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.

Who Needs Water?

Share |

For five years, business, environmental and state organizations have collaborated on regulations to protect water levels in our rivers and streams in a way that’s good for all of Connecticut, over the long run.  Now lobbyists who oppose any cohesive approach to managing our rivers have introduced a bill that would force the five-year streamflow regulation process to start all over. 

If you’ve ever thought that Connecticut just can’t get out of its own way to get anything worthwhile accomplished, this kind of self-serving, anti-collaborative behavior explains why that is too often the case.

Bill 1020, An Act Concerning Water Resources and Economic Development, was discussed in a public hearing of the legislature's Commerce Committee on February 25 (testimony here). In applying a simplistic, one-factor analysis (today’s costs), the Commerce Committee appears to be leaning toward keeping the bill alive by voting it out of committee.

Water companies, which profit by selling us water, want to keep reservoir levels up by preventing the release of water downstream.  Problem is, fish and other aquatic life don’t survive when streams dry out or run low, impacting the rivers they feed into – as well as the tourism and recreational sectors that rely on water. Add some drought to all the other residential and industrial demands for water, and of course rivers and streams take a hit.  If you want to talk economics, let’s be sure to consider the economic costs of failing to manage our waterways.

Water is a resource that’s pretty essential to life as we know it.  You can weigh in.  Take action today to protect Connecticut’s rivers and streams.

Call or email the Commerce Committee to say you want five years of science-based, multi-stakeholder collaboration on streamflow regulations to wrap up now, not start over.

Tell the Commerce Committee you want five years of science-based, multi-stakeholder collaboration on streamflow regulations to wrap up now, not start over:  Reject HB 1020 and let the streamflow regulation process continue to completion this session. 

 

Commerce Committee :  860-240-0380

Dist.	Title	First name	Last name	Capitol phone	Email
19	Rep.	Brian	Becker	860-240-8585	Brian.Becker@cga.ct.gov
73	Rep.	Jeffrey	Berger	860-240-8585	Jeffrey.Berger@cga.ct.gov
151	Rep.	Fred	Camillo	860-240-8700	Fred.Camillo@housegop.ct.gov
47	Rep.	Christopher	Coutu	860-240-8700	Christopher.Coutu@housegop.ct.gov
17	Sen.	Joseph	Crisco	860-240-0189	http://www.senatedems.ct.gov/Crisco-mailform.html
71	Rep.	Anthony	D'Amelio	860-240-8700	Anthony.DAmelio@housegop.ct.gov
36	Sen.	L. Scott	Frantz	860-240-8800	Scott.Frantz@cga.ct.gov
104	Rep.	Linda	Gentile	860-240-0553	Linda.Gentile@cga.ct.gov
54	Rep.	Gregory	Haddad	860-240-8585	Gregory.Haddad@cga.ct.gov
37	Rep.	Ed	Jutila	860-240-8585	Ed.Jutila@cga.ct.gov
21	Sen.	Kevin	Kelly	860-240-8800	Kevin.Kelly@cga.ct.gov
3	Sen.	Gary	LeBeau	860-240-0511	http://www.senatedems.ct.gov/LeBeau-mailform.html
74	Rep.	Selim	Noujaim	860-240-8700	Selim.Noujaim@housegop.ct.gov
61	Rep.	Elaine	O'Brien	860-240-8585	Elaine.OBrien@cga.ct.gov
137	Rep.	Chris	Perone	860-240-8585	Chris.Perone@cga.ct.gov
130	Rep.	Ezequiel	Santiago	860-240-0544	Ezequiel.Santiago@cga.ct.gov
68	Rep.	Sean	Williams	860-240-8700	Sean.Williams@housegop.ct.gov
81	Rep.	Bruce	Zalaski	860-240-8585	Zeke.Zalaski@cga.ct.gov

CTLCV Urges Regulations Review Committee to Pass Streamflow Regulations

CTLCV issued an alert to members of the legislative Regulation Review Committee urging them to pass the streamflow standards and regulations that are scheduled for a vote on Tuesday, December 21.  A close vote is anticipated, so  calls to legislators are timely. 

The Streamflow Problem
At least 60 rivers and streams in Connecticut are impaired or threatened by low flows.  (Whitford Brook, Ledyard, pictured at right.)

Recent fights over river flows have led to multi-town litigation (Shepaug River, Waterbury), proposed legislative action (Mill River, New Haven), and multi-agency enforcement actions (Fenton River, Storrs).  All parties agree that such ad hoc solutions in litigious conflicts are not the best way to manage our water resources.

Past Efforts Not Effective
More than 30 years ago, Connecticut attempted to protect rivers with a flow standard for stocked streams.  But it was negotiated down to such a meager quantity (less than third the U.S. Fish and Wildlife standard) that it was rarely enforced and not protective. 

Proposed Regulations a Step Forward
The proposed regulations are forward-looking, ensuring that Connecticut in the future will have healthy rivers and ample, high-quality water supply. This is essential for our quality of life and economic wellbeing.  They apply to all Connecticut streams (not just those stocked by the DEP).

The proposed regulations are science-based, calling for releases that reflect natural flow patterns. They provide for public participation in setting classifications and standards for streams.

These proposed regulations were developed in accordance with Public Act 05-142. The Department of Environmental Protection has worked with a wide range of stakeholders for almost five years to create a process and standards for protecting stream flows across the state, as mandated in the Act.

The regulations have been modified to accommodate the concerns expressed in the LCO report of October 26, 2010. Equally important, the DEP has responded prudently and practically to the concerns of the regulated community. Taking a step-by-step approach, the proposed regulations apply only to dams on water-supply reservoirs and do not address gravity pipes, wells, siphons or other structures that divert water from streams. The regulations include numerous exemptions and opportunities for individual variations, with special consideration for golf courses, farms, and water companies that have a narrow margin of safety. A very long implementation period (ten to twenty years) allows companies ample time to integrate flow releases into their infrastructure planning for maximum cost control.

Additional Information

• View the proposed regulations:  2010-047a
• Contact Regulation Review Committee Members
• For more information, please contact CTLCV Executive Director Lori Brown  at 860.236.5442 or lori.brown@ctlcv.org.

If You Care About Connecticut's Streams & Rivers, Please Raise Your Voices Now

An Open Letter from Margaret Miner, CTLCV Director and Executive Director of Rivers Alliance

We who care about and use rivers have waited 40 years for relief from low flows and degraded waters that can't support river fish.

Public Hearing on Stream Flow Regulations

Thurs January 21, 2010 at 9 am

DEP:  79 Elm Street, Hartford, CT

Starting in the 1970s, the state has committed in principle to protecting streams and rivers. But not until this year has a regulation been proposed that would come anywhere near setting protective standards for flow in rivers, standards that would cure the chronic human-made droughts that hit some of our rivers year after year. By our count about 60 streams are impaired or threatened by low flows.

That flow-protection regulation will go to a public hearing on the morning of Thursday, January 21, at the DEP, 79 Elm Street, Hartford. The regulation is bitterly opposed by water diverters, especially water companies and other utilities. Some of these water takers want no restraints on their ability to divert this public resource to use as they see fit. If you care about the streams and rivers of this state, please raise your voices now. Because if you do not, we river advocates will be shouted down by well funded opponents who are determined to kill this regulation. They may very well succeed.

The regulation was developed over the past five years by the DEP in consultation with a wide range of stakeholders, including utilities. The science behind it is outstanding. At the same time, the protections for utilities and public drinking water are very strong; in fact, so many concessions have been made to utility interests that we will be asking for some fixes. For example, the DEP, at the insistent request of utilities, has added a category of throw-away rivers. These are so-called Class 4 rivers, which are deemed basically hopeless. If one of these rivers runs through your community, too bad for you and the fish.

I don't want to burden you all in this post with tons of content. Many of you know the issue. Many of you worked on the 2005 legislation that mandated the creation of the proposed regulation. But I and many colleagues do want to offer you any and every kind of help to comment and be heard. Leaders in the effort include The Nature Conservancy, Housatonic Valley Association, Trout Unlimited, Farmington River Watershed Coalition, Sierra Club, Quinnipiac River Watershed Association and others, with CT Fund for the Environment offering legal help.

We can make available to individuals and groups, explanation of the regulations, comments on the features that are good or bad, fact sheets, answers to frequently asked questions, and sample testimony. Some of this material is available on our website with a front-page link, including details on the public hearing.  The website is www.riversalliance.org.

WE HAVE THREE VERY URGENT REQUESTS.

1. January 21st: If at all possible, please come to the DEP for the start of the public hearing at 9 a.m. River advocacy groups will be there to help you. We'll even have have badges: Save Our Rivers ! (We're not usually so pushy. But this is an unusual situation.)
2. Please submit written testimony for the hearing on the 21st or at some point in the comment period, which extends to February 4th. We will help with any questions as to how to do this. All written comments MUST be considered by the DEP, so this is important. Comments should go to Paul Stacey, 79 Elm Street, Hartford, CT 06106. Comments must be signed. (We can help with delivery.)
3. Please let your legislators and town officials know if you favor provisions to protect rivers. They are hearing only one side of the story. There are low-flow rivers all over the state. Point them out.  Find your legislators and their contact information at http://www.cga.ct.gov/asp/menu/CGAFindLeg.asp.

The regulation is complex, and Rivers Alliance will be glad to arrange presentations if you are interested. But the core message is: THE REGULATION IS A REASONABLE, BALANCED PROTECTION FOR OUR RIVERS. WE HAVE WAITED FORTY YEARS FOR THIS DAY. LET'S FIX WHAT NEEDS FIXING AND GET THIS PASSED.

River advocates and water companies share a common interest in protecting the resource for the future. But water utilities have backed themselves into a bad corner, with an unsustainable business structure that requires sales of more and more water to generate revenue. A couple of rainy summers, when people use less water, means financial pain. But the answer to the pain is to create a sustainable business plan not to keeping taking more water out of rivers. This is New England. We have plenty of water for fish and faucet. Our water is a huge economic asset that we are hugely mismanaging. This regulation will prompt good management.

Please let me know if you can come to Hartford, submit testimony, or both. Rivers Alliance contact information is below. 

Margaret Miner (rivers@riversalliance.org)
Rivers Alliance of Connecticut
7 West Street, POB 1797
Litchfield, CT 06759
Tel: 860-361-9349
Fax: 860-361-9341
Cell: 203-788-5161
www.riversalliance.org

Margaret Miner is a Director of the Connecticut League of Conservation Voters and Executive Director of Rivers Alliance.