Connecticut Administrative Code › Title 22a - Environmental Protection › 1a - Connecticut Environmental Policy Act › Section 22a-1a-8 - Environmental Impact Evaluations

Current through July 10, 2024
(a) A sponsoring
			 agency shall prepare an environmental impact evaluation for those actions
			 listed in an environmental classification document as requiring such an
			 evaluation or for those actions for which the full degree of actual impact
			 remains undetermined after the conclusion of public scoping but which may
			 significantly affect the environment. Environmental impact evaluations shall
			 provide full and fair discussions of environmental impacts, inform decision
			 makers and the public of all reasonable alternatives, and compare the impacts
			 of the alternatives on the environment.
(b) An environmental impact evaluation shall
			 be prepared as close as possible to the time an agency proposes an action but
			 only after the conclusion of public scoping through the publication of the
			 post-scoping notice in accordance with section
			 22a-1a-7
			 of the CEPA regulations. The evaluation shall be prepared early enough so that
			 it can practically serve as an important contribution to the decision-making
			 process and shall not be used to rationalize or justify decisions already made.
			 Preparation of an environmental impact evaluation shall not prevent an agency
			 from conducting contemporaneous engineering, economic, feasibility and other
			 studies which do not otherwise commit the agency to commence or engage in such
			 action or limit the choice of reasonable alternatives.
(c) If an agency is proposing an action which
			 is an interdependent part of a sequence of planned activities which may have a
			 significant environmental effect and which depends on the entire sequence for
			 its justification, or which is part of a program of similar activities, the
			 cumulative effect of which may have a significant environmental effect, a
			 single environmental impact evaluation shall be prepared for that sequence or
			 program. Such an environmental impact evaluation shall cover future component
			 actions of a program or sequence of activities provided that there is no
			 substantive change in the action's environmental setting, environmental impacts
			 or alternatives which would merit a revision to the environmental impact
			 evaluation. When there is a substantive change in the action's environmental
			 setting, environmental impacts or alternatives that is not adequately discussed
			 in the initial environmental impact evaluation, a new or revised environmental
			 impact evaluation shall be prepared by the sponsoring agency to address those
			 substantive changes.
(d) An
			 environmental impact evaluation shall be clear, concise, and to the point, and
			 written in plain language so that it may be understood by the general public.
			 Impacts shall be discussed in proportion to their significance and the
			 magnitude of the action.
(e)
			 Environmental impact evaluations shall be prepared in a manner which will
			 encourage clear presentation and independent evaluation of the action and its
			 reasonable alternatives. Summary technical data, maps and diagrams should be
			 presented as to be understandable to the general public. An agency may
			 incorporate material by reference into an environmental impact evaluation when
			 to do so will cut down on bulk without impeding agency and public review of the
			 action. Appendices and referenced documents shall be reasonably available for
			 review, except proprietary data or material otherwise exempt from disclosure in
			 accordance with chapter 14 of the Connecticut General Statutes.
(f) The environmental impact evaluation shall
			 include the detailed statements required by section 22a-1b(c) of the Act by
			 providing the following:
(1) A brief summary
			 which adequately and accurately summarizes the focus and conclusions of the
			 evaluation. The summary shall include the appropriate agency contact person and
			 an environmental impact evaluation distribution list.
(2) A description of the action, a statement
			 of its purpose and need and a justification for the action. Major assumptions
			 concerning growth and population used to justify the action shall be clearly
			 identified. The location and boundaries of the action, if applicable, shall be
			 indicated on a map of appropriate scale. If applicable, the square footage of a
			 proposed facility shall be included with a description and quantification of
			 infrastructure needs of the proposed facility, including, but not limited to,
			 parking, water supply, and wastewater treatment.
(3) A description of the environment of the
			 area which would be affected by the action, as it currently exists prior to
			 commencement of the action. This description shall include the cultural,
			 economic, recreational and ecological characteristics and activities, both in
			 the immediate location of the action and areas that would be affected by the
			 action.
(4) A description and
			 analysis of the reasonable alternatives to the action, particularly those which
			 might enhance environmental quality or avoid some or all of the adverse
			 environmental effects. This discussion shall include, but not be limited to,
			 alternatives such as taking no action or substituting an action of a
			 significantly different nature which would provide similar benefits with
			 different environmental impacts.
(5) A list of the necessary licenses,
			 permits, certifications or other approvals required to implement the
			 action.
(6) A discussion of the
			 potential environmental impact of the action. This discussion shall include, in
			 addition to the requirements of section 22a-1b(c) of the Act, the following to
			 the degree that each is applicable to the action:
(A) Direct, indirect, and cumulative
			 environmental effects as set forth in Section
			 22a-1a-3
			 of the CEPA regulations;
(B) The
			 relationship of the action and its reasonable alternatives to adopted land use
			 plans, policies and controls, including, but not limited to, the state plan of
			 conservation and development, for the affected areas;
(C) An evaluation of each alternative,
			 including, to the extent practicable, whether the alternative avoids,
			 minimizes, or mitigates environmental effects of the action;
(D) Any irreversible and irretrievable
			 commitments of resources which would occur should the action be implemented.
			 Such resources shall include those materials devoted to the action and the
			 natural and cultural resources that would be affected as a result of the
			 action.
(E) Mitigation measures to
			 the action including: limiting the degree or magnitude of the action;
			 rectifying the effects of such action by repairing, rehabilitating or restoring
			 the impacted environment; reducing or eliminating the impact over time by
			 preservation and maintenance operations; and compensating for the impact by
			 replacing or providing substitute resources or environments. Mitigation
			 measures should be developed to a level of detail commensurate with the
			 magnitude of the potential environmental effects;
(F) The effects of the action on the use and
			 conservation of energy resources;
(G) A description of the effects of the
			 action on archeological sites or documented sacred sites; and
(H) A discussion of the short-term and
			 long-term economic, social and environmental costs and benefits of the action,
			 including a comparison of benefits and costs for reasonable alternatives. This
			 comparative analysis shall explicitly state and evaluate non- quantifiable
			 benefits and costs and, when reasonably available, quantitative benefits and
			 costs.
(7) A summary of
			 the comments received pursuant to section
			 22a-1a-6
			 of the CEPA regulations and the sponsoring agency's response to such comments
			 to the extent such comments were not already addressed in the post-scoping
			 notice;
(8) The comments received
			 pursuant to section
			 22a-1a-6
			 of the CEPA regulations in an appendix to the environmental impact evaluation
			 or information from the sponsoring agency regarding the physical or electronic
			 availability of the complete set of comments; and
(9) Any other requirements of section
			 22a-1b(c) of the Act.