Council on Environmental Quality Meeting Minutes

Minutes of the October 25, 2023, meeting of the Council on Environmental Quality (Council) held via Zoom. 

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

ALSO IN ATTENDANCE: Paul Aresta (Executive Director), Nicholas Velseboer (Environmental Analyst), Jamie Smith (Department of Agriculture (DOAg)), Carole Briggs (DOAg), Jordan Herpich (Department of Energy and Environmental Protection (DEEP)), Eric Hammerling (DEEP), Bruce Wittchen (Office of Policy and Management (OPM)), Rebecca Dahl – (OPM), Justine Phillips-Gallucci (OPM), and Matthew Pafford (Department of Administrative Services (DAS)). Member of the public that spoke: Jon Feinstein.

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. Connecticut Department of Agriculture
Jamie Smith, Director for the Bureau of Agricultural Development and Resource Conservation presented information regarding the Bureau’s programs and services. Smith also discussed the Farmland Preservation program and DOAg’s coordination with DEEP regarding the development of solar on agricultural land. Smith added that DOAg provides comments to the Connecticut Siting Council for projects over two megawatts that are located on prime farmland soils, as required by statute. There was discussion regarding development on agricultural land that was considered preserved through an agricultural easement. Kolesinskas noted that while the state assesses the impacts of individual energy projects on prime farmland, there is not an adequate assessment of the impacts on agricultural land on a large landscape scale. Smith provided additional details regarding Connecticut’s Community Farms Preservation program, which is intended for the preservation of smaller agricultural parcels, and Connecticut FarmLink program.

3. Approval of Minutes of September 27, 2023
Vidich made a motion to approve the draft minutes of September 27, 2023; seconded by Charamut. The motion was approved unanimously with Rodosevich abstaining because she was not present at the previous meeting.

4. Citizen Comment Period
Jon Feinstein commented on greenhouse (GHG) emissions in the state and noted that the efforts to reduce GHG emissions will have a significant cost. Ainsworth suggested that members of the public can provide comments to staff and noted that while the Council is not a regulatory agency, the Council does try to help citizens by directing inquiries to the appropriate agency(s).

5. Citizen Complaints and Inquiries Received

• Aresta provided an update regarding the approved changes to the City of New Haven’s zoning regulations and zoning map for the Long Wharf area. He added that not all of DEEP’s recommendations were adopted; however, the recommendations for dry egress to areas outside the flood hazard area and access/egress for emergency vehicles were adopted.
  
  
• Aresta reported that, as noted earlier, the owners of the Paley Property in Sharon received permission from DOAg to develop a portion of that parcel of agricultural land that was under a conservation easement.
  
  
• Velseboer reported that the Council received an inquiry from a citizen in Granby regarding potential impacts to wetlands and the septic system associated with the proposed development of housing units at 37 Hartford Avenue in Granby. The Council researched the issues and provided the citizen with the requested information.
  
  
• Aresta reported that the Council received a request for a letter of support from a resident of northwest Connecticut for more protective measures associated with the application of herbicides in certain areas within and along the right-of-way (ROW) for the Housatonic Railroad. Aresta summarized his research and communication with state agencies regarding the issue and noted that the Pesticide Management unit at DEEP indicated that the agency has not recently received complaints regarding the application of herbicides within the ROW and that as long as the herbicides are applied consistent with the product labeling, there should be no issues. Vidich noted that his review of the railroads’ vegetative management plan indicates that the railroads are aware of the need to reduce the application of pesticides. Rodosevich suggested that that the Department of Transportation add a term when renewing leases that requires compliance with the railroads’ vegetation management plans as a material term of the lease.
  
  
• Aresta reported that the Council received two letters expressing concern for the way DEEP reports GHG emissions from the electric sector, and the impact of solid waste disposal on GHG emissions. Aresta added that the Council’s 2022 annual report depicts the estimated GHG emissions that DEEP reported using both the electric consumption model and the electric generation model. He summarized the Council’s analysis and efforts to report GHG emissions for various indicators in the annual report. He also added that Council staff has been monitoring solid waste activities in the state and that DEEP is promoting the diversion of solid waste through source reduction, composting, anaerobic digestion, recycling, etc. to address the in-state capacity deficiency for solid waste management.

Ainsworth noted that the Council would take a five-minute break at 10:46 AM. The Council meeting resumed at 10:51 AM.

6. Executive Director’s Report

• Velseboer reported that approximately 65 municipalities have responded to the miniature beverage container survey. He added that Council staff emailed a reminder to the chief elected officials/chief financial officers that had not yet responded to the survey a week ago, presented to the Solid Waste Advisory Committee on October 24, and will begin making phone calls to unresponsive municipalities after October 30.
  
  
• Velseboer reported that the Council received a notice regarding the proposed reconstruction of the Ashford Road Bridge over Bigelow Brook in Eastford. He noted that draft comments have been developed that address protection of drinking water, fisheries resources, and inland wetlands. Rodosevich suggested sending a copy of the Council’s comments to the Department of Public Health (DPH) and DEEP.
  
  Vidich made a motion to approve the draft comments for the proposed Ashford Road Bridge replacement project in Eastford; seconded by Rodosevich. The motion was approved unanimously.
  
  
• Aresta presented information for several indicators for the 2023 annual report that included GHG emissions for 1) all the sectors for 2021, 2) large reporting facilities for 2022, and 3) transportation fuels for 2022; daily vehicle miles travelled for 2022; lobster landings for 2022; the “CEQ Index” for forest/shrubland birds and warm- and cold-adapted bird species for 2022; and tree canopy. There was general discussion regarding the data, and it was suggested that the Council should also assess the impact of aviation fuel on GHG emissions and the use of electricity for transportation.
  
  
• Aresta reviewed a list of draft legislative priorities that aligns with the recommendations included in the 2022 annual report, including protection of agricultural land and core forests; land preservation; open space protection; protection of wetlands; reduction of GHG emissions from the transportation sector; diversion of solid waste; and invasive species control. It was suggested that the recommendation for additional resources for DEEP should also include resources for enforcement. Rodosevich made a motion to assess the number and impact of DEEP’s enforcement actions in the annual report; seconded by Warzecha. Aresta suggested that Council staff can also revise the draft legislative recommendations. Vidich suggested comparing enforcement statistics for Connecticut and other New England states. The motion was approved unanimously. Charamut suggested adding a legislative recommendation that focuses on nature-based solutions. Vidich made a motion to add a recommendation to reference the Connecticut Stormwater Quality Manual (Manual) for municipal zoning commissions, unless a municipality has its own stormwater manual; seconded by Rodosevich. Rodosevich suggested modifying the motion to include language that would reference the most recently adopted version of the Manual. The suggested amendment to the motion was approved unanimously as was Vidich’ s amended motion.
  
  
• Aresta reported that there will be a webinar on November 2 at 1:00 pm on “Protecting Drinking Water Sources: A GIS Tool to Rank Priority Areas in CT”. He added that speakers would include a representative from the Connecticut Council on Soil and Water Conservation, the DPH, and the University of Connecticut’s (UConn) Center for Land Use Education and Research (CLEAR).
  
  
• Velseboer reported that the Invasive Plant Council (IPC) recently met and approved recommending the addition of three plant species to the invasive plants list as “invasive” and two plants species as “potentially invasive”. The IPC also indicated that the search for the invasive plant coordinator, which will be funded between UConn and DEEP, should be hired by the end of 2023 and that the focus of the position will be on aquatic invasive plants.
  
  
• Aresta reported that the Department of Economic and Community Development (DECD) Office of Brownfields will host an in-person panel discussion/networking event on Tuesday, October 31 at DECD’s office in Hartford. He added that the discussion will focus on using brownfield sites for renewable energy production and energy storage projects.
  
  
• Aresta reported that the Connecticut Association of Conservation and Inland Wetlands Commissions Annual Meeting and Environmental Conference will be on Saturday, November 11, 2023 in Bristol. 

7. State Agency Actions 
a. DEEP

• Release-Based Remediation Program – update
  Aresta summarized the October 10 meeting of the Release-Based Remediation Working Group that included two presentations from DEEP, including “historically impacted material” and “immediate actions endpoints”.
  
  
• Connecticut’s State Wildlife Action Plan
  Aresta reported that DEEP is preparing for the 2025 revision of Connecticut's State Wildlife Action Plan (SWAP). He added that a survey has been made available that requests input on various elements of the SWAP and that responses to the survey are due November 17.

b. Connecticut Siting Council (CSC)

• Petition 1595 (fuel cell, Ansonia) – Comment recommended
  Aresta reported that he reviewed a proposal from HyAxiom, Inc. to construct and operate a 4.14-megawatt fuel cell project at an existing brownfield site at 35 North Main St in Ansonia. He summarized the environmental characteristics of the proposed site and noted that the Petitioner’s acoustic survey noted that the projected noise level at a residential parcel across the street from the proposed facility would exceed the applicable standard. Draft comments have been developed that recommend that the Petitioner comply with applicable noise standards, that a post-construction acoustic study be undertaken to confirm compliance with applicable noise standards, and that the Petitioner assess the proposed site and properly characterize any materials disturbed on the brownfield site.
  
  Kolesinskas made a motion to approve the draft comments for CSC Petition 1595; seconded by Vidich. The motion was approved unanimously.
  
  
• Petition 1594 (telecom, Greenwich) - No comments recommended at this time
  Aresta reported that he reviewed a proposal from Verizon Wireless to install a small wireless telecommunications facility on the roof of the Greenwich Country Club clubhouse and associated equipment at ground level located at 19 Doubling Road in Greenwich. He summarized the environmental characteristics of the proposed site.

c. Department of Transportation (DOT) - Land Transfer, North Canaan
Aresta noted that the DOT had solicited bids for the potential sale of an approximately 27.5-acre site in North Canaan. Aresta added that the DOT informed him that no bids were received and that the DOT would entertain a reasonable offer after the bid closing and if interest in the parcels increase and multiple people inquire, a second public bid could be held.

8. Other Business 

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

Vidich noted that he recently attended a conference at UConn and suggested that the Council might have an opportunity to hold a meeting at UConn’s facility to learn more about their activities related to water quality and climate change issues. Rodosevich questioned if the Council has received complaints/inquiries regarding potential impacts on historic resources. There was general discussion regarding previous inquiries/issues that the Council has addressed regarding historic/cultural resources. 

Vidich made a motion to adjourn the meeting at 12:27 PM; 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.)

¹ Passcode: VV43k3+&