CT
Connecticut Senate Bill SB00254

Connecticut 2012 Regular Session

Connecticut Senate Bill SB00254 Compare Versions

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1-Substitute Senate Bill No. 254
1+General Assembly Substitute Bill No. 254
2+February Session, 2012 *_____SB00254ENV___032612____*
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3-Special Act No. 12-7
4+General Assembly
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5-AN ACT CONCERNING SOURCES OF REVENUE FOR THE REMEDIATION OF THE RAYMARK SUPERFUND SITE.
6+Substitute Bill No. 254
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8+February Session, 2012
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10+*_____SB00254ENV___032612____*
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12+AN ACT RESTRICTING THE APPLICATION OF FERTILIZERS THAT CONTAIN PHOSPHATE.
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714 Be it enacted by the Senate and House of Representatives in General Assembly convened:
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9-Section 1. (Effective October 1, 2012) Not later than February 1, 2013, the Department of Energy and Environmental Protection, in accordance with the provisions of section 11-4a of the general statutes, shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to the environment on any private or public source of revenue that may be available for the purpose of remediating the Raymark Superfund site in the town of Stratford. Such report shall include, but not be limited to, a listing of such sources of revenue, the amount of funds potentially available from such sources of revenue, the requirements for obtaining funding from such sources of revenue, the department's recommendations concerning the pursuit of such sources of revenue, the reasons for such recommendations and a proposed timeline for pursuing funding from any such sources.
16+Section 1. (NEW) (Effective October 1, 2012) (a) For the purposes of this section:
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18+(1) "Established lawn" means any area of ground that is covered with any species of grass for two or more growing seasons and that is customarily kept mowed;
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20+(2) "Golf course" means an area solely designated for the play or practice of the game of golf, including, but not limited to, surrounding grounds, trees and ornamental beds; and
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22+(3) "Organic lawn fertilizer" means fertilizer made from materials derived from either plant or animal products containing naturally occurring phosphorus.
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24+(b) Notwithstanding chapter 427a of the general statutes, no person shall apply fertilizer, as defined in section 22-111b of the general statutes, that contains phosphate to an established lawn, except when: (1) A soil test approved by the Commissioner of Agriculture and performed within the previous one hundred eighty days indicates the soil is lacking in phosphorus and fertilizer containing phosphate is needed for the growth of such lawn, or (2) such fertilizer containing phosphate is used for establishing new grass or repairing such lawn with seed or sod.
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26+(c) The provisions of this section shall not apply to: (1) Property classified as agricultural land, as defined in section 22-26bb of the general statutes, (2) a golf course, or (3) the application of organic lawn fertilizer.
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28+(d) Notwithstanding subsection (b) of this section, no person shall apply any fertilizer, as defined in section 22-111b of the general statutes, that contains phosphate to any lawn during the period beginning November fifteenth and ending March fifteenth of the following year.
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30+(e) Notwithstanding chapters 427a and 441 of the general statutes and subsections (b) and (d) of this section, no person shall apply any fertilizer, as defined in section 22-111b of the general statutes, that contains phosphate to any portion of a lawn that is located twenty feet or less from any brook, stream, river, lake, pond, sound or any other body of water.
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32+(f) On and after October 1, 2012, any person who sells fertilizer, as defined in section 22-111b of the general statutes, in a retail establishment, shall separately display fertilizer products that contain phosphate from fertilizer products that do not contain phosphate. Such person shall post a sign at the point of sale for such fertilizer products that states the following: "PHOSPHATE RUNOFF CAN POSE A THREAT TO WATER QUALITY. CONNECTICUT LAW PROHIBITS: (1) THE APPLICATION OF FERTILIZER THAT CONTAINS PHOSPHATE TO AN ESTABLISHED LAWN, SUBJECT TO CERTAIN EXCEPTIONS, (2) THE APPLICATION OF FERTILIZER THAT CONTAINS PHOSPHATE TO ANY LAWN FROM NOVEMBER FIFTEENTH THROUGH MARCH FIFTEENTH, AND (3) THE APPLICATION OF FERTILIZER THAT CONTAINS PHOSPHATE TO ANY PORTION OF A LAWN THAT IS LOCATED WITHIN TWENTY FEET OF ANY BODY OF WATER.". Such sign shall be readily visible to consumers of fertilizer at such retail establishment and shall be printed in black lettering not less than thirty-eight-point type size upon a white background.
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34+(g) The Commissioner of Agriculture may adopt regulations, in accordance with chapter 54 of the general statutes, to implement the provisions of this section.
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36+(h) Any person who violates subsection (b), (d), (e) or (f) of this section shall be assessed a civil penalty by the Commissioner of Agriculture of five hundred dollars.
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38+Sec. 2. Subsection (c) of section 22a-478 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
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40+(c) The funding of an eligible water quality project shall be pursuant to a project funding agreement between the state, acting by and through the commissioner, and the municipality undertaking such project and shall be evidenced by a project fund obligation or grant account loan obligation, or both, or an interim funding obligation of such municipality issued in accordance with section 22a-479. A project funding agreement shall be in a form prescribed by the commissioner. Eligible water quality projects shall be funded as follows:
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42+(1) A nonpoint source pollution abatement project shall receive a project grant of seventy-five per cent of the cost of the project determined to be eligible by the commissioner.
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44+(2) A combined sewer project shall receive (A) a project grant of fifty per cent of the cost of the project, and (B) a loan for the remainder of the costs of the project, not exceeding one hundred per cent of the eligible water quality project costs.
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46+(3) A construction contract eligible for financing awarded by a municipality on or after July 1, [1999] 2012, as a project undertaken for [nitrogen] nutrient removal shall receive a project grant of thirty per cent of the cost of the project associated with [nitrogen] nutrient removal, a twenty per cent grant for the balance of the cost of the project not related to [nitrogen] nutrient removal, and a loan for the remainder of the costs of the project, not exceeding one hundred per cent of the eligible water quality project costs. [Nitrogen] Nutrient removal projects under design or construction on July 1, [1999] 2012, and projects that have been constructed but have not received permanent, Clean Water Fund financing, on July 1, [1999] 2012, shall be eligible to receive a project grant of thirty per cent of the cost of the project associated with [nitrogen] nutrient removal, a twenty per cent grant for the balance of the cost of the project not related to [nitrogen] nutrient removal, and a loan for the remainder of the costs of the project, not exceeding one hundred per cent of the eligible water quality project costs.
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48+(4) If supplemental federal grant funds are available for Clean Water Fund projects specifically related to the clean-up of Long Island Sound that are funded on or after July 1, [2003] 2012, a distressed municipality, as defined in section 32-9p, may receive a combination of state and federal grants in an amount not to exceed fifty per cent of the cost of the project associated with [nitrogen] nutrient removal, a twenty per cent grant for the balance of the cost of the project not related to [nitrogen] nutrient removal, and a loan for the remainder of the costs of the project, not exceeding one hundred per cent of the allowable water quality project costs.
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50+(5) A municipality with a water pollution control project, the construction of which began on or after July 1, 2003, which has (A) a population of five thousand or less, or (B) a population of greater than five thousand which has a discrete area containing a population of less than five thousand that is not contiguous with the existing sewerage system, shall be eligible to receive a grant in the amount of twenty-five per cent of the design and construction phase of eligible project costs, and a loan for the remainder of the costs of the project, not exceeding one hundred per cent of the eligible water quality project costs.
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52+(6) Any other eligible water quality project shall receive (A) a project grant of twenty per cent of the eligible cost, and (B) a loan for the remainder of the costs of the project, not exceeding one hundred per cent of the eligible project cost.
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54+(7) Project agreements to fund eligible project costs with grants from the Clean Water Fund that were executed during or after the fiscal year beginning July 1, 2003, shall not be reduced according to the provisions of the regulations adopted under section 22a-482.
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56+(8) On or after July 1, 2002, an eligible water quality project that exclusively addresses sewer collection and conveyance system improvements may receive a loan for one hundred per cent of the eligible costs provided such project does not receive a project grant. Any such sewer collection and conveyance system improvement project shall be rated, ranked, and funded separately from other water pollution control projects and shall be considered only if it is highly consistent with the state's conservation and development plan, or is primarily needed as the most cost effective solution to an existing area-wide pollution problem and incorporates minimal capacity for growth.
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58+(9) All loans made in accordance with the provisions of this section for an eligible water quality project shall bear an interest rate of two per cent per annum. The commissioner may allow any project fund obligation, grant account loan obligation or interim funding obligation for an eligible water quality project to be repaid by a borrowing municipality prior to maturity without penalty.
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63+This act shall take effect as follows and shall amend the following sections:
64+Section 1 October 1, 2012 New section
65+Sec. 2 from passage 22a-478(c)
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67+This act shall take effect as follows and shall amend the following sections:
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69+Section 1
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71+October 1, 2012
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73+New section
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75+Sec. 2
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77+from passage
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79+22a-478(c)
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83+ENV Joint Favorable Subst.
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85+ENV
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87+Joint Favorable Subst.