General Assembly Substitute Bill No. 6400
January Session, 2011 *_____HB06400PD____050911____*
General Assembly
Substitute Bill No. 6400
January Session, 2011
*_____HB06400PD____050911____*
AN ACT CONCERNING LICENSURE OF STORMWATER PROFESSIONALS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective from passage) (a) As used in this section:
(1) "Stormwater professional" means a person who is qualified by reason of specialized knowledge, as specified in subsection (d) of this section, to engage in activities associated with the planning, design and engineering of a stormwater pollution abatement facility including the rendering or offering to render to clients professional services in connection with the planning, design and engineering of a stormwater pollution abatement facility;
(2) "Stormwater" means waters consisting of rainfall runoff, including snow or ice melt during a rain event;
(3) "Pollution abatement facility" has the same meaning as provided in section 22a-423 of the general statutes; and
(4) "Commissioner" means the Commissioner of Environmental Protection or the commissioner's designated agent.
(b) (1) There shall be a State Board of Examiners of Stormwater Professionals within the Department of Environmental Protection. The board shall consist of eleven members. One member, who shall be the chairperson of the board, shall be the Commissioner of Environmental Protection, or his or her designee. The Governor shall appoint the other ten members of the board who shall consist of the following: (A) Six members shall be licensed stormwater professionals or, prior to the publication by the board of the first roster of licensed stormwater professionals, persons on the list maintained by the commissioner pursuant to subsection (g) of this section, including at least four having civil engineering expertise and who are licensed professional engineers; (B) two members who are active members of an organization that promotes the protection of the environment; and (C) two members who are active members of an organization that promotes business.
(2) The members of the board shall administer the provisions of this section as to licensure and issuance, reissuance, suspension or revocation of licenses concerning stormwater professionals.
(3) The Governor may remove any member of the board for misconduct, incompetence or neglect of duty. The members of the board shall receive no compensation for their services but shall be reimbursed for necessary expenses incurred in the performance of their duties. The board shall keep a true and complete record of all its proceedings.
(c) The commissioner shall receive and account for all moneys received under the provisions of this section and shall deposit such moneys in the General Fund. The board shall keep a register of all applications for licenses and the actions taken by the board thereon. A roster showing the names of all licensees shall be prepared by January first of each year. A copy of such roster shall be placed on file in the Office of the Secretary of the State.
(d) The board shall authorize the commissioner to issue a license under this section to any person who demonstrates to the satisfaction of the board that such person: (1) (A) Has for a minimum of eight years engaged in the planning, design and engineering of stormwater pollution abatement facilities, including a minimum of four years in responsible charge of the planning, design and engineering of stormwater pollution abatement facilities, and holds a bachelor's or advanced degree from an accredited college or university in a related science or related engineering field or is a professional engineer licensed in accordance with chapter 391 of the general statutes, or (B) has for a minimum of fourteen years engaged in the planning, design and engineering of stormwater pollution abatement facilities, including a minimum of seven years in responsible charge of planning, design and engineering of stormwater pollution abatement facilities; (2) has successfully passed a written examination, or a written and oral examination, prescribed by the board and approved by the commissioner, which shall test the applicant's knowledge of the physical and environmental sciences applicable to the planning, design and engineering of stormwater pollution abatement facilities that comply with regulations adopted by the commissioner under sections 22a-430 and 22a-430b of the general statutes, and any other applicable guidelines or regulations as may be adopted by the commissioner; and (3) has paid an examination fee of two hundred thirty-five dollars to the commissioner. In considering whether a degree held by an applicant for such license qualifies for the educational requirements under this section, the board may consider all undergraduate, graduate, postgraduate and other courses completed by the applicant.
(e) A licensed stormwater professional shall pay to the commissioner an annual fee of two hundred fifty dollars, due and payable on July first of every year, beginning with the July first of the calendar year immediately following the year of license issuance.
(f) The board may conduct investigations concerning the conduct of any licensed stormwater professional. The commissioner may conduct random audits of any actions performed by a licensed stormwater professional. The board shall authorize the commissioner to: (1) Revoke the license of any stormwater professional; (2) suspend the license of any stormwater professional; (3) impose any other sanctions that the board deems appropriate; or (4) deny an application for such licensure if the board, after providing such professional or applicant with notice and an opportunity to be heard concerning such revocation, suspension, other sanction or denial, finds that such professional or applicant has submitted false or misleading information to the board or has engaged in professional misconduct including, without limitation, knowingly or recklessly making a false verification that a stormwater pollution abatement facility plan meets the requirements of any stormwater regulations or general permit or violating any provision of this section or regulations adopted under the provisions of this section.
(g) The board shall hold the first examination pursuant to this section not later than eighteen months after the effective date of this section, and shall publish the first roster of licensed stormwater professionals not later than six months after the date of such examination. Until such time as the board publishes the first roster of licensed stormwater professionals, any individual who (1) has for a minimum of eight years engaged in the planning, design and engineering of a stormwater pollution abatement facility, including a minimum of four years in responsible charge of the planning, design and engineering of a stormwater pollution abatement facility, (2) holds a bachelor's or advanced degree from an accredited college or university in a related science or related engineering field or is a professional engineer licensed in accordance with chapter 391 of the general statutes, and (3) pays a registration fee of two hundred fifty dollars may apply to the commissioner to be placed on a list of stormwater professionals. Any individual on such list may perform any duties performed by a licensed stormwater professional until such time as the first roster of licensed stormwater professionals is published by the board.
(h) Nothing in this section shall be construed to authorize a licensed stormwater professional to engage in any profession or occupation requiring a license under any other provision of the general statutes without such license.
(i) Any licensed stormwater professional, or prior to the first roster of licensed stormwater professionals, any individual authorized under subsection (g) of this section, may verify to the commissioner that a stormwater permit application complies with the applicable stormwater regulations adopted under section 22a-430 of the general statutes, stormwater general permit requirements adopted pursuant to section 22a-430b of the general statutes, or the soil and erosion sediment control regulations of the municipality where the proposed activity is to take place. Within thirty days of receipt of a stormwater permit application accompanied by such verification, the commissioner shall issue any required public notice regarding the pendency of such application. Such verification by a licensed stormwater professional, or, prior to the first roster of licensed stormwater professionals, any individual authorized under subsection (g) of this section, shall be accepted by the commissioner unless (1) the licensed stormwater professional, or prior to the first roster of licensed stormwater professionals, any individual authorized under subsection (g) of this section, is the subject of an investigation under subsection (f) of this section; (2) such verification is the subject of a random audit under subsection (f) of this section; or (3) after any required public hearing is held on the verified stormwater permit application, the commissioner determines that the applicable stormwater regulations adopted under section 22a-430 of the general statutes, stormwater general permit requirements adopted pursuant to section 22a-430b of the general statutes, or the soil and erosion sediment control regulations of the municipality where the proposed activity is to take place have not been met.
(j) Notwithstanding any other provision of chapters 124, 124b, 126, 126a and 440 of the general statutes, any licensed stormwater professional, or prior to the first roster of licensed stormwater professional, any individual authorized under subsection (g) of this section, may verify to a municipal zoning commission, planning commission, planning and zoning commission, inland wetland agency, or such commission's or agency's agent, that a permit application submitted to such commission or agency complies with the commission's or agency's applicable soil and erosion sediment control regulations. Such verification by a licensed stormwater professional, or, prior to the first roster of licensed stormwater professionals, any individual authorized under subsection (g) of this section, shall be accepted by the commission or agency, or its authorized agent, unless the licensed stormwater professional, or prior to the first roster of licensed stormwater professionals, any individual authorized under subsection (g) of this section, is the subject of an investigation by the commissioner under subsection (f) of this section.
(k) The commissioner, with the advice and assistance of the board, may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, prescribing (1) professional ethics and conduct appropriate to establish and maintain a high standard of integrity in the practice of a stormwater professional, (2) rules for the conduct of the board's affairs, (3) requirements for the examination of applicants for licenses, and (4) rules pertaining to the design and use of seals by licensees under this section and governing the license issuance and renewal process, including, but not limited to, procedures for allowing the renewal of licenses when an application is submitted not later than six months after the expiration of the license without the applicant having to take the examination required under subsection (d) of this section.
Sec. 2. (NEW) (Effective from passage) The Commissioner of Environmental Protection may review any impact to species listed under chapter 495 of the general statutes, or such species' habitat, for any stormwater permit application made under section 22a-430 or 22a-430b of the general statutes or any certification provided by the commissioner under Section 401 of the federal Clean Water Act by a private applicant or for a private activity, only if such private applicant's proposed activity is receiving state funds in excess of one million dollars.
This act shall take effect as follows and shall amend the following sections:
Section 1 from passage New section
Sec. 2 from passage New section
This act shall take effect as follows and shall amend the following sections:
Section 1
from passage
New section
Sec. 2
from passage
New section
CE Joint Favorable Subst.
PD Joint Favorable
CE
Joint Favorable Subst.
PD
Joint Favorable