Council on Environmental Quality Meeting Minutes

Minutes of the December 13, 2023, meeting of the Council on Environmental Quality (Council) held in the Holcombe Room, fifth floor, 79 Elm Street, Hartford and via Zoom.

MEMBERS PRESENT: (in person) Keith Ainsworth (Acting Chair), Kip Kolesinskas, Charles Vidich, Alicea Charamut, Christopher Donnelly, Denise Rodosevich, Matt Reiser, David Kalafa, and (remote) William Warzecha.

ALSO IN ATTENDANCE: Paul Aresta (Executive Director), Nicholas Velseboer (Environmental Analyst), Jordan Herpich (Department of Energy and Environmental Protection (DEEP)), Eric Hammerling (DEEP), Bruce Wittchen (Office of Policy and Management (OPM)), Philip Shattuck (OPM), Becca Dahl (OPM), and Justine Phillips-Gallucci (OPM). 

1. Call to Order: Establishment of a Quorum
At 9:30 AM, Ainsworth called the meeting to order, took attendance, and confirmed that there was a quorum of Council members present.

2. Approval of Minutes of November 15, 2023
Vidich made a motion to approve the draft minutes of November 15, 2023; seconded by Rodosevich. The motion was approved unanimously with Warzecha and Reiser abstaining because they were not present at the previous meeting.

3. Citizen Comment Period
No citizen comments.

4. Citizen Complaints and Inquiries Received

• Velseboer reported that the Council received an inquiry and a request for information regarding the proposed site remediation for two properties in North Haven and New Haven, and the potential development of a trash to energy facility. Council staff contacted DEEP to obtain information regarding the current status and permitting requirements for the proposed project (AB Eco Park) and provided the information to the resident.
  
  
• Velseboer reported that the Council received a press inquiry, via a referral from DEEP, from the CT Post about a press release from the Wine & Spirits Wholesalers of Connecticut, Inc. regarding the surcharge on miniature alcohol beverage containers (Nips). Ainsworth noted that he spoke with the reporter and indicated that the Council was reviewing the program.
  
  
• Velseboer reported that the Council received an inquiry from a student at the University of Connecticut (UConn) regarding forestry issues in Connecticut and added that Donnelly and Aresta were able to answer the student’s questions.

5. Executive Director’s Report

• Velseboer reported that Council staff completed the data collection efforts for the Nips surcharge survey and a total of 132 municipalities responded. He added that draft preliminary findings have been developed and he summarized how the reporting municipalities expended the funds from the surcharge on Nips. There was general discussion on how the municipalities might also use the draft preliminary findings. It was the consensus of the Council to provide the draft preliminary findings to the legislature’s Environment Committee and then make it available to municipalities.
  
  
• Aresta presented information for two indicators for the 2023 annual report that included 1) the area and duration of hypoxic condition in Long Island Sound in the summer of 2023, and 2) a mid-winter bat count at a sentinel site in Connecticut during the winter of 2023.
  
  
• Aresta noted that the list of legislative recommendations that align with the recommendations included in the 2022 annual report have been finalized. He added that Rodosevich has coordinated with other Council members on specific language that might accompany the legislative recommendations. Rodosevich reviewed the draft legislative revisions that would 1) clarify the intent of Connecticut General Statute (CGS) section 7-131n regarding conversion of park land owned or in the care of municipalities, and 2) revise the regulatory process described in CGS section 16-50k to protect agricultural land and core forests. There was general discussion regarding the value and purpose of the proposed changes and the draft revised statutory language.
  
  Vidich made a motion to support the suggested legislative revisions to CGS section 16-50k, provided by Rodosevich; seconded by Reiser. Kalafa made a motion to amend the original motion to remove reference to wind turbine technology from the suggested revisions to CGS section 16-50k; seconded by Vidich. The motion to amend the original motion was approved unanimously. The Council also unanimously approved the original motion, as modified.
  
  Kalafa made a motion to support the suggested legislative revisions to CGS section 7-131n, provided by Rodosevich; seconded by Vidich. The motion was approved unanimously.
  
  There was general discussion on the distribution of the proposed legislative revisions, which could include the legislature's Environment Committee and environmental organizations.
  
  
• Aresta noted that Vidich contacted a professor from UConn regarding the possibility of having a Council meeting at the University. Aresta added that UConn indicated that there is meeting space and equipment to accommodate a Council meeting.
  
  
• Aresta noted that the refill of the Environmental Analyst 1 position for the Council has been approved by DEEP’s financial office and is awaiting approval by OPM.

6. State Agency Actions 
a. DEEP

• Release-Based Remediation Program – update
  Aresta summarized the December 12 meeting of the Release-Based Remediation Working Group that included presentations from DEEP on the following topics: 1) release closure documentation, 2) release-based program fees, and 3) audits. He added that a question-and-answer session for the three presentations will be held on Thursday, December 21. Ainsworth noted that there are concerns amongst environmental attorneys regarding the proposed released-based remediation program.
  
  
• Notice of Intent to Issue Guidelines for Pilot Program for the Use of Beneficially Reclaimed Materials as Fill In Large Projects
  Aresta reported that DEEP developed guidelines for a pilot program for the use of beneficially reclaimed materials as fill in large projects and that the primary purpose of such program would be to facilitate the redevelopment of environmentally impaired or underutilized properties. Aresta summarized some of the major conditions of the pilot program and noted that it could involve up to four authorizations. There was general discussion regarding the type and chemical characteristics of the fill materials that could be utilized in the pilot program. Ainsworth noted that a pilot program requirement is that the fill not harm or present a threat to human health, safety or the environment.
  
  
• Environmental Impact Evaluation (EIE) for Bozrah’s Sanitary Sewer Extension
  Aresta reported that DEEP published a notice of the availability of an EIE associated with the installation of a wastewater collection and conveyance system in the village section of Bozrah. This conveyance system would ultimately connect via Stockhouse Road and Route 87 to the existing Norwich Public Utilities (NPU) sewer on Route 32 in Franklin. He added that Council staff reviewed the EIE and developed draft comments that address water supply, floodplain/flooding, historic/cultural resources, state and federally listed species, wetlands, erosion and sedimentation (E&S) controls, and air quality. Warzecha noted concerns regarding the recharge of groundwater as a result of the wastewater that would be conveyed outside of the project area. It was suggested that the draft comments be revised to include consideration of groundwater recharge. There was general discussion regarding the proposed sewer project, including its impact on land development.
  
  
• Draft Batterson Park Study (Study)
  Aresta noted that DEEP developed a draft Study that also includes a “master plan”, created for the city of Hartford, and a plan to restore the water quality to potentially permit swimming at Batterson Park Pond. He added that Council staff reviewed the draft Study and developed draft comments that note the location of state parks that support public swimming and recommends the provision of details regarding the technical feasibility, environmental impacts, and costs associated with the recommended measures to improve water quality, identified in the water quality report. Rodosevich suggested revising the draft comments to include consideration of the Park as a cooling area. Kolesinskas noted that the goal should be to improve the water quality of Batterson Park Pond. 
  
  Charamut made a motion to approve the draft comments regarding the EIE for Bozrah’s Sanitary Sewer Extension and the draft Batterson Park Study with the suggested revisions; seconded by Vidich. The motion was approved unanimously.
  
  
• Notice of Intent to Revise the State Implementation Plan (SIP) for Air Quality: 2015 Ozone National Ambient Air Quality Standards
  Aresta noted that DEEP indicated that attainment of the 2015 National Ambient Air Quality Standards (NAAQS) is likely to occur for Greater Connecticut near the attainment date of August 2024. He added that DEEP also indicated that attainment for the 2008 and 2015 ozone NAAQS in Southwest Connecticut might only be assured by securing additional emission reductions through control of sources that are outside the scope of Connecticut’s authority to control, as well as through the implementation of more stringent emission standards on new vehicles.

b. Connecticut Siting Council (CSC)

Comments recommended:

• Petition 1598 (solar, Windsor)
  Aresta reported that Council staff reviewed a proposal from Windsor Solar One, LLC to construct and operate a 3.0-megawatt (MW) solar photovoltaic (PV) facility to be located at 445 River Street in Windsor. He summarized the proposed project and the environmental characteristics of the proposed site. Aresta added that draft comments have been developed that address potential impacts to farmland, visibility from the neighbors located west of the proposed facility, and wildlife.
  
  
• Petition 1599 (solar, Suffield)
  Aresta reported that Council staff reviewed a proposal from TRITEC Americas, LLC to construct and operate a 0.999-MW solar PV facility to be located at 0 Spencer Street in Suffield. He summarized the proposed project and the environmental characteristics of the proposed site. Aresta added that draft comments have been developed that address potential impacts to farmland, wetlands, E&S controls, and visibility.
  
  
• Petition 1600 (solar, Berlin)
  Aresta reported that Council staff reviewed a proposal from TRITEC Americas, LLC to construct and operate a 0.999-megawatt solar PV facility to be located at Parcel No. 30-2-74-0 Chamberlain Highway in Berlin. He summarized the proposed project and the environmental characteristics of the proposed site. Aresta added that draft comments have been developed that address potential impacts to farmland and E&S controls.
  
  
• Petition 1601 (solar, Montville)
  Aresta reported that Council staff reviewed a proposal from TRITEC Americas, LLC to construct and operate a 0.999 MW solar PV facility to be located at 958 Route 16 in Montville. He summarized the proposed project and the environmental characteristics of the proposed site. Aresta added that draft comments have been developed that address potential impacts to farmland, wetlands, E&S controls, and visibility.
  
  Vidich made a motion to approve the draft comments for CSC Petitions 1598, 1599, 1600, and 1601; seconded by Kalafa. The motion was approved unanimously.
  
  No comments recommended at this time:
  
  
•  Docket 520 (telecom, Haddam) 
  Aresta reported that Council staff reviewed a proposal from Homeland Towers, LLC and Verizon Wireless to construct and operate a 150-foot monopole telecommunications tower and 40-foot by x 70-foot compound at 124 Ague Spring Road in Haddam Neck.  He summarized the proposed project and the environmental characteristics of the proposed site.

c. Department of Economic and Community Development (DECD)

• Notice of Scoping for AB Eco Park Project 
  Aresta noted that DECD published a scoping notice indicating that state support has been provided for the remediation of two properties in New Haven and North Haven and to support the development of a waste reclamation facility and a waste to energy facility. Aresta noted that a portion of the southern-most property is located in New Haven, which is an environmental justice community; however, it is unclear if the proposed facility would be located in New Haven or North Haven. He added that an EIE would be required for the proposed project/action.

7. Other Business 
Aresta noted that the next meeting will be on January 24, 2024.

Several Council members acknowledged the contributions of Council members Charamut and Kolesinskas.

Kalafa made a motion to adjourn the meeting at 11:40 AM; seconded by Charamut. The motion was approved unanimously.

A recording of this meeting is available here¹ and by email request of the Council (email to: CEQ@ct.gov). (Disclaimer: The transcript associated with the meeting recording is computer-generated and may contain typos that have not been edited.)