Water Planning Council Meeting

Public Utilities Regulatory Authority

June 2, 2015

MINUTES

Members present: John Betkoski, PURA;Ellen Blaschinski, DPH, W. David LeVasseur, OPMandBetsey Wingfield,DEEP

Members absent:

WPCAG members present: Margaret Miner, Rivers Alliance; Lori Vitagliano, SCCRWA; Robert Wesneski, Avon Water Co.; Maureen Westbrook, CT Water Co.

Other attendees: Tom Callahan, UConn; Josh Cansler, SCWA; Cheryl Chase, DEEP; Corinne Fitting, DEEP; Henry Link, Enviro Energy Connections; George Logan, Aquarion; Lori Mathieu, DPH; Matt Pafford, OPM; Nick Salemi, MDC; Martha Smith, West River (New Haven) Watershed Coalition; and Bruce Wittchen, OPM

  1. Call to Order

Council member Betkoski called the meeting to order at 1:32 PM.

  1. Approval of the Minutes of the May 5, 2015Meeting and May 14, 2015 Special Meeting

There was a discussion of how the draft minutes of the May 14 Special Meeting had been distributed. A motion was made and seconded to approve the minutes of the May 5 meeting and the motion passed unanimously, with Council member LeVasseur abstaining. A motion was made and seconded to approve the minutes of the May 14 special meeting and it was approved unanimously, with Betsey Wingfield abstaining.

  1. State Water Plan: Next Steps
  1. Vote on the Appointment of Elin Katz to the Steering Committee

A motion was made and seconded to appoint the Office of Consumer Counsel's (OCC's) Ellin Katz to the Steering Committee and the motion was approved unanimously. The WPC discussed also appointing attorney Andrew Lord to the Steering Committee, based on his background with the wastewater industry and extensive knowledge of wastewater, municipal facility planning and opportunities for water re-use. Council member Wingfield said she is concerned that the Steering Committee has grown to a size beyond that originally envisioned even with the envisioned Policy Committee not yet having a representative.

A motion was made and seconded to appoint Andrew Lord to the Steering Committee. There was a discussion of expectations regarding wastewater industry representation, whether the representative should have a more technical role in the industry. Council member LeVasseur asked if Andrew Lord might more appropriately fill the policy position on the Steering Committee. Maureen Westbrook noted that the plan could have impacts on the wastewater assimilation capacity of various streams.

Council member Wingfield said she respects Andrew Lord's experience with the industry, but asked when the WPC will stop appointing additional people to the Steering Committee. There was further discussion of the current membership and Tom Callahan said that, with today's appointment of Elin Katz, there are now 17 members. He noted the agenda lists correspondence submitted by the CT Water Works Association (CWWA) regarding that industry's belief that it is under-represented on the Steering Committee. How will the appointment of two additional non-CWWA representatives affect that? There was further discussion and the WPC voted to appoint Andrew Lord to the Steering Committee, with council members Betkoski, Blaschinski and LeVasseur voting in favor and Council member Wingfield being opposed. Council member Wingfield added that she is not opposed to Andrew Lord but is concerned about the size of the Steering Committee and who is represented.

  1. Project Management Report

Tom Callahan said he does not have a written project management report to distribute this month. He said the facilitation consultant is concluding her interviews with Steering Committee members, but noted that she will have to add interviews with the newly-appointed members. He expects that she will be able to provide a draft report based on her interviews by late next week and will also describe the workshop design at that time. Tom noted that UConn can provide space for the workshop and that a cafeteria and parking are available.

Council member Betkoski mentioned the still-vacant position on the Steering Committee representing the not-yet established Policy Workgroup. Lori Mathieu asked if the person in that role is supposed to address overall policy and Tom Callahan noted that the statutory language raises broad policy issues, such as conservation and re-use. Council member Wingfield asked if an existing Steering Committee member might fill that role and Council member Blaschinski asked if any have abackground appropriate for that. Lori Mathieu recommended Amy Vickers, who she said works out of MA as a water consultant. There was a discussion of expectations for such a position and of the number of people already appointed to the Steering Committee. Council member Wingfield suggested that CWWA be asked to recommend a member to serve on the policy committee.

Council member Wingfield asked if the Steering Committee should get together prior to the workshop. There was a discussion of the advantages of the potential benefits.

  1. Other States' Plans

Matt Pafford said Pat Bresnahan is finishing the suggested updates to the report and it should be available for circulation by the end of the week. He will distribute it to WPC and WPCAG members and Council member Wingfield added that Tom Callahan should distribute it to the Steering Committee.

  1. Old Business
  1. 2015 legislative session

Maureen Westbrook mentioned that the budget bill, HB 7061, eliminated the sales tax exemption for privately-held water companies' purchases, which was estimated to amount to $4 million per year. She noted that water companies regulated by PURA have a limited rates re-opener that can address changes in taxes and described the process. She said there are other changes affecting the water industry, including changes in statutes governing rates and approvals for individual service lines.

Maureen said an amendment has been proposed for HB 5602 so that water companies would also be exempt, like municipalities and non-profits, from the proposal making land owners liable for the expense of removing a fallen tree or limb. She also saidSB 865 was narrowed prior to passage so that it only applies to the proposed Durham water main extension.

Maureen said discussions are ongoing about modifying the water plan approval process specified in PA 14-163. Council member Betkoski said it is not urgent to pass that this session and the proposal should come from the WPC. There was a discussion of the process and Council member Blaschinski said it will be important to resolve differences during the planning process and to ensure that everyone participates. Maureen said some might not be at the table by choice.

Margaret Miner said the approval process adopted in PA 14-163 is unworkable and that the WPC and plan advocates being excluded from the process at the end. The group should address this next year and added that there should be a Plan B in case a few legislators decide to hold up the plan approval. Margaret added that the planning timeframe is too short. Margaret also mentioned her concerns about HB 6998, the conveyance act, and added that the bill also raises questions about the impacts of gravel mining. She suggested that water planning also consider the impacts of gravel washing.

Maureen Westbrook said Sen. Duff's water rates bill, SB 569, passed and she described the process it creates for addressing inadequate rates charged by small community systems. Council member noted that the Blue Plan legislation, HB 6839, passed and will lead to the development of a Long Island sound plan, which she described. Margaret Miner said EPA has issued the finalClean Water Rule and she hopes there will be vigorous state support.

  1. Water Utility Coordinating Committees (WUCCs)

Council member Blaschinski said DPH and OPM have a memorandum of agreement (MOA) to transfer WUCC planning funding to DPH and the MOA will be amended to address the approaching end of the fiscal year. Council member Blaschinski added that DPH is finalizingitsrequest for proposals (RFP) for a consultant to implement the WUCC process and hopes post that on the agency website by the end of June.

  1. Stream Flow Classification

Council member Wingfield said DEEP has issued its public notice regarding the proposed stream flow classification for the South Central Coastal basin. Corinne Fitting added that public meetings will be held June 9th and Council member Wingfield noted that DEEP is working with submissions regarding the Thames basin.

  1. New Business

Council member Blaschinski said DPH is completing the report regarding the possible use of General Permits that is required by Sec. 7 of PA 14-163 and is due July 1. DPH can do a presentation for the WPC at a future meeting.

Council member Wingfield said Michael Sullivan, recently appointed Deputy Commissioner at DEEP, will represent DEEP on the WPC and Steering Committee. She described Michael's background and said the appointment of a Deputy Commissioner demonstrates Commissioner Klee's commitment to the WPC. Council member Betkoski thanked Council member Wingfield for her years with the WPC.

Council member Betkoski noted that Margaret Miner will be honored by an environmental organization and Margaret Miner described the award she will receive on June 13 from the Pomperaug River Watershed Coalition.

Maureen Westbrook said CT Water Co received the necessary diversion permit to supply UConn and Mansfield.

  1. Advisory Group update

Maureen Westbrook said the only thing to add to what was discussed earlier is that the WPCAG walked through the three so-called 3rd Rail issues that Tom Callahan has mentioned – whether CT's existing water regulation framework is subject to change; the state's restriction that only Class A waters be used for public supply; and potential changes to registered diversions. She said she will circulate a description of the issues. Margaret Miner said the WPCAG also discussed its outreach role in the planning process.

There was a discussion of Greg Leonard leaving the WPCAG and the need to designate a replacement. He asked Josh Cansler, Greg Leonard's replacement at the Southeastern CT Water Authority to introduce himself and a motion was made and seconded to appoint Josh to the WPCAG. The motion passed unanimously.

  1. Public Comment and Correspondence

Council member Betkoski said that the WPC has already discussed the correspondence and noted that the future addition of a Policy Committee representative to the Steering Committee might address CWWA's concern.

  1. Executive Session

There was no executive session.

  1. Future Meeting Date

The next meeting will be held at 1:30 p.m. on July 7, 2015at PURA.

  1. Adjourn

The meeting was adjourned at 2:35 p.m.

Minutes prepared by Bruce Wittchen, OPM

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