By ALAINE GRIFFIN
The Hartford Courant
March 31, 2009
Supporters
of a $33 million expansion of Waterbury-Oxford Airport have found a way
to keep alive controversial legislation that would exempt the airport
from stringent environmental review.
Language that would help the airport skirt the requirements of the
Connecticut Environmental Policy Act is now buried in an unusual place
— legislation backed by environmentalists that would require stronger
regulation of certain poorly performing sewage systems.
Environmental groups say that the newly crafted bill is a classic
legislative "rat" — a bill or an amendment slipped in quietly to favor
a friend or special interest. They worry that measures touted for their
economic development and job creation potential in these tough economic
times will trump environmental concerns.
"The [Connecticut Environmental Policy Act] laws are meant to protect
the environment, not to undercut our economy," said Christopher Phelps
of Environment Connecticut, one of seven environmental groups opposed
to the exemption. "Bills like this 'rat' really go in the wrong
direction, creating this false conflict between the environment and the
economy."
Sen. Edward Meyer, D-Guilford, co-chairman of the legislature's
environment committee, said that economic development was a major
factor in the committee's decision to vote in favor of the exemption
for Waterbury-Oxford Airport. But he said that he doesn't expect this
decision to set a precedent.
"Yes, if this were a broader issue that helped projects skirt
environmental requirements, it would be a disaster for Connecticut,"
Meyer said. "But this is a narrow bill. I don't see us here wanting to
pollute Long Island Sound. I don't see us here supporting companies
with smokestacks emitting black smoke in the sky."
The bill's sponsors — Rep. David K. Labriola, R- Naugatuck, and Sen.
Rob Kane, R- Watertown — promoted the legislation as a way to lift
roadblocks in front of a project that could boost the local economy
with the creation of "several hundred jobs," Labriola said. The
project, which includes the construction of a new hangar, is designed
to attract corporate jets to the airport.
The Connecticut Environmental Policy Act requires state agencies to
determine what, if any, consequences state projects will have on the
environment and disclose them to the public before shovels hit the
ground. The agencies' evaluations are reviewed by the state's Office of
Policy and Management. Some projects are able to get around the law,
especially if they've already faced environmental scrutiny by other
state or federal laws or regulations.
Oxford officials asked legislators for help in getting the project on
the fast track, Labriola said. CEPA scrutiny for the airport would
delay the project for at least a year, he said.
"We are in a fiscal crisis and this would be a great boon to the town
of Oxford," Labriola said. He said that local officials are satisfied
that the project would be "safe and environmentally sound."
The state Department of Environmental Protection spoke out against the
exemption. At a February public hearing, Commissioner Gina McCarthy
said that expansion at airports could have "significant" environmental
impact, including threats to the state's endangered grassland bird
species, and more noise and light pollution.
"Without the evaluation afforded by the CEPA process, it would be
difficult to assess the impacts of allowing expanded development,"
McCarthy said.
The initial version of the exemption bill applied to development at all
state-owned airports. When OPM opposed the measure, Meyer said that the
committee killed the bill. At some point, Meyer said, OPM changed its
position and the committee inserted the exemption just for
Waterbury-Oxford Airport into the bill on the regulation of alternative
sewage systems.
"It's a normal legislative trick," Meyer said. "It's just part of the legislative process."
The committee endorsed the measure, with several members saying they
supported it because of a projected economic jolt that it could bring
to the Waterbury area.
But state Rep. Mary Mushinsky, a Democrat from Wallingford, said that
she tried but failed to get the exemption struck from the sewage system
bill. Mushinsky said that although she is not opposed to the airport
project, she favors an environmental review.
"I said to the committee that we might as well not have CEPA laws instead of pretending we have them," Mushinsky said.
"I don't think we should set up these laws and then waiver people out of them."
Copyright © 2009, The Hartford Courant