.

Buffer Bill Buried: On Thursday, April 21, at 10 a.m., the clock ran out
on Bill 832. Despite generous help from so many of you, advocates did not
have the votes to guarantee passage in the Planning and Development
Committee. P&D Chairman Steve Cassano had told Connecticut Fund for the
Environment and Rivers Alliance that the 10 a.m. deadline was the latest he
could wait to schedule one final meeting to vote on the bill.

The bill would have taken a modest step forward in protecting vegetation
alongside streams and rivers. Such buffers capture and clean water,
thereby reducing flooding, improving water quality, and providing a base
flow in dry seasons (as water seeps from the aquifer to the river bed to the
surface). The bill is zealously opposed by the Home Builders Association,
which seeks to maximize area for building, paving, and lawn creation. The
bill, which has been raised in various forms by the Environment Committee
each year since 2007, never gets past the Planning & Development Committee.

This year, the bill started in better shape and actually faced less
opposition than in the past. Legislators are starting to see that flooding
is getting worse, and buffers provide low-cost protection. We will continue
to press that argument, which is based in science and economics. With help
from people all around the state, we will prevail, possibly later this
session but (alas) more likely next year.

Council on Environmental Quality: CEQ has issued its annual report on the
state of the state's environment. It is posted on the CEQ website.
http://www.ct.gov/ceq The news is mixed. We are slowing the rate of
wetlands loss, but contamination from storm water and sewage is getting
worse in some respects. Meanwhile, Gov. Malloy still seems set on
deep-sixing CEQ somewhere dark in DEEP. If anyone here knows the gov,
please give him a call about this.

DEP Has Issued the 2011 Water Quality Report for Congress. This report is
required by the Clean Water Act, Sections 305(b) and 303(d), the latter
listing impaired waters. The link is long, but Google or otherwise search:
CT DEP Water Quality 2011. You will get right there. If you want to check
the status of a river you know, one easy way is to put the river name in the
Find box. Keep going. The report delivers the information in different
sections. Also, an informational meeting has been scheduled for May 5, 2010
at 1:30 pm in the Phoenix Auditorium at CT DEP Offices in Hartford. It is
very important to give to DEP any corrections or requests relating to the
report. Call Rivers Alliance if you have questions. 860-361-9349.

Bad Bill of the Week Award goes to 6400, AAC Licensure of Storm water
Professionals. This is another "streamlining" proposal from the Commerce
Committee, which is heavily into aerodynamics. The following section of the
bill streamlines the elimination of wildlife:

Sec. 2. (NEW) (Effective from passage) The Commissioner of Environmental
Protection may review any impact to species listed under chapter 495 of the
general statutes, or such species' habitat, for any storm water permit
application made under section 22a-430 or 22a-430b of the general statutes
or any certification provided by the commissioner under Section 401 of the
federal Clean Water Act by a private applicant or for a private activity,
only if such private applicant's proposed activity is receiving state funds
in excess of one million dollars.

Streamflow Negotiations Moving Forward: The DEP has been working hard to
keep parties at the table to come up with a mutually acceptable regulation
for protection of water flows in rivers and streams. Agreement, if reached,
will address flow impairment by dams. Flow impairment by pumping most
likely will not be addressed this legislative session; this was at the
insistence of the Regulations Review Committee. Many of you helped to
sidetrack Bill 1020 from the Commerce Committee, which would have derailed
negotiations. (Note the consistent metaphor!). We need to keep an eye on
1020, but, if it goes anywhere, it should go to the Environment Committee,
where we trust it will NOT survive.

Recreational Liability Bill (6557) In Great Shape. Just about everyone in
Connecticut has been advocating to extend to municipalities and regional
water utilities the same protection from law suits afforded the state and
private landowners when they allow the public to use open space without a
charge. This bill does not give absolute immunity from liability litigation,
but it should make it possible for the lands in question to stay open to the
public. Rep. David Baram championed Bill 6557 through the Judiciary
Committee. It is in the home stretch.

Pick Up the Phone (TODAY) for River Buffers Bill

Unless P&D Committee Hears from You Today, Bill Won’t Make It Out of Committee

On Monday we told you about two big bills on the Planning & Development Committee's April 18 agenda that needed your help:  SB1 and SB 832.

Thanks to everyone who called or emailed, SB 1, An Act Concerning Connecticut's Energy Future, was voted favorably out of committee by a vote of 12-7 with two members absent and not voting.  Good work!

But incredibly, SB 832,  An Act Concerning the Protection of Inland Wetlands and Watercourses, was tabled at Monday's Planning & Development Committee meeting with many House Democrats still on the fence.

Although we were very disappointed, the committee chairs said if we can show them we have enough votes, they will call another meeting to vote on the bill. This must happen TODAY, Wednesday April 20,  because Thursday is the deadline for a vote, or the bill dies. 

Time is short.  Please call the following legislators TODAY and ask them to vote SB 832 out of the committee by Thursday's deadline.

• Senator Cassano, Co-Chair 1-800-842-1420
• Representative Gentile, Co-Chair 1-800-842-8267
• Senator Fasano, Ranking Member 1-800-842-1421
• Representative Aman, Ranking Member 860-240-8700 and
• Members
  • Rep. Rojas, 009 (East Hartford, Glastonbury, Manchester) 1-800-842-8267
  • Rep. Flexer, 044 (Killingly, Plainfield, Sterling) 1-800-842-8267
  • Rep. Fritz, 090 (Cheshire, Wallingford) 1-800-842-1902
  • Rep. Reynolds, 042 (Ledyard, Preston, Montville) 1-800-842-8267.

Need some talking points?  Here you go:

Natural riverfront vegetation protects against pollution and flooding. It is well-documented that naturally vegetated corridors along watercourses perform many functions that maintain environmental health and our quality of life. These functions include protecting water quality by:

• enhancing natural filtration;
• decreasing the impact of non-point source pollution, including excess nitrogen;
• controlling flooding by slowing flows and decreasing the volume of runoff, which helpsreduce potential property damage associated with flooding; and
• providing valuable wildlife habitat and recreational opportunities.

Natural riverfront vegetation saves money. Retaining these corridors is cost-effective. Unlike traditional engineered solutions to stormwater, flood protection and filtering, there arevirtually no capital, operation, or maintenance costs associated with protecting natural vegetation.

Natural riverfont vegetation protects Long Island Sound, an economic asset for the entire state. Because Connecticut rivers ultimately flow into Long Island Sound, a vital economic resource for the state, targeting these areas for protection is critical.

Thanks to CFE for details in this message.

More Calls & Emails Needed: River Buffers

- By Margaret Miner, CTLCV Director and Executive Director of Rivers Alliance

SB 832, An Act Concerning the Protection of Certain Natural Vegetation Near Rivers, is coming to a vote in the Planning and Development Committee on this Monday, April 18. The bill will protect vegetation alongside rivers and streams. It needs your help to stay alive. This is the year we might succeed.

The meeting is at 3 p.m., so Monday morning would not be too late to call.

The goal of the advocates (Rivers Alliance, Connecticut Fund for the Environment, and others) is bring the bill out of committee so we can continue to work on it. The language at the moment is not ideal, but our aim is to strengthen protection for vegetation alongside streams and rivers. There are various ways this could be done, but one good approach would be to have a rebuttable presumption that natural vegetation within 100 feet of the river is protective of water quality. There is strong science for this presumption. So it is prudent to require anyone planning cutting along a river bank to prove that this will not degrade the adjacent water.

Similar buffer protection exists in Massachusetts, Pennsylvania, and elsewhere, but the effort has been strongly opposed in Connecticut by the Homebuilders Association. This year, the bill proposed by advocates includes language protecting property-owners rights to build. Our message is that we are not against building (especially in an energy-efficient manner). We just want to keep the high-impact activity away from the water. We believe that keeping water clean and healthy will be good for the state's economy, especially for property values.

The Planning and Development Committee will need persuading. They have killed more than one river buffer bill. The most important people to reach are the committee leaders.

• Sen. Steve Cassano, co-chair 800-846-1420 or cassano@senatedems.ct.gov. He represents Bolton, Manchester and Marlborough.
• Rep. Linda Gentile, co-chair 800-842-8267 or Linda.Gentile@cga.ct.gov. She represents Ansonia and
  Derby.
• Sen. Eric Coleman, vice chair (former chair) 800-846-1420 or coleman@senatedems.ct.gov. His district includes parts of Bloomfield, Hartford, and Windsor.
• Rep. Auden Grogins, vice chair 800-842-8267 or Auden.Grogins@cga.ct.gov. She represents Bridgeport (which given the flooding, should appreciate the role that buffers play in soaking up storm water).
• Sen. Len Fasano, ranking 800-842-1421 or Len.Fasano@cga.ct.gov. Thank him for helping to keep negotiations going. His district includes North Haven, East Haven, and Wallingford. He's important.
• Rep. Bill Aman, ranking 800-842-1423 or Bill.Aman@cga.ct.gov. He represents South Windsor, where the website reflects local pride in water resources, but he doesn’t have a history of being particularly supportive of protections.

The other members of the P&D Committee are listed below.   If you are a constituent, they will at least listen.

• Rep. Vincent Candelora: Vincent.Candelora@housegop.ct.gov
• Rep. Christopher Davis: christopher.davis@housegop.ct.gov
• Rep. Mae M. Flexer: Mae.Flexer@cga.ct.gov
• Rep. Mary G. Fritz: Mary.Fritz@cga.ct.gov
• Rep. Linda M. Gentile: Linda.Gentile@cga.ct.gov
• Rep. Noreen S. Kokoruda Noreen.Kokoruda@housegop.ct.gov
• Rep. Roland J. Lemar: roland.lemar@cga.ct.gov
• Rep. Elaine C. O'Brien: Elaine.OBrien@cga.ct.gov
• Rep. Jason Perillo: jason.perillo@housegop.ct.gov
• Rep. Lonnie Reed: Lonnie.Reed@cga.ct.gov
• Rep. Tom Reynolds Tom.Reynolds@cga.ct.gov
• Rep. Matthew Ritter: Matthew.Ritter@cga.ct.gov
• Rep. Jason Rojas: Jason.Rojas@cga.ct.gov
• Rep. Kim Rose: Kim.Rose@cga.ct.gov
• Rep. Bill Simanski bill.simanski@housegop.ct.gov
• Rep. Richard A. Smith: richard.smith@housegop.ct.gov

For questions or more information, please contact Margaret Miner, Rivers Alliance of Connecticut at 860-361-9349 or rivers@riversalliance.org.

Judiciary Committee Passes HB 6557 on Recreational Liability

We have great news!  Your phone calls, emails, and personal contacts with legislators have paid off!  On Friday, the Judiciary Committee voted in favor of H.B. 6557 on its consent calendar (reserved for bills with unanimous support). This is a SIGNIFICANT victory.

Please thank the bill’s champion, Representative David Baram of Bloomfield, whose insight, thoughtfulness and persistence was essential to get this bill out of the Judiciary Committee.  Judiciary Co-Chairs, Eric Coleman and Gerald Fox deserve our thanks too for their support and the leverage they wielded in forging a sound compromise.  Please take a moment to thank them with your own email message.  Their addresses are:  David.Baram@cga.ct.gov, coleman@senatedems.ct.gov, Gerald.Fox@cga.ct.gov.

As reported by the Connecticut Forest & Park Association (CFPA), if passed by the full House and Senate, the bill will:

1. Include municipalities (including municipal entities like the MDC, municipal water companies, etc.) as landowners under the Recreational Land Use Statute;
2. Give greater protection against frivolous personal injury lawsuits for municipal lands that available for free and used for recreational purposes (such as  paved and unpaved trails and open spaces).  Lawsuits like these have caused many municipalities over the past 15 years to either consider closing their lands to the public, or to halt efforts to open new areas for recreation;
3. Include cycling within the definition of recreational uses under the law; and
4. Exclude more intensively managed and maintained areas such as swimming pools, playing courts, playgrounds, and buildings with electrical power from special protection under the Recreational Land Use Statute. These areas would retain the same higher standards of care that they have under current state law.
   

Your Calls & Emails Needed for Energy Bill

SB 1, AAC Connecticut's Energy Future, Up for P&D Committee Vote

SB 1, AAC Connecticut's Energy Future, is on the Planning and Development Committee calendar this Monday, April 18, in a 3:00pm meeting. SB 1 includes:

• Formation of the joint Department of Energy and Environmental Protection (Sections 1-3 and 43)
• PACE financing authorization for municipalities (Section 17) and studies of other financing options (Section 15)
• Solar PV and thermal expansion and incentives (Sections 25-28)
• Efficiency standards for appliances and lectronics (Section 20)

The problematic reclassification of large hydro as a Class 1 Renewable has been removed.

It is vital that you call the members of the Planning & Development Committee to express your support.

Because this committee does not usually deal in energy policy, it is important that committee members here from you about how important these policies are for Connecticut, for energy security, for jobs creation, for our energy future.

Further, SB 1 will create a new environment and energy agency to manage a comprehensive energy policy for Connecticut, help stabilize the renewable energy and efficiency retrofit markets, enable a financing program for bringing efficiency retrofits of older housing stock up to scale, support our solar industry, and set higher standards for appliance efficiency.

Please take a moment to call or email the leadership of the committee:

• Sen. Steve Cassano, co-chair 800-846-1420 or cassano@senatedems.ct.gov
• Rep. Linda Gentile, co-chair 800-842-8267 or Linda.Gentile@cga.ct.gov
• Sen. Eric Coleman, vice chair 800-846-1420 or coleman@senatedems.ct.gov
• Rep. Auden Grogins, vice chair 800-842-8267 or Auden.Grogins@cga.ct.gov
• Sen. Len Fasano, ranking member 800-842-1421 or Len.Fasano@cga.ct.gov
• Rep. Bill Aman, ranking member 800-842-1423 or Bill.Aman@cga.ct.gov

Other members of the Planning & Development Committee include:

• Rep. Vincent Candelora: Vincent.Candelora@housegop.ct.gov
• Rep. Christopher Davis: christopher.davis@housegop.ct.gov
• Rep. Mae M. Flexer: Mae.Flexer@cga.ct.gov
• Rep. Mary G. Fritz: Mary.Fritz@cga.ct.gov
• Rep. Linda M. Gentile: Linda.Gentile@cga.ct.gov
• Rep. Noreen S. Kokoruda Noreen.Kokoruda@housegop.ct.gov
• Rep. Roland J. Lemar: roland.lemar@cga.ct.gov
• Rep. Elaine C. O'Brien: Elaine.OBrien@cga.ct.gov
• Rep. Jason Perillo: jason.perillo@housegop.ct.gov
• Rep. Lonnie Reed: Lonnie.Reed@cga.ct.gov
• Rep. Tom Reynolds Tom.Reynolds@cga.ct.gov
• Rep. Matthew Ritter: Matthew.Ritter@cga.ct.gov
• Rep. Jason Rojas: Jason.Rojas@cga.ct.gov
• Rep. Kim Rose: Kim.Rose@cga.ct.gov
• Rep. Bill Simanski bill.simanski@housegop.ct.gov
• Rep. Richard A. Smith: richard.smith@housegop.ct.gov

Rec Liability Correction Down to the Deadline

CTLCV has been keeping a close eye on HB 6557, which would fix the recreational liability anomaly that gives limited protection to the state and private landowners, but none to municipal entities. The bill must get voted out of Judiciary Committee today, else it dies. The Connecticut Mirror's Pazniokas sums it up:

Compromise may give MDC, towns liability protection | The Connecticut Mirror

Community Green Fund Proposal Revived by Environment Committee

– By David Bingham, MD, CTLCV Co-Chair

The Community Green Fund (see April 8, 2011 posting) has re-emerged with a new bill number, SB 866, after a supportive vote by the Environment Committee on April 8. 

Although kind words about the proposal were noted on both sides of the aisle during debate, the bill passed 13-10 without any Republican votes, in a vote dictated by party lines.  The bill now goes to the Finance Committee which must approve all bills concerned with municipal revenues before a floor vote can be considered.

Passage of SB 866 will enable local communities, if they so choose, to impose a conveyance fee of up to 1% on buyers of real estate in that community.  The income would be placed in a fund (a Community Conservation Fund" dedicated to local projects for conservation of land, air, water and energy.  Such projects, especially brownfield mitigation and storm sewer upgrades, will provide hundreds of green jobs while helping attain healthy and sustainable local economies.

Local income for conservation can also leverage grants that multiply the investment in the community, so that the buyers that pay into the fund acquire real estate that grows in value as the community becomes more healthy and sustainable..

Note there is no mandate on municipalities in this bill, and there is no effect on the state budget.  SB 866 simply makes available a tool for conservation funding that communities may wish to use in lieu of raising property taxes to pay for these urgently needed projects.  Also note that the first $150,000 of value of real estate purchases is exempt from the tax, to diminish the effect, if any, on buyers of low-cost housing.

Opponents of the bill have provided no alternative for paying for local conservation other than raising property taxes or increasing state grants, at a time when neither of these options are viable for most communities. 

Without SB 866, most conservation efforts will continue to be delayed or cancelled at a time when the public has shown overwhelming support for clean air and water, and for land and energy conservation. Supporters of SB 866 are asking their legislators to become co-sponsors of the Community Conservation Fund proposal, and are asking the Finance Committee leadership to raise the issue for a vote that can significantly improve the future health and and sustainability of municipalities throughout the state, while boosting green jobs in a down economy.

So Where Does This Leave CT High Speed Rail?

The CT Mirror's Washington reporter, Deirdre Shesgreen covers the eye-opening news of what the federal spending deal, reached by top congressional negotiators on Friday to avert a government shutdown, actually means.

Among other things,”it would slash high-speed rail funding… including a $2.9 billion cut in high-speed rail dollars” which Congressman Joe Courtney calls "counterproductive" for the economy in general and for Connecticut in particular.

“The high-speed rail provision includes a $400 million rescission from the $2.4 billion pot of money Florida's governor rejected earlier this year. Connecticut has applied for $227 million of that money for its proposed New Haven-to-Springfield line, but so have two dozen other states. They will all now be competing for part of a smaller pie, if this spending agreement is approved.”

The $40 million funding just wrapped up last week for double-tracking part of the New Haven – Springfield line is a separate award that appears to be unaffected by the federal spending agreement.

See Budget deal is a mixed bag for Connecticut, by Deirdre Shesgreen for the CT Mirror.

$40 Million in Fed Funding Released to Connecticut for High Speed Rail

Governor Dannel Malloy’s office today announced the release of $40 million in federal funding that was previously allocated to Connecticut for high speed rail – just before the federal government closes its doors.  Had the funds not been released by April 8, they would have been subject to "recapture" by the Federal Railroad Administration and Connecticut would have forfeited the money.

The money will be used to double-track ten miles of existing track between Newington and Meriden, which is necessary for the full New Haven-to-Springfield rail line to move forward.

Update:  According to Senator Blumenthal’s office and the CT Department of Transportation, it took almost a year and a half for Amtrak, the State of Connecticut, and the FRA to finalize an agreement about each party’s obligations under the grant.  FRA was never designed to be a grantmaking authority, but to its credit that organization transformed into one almost overnight as a result of the American Recovery and Reinvestment Act.

Clarification:  This award is unrelated to the high speed rail funding rejected by Florida, a share of which is now sought by Connecticut and 23 other states.

Resource:  For maps, more information and updates visit the new site at http://www.nhhsrail.com/

From the Governor’s Press Release:

GOV. MALLOY ANNOUNCES $40 MILLION FOR HIGH SPEED RAIL FUNDS RELEASED TO CONNECTICUT

(HARTFORD, CT) - Governor Dannel P. Malloy today announced that $40 million in previously allocated stimulus funding was released today to Connecticut. Governor Malloy spoke at length with U.S. Department of Transportation Secretary Ray LaHood about this when they met last month. While the funding for high speed rail was previously allocated, if not actually released to Connecticut by April 8, the state would have lost the money altogether.

"There was a very clear deadline by which we needed to have these funds released, and I wasn't about to let $40 million in money for our state go somewhere else," said Governor Malloy. "When I spoke with Secretary LaHood, I made our state's case clearly and asked for his help cutting through the red tape to make sure that we got this money released to Connecticut by the deadline. I'd like to thank Secretary LaHood for his help on this matter, and I look forward to working with him closely on high speed rail and other transportation issues of import to the state."

"High-speed rail will open up a new world of economic opportunities for Connecticut," said Secretary LaHood. "The Administration's initial $40 million investment in upgrading the New Haven-Hartford-Springfield rail line will create jobs now and help ensure that in years to come, Connecticut residents will have access to world class high-speed rail service and economic opportunities throughout New England."

The $40 million in previously allocated funds will be used to double-track ten miles of existing track between Newington and Meriden, which is necessary for the full New Haven-to-Springfield rail line to move forward.

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NOW: Community Green Fund Bill Needs Your Support

Our cities and towns have a long list of needs that have broad community support and the potential to return significant environmental, economic, public health and quality of life dividends. 

The problem is, there’s no funding for them. And fiscally speaking, Connecticut’s cities and towns are at the mercy of the State:  municipalities  may collect revenue only if the state says they may. 

Enter the Community Green Fund bill.

The Community Green Fund (SB 834) would give cities and towns the OPTION [emphasis deliberate to defuse detractors who continue to wrongly believe that the bill is a mandate] to create a funding mechanism for these badly needed projects.  SB 834 legislation has broad support across Connecticut's environmental community and from the Connecticut Conference for Municipalities for the leeway and local control it provides .

But the bill has to be revived in the Environment Committee  if it has any chance of being enacted. 

The window of opportunity for passing Community Green Fund legislation this year is closing fast. After a very successful public hearing on January 27th, the Environment Committee failed to approve SB 834 before their deadline. This legislation needs to come back to the Committee for consideration before it is too late.

The Environment Committee is scheduled to meet TODAY, Friday April 8th, at 10:00 AM. This meeting offers an opportunity for all of us to show strong support for the Community Green Fund.

Please take a moment to email the following members of the Environment Committee – RIGHT NOW –  and ask them to support the Community Green Fund that:

• Expands local options for funding conservation
• Respects local decision making - it is enabling legislation only
• Assesses a fee on purchasers NOT sellers
• Maintains affordability by exempting the first $150,000 of purchase value
• Provides matching funds required for state, federal and/or private grants
• Funds a broad range of critical conservation needs for urban, suburban and rural communities (list below)

Let’s get it done!  Copy and paste these addresses into your email program to send your short message of support for SB 834, The Community Green Fund Bill. 

Meyer@senatedems.ct.gov
Richard.Roy@cga.ct.gov
Paul.Davis@cga.ct.gov
Maynard@senatedems.ct.gov
Terry.Backer@cga.ct.gov
Jack.Hennessy@cga.ct.gov
Geoff.Luxenberg@cga.ct.gov
Robert.Megna@cga.ct.gov
Philip.Miller@cga.ct.gov
Mary.Mushinsky@cga.ct.gov
Kim.Rose@cga.ct.gov
Kevin.Ryan@cga.ct.gov
Diana.Urban@cga.ct.gov
Roberta.Willis@cga.ct.gov
Christopher.Wright@cga.ct.gov

Examples of the types of conservation projects eligible for funding through the Community Green Fund include:

• open space and farm land protection
• brownfield remediation, including planning costs
• water and/or air purification
• storm water infrastructure
• alternative energy production or energy efficiency measures
• mass transit and/or non-vehicular transportation infrastructure
• historic preservation

Broad Support for Getting Recreational Liability Right

Yesterday’s public hearing in the Judiciary Committee on HB 6557 showed broad-based support from outdoor enthusiasts, cite, towns, and water companies for getting Connecticut’s recreational liability house in order. 

The next step is for the Judiciary Committee to determine whether the bill should be taken up by the full General Assembly.  If it does, the committee votes to give the bill a “joint favorable” (JF) report.

HB 6557, AN ACT CONCERNING LIABILITY FOR THE RECREATIONAL USE OF LANDS, would ensure that municipalities, political subdivisions of the state and special districts are entitled to immunity under the Recreational Land Use Act, and clarify the definition of "land" and "recreational purpose" under the act.

The 1996 decision in Conway v. Wilton created the anomaly that left the state and private land owners with limited liability protection when they offer free access to their recreational lands and take reasonable precautions to keep those recreational areas safe, but took those protections away from municipalities, political subdivisions of the state and special districts.

Calls to clarify the recreational liability statutes began in earnest last May after the MDC was held liable to the tune of a $2.9 million verdict for competitive cyclist Maribeth Blonski’s unfortunate but avoidable collision with a large yellow gate at the West Hartford Reservoir that was closed for most of 30 years. The accident occurred while Blonski was out of control and racing a friend back to the parking lot at twilight. With exposure to liability of that magnitude, municipalities are forced to seriously consider closing public places to recreation.

Public testimony on HB 6557 is available here and below, from the following organizations and individuals:

Testimony on HB 6557
Amy Blaymore Paterson, Executive Director, Connecticut Land Conservation Council	Andrew May
Barbara Donahue	Bart Russell, Executive Director, Connecticut Council of Small Towns
Beth Bryan Critton	Brendan Mahoney
Charles Beristain	Christopher Zurcher, Editor and Publisher, Environmental Headlines
Connecticut Association of Conservation and Inland Wetlands Commissions, Inc.	Connecticut Conference of Municipalities
Connecticut Fund for the Environment	David Kozak
Edward J. Soper, Administrator, Manchester Water Department	Elizabeth Gara, Connecticuct Water Works Association
Eric Hammerling, Executive Director, Connecticut Forest & Park Association	Frank Chiaramonte, First Selectman, Town of Harwinton
Geoffrey L. Meissner, Director of the Connecticut Forest and Park Association	Georgette Yaindl, Executive Director, Bike Walk Connecticut
Insurance Association of Connecticut	Janet P. Brooks
Jean-Ellen M. Trapani	Karen Durlach, Chairperson, Thompson Trails Committee
Kathy Connolly	Margaret Miner, Executive Director, Rivers Alliance fo Connecticut
Martin Mador, Legislative Chair, Sierra Club-Connecticut Chapter	Mary A. Glassman, First Selectman, Town of Simsbury
Mary Ann Drayton-Rogers, First Selectman, Town of Oxford	New England Moutain Bike Association
R. Bruce Donald, President, Farmington Valley Trails Coalition, Inc.	Representative Bill Wadsworth
Representative Gail Lavielle	Rick Tillotson
Robert A. Izard	Sally Rieger
Sidney F. Van Zandt, Groton Open Space Association	Sierra Club, compilation of 6 residents testimony
Sierra Club, Connecticut Chapter, 123 residents testimony	Starr Sayres, Vice President of Connecticut Forest & Park Association
Susan Masino, Chair, Safe Routes to School Committee	Terri Peters
Tessa Bondi, Outreach Specialist, Recreational Equipment, Inc.	The City of Middletown Water Department
The Connecticut Bicycle and Pedestrian Advisory Board	The Metropolitan District
Tim Linehan	Tom Crider, President of Southbury Land Trust
Town of Westbrook, Conservation Commission	Will Manzer, CEO, Eastern Mountain Sports
Windham Region Council of Governments

Malloy Green Lights Bus Rapid Transit Line

Connecticut Governor Dannel Malloy got right to business after striding in to the press conference he called to announce his decision on the New Britain - Hartford busway.  The verdict: while he respects the opponents and their views, Malloy believes we should go forward on the bus rapid transit project.

Playing into part of his decision was the federal government's position that abandoning the busway project, already ten years in the making and in cooperation with the federal Department of Transportation, would not enhance Connecticut's position in future grantmaking rounds.

April 4, 2011 Press Conference

The Governor said that he does not believe the busway and revitalizing the rail line from Waterbury to Hartford  to be an either/or proposition, as some do.  As a result, Malloy will aggressively pursue the construction of the New Britain-Hartford Bus Rapid Transit project and a parallel initiative to study and plan for the Bristol/Waterbury commuter rail line.  That rail line would link to the Hartford-New Haven line in Berlin under Malloy’s proposal, increasing travel time by only three minutes from the original Waterbury/Bristol rail proposal. Malloy has directed a study of the Central Connecticut Rail Alternative to be included on the April Bond Commission Agenda for $1 million.

The Governor’s press release appears in full below.  Click here for a copy of Malloy’s letter announcing his decision to opposing parties, and a letter from FTA Administrator Peter Rogoff to Malloy.

Malloy to Announce Bus Rapid Transit Decision at Monday News Conference

From the Governor’s Press Office:

On Monday afternoon, Governor Dannel P. Malloy will hold a news conference to announce his decision regarding the proposed New Britain-to-Hartford Busway.  The Governor recently held a meeting at the Capitol with both advocates and opponents of the Busway to hear their thoughts on the topic.

WHEN: Monday, April 4, 2011; 1:20 p.m.
WHERE: Room 1A, Legislative Office Building; 300 Capitol Avenue, Hartford

Outdoor Enthusiasts: Time to Mobilize to Keep Parks & Trails Open

Judiciary Committee Public Hearing:  Monday, April 4th, 10 am, LOB Rm 2C

A top issue for outdoor enthusiasts is the Monday, April 4 Judiciary Committee hearing on HB 6557, An Act Concerning Liability for the Recreational Use of Lands.

HB 6557 would protect municipalities from liability when they offer free access to their recreational lands and take reasonable precautions to keep those recreational areas safe.  This is the same liability protection afforded to private landowners and the state, and the same protection that municipalities had for 25 years before a court case (Conway v. Wilton) took it away.

In the past, the Judiciary Committee is where attempts to restore this protection have been scuttled by personal injury attorneys, an organized, deep-pocketed and powerful opponent to this legislation.

Calls to clarify the recreational liability statutes began in earnest last May after the MDC was held liable to the tune of a $2.9 million verdict for competitive cyclist Maribeth Blonski’s unfortunate but avoidable collision with a large yellow gate at the West Hartford Reservoir that was closed for most of 30 years. The accident occurred while Blonski was out of control and purportedly racing a friend back to the parking lot at twilight. With exposure to liability of that magnitude, municipalities are forced to seriously consider closing public places to recreation.

This is no time to sit on the sidelines if you want municipal parks and trails to stay open for recreational use. Please attend this public hearing to show legislators how many people care about maintaining public access to recreation on municipal lands. Your presence is all the more critical because this is the last public hearing on this issue this year.

Mid Session Transit Update

– Karen Burnaska, Transit for Connecticut

The Legislature is in the middle of a very active session with many bills under consideration.  However, it is the budget deficit and the need to create jobs that are weighing the most heavily on all elected officials.  The Appropriations Committee and Finance Committee held hearings on the Governor’s proposed budget.  The Governor’s proposed budget supports transit, both operating funds and capital investment, during these difficult budgetary times.  The Governor should be thanked for his support.

Two bills that are being closely watched and supported by Transit for Connecticut Coalition members are SB 700 – to restore funding for the state matching grant program for demand responsive transportation and SB 1063 – to fund evening bus service in Waterbury.  SB 700 would ensure continuation of existing para-transit under the Municipal Matching Grant Program.  SB 1063 would provide increased service to enhance access to education, job training and employment opportunities.

On March 21, Governor Malloy held a meeting on the New Britain/Hartford busway.  Both opponents and supporters presented information to the Governor who is expected to make a decision by the end of the week on the future of the busway.

Transit for Connecticut and Connecticut Fund for the Environment have completed an update of the 2008 white paper on the economic benefits of transit in Connecticut.  The report, “Economic Importance of Investment in Public Transit,” was done by Wilbur Smith Associates and will be released shortly.

Please continue to contact your legislators about the need to provide necessary transit to residents of Connecticut.

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Karen Burnaska is Coordinator of  Transit for Connecticut, a program of the Connecticut Fund for the Environment.

CTLCV supports transportation options that are good for our health, good for our environment, and good for our economy.