Sec.22a-1a-8. Environmental Impact Evaluations

(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.

(g) An environmental impact statement or environmental assessment prepared pursuant to the National Environmental Policy Act for a joint federal and state action shall satisfy the requirements of this section provided that such environmental impact statement or environmental assessment provides the information required by subsection (f) of this section, and is circulated for review in accordance with section 22a-1a-9 of the CEPA regulations.

(Effective November 6, 1978; Amended September 9, 2019)