Council on Environmental Quality Meeting Minutes

Minutes of the March 22, 2023 meeting of the Council on Environmental Quality (Council).

MEMBERS PRESENT: Keith Ainsworth (Acting Chair), Charles Vidich, David Kalafa, William Warzecha, Alicea Charamut, Kip Kolesinskas, and Matt Reiser.

ALSO IN ATTENDANCE: Paul Aresta (Executive Director), Bruce Wittchen (Office of Policy and Management – OPM), and Rebecca Dahl (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 February 22, 2023

Vidich made a motion to approve the draft minutes of February 22, 2023; seconded by Reiser. The motion was approved unanimously with Kolesinskas abstaining because he was not present at the previous meeting.

3. Chair’s Report

Ainsworth noted that the vacancies on the Council are now more well known, and he is hopeful that appointments to the Council will be made soon.

4. Citizen Comment Period

There were no citizen comments.

5. Citizen Complaints and Inquiries Received

• Aresta reported that he was copied on a few emails regarding concerns about the impacts of the existing and proposed use of the Tweed Airport. He added that the draft Environmental Assessment was released in early March and comments are due by April 16.
  
  
• Aresta reported that he received a request for information regarding the costs to clean up fuel oil releases and a list of licensed spill cleanup contractors. He added that he provided the information that was requested and referred the individuals to the Department of Energy and Environmental Protection’s (DEEP) list of licensed spill cleanup contractors.
  
  
• Aresta reported that he received a complaint regarding potential impacts to tidal wetlands in Fairfield. He added that he referred the person to a representative at DEEP who assigned the matter to staff for investigation and possible enforcement.
  
  
• Aresta reported that he received a complaint regarding a few dangerous trees on the property line of a residential property in East Haven that abuts a bird sanctuary. He referred the person to the City of New Haven’s Parks and Public Works Department.
  
  
• Aresta reported that he contacted the Connecticut Department of Agriculture (DOA) to inquire if the agency had decided about the development rights issue for the property in Sharon. He added that the DOA is still reviewing the matter and has not yet issued a decision.
  
  
• Aresta reported that he investigated the citizens’ complaints that were brought to the Council’s attention via emails and at the last meeting regarding the safety of students and staff at the proposed Bassick School in Bridgeport. He added that he was informed by DEEP that the application for a Flood Management Certificate was initially reviewed and approved with conditions that required the City of Bridgeport to follow up with additional documentation, and that additional documentation is currently under review. He noted that the proposed school is required to be built so that the first floor is two feet above the 500-year flood elevation and must also include a means for evacuation by dry land egress during a one percent (100-year) storm.

6. Executive Director’s Report

• Aresta reported that the search process for the Council staff position continues. He added that he welcomes Council member participation/assistance with the interview process.
  
  
• Aresta noted that DEEP will hold a virtual public listening session on March 28 at 1:00 pm to solicit feedback and comments from stakeholders on the General Permit for the Discharge of Groundwater Remediation Wastewater (“Remediation GP”).
  
  
• Aresta reported that there was a meeting of the vegetation management working group (VMWG) on March 9, that involved a discussion of the minimum level of pruning that should be undertaken when there is evidence that vegetation shows signs of burning from contact with the electric infrastructure.
  
  
• Aresta reported that the Council received a request for the land transfer notice to include more environmental information to more closely align with the Government Administrations and Elections Committee Conveyance Application and the Supplemental Conveyance Questionnaire. He added that the revised land transfer notice form requests additional information on Natural Diversity Data Base (NDDB) areas, aquifer protection area/watershed resources, historic resources, and flood hazard areas. He also noted that there were no objections to revising the land transfer notice template from any of the state agencies contacted. Kolesinskas asked if the land transfer notice form required information regarding the presence of agricultural soils. Aresta responded that the form asks if the property is used for agriculture but does not specifically reference agricultural soils.
  
  
• Aresta reported that he reviewed four notices from municipalities that will be receiving funds through the Federal Local Bridge Program and recommends comments for two of the proposed bridge replacement projects, as follows:
  • Fairhaven Road Bridge, East Lyme – Aresta reported that the town of East Lyme proposes to replace the Fairhaven Road Bridge over the Pattagansett River. He reviewed the environmental characteristics of the site. He added that draft comments have been developed that recommend 1) that the Town and/or the bridge designers/construction company consult with DEEP’s NDDB and Land and Water Resources Division for guidance to minimize and mitigate any potential adverse effects on state-listed species, critical habitat, wetlands and/or coastal resources; and 2) that any work conducted on the roadway to the east of the bridge not restrict access to the DEEP-owned parcel in the event it is used for passive outdoor recreation and/or access to the river. Vidich inquired about the ownership and use of the identified property and Warzecha asked if cultural resource assessments are conducted for local bridge replacement projects. Aresta responded that the property is owned by DEEP it might be used for passive recreation. He added that he believes the State Historic Preservation Office receives notices of local bridge projects as well but will confirm with the Department of Transportation.
    
    
  • Groton Long Point Road Bridge over Palmer Cove – Aresta reported that the town of Groton proposes to replace the Groton Long Point Road Bridge over Palmer Cove. He reviewed the environmental characteristics of the site. He added that draft comments have been developed that recommend that the Town of Groton and/or the bridge designers/construction company consult with DEEP’s NDDB and Land and Water Resources Division for guidance to minimize and mitigate any potential adverse effects on state-listed species and coastal resources.

Vidich made a motion to approve the draft comments regarding the two Federal Local Bridge Program projects; seconded by Warzecha. The motion was approved unanimously.

• Aresta summarized the data he obtained for the annual report, including daily vehicle miles travelled, residential electric sales, electric generation in Connecticut, DEEP inspections and enforcement, greenhouse gas (GHG) emissions using the Environmental Protection Agency (EPA) data, fishes, nitrogen discharges, and solar. There was general discussion regarding the use of certain charts and text in the draft annual report with recommendations for refinement. He added that he is still awaiting data on drinking water, total dissolved nitrogen, bus ridership, gross domestic product, and GHG emissions (DEEP). Aresta also noted that the next annual report might include a review of the surcharge on the miniature alcohol beverage containers because the Environment Committee included that proposed language into Senate Bill 895.

Ainsworth noted that the Council would take a five-minute break at 10:39 AM. The Council meeting resumed at 10:44 AM.

7. State Agency Actions

a. DEEP

• Release-Based Remediation Program – update
  Aresta noted that DEEP held a meeting of the Release-Based Remediation Working Group on March 14 and he provided a summary of the discussion, which included a review of “significant existing releases”, and presentation of the final concept papers developed by subcommittees 9 and 10.
  
  
• Energy Procurements Siting Considerations
  Aresta noted that DEEP intends to conduct two new procurements for grid-scale energy resources this year to achieve state statutory mandates for GHG emissions reduction and a 100 percent zero carbon electric sector by 2040. He added that DEEP will hold a virtual public informational meeting/workshop to receive stakeholder input on the new procurements on March 29, 2023, from 9:30 am to 4:00 pm via Zoom.

b. Connecticut Siting Council (CSC)

• Petition 1560 (energy, Norwalk) - Comments recommended
  Aresta noted that he reviewed a proposal by Eversource to relocate a section of two (2) 115-kilovolt (kV) overhead transmission lines, converting the design from an overhead configuration to an underground configuration for an approximate length of 3,500 feet (0.66 mile) to accommodate a bridge replacement project in Norwalk. The re-routing would include a combination of trenching in local streets and on private properties and a trenchless underground crossing of the Norwalk River using a horizontal directional drill. He reviewed the environmental characteristics of the proposed project and added that draft comments have been developed that address the provision of best management plans, protection of state-listed species, pre-construction soil testing, and support for inspections.
  
  
• Docket 513 (telecom, Litchfield) - Comments recommended
  Aresta noted that he reviewed a proposal by Verizon to construct a 110-foot-tall monopole tower and place equipment, an emergency generator, and a fuel tank within a 50-foot x 50-foot fenced compound on a parcel off Mason Hill Road in Litchfield. He reviewed the environmental characteristics of the proposed project and added that draft comments have been developed that address protection of state-listed species, wetlands, visibility and the possible use of nearby electric transmission line structures.
  
  
• Docket 514 (solar, Putnam) – Comments Recommended
  Aresta noted that he reviewed a proposal by Glenvale Solar to develop a four megawatt (MW) solar electric generating facility at 56 River Road in Putnam. He reviewed the environmental characteristics of the proposed project and added that draft comments have been developed that address wildlife, farmland soils, core forest, groundwater, and protection of wetlands and vernal pools. It was suggested that the comments be revised to 1) note the means for regulatory review, and 2) recommend a revised design to encourage agricultural co-use to mitigate the potential impacts to agriculture.

Vidich made a motion to approve the draft comments regarding CSC Petition 1560 and Docket 513, and the revised comments regarding Docket 514; seconded by Kalafa. The motion was approved unanimously.

c. Legislature

• Aresta noted that there were two public hearings for the Environment Committee held on February 27 and March 10. He added that the Council submitted written testimony for five proposed bills that addressed solid waste management, wetland officials training, seabird/shorebird protection, and protection of riparian areas and water supply watershed land. He also noted that the Council’s testimony is posted on the “Environmental Reviews” webpage on the Council’s website. Ainsworth commented on the legislative process for the refinement of the “park replacement” statute.

8. Other Business

Ainsworth asked if there were any other items for discussion by Council members.

Kolesinskas noted that he had additional comments regarding the draft annual report that he will provide to Aresta and added that the Council should consider tracking the amount of organic recycling in a future edition of the annual report. Vidich questioned when the terms for two of the Council members will end and if the pending vacancies on the Council warrant individual letters directed to the appointing authority. Ainsworth suggested that it would be appropriate to communicate the need for new appointments with the appointing authority.

Aresta noted that Council members are encouraged to provide any comments regarding the draft annual report directly to him. Aresta added that he will revise the annual report and provide a revised draft to Council members, which could be reviewed and approved at the next meeting on April 26 or sooner. Kalafa made a motion to allow Aresta to release the annual report before the next meeting if there are no conflicts with Council members’ comments; seconded by Charamut. The motion was approved unanimously.

Vidich made a motion to adjourn the meeting at 11:29 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: paul.aresta@ct.gov). (Disclaimer: The transcript associated with the meeting recording is computer-generated and may contain typos that have not been edited.)