CT
Connecticut House Bill HB05871

Connecticut 2017 Regular Session

Connecticut House Bill HB05871 Compare Versions

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1-General Assembly Substitute Bill No. 5871
2-January Session, 2017 *_____HB05871ENV___032117____*
1+General Assembly Committee Bill No. 5871
2+January Session, 2017 LCO No. 4801
3+ *04801HB05871ENV*
4+Referred to Committee on ENVIRONMENT
5+Introduced by:
6+(ENV)
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48 General Assembly
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6-Substitute Bill No. 5871
10+Committee Bill No. 5871
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812 January Session, 2017
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10-*_____HB05871ENV___032117____*
14+LCO No. 4801
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12-AN ACT PROVIDING FUNDING FOR SOIL AND WATER CONSERVATION DISTRICTS.
16+*04801HB05871ENV*
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18+Referred to Committee on ENVIRONMENT
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20+Introduced by:
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22+(ENV)
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24+AN ACT AUTHORIZING FEES BY CONSERVATION DISTRICTS.
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1426 Be it enacted by the Senate and House of Representatives in General Assembly convened:
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16-Section 1. Section 22a-27j of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
28+Section 1. Section 22a-315 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
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18-(a) Any person, firm or corporation, other than a municipality, making an application for any approval required by chapters 124, 126, 440 and 444 or by regulations adopted pursuant to said chapters shall pay a fee of twenty dollars, in addition to any other fee which may be required, to the municipal agency or legislative body which is authorized to approve the application. On and after October 1, 2009, the fee shall be sixty dollars. Such municipal agency or legislative body shall collect such fees, retaining [two] four dollars of each such fee for administrative costs, and shall pay thirty dollars of each such fee to the Council on Soil and Water Conservation, established pursuant to section 22a-315, on a quarterly basis, and pay the remainder of each such [fees quarterly] fee, on a quarterly basis, to the Department of Energy and Environmental Protection [and the receipts shall be deposited] for deposit into the General Fund. All fees received by the Council on Soil and Water Conservation pursuant to this section shall be used by such council to equally fund the work of each soil and water conservation district established pursuant to section 22a-315.
30+(a) In order to assist the Commissioner of Energy and Environmental Protection in identifying and remedying the problems of soil and water erosion, the commissioner shall, by regulation, establish soil and water conservation districts and boards. Such boards shall advise him on matters of soil and water conservation, erosion and sedimentation control and shall assist him in implementing programs concerning such matters. Such regulations shall (1) establish geographic boundaries for each district, (2) establish procedures for the selection, by the residents in each district, of a board of supervisors for each district, and (3) provide operating procedures for such boards of such districts. Such regulations shall be adopted pursuant to chapter 54.
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20-(b) Not later than three months following the close of each fiscal year starting with the fiscal year beginning July 1, 2000, the Department of Energy and Environmental Protection shall identify those municipalities that are not in compliance with subsection (a) of this section for the previous fiscal year and shall provide the Office of Policy and Management with a list of such municipalities. The list shall be submitted annually and in such manner as the Office of Policy and Management may require. The Office of Policy and Management, when issuing the first payment from the Mashantucket Pequot and Mohegan Fund established pursuant to section 3-55i, in the fiscal year during which said list is received, shall reduce said payment to a municipality by one thousand dollars for each quarter of the preceding fiscal year that the municipality has not been in compliance with subsection (a) of this section to a maximum of four thousand dollars in each fiscal year.
32+(b) The commissioner by regulation pursuant to chapter 54, may authorize such boards to (1) develop soil and water conservation, erosion and sedimentation control programs, priorities and workplans; (2) provide, by agreement, for technical assistance from cooperating state and federal agencies to municipal and regional agencies and to landowners; (3) receive funds, by transfer, grant or otherwise from the commissioner, including grants pursuant to section 22a-317, or by donation or subscription from private sources, and expend such funds without regard to the provisions of chapter 50; (4) use or provide for the use of state equipment made available pursuant to section 22a-316; (5) enter into contracts and employ consultants and other assistants on a contract basis or other basis for rendering legal, financial, technical or other assistance and duties to carry out the purposes of this chapter; [and] (6) acquire property by purchase, lease, gift or otherwise and to hold such property in the name of the district; and (7) establish service fees payable to such districts for technical assistance provided by such districts to municipal and regional agencies and private landowners in connection with nonpoint source water pollution prevention, site plan reviews and soil erosion and sedimentation consulting services, provided any such fee for a municipal or regional agency shall not be greater than two-thirds of the amount of such fee for any private land owner and all such fees shall be made available to such conservation district for performance of such district's functions as provided in this section and any regulation adopted pursuant to the provisions of this section.
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22-(c) Following the close of each fiscal year starting with the fiscal year beginning July 1, 2014, the Secretary of the Office of Policy and Management shall certify to the Comptroller the amount of any funds withheld under subsection (b) of this section and the Comptroller shall cause such amount to be deposited into the General Fund.
34+(c) The commissioner may, by regulation, adopted pursuant to chapter 54, establish a council to coordinate the activities of such boards of such districts with the activities of the Department of Energy and Environmental Protection and other state, regional and local agencies and propose regulations to said department in matters of soil and water erosion conservation and to advise and assist the commissioner in conserving and protecting the land, water and other natural resources of the state. The council shall be within the Department of Energy and Environmental Protection for administrative purposes only. Such council shall consist of nine members, five representing the soil and water conservation districts to be selected by each of the five districts' boards, the Commissioner of Energy and Environmental Protection or a designee, the Commissioner of Agriculture, or a designee, a representative of a nongovernmental organization appointed by the Governor and a representative of The University of Connecticut's cooperative extension system. In addition, the council shall include, but not be limited to, the following at-large nonvoting members: The State Conservationist or designee of the Natural Resource Conservation Service, the director of the Connecticut Agricultural Experiment Station or a designee, the director of the Storrs Agricultural Experiment Station or a designee, municipal staff representatives responsible for erosion and sedimentation control, the State Committee Chairman of the Farm Services Agency and a council member of a resource conservation and development area. The commissioner shall have the authority to receive funds from any source on behalf of the council and shall expend such funds with the advice and consent of the council for equipment, supplies, and such full-time and part-time staff and consultants as may be necessary to carry out the council's duties and any other at-large, nonvoting members who have expertise to support the duties of the council.
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36+(d) The council may receive funds from any source and expend such funds for equipment, supplies, staff and consultants as may be necessary to carry out its duties. The council shall distribute funds for program activities after a vote in which the members representing the boards of the soil and water conservation districts shall collectively have one vote. The council may employ an executive director who shall not be subject to the provisions of chapter 67. The council may seek funding and provide financial support to boards of soil and water conservation districts and other organizations for activities contributing to soil and water conservation. The council may adopt and amend by a majority vote such bylaws as it deems necessary to conduct its business.
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38+(e) Prior to the promulgation of any regulations by the commissioner pursuant to subsections (a) and (b) of this section, such proposed regulations shall first be approved by a majority of said council.
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40+(f) For the purposes of this section, soil and water conservation districts or boards shall not be considered state agencies or political or administrative subdivisions of the state.
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2745 This act shall take effect as follows and shall amend the following sections:
28-Section 1 July 1, 2017 22a-27j
46+Section 1 October 1, 2017 22a-315
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3048 This act shall take effect as follows and shall amend the following sections:
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3250 Section 1
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34-July 1, 2017
52+October 1, 2017
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36-22a-27j
54+22a-315
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56+Statement of Purpose:
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58+To enable soil and water conservation districts to establish fees for the technical assistance services they provide to municipal and regional agencies and private landowners.
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60+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]
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40-ENV Joint Favorable Subst.
64+Co-Sponsors: REP. MUSHINSKY, 85th Dist.
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42-ENV
66+Co-Sponsors:
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44-Joint Favorable Subst.
68+REP. MUSHINSKY, 85th Dist.
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70+H.B. 5871