General Assembly Substitute Bill No. 829
January Session, 2011 *_____SB00829ENV___031011____*
General Assembly
Substitute Bill No. 829
January Session, 2011
*_____SB00829ENV___031011____*
AN ACT ESTABLISHING AN OPEN SPACE REGISTRY.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2011) (a) The Center for Land Use Education and Research, within the College of Agriculture and Natural Resources at The University of Connecticut, shall develop a central open space and farmland preservation registry that contains information concerning real property preserved as open space and agricultural land in this state. Such registry may contain information on property identified for preservation as open space or agricultural land. The center shall determine the scope of information contained in such registry for each property. In developing such registry, the center may consult with the Farmland Preservation Advisory Board established pursuant to section 22-26ll of the general statutes. The center may seek any funds available from federal, state or other sources for the development and maintenance of such registry. Such registry shall be made available on-line to each municipality and state agency for the purpose of monitoring, coordinating and implementing open space, farmland preservation and responsible growth goals. The Commissioner of Environmental Protection shall analyze whether such preserved open space and agricultural lands are effective in protecting all species listed as endangered, threatened or of special concern, as established in Connecticut's Comprehensive Wildlife Conservation Strategy.
(b) The Commissioner of Environmental Protection shall create and maintain a map of all preserved open space and farmland contained in the registry created pursuant to subsection (a) of this section.
(c) The Commissioner of Environmental Protection shall identify lands in this state that need to be acquired in order to protect the habitats of species of greatest conservation need, as identified in Connecticut's Comprehensive Wildlife Conservation Strategy. Said commissioner shall establish priorities for acquisition of such lands.
Sec. 2. Subsections (b) to (e), inclusive, of section 7-131e of the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage):
(b) There is established a Natural Heritage, Open Space and Watershed Land Acquisition Review Board to assist and advise the commissioner in carrying out the provisions of sections 7-131d to 7-131g, inclusive, [and] sections 23-73 to 23-79, inclusive, and section 1 of this act. Upon establishment of the review board and selection of a chairman under this section, the review board (1) shall provide comments on selection criteria, policies and procedures; (2) shall promote public participation; (3) shall provide guidance and conduct review of strategies for land protection, including strategies under section 23-8; (4) shall review and evaluate grant award policies and procedures; (5) shall make recommendations to the commissioner concerning the commissioner's duty to establish acquisition priorities pursuant to subsection (c) of section 1 of this act; and [(5)] (6) may provide comments on any application for funds not later than forty-five days after such application is submitted to the chairman. Upon establishment of the board, the commissioner shall take such comments into consideration in making any decisions regarding such grants.
(c) The review board shall consist of twenty-one members as follows: (1) The chairpersons and ranking members of the bonding subcommittee of the joint standing committee of the General Assembly having cognizance of matters relating to finance, revenue and bonding; (2) one member of the joint standing committee of the General Assembly having cognizance of matters relating to the environment, appointed by the speaker of the House of Representatives, and one member of the joint standing committee of the General Assembly having cognizance of matters relating to planning and development, appointed by the president pro tempore of the Senate, each of whom shall be ex-officio members of the board; (3) the Secretary of the Office of Policy and Management, or his designee; (4) a representative of the business community and a person experienced in issues relating to access to public facilities by persons with disabilities, appointed by the Governor; (5) one representative from an investor-owned water utility, appointed by the minority leader of the Senate; (6) one representative from a municipal water utility, appointed by the minority leader of the House of Representatives; (7) one representative from a regional water utility, appointed by the minority leader of the Senate; (8) one representative who is a realtor or attorney with a minimum of five years experience in real estate transfers, appointed by the speaker of the House of Representatives; one representative with a minimum of five years experience in the construction industry or land development, appointed by the president pro tempore of the Senate; (9) two representatives of interest groups primarily concerned with the conservation of river watershed regions, appointed one each by the majority leaders of the House of Representatives and the Senate; (10) three representatives from nonprofit organizations primarily concerned with environmental protection or natural resource conservation with a minimum of five years experience in land conservation and acquisition, appointed one each by the Governor, the speaker of the House of Representatives and the president pro tempore of the Senate; and (11) one chief elected official of a town with a population less than twenty thousand and one chief elected official of a town with a population greater than twenty thousand, appointed by the Governor. The members, other than the members described in subdivisions (1), (2) and (3) of this subsection, shall serve terms of three years provided the terms of the members described in subdivisions (4) to (8), inclusive, of this subsection who are appointed in the year after July 1, 1998, shall expire on October 1, 1999, and further provided the terms of the members described in subdivisions (9) to (11), inclusive, of this subsection shall expire on October 1, 2000. The board shall elect a chairman from among its members and shall make such election on or before October 1, 1998. Members of the board shall serve until reappointed or replaced.
(d) The board shall meet not less than once per calendar quarter.
[(d)] (e) Annually, on or before February fifteenth, the board shall submit a report regarding grant awards made in the previous calendar year and any findings and recommendations regarding the open space and watershed land acquisition program, [and] the recreation and natural heritage trust program established under section 23-73 and the commissioner's duty to establish acquisition priorities pursuant to subsection (c) of section 1 of this act to the General Assembly.
[(e)] (f) There is established an open space and watershed land acquisition account within the General Fund which shall consist of any funds required or allowed by law to be deposited into the account including, but not limited to, gifts or donations received for the purposes of section 7-131d. Investment earnings credited to the assets of the account shall become part of the assets of the account. Any balance remaining in the account at the end of any fiscal year shall be carried forward in the account for the fiscal year next succeeding. Payments from the account shall be made upon authorization by the Commissioner of Environmental Protection. Neither the proceeds of any general obligation bonds of the state nor the investment earnings of any such proceeds shall be deposited in the account. The Commissioner of Environmental Protection may use funds in the account for purposes of section 7-131d.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2011 New section
Sec. 2 from passage 7-131e(b) to (e)
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2011
New section
Sec. 2
from passage
7-131e(b) to (e)
ENV Joint Favorable Subst.
ENV
Joint Favorable Subst.