Connecticut 2019 Regular Session

Connecticut Senate Bill SB00998 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00998-R01-
4		-	SB.docx
5		-	1 of 21
	3	+	LCO No. 5133 1 of 21
6	4
7		-	General Assembly ~~Substitute~~ Bill No. 998
	5	+	General Assembly Raised Bill No. 998
8	6		January Session, 2019
	7	+	LCO No. 5133
9	8
	9	+
	10	+	Referred to Committee on ENVIRONMENT
	11	+
	12	+
	13	+	Introduced by:
	14	+	(ENV)
10	15
11	16
12	17
13	18
14	19		AN ACT CONCERNING MI NOR REVISIONS TO ENVIRONMENT
15	20		RELATED STATUTES.
16	21		Be it enacted by the Senate and House of Representatives in General
17	22		Assembly convened:
18	23
19	24		Section 1. Subsections (d) and (e) of section 15-154 of the general 1
20	25		statutes are repealed and the following is substituted in lieu thereof 2
21	26		(Effective from passage): 3
22		-	(d) Upon the immediate approach of a law enforcement vessel ~~using~~ 4
23		-	an audible signal device [and] or flashing blue lights or a fire ~~rescue~~ 5
24		-	vessel using an audible signal device [and] or flashing red or ~~yellow~~ 6
25		-	lights, any person operating a vessel shall immediately slow to ~~a speed~~ 7
26		-	sufficient to maintain steerage only, shall alter course, within ~~its~~ 8
27		-	ability, so as not to inhibit or interfere with the operation of the law 9
	27	+	(d) Upon the immediate approach of a law enforcement vessel 4
	28	+	using an audible signal device [and] or flashing blue lights or a fire 5
	29	+	rescue vessel using an audible signal device [and] or flashing red or 6
	30	+	yellow lights, any person operating a vessel shall immediately slow to 7
	31	+	a speed sufficient to maintain steerage only, shall alter course, within 8
	32	+	its ability, so as not to inhibit or interfere with the operation of the law 9
28	33		enforcement vessel or fire rescue vessel, and shall proceed, unless 10
29	34		otherwise directed by an officer in the law enforcement vessel or fire 11
30	35		rescue vessel, at a reduced speed until beyond the area of operation of 12
31	36		the law enforcement vessel or fire rescue vessel. Any person operating 13
32	37		a vessel who wilfully or negligently obstructs or retards any law 14
33		-	enforcement or fire rescue vessel answering an emergency call or in 15
	38	+	enforcement or fire rescue vessel answering an emergency call or in 15 Raised Bill No. 998
	39	+
	40	+
	41	+
	42	+	LCO No. 5133 2 of 21
	43	+
34	44		pursuit of fleeing law violators shall be fined not more than two 16
35	45		hundred fifty dollars. 17
36		-	(e) Any person operating a vessel passing within two hundred feet 18 Substitute Bill No. 998
37		-
38		-
39		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00998-
40		-	R01-SB.docx }
41		-	2 of 21
42		-
	46	+	(e) Any person operating a vessel passing within two hundred feet 18
43	47		of a stationary law enforcement vessel using an audible signal device 19
44	48		[and] or flashing blue lights or a stationary fire rescue vessel using 20
45	49		flashing red or yellow lights shall reduce speed to a speed of slow-no-21
46	50		wake until there is a distance of more than two hundred feet between 22
47	51		such person's vessel and the law enforcement vessel or fire rescue 23
48	52		vessel. For purposes of this subsection, "slow-no-wake" means 24
49	53		operation of a vessel at a speed that does not produce more than a 25
50	54		minimum wake and is not greater than six miles per hour over ground, 26
51	55		unless a higher minimum speed is necessary to maintain steerage 27
52	56		when traveling with a strong current. 28
53	57		Sec. 2. Subsection (b) of section 22a-6o of the general statutes is 29
54	58		repealed and the following is substituted in lieu thereof (Effective from 30
55	59		passage): 31
56	60		(b) The applicant or licensee and the proposed transferee shall 32
57	61		register any such proposed transfer of an application for a license or a 33
58	62		license, as applicable, with the commissioner within thirty days of the 34
59	63		transfer of ownership of the facility for which the license is sought or 35
60	64		has been issued. Such registration shall be on forms to be prescribed by 36
61	65		the commissioner and accompanied by a fee established by the 37
62	66		commissioner to cover costs of processing the transfer of the 38
63	67		application for a license or the license, as applicable. Upon receipt of a 39
64	68		registration of a proposed transfer of an application for a license or a 40
65	69		license pursuant to this section, if the commissioner determines that 41
66	70		the transferee is able to comply with the terms and conditions of the 42
67	71		application for a license or license, as applicable, the commissioner 43
68	72		shall send a notice to the applicant for a license or the licensee, as 44
69	73		applicable, and the proposed transferee which confirms the 45
70	74		registration and acknowledges the applicability of the application for a 46
71	75		license or license to the transferee. The commissioner may include in 47
72		-	such transferred license any new conditions as may be necessary to 48
	76	+	such transferred license any new conditions as may be necessary to 48 Raised Bill No. 998
	77	+
	78	+
	79	+
	80	+	LCO No. 5133 3 of 21
	81	+
73	82		enable the transferee to comply with the original terms and conditions 49
74	83		of the license. 50
75		-	Sec. 3. Subsections (c) and (d) of section 22a-58 of the general 51 Substitute Bill No. 998
76		-
77		-
78		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00998-
79		-	R01-SB.docx }
80		-	3 of 21
81		-
	84	+	Sec. 3. Subsections (c) and (d) of section 22a-58 of the general 51
82	85		statutes are repealed and the following is substituted in lieu thereof 52
83	86		(Effective from passage): 53
84	87		(c) Private applicators shall maintain a record with respect to each 54
85	88		use of restricted use pesticides, which shall include, but not be limited 55
86	89		to, the following information: (1) The name of the applicator, (2) the 56
87	90		kind and amount of pesticide used, (3) the date and place of 57
88	91		application, and (4) the crop or site treated and the amount of acreage 58
89	92		treated. [A copy of the record shall be submitted to the commissioner 59
90	93		on or before January thirty-first for the preceding calendar year in 60
91	94		which the application was made.] Such record shall be: (A) Compiled 61
92	95		in a format that may be prescribed by the commissioner, (B) 62
93	96		maintained by the private applicator for a period of not less than five 63
94	97		years from the date the record is made, and (C) made available to the 64
95	98		commissioner upon request. 65
96	99		(d) Commercial applicators shall maintain records with respect to 66
97	100		their use of and supervision of the use of pesticides. Such records shall 67
98	101		be maintained for not less than five years after the date of application 68
99	102		and shall include, but not be limited to, the (1) name and certification 69
100	103		number of the commercial supervisor and the commercial operator, (2) 70
101	104		kind and amount of pesticide used, (3) date and place of application, 71
102	105		(4) pest treated for, and (5) crop or site treated. [A summary of the 72
103	106		items maintained under subdivisions (1) and (2) shall be submitted to 73
104	107		the commissioner on or before January thirty-first for the preceding 74
105	108		calendar year in which the application was made on such form as the 75
106	109		commissioner may prescribe.] Such records shall be: (A) Compiled in a 76
107	110		format that may be prescribed by the commissioner, (B) maintained by 77
108		-	the commercial applicator for a period of not less than five years from 78
109		-	the date such records are made, and (C) made available to the 79
110		-	commissioner upon request. 80
	111	+	the private applicator for a period of not less than five years from the 78
	112	+	date such records are made, and (C) made available to the 79
	113	+	commissioner upon request. 80 Raised Bill No. 998
	114	+
	115	+
	116	+
	117	+	LCO No. 5133 4 of 21
	118	+
111	119		Sec. 4. Section 22a-66g of the general statutes is repealed and the 81
112	120		following is substituted in lieu thereof (Effective from passage): 82
113		-	(a) A pesticide application business shall maintain records for not 83 Substitute Bill No. 998
114		-
115		-
116		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00998-
117		-	R01-SB.docx }
118		-	4 of 21
119		-
	121	+	(a) A pesticide application business shall maintain records for not 83
120	122		less than five years from the date such record is made or amended, 84
121	123		whichever is later. The record shall indicate: 85
122	124		(1) For each application of a pesticide made on behalf of the 86
123	125		business, (A) the name and certification number of the commercial 87
124	126		supervisor and the commercial operator, (B) the kind and amount of 88
125	127		pesticide used and the amount of acreage treated, if applicable, (C) the 89
126	128		date and place of application, (D) the pest treated for, and (E) the crop 90
127	129		or site treated; 91
128	130		(2) A list of the names and corresponding Environmental Protection 92
129	131		Agency registration numbers of any pesticide applied by the business; 93
130	132		and 94
131	133		(3) The name and applicator certification number of each certified 95
132	134		commercial pesticide applicator, operator or supervisory, who is an 96
133	135		employee or agent of the business, and a list of the types of 97
134	136		applications which each is performing. 98
135	137		(b) Information required under subdivision (2) of subsection (a) of 99
136	138		this section may be kept separately from the records required by 100
137	139		subdivision (1) of said subsection or may be integrated with such 101
138	140		records by including on the record of each pesticide application the full 102
139	141		name and Environmental Protection Agency registration number of 103
140	142		the pesticide used. 104
141	143		(c) All records and information required to be kept pursuant to this 105
142	144		section shall be kept at the registrant's place of business, shall be made 106
143	145		available to the commissioner upon request and may be inspected by 107
144	146		the commissioner pursuant to section 22a-59. If the registrant's place of 108
145	147		business is outside of the state, the records and information shall be 109
146	148		made available to the commissioner at a location in the state not more 110
147		-	than ten days after receipt of a request for inspection from the 111
	149	+	than ten days after receipt of a request for inspection from the 111 Raised Bill No. 998
	150	+
	151	+
	152	+
	153	+	LCO No. 5133 5 of 21
	154	+
148	155		commissioner. 112
149	156		(d) A pesticide application business shall, upon written request, 113
150		-	provide a customer with a copy of the record which is required to be 114 Substitute Bill No. 998
151		-
152		-
153		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00998-
154		-	R01-SB.docx }
155		-	5 of 21
156		-
	157	+	provide a customer with a copy of the record which is required to be 114
157	158		kept pursuant to this section and which pertains to a pesticide 115
158	159		application performed for that customer. 116
159	160		Sec. 5. Subsection (c) of section 22-11h of the general statutes is 117
160	161		repealed and the following is substituted in lieu thereof (Effective from 118
161	162		passage): 119
162	163		(c) Individual structures used for aquaculture as defined in section 120
163	164		22-11c, including, but not limited to, racks, cages or bags, as well as 121
164	165		buoys marking such structures, which [do not otherwise require] have 122
165	166		a permit under federal Army Corps of Engineers regulations and do 123
166	167		not interfere with navigation in designated or customary boating or 124
167	168		shipping lanes and channels, shall be placed in leased or designated 125
168	169		shellfish areas and shall be exempt from the requirements of sections 126
169	170		22a-359 to 22a-363f, inclusive. 127
170	171		Sec. 6. Section 22a-73 of the general statutes is repealed and the 128
171	172		following is substituted in lieu thereof (Effective from passage): 129
172	173		(a) To carry out and effectuate the purposes and policies of this 130
173	174		chapter it is the public policy of the state to encourage municipal 131
174	175		participation by means of regulation of activities causing noise 132
175	176		pollution within the territorial limits of the various municipalities. To 133
176	177		that end, any municipality may develop and establish a 134
177	178		comprehensive program of noise regulation. Such program may 135
178	179		include a study of the noise problems resulting from uses and activities 136
179	180		within its jurisdiction and its development and adoption of a noise 137
180	181		control ordinance. 138
181	182		(b) Any municipality may adopt, amend and enforce a noise control 139
182	183		ordinance which may include the following: (1) Noise levels which 140
183	184		will not be exceeded in specified zones or other designated areas; (2) 141
184		-	designation of a noise control officer and the designation of an existing 142
	185	+	designation of a noise control officer and the designation of an existing 142 Raised Bill No. 998
	186	+
	187	+
	188	+
	189	+	LCO No. 5133 6 of 21
	190	+
185	191		board or commission, or the establishment of a new board or 143
186	192		commission to direct such program; (3) implementation procedures of 144
187		-	such program and the relation of such program to other plans within 145 Substitute Bill No. 998
188		-
189		-
190		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00998-
191		-	R01-SB.docx }
192		-	6 of 21
193		-
	193	+	such program and the relation of such program to other plans within 145
194	194		the jurisdiction of the municipality; (4) procedures for assuring 146
195	195		compliance with state and federal noise regulations; (5) noise level 147
196	196		restrictions applicable to construction activities, including limitation on 148
197	197		on-site hours of operation. 149
198	198		(c) [No ordinance shall be effective until such ordinance has been 150
199	199		approved by the commissioner. No] Any such ordinance shall be 151
200	200		[approved unless it is in conformity with] at least as stringent as any 152
201	201		state noise control plan, including ambient noise standards, adopted 153
202	202		pursuant to section 22a-69 or any standards or regulations adopted by 154
203	203		the administrator of the United States Environmental Protection 155
204	204		Agency pursuant to the Noise Control Act of 1972 (P.L. 92-574) or any 156
205	205		amendment thereto. Notwithstanding the provisions of this 157
206	206		subsection, any municipality may adopt more stringent noise 158
207	207		standards than those adopted by the commissioner. [, provided such 159
208	208		standards are approved by the commissioner.] 160
209	209		Sec. 7. Section 23-53 of the general statutes is repealed and the 161
210	210		following is substituted in lieu thereof (Effective from passage): 162
211	211		The Governor on behalf of this state is authorized to enter into a 163
212	212		compact, substantially in the following form, with any one or more of 164
213	213		the states of Maine, Massachusetts, New Hampshire, New York, 165
214	214		Rhode Island and Vermont and with such other states of the United 166
215	215		States or provinces of the Dominion of Canada as may legally join 167
216	216		therein: 168
217	217		NORTHEASTERN INTERSTATE FOREST FIRE 169
218	218		PROTECTION COMPACT 170
219	219		ARTICLE I 171
220		-	The purpose of this compact is to promote effective prevention and 172
	220	+	The purpose of this compact is to promote effective prevention and 172 Raised Bill No. 998
	221	+
	222	+
	223	+
	224	+	LCO No. 5133 7 of 21
	225	+
221	226		control of forest fires in the northeastern region of the United States 173
222	227		and adjacent areas in Canada by the development of integrated forest 174
223		-	fire plans, by the maintenance of adequate forest fire fighting services 175 Substitute Bill No. 998
224		-
225		-
226		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00998-
227		-	R01-SB.docx }
228		-	7 of 21
229		-
	228	+	fire plans, by the maintenance of adequate forest fire fighting services 175
230	229		by the member states, by providing for mutual aid in fighting forest 176
231	230		fires among the states of the region and for procedures that will 177
232	231		facilitate such aid, and by the establishment of a central agency to 178
233	232		coordinate the services of member states and perform such common 179
234	233		services as member states may deem desirable. 180
235	234		ARTICLE II 181
236	235		This agreement shall become operative immediately as to those 182
237	236		states ratifying it whenever any two or more of the states of Maine, 183
238	237		New Hampshire, Vermont, Rhode Island, Connecticut, New York and 184
239	238		the Commonwealth of Massachusetts have ratified it and the Congress 185
240	239		has given its consent. Any state not mentioned in this article which is 186
241	240		contiguous with any member state may become a party to this 187
242	241		compact. Subject to the consent of the Congress of the United States, 188
243	242		any province of the Dominion of Canada which is contiguous with any 189
244	243		member state may become a party to this compact by taking such 190
245	244		action as its laws and the laws of the Dominion of Canada may 191
246	245		prescribe for ratification. In this event, the term "state" in this compact 192
247	246		shall include within its meaning the term "province" and the 193
248	247		procedures prescribed shall be applied in the instance of such 194
249	248		provinces, in accordance with the forms and practices of the Canadian 195
250	249		government. 196
251	250		ARTICLE III 197
252	251		Each state joining herein shall appoint three representatives to a 198
253	252		commission hereby designated as the Northeastern Forest Fire 199
254	253		Protection Commission. One shall be the state forester or officer 200
255	254		holding an equivalent position in such state who is responsible for 201
256	255		forest fire control. The second shall be a member of the legislature of 202
257	256		such state designated by the commission or committee on interstate 203
258		-	cooperation of such state, or if there be none, or if said commission on 204
	257	+	cooperation of such state, or if there be none, or if said commission on 204 Raised Bill No. 998
	258	+
	259	+
	260	+
	261	+	LCO No. 5133 8 of 21
	262	+
259	263		interstate cooperation cannot constitutionally designate the said 205
260	264		member, such legislator shall be designated by the governor thereof; 206
261		-	provided that if it is constitutionally impossible to appoint a legislator 207 Substitute Bill No. 998
262		-
263		-
264		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00998-
265		-	R01-SB.docx }
266		-	8 of 21
267		-
	265	+	provided that if it is constitutionally impossible to appoint a legislator 207
268	266		as a commissioner from such state, the second member shall be 208
269	267		appointed by the governor of said state in his discretion. The third 209
270	268		member shall be a person designated by the governor as the 210
271	269		responsible representative of the governor. In the event that any 211
272	270		province of the Dominion of Canada shall become a member of this 212
273	271		commission, it shall designate three members who will approximate 213
274	272		this pattern of representation to the extent possible under the law and 214
275	273		practices of such province. This commission shall be a body corporate 215
276	274		with the powers and duties set forth herein. 216
277	275		ARTICLE IV 217
278	276		It shall be the duty of the commission to make inquiry and ascertain 218
279	277		from time to time such methods, practices, circumstances and 219
280	278		conditions as may be disclosed for bringing about the prevention and 220
281	279		control of forest fires in the area comprising the member states, to 221
282	280		coordinate the forest fire plans and the work of the appropriate 222
283	281		agencies of the member states and to facilitate the rendering of aid by 223
284	282		the member states to each other in fighting forest fires. 224
285	283		The commission shall formulate and, in accordance with need, from 225
286	284		time to time, revise a regional forest fire plan for the entire region 226
287	285		covered by the compact which shall serve as a common forest fire plan 227
288	286		for that area. 228
289	287		The commission shall, more than one month prior to any regular 229
290	288		meeting of the legislature in any signatory state, present to the 230
291	289		governor and to the legislature of the state its recommendations 231
292	290		relating to enactments to be made by the legislature of that state in 232
293	291		furthering the interests and purposes of this compact. 233
294	292		The commission shall consult with and advise the appropriate 234
295	293		administrative agencies of the states party hereto with regard to 235
296		-	problems connected with the prevention and control of forest fires and 236
297		-	recommend the adoption of such regulations as it deems advisable. 237
298		-	The commission shall have power to recommend to the signatory 238 Substitute Bill No. 998
	294	+	problems connected with the prevention and control of forest fires and 236 Raised Bill No. 998
299	295
300	296
301		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00998-
302		-	R01-SB.docx }
303		-	9 of 21
304	297
	298	+	LCO No. 5133 9 of 21
	299	+
	300	+	recommend the adoption of such regulations as it deems advisable. 237
	301	+	The commission shall have power to recommend to the signatory 238
305	302		states any and all measures that will effectuate the prevention and 239
306	303		control of forest fires. 240
307	304		ARTICLE V 241
308	305		Any two or more member states may designate the Northeastern 242
309	306		Forest Fire Protection Commission as a joint agency to maintain such 243
310	307		common services as those states deem desirable for the prevention and 244
311	308		control of forest fires. Except in those cases where all member states 245
312	309		join in such designation for common services, the representatives of 246
313	310		any group of such designating states in the Northeastern Forest Fire 247
314	311		Protection Commission shall constitute a separate section of such 248
315	312		commission for the performance of the common service or services so 249
316	313		designated provided that, if any additional expense is involved, the 250
317	314		state so acting shall appropriate the necessary funds for this purpose. 251
318	315		The creation of such a section as a joint agency shall not affect the 252
319	316		privileges, powers, responsibilities or duties of the states participating 253
320	317		therein as embodied in the other articles of this compact. 254
321	318		ARTICLE VI 255
322	319		The commission may request the United States Forest Service to act 256
323	320		as the primary research and coordinating agency of the Northeastern 257
324	321		Forest Fire Protection Commission, in cooperation with the 258
325	322		appropriate agencies in each state and the United States Forest Service 259
326	323		may accept the initial responsibility in preparing and presenting to the 260
327	324		commission its recommendations with respect to the regional fire plan. 261
328	325		Representatives of the United States Forest Service may attend 262
329	326		meetings of the commission and of groups of member states. 263
330	327		ARTICLE VII 264
331	328		The commission shall annually elect from its members a chairman 265
332		-	and a vice-chairman. The commission shall appoint such officers or 266
	329	+	and a vice-chairman. The commission shall appoint such officers or 266 Raised Bill No. 998
	330	+
	331	+
	332	+
	333	+	LCO No. 5133 10 of 21
	334	+
333	335		employees as may be required to carry the provisions of this compact 267
334	336		into effect, shall fix and determine their duties, qualifications and 268
335		-	compensation, and may at its pleasure, remove or discharge any such 269 Substitute Bill No. 998
336		-
337		-
338		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00998-
339		-	R01-SB.docx }
340		-	10 of 21
341		-
	337	+	compensation, and may at its pleasure, remove or discharge any such 269
342	338		officer or employee. The commission shall adopt rules and regulations 270
343	339		for the conduct of its business. It may establish and maintain one or 271
344	340		more offices for the transaction of its business and may meet at any 272
345	341		time or place but must meet at least once a year. 273
346	342		A majority of the members of the commission representing a 274
347	343		majority of the signatory states shall constitute a quorum for the 275
348	344		transaction of its general business, but no action of the commission 276
349	345		imposing any obligation on any signatory state shall be binding unless 277
350	346		a majority of the members from such signatory state shall have voted 278
351	347		in favor thereof. For the purpose of conducting its general business, 279
352	348		voting shall be by state units. 280
353	349		The representatives of any two or more member states, upon notice 281
354	350		to the chairman as to the time and purpose of the meeting, may meet 282
355	351		as a section for the discussion of problems common to those states. 283
356	352		Sections established by groups of member states shall have the same 284
357	353		powers with respect to officers, employees and the maintenance of 285
358	354		offices as are granted by this article to the commission. Sections may 286
359	355		adopt such rules, regulations and procedures as may be necessary for 287
360	356		the conduct of their business. 288
361	357		ARTICLE VIII 289
362	358		It shall be the duty of each member state to formulate and put in 290
363	359		effect a forest fire plan for that state and to take such measures as may 291
364	360		be recommended by the commission to integrate such forest fire plan 292
365	361		with regional forest fire plan. 293
366	362		Whenever the state forest fire control agency of a member state 294
367	363		requests aid from the state forest fire control agency of any other 295
368	364		member state in combatting, controlling or preventing forest fires, it 296
369		-	shall be the duty of the state forest fire control agency of that state to 297
370		-	render all possible aid to the requesting agency which is consonant 298
371		-	with the maintenance of protection at home. 299 Substitute Bill No. 998
	365	+	shall be the duty of the state forest fire control agency of that state to 297 Raised Bill No. 998
372	366
373	367
374		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00998-
375		-	R01-SB.docx }
376		-	11 of 21
377	368
	369	+	LCO No. 5133 11 of 21
	370	+
	371	+	render all possible aid to the requesting agency which is consonant 298
	372	+	with the maintenance of protection at home. 299
378	373		Each signatory state agrees to render aid to the Forest Service or 300
379	374		other agencies of the government of the United States in combatting, 301
380	375		controlling or preventing forest fires in areas under their jurisdiction 302
381	376		located within the member state or a contiguous member state. 303
382	377		ARTICLE IX 304
383	378		Whenever the forces of any member state are rendering outside aid 305
384	379		pursuant to the request of another member state under this compact, 306
385	380		the employees of such state shall, under the direction of the officers of 307
386	381		the state to which they are rendering aid, have the same powers 308
387	382		(except the power of arrest), duties, rights, privileges and immunities 309
388	383		as comparable employees of the state to which they are rendering aid. 310
389	384		No member state or its officers or employees rendering outside aid 311
390	385		pursuant to this compact shall be liable on account of any act or 312
391	386		omission on the part of such forces while so engaged, or on account of 313
392	387		the maintenance or use of any equipment or supplies in connection 314
393	388		therewith. 315
394	389		All liability that may arise either under the laws of the requesting 316
395	390		state or under the laws of the aiding state or under the laws of a third 317
396	391		state on account of or in connection with a request for aid, shall be 318
397	392		assumed and borne by the requesting state. 319
398	393		Any member state rendering outside aid pursuant to this compact 320
399	394		shall be reimbursed by the member state receiving such aid for any 321
400	395		loss or damage to, or expense incurred in the operation of any 322
401	396		equipment answering a request for aid, and for the cost of all 323
402	397		materials, transportation, wages, salaries, and maintenance of 324
403	398		employees and equipment incurred in connection with such request. 325
404	399		Provided, that nothing herein contained shall prevent any assisting 326
405	400		member state from assuming such loss, damage, expense or other cost 327
406		-	or from loaning such equipment or from donating such services to the 328
407		-	receiving member state without charge or cost. 329
408		-	Each member state shall provide for the payment of compensation 330 Substitute Bill No. 998
	401	+	or from loaning such equipment or from donating such services to the 328 Raised Bill No. 998
409	402
410	403
411		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00998-
412		-	R01-SB.docx }
413		-	12 of 21
414	404
	405	+	LCO No. 5133 12 of 21
	406	+
	407	+	receiving member state without charge or cost. 329
	408	+	Each member state shall provide for the payment of compensation 330
415	409		and death benefits to injured employees and the representatives of 331
416	410		deceased employees in case employees sustain injuries or are killed 332
417	411		while rendering outside aid pursuant to this compact, in the same 333
418	412		manner and on the same terms as if the injury or death were sustained 334
419	413		within such state. 335
420	414		For the purposes of this compact the term employee shall include 336
421	415		any volunteer or auxiliary legally included within the forest fire 337
422	416		fighting forces of the aiding state under the laws thereof. 338
423	417		The commission shall formulate procedures for claims and 339
424	418		reimbursement under the provisions of this article. 340
425	419		Aid by a member state to an area subject to federal jurisdiction 341
426	420		beyond the borders of such state shall not be required under this 342
427	421		compact unless substantially the same provisions of this article relative 343
428	422		to powers, liabilities, losses and expenses in connection with such aid 344
429	423		are embodied in federal laws. 345
430	424		The provisions of this article that relate to the rendering of outside 346
431	425		aid in combating, controlling or preventing forest fires shall be 347
432	426		applicable to the provision of such aid by any state that is party to this 348
433	427		compact to any other state that is party to a regional forest fire 349
434	428		protection compact in another region provided the legislature of such 350
435	429		other state assents to the outside aid provisions of this compact. 351
436	430		ARTICLE X 352
437	431		When appropriations for the support of this commission or for the 353
438	432		support of common services maintained by the commission or a 354
439	433		section thereof under the provisions of article V are necessary, the 355
440	434		commission or a section thereof shall allocate the costs among the 356
441	435		states affected with consideration of the amounts of forested land in 357
442		-	those states that will receive protection from the service to be rendered 358
	436	+	those states that will receive protection from the service to be rendered 358 Raised Bill No. 998
	437	+
	438	+
	439	+
	440	+	LCO No. 5133 13 of 21
	441	+
443	442		and the extent of the forest fire problem involved in each state, and 359
444	443		shall submit its recommendations accordingly to the legislatures of the 360
445		-	affected states. 361 Substitute Bill No. 998
446		-
447		-
448		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00998-
449		-	R01-SB.docx }
450		-	13 of 21
451		-
	444	+	affected states. 361
452	445		The commission shall submit to the governor of each state, at such 362
453	446		time as he may request, a budget of its estimated expenditures for such 363
454	447		period as may be required by the laws of such state for presentation to 364
455	448		the legislature thereof. 365
456	449		The commission shall keep accurate books of account, showing in 366
457	450		full its receipts and disbursements, and said books of account shall be 367
458	451		open at any reasonable time to the inspection of such representatives 368
459	452		of the respective signatory states as may be duly constituted for that 369
460	453		purpose. 370
461	454		On or before the first day of December of each year, the commission 371
462	455		shall submit to the respective governors of the signatory states a full 372
463	456		and complete report of its activities for the preceding year. 373
464	457		ARTICLE XI 374
465	458		The representatives from any member state may appoint and 375
466	459		consult with an advisory committee composed of persons interested in 376
467	460		forest fire protection. 377
468	461		The commission may appoint and consult wi th an advisory 378
469	462		committee of representatives of all affected groups, private and 379
470	463		governmental. 380
471	464		ARTICLE XII 381
472	465		The commission may accept any and all donations, gifts and grants 382
473	466		of money, equipment, supplies, materials and services from the federal 383
474	467		or any local government, or any agency thereof and from any person, 384
475	468		firm or corporation, for any of its purposes and functions under this 385
476	469		compact, and may receive and utilize the same subject to the terms, 386
477		-	conditions and regulations governing such donations, gifts and grants. 387
478		-	ARTICLE XIII 388
479		-	Nothing in this compact shall be construed to authorize or permit 389 Substitute Bill No. 998
	470	+	conditions and regulations governing such donations, gifts and grants. 387 Raised Bill No. 998
480	471
481	472
482		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00998-
483		-	R01-SB.docx }
484		-	14 of 21
485	473
	474	+	LCO No. 5133 14 of 21
	475	+
	476	+	ARTICLE XIII 388
	477	+	Nothing in this compact shall be construed to authorize or permit 389
486	478		any member state to curtail or diminish its forest fire fighting forces, 390
487	479		equipment, services or facilities, and it shall be the duty and 391
488	480		responsibility of each member state to maintain adequate forest fire 392
489	481		fighting forces and equipment to meet normal demands for forest fire 393
490	482		protection within its borders. 394
491	483		Nothing in this compact shall be construed to limit or restrict the 395
492	484		powers of any state ratifying the same to provide for the prevention, 396
493	485		control and extinguishment of forest fires, or to prohibit the enactment 397
494	486		or enforcement of state laws, rules or regulations intended to aid in 398
495	487		such prevention, control and extinguishment in such state. 399
496	488		Nothing in this compact shall be construed to affect any existing or 400
497	489		future cooperative relationship or arrangement between the United 401
498	490		States Forest Service and a member state or states. 402
499	491		ARTICLE XIV 403
500	492		This compact shall continue in force and remain binding on each 404
501	493		state ratifying it until the legislature or the governor of such state takes 405
502	494		action to withdraw therefrom. Such action shall not be effective until 406
503	495		six months after notice thereof has been sent by the chief executive of 407
504	496		the state desiring to withdraw to the chief executives of all states then 408
505	497		parties to the compact. 409
506	498		Sec. 8. Subsection (c) of section 23-65h of the general statutes is 410
507	499		repealed and the following is substituted in lieu thereof (Effective from 411
508	500		passage): 412
509	501		(c) An application for the certification as a forest practitioner shall 413
510	502		be made to the Commissioner of Energy and Environmental Protection 414
511	503		and shall contain such information regarding the applicant's 415
512	504		qualifications and proposed operations and other relevant matters as 416
513		-	the commissioner deems necessary. 417
514		-	(1) The commissioner shall require the applicant for forester 418
515		-	certification to demonstrate, upon examination, that he possesses 419 Substitute Bill No. 998
	505	+	the commissioner deems necessary. 417 Raised Bill No. 998
516	506
517	507
518		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00998-
519		-	R01-SB.docx }
520		-	15 of 21
521	508
	509	+	LCO No. 5133 15 of 21
	510	+
	511	+	(1) The commissioner shall require the applicant for forester 418
	512	+	certification to demonstrate, upon examination, that he possesses 419
522	513		adequate knowledge concerning the proper application of forest 420
523	514		management techniques, the ecological and environmental 421
524	515		consequences of harvesting activity and mitigating measures to be 422
525	516		employed to minimize possible adverse impacts on environmental 423
526	517		conditions within the harvest area. 424
527	518		(2) The commissioner shall require the applicant for supervising 425
528	519		forest products harvester certification to demonstrate, upon 426
529	520		examination, that [he] the applicant possesses adequate knowledge 427
530	521		concerning techniques and procedures normally employed in the 428
531	522		conduct and supervision of a harvest operation, the safe and 429
532	523		environmentally responsible operation of harvesting equipment, and 430
533	524		mitigating measures to be employed to minimize possible adverse 431
534	525		impacts of harvesting activity on environmental conditions within the 432
535	526		harvest area. 433
536	527		(3) The commissioner shall require the applicant for forest products 434
537	528		harvester certification to demonstrate, upon examination, that [he] the 435
538	529		applicant possesses adequate knowledge concerning techniques and 436
539	530		procedures normally employed in the conduct of a harvest operation 437
540	531		and the safe and environmentally responsible operation of harvesting 438
541	532		equipment, except that an applicant who demonstrates to the 439
542	533		satisfaction of the commissioner that [he] the applicant has engaged in 440
543	534		commercial forest practices at least once per year for the ten years 441
544	535		immediately preceding October 1, 1991, shall be exempt from such 442
545	536		examination requirement. 443
546	537		(4) (A) If the commissioner finds that the applicant is competent 444
547	538		with respect to the required qualifications, including those provided in 445
548	539		section 23-65o, [he] the commissioner shall certify the applicant to 446
549	540		perform such forest practices as appropriate to the requested 447
550	541		certification. The certification shall be valid for a period not to exceed 448
551	542		five years and may be renewed by the commissioner with or without 449
552		-	further examination. The commissioner may establish regulations for 450
553		-	forest practitioner certification so that one-fifth of the certificates expire 451
554		-	each year. The commissioner may certify a forest practitioner for less 452 Substitute Bill No. 998
	543	+	further examination. The commissioner may establish regulations for 450 Raised Bill No. 998
555	544
556	545
557		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00998-
558		-	R01-SB.docx }
559		-	16 of 21
560	546
	547	+	LCO No. 5133 16 of 21
	548	+
	549	+	forest practitioner certification so that one-fifth of the certificates expire 451
	550	+	each year. The commissioner may certify a forest practitioner for less 452
561	551		than five years and prorate the registration fee accordingly to 453
562	552		implement the regulations established pursuant to this subsection. 454
563	553		(B) Notwithstanding the provisions of subparagraph (A) of this 455
564	554		subdivision, the commissioner may grant a sixty-day extension for any 456
565	555		forest practitioner who failed to submit a complete application for 457
566	556		renewal prior to the expiration date of such forest practitioner's 458
567	557		certification. Such forest practitioner shall submit a complete 459
568	558		application for renewal within such sixty-day extension period. Any 460
569	559		renewed certification issued by the commissioner pursuant to this 461
570	560		subparagraph shall not require reexamination by such forest 462
571	561		practitioner prior to such issuance but shall require the submission of 463
572	562		an additional fee, as determined by the commissioner. 464
573	563		(5) If the commissioner finds that the applicant is not competent 465
574	564		with respect to the requirements for the requested certification, the 466
575	565		commissioner shall refuse to issue the applicant a certificate. The 467
576	566		commissioner shall inform the applicant of the refusal in writing, 468
577	567		giving the reasons for such refusal. Any person aggrieved by such 469
578	568		refusal may, within thirty days from date of issuance of such denial, 470
579	569		request a hearing before the commissioner, which hearing shall be 471
580	570		conducted in accordance with chapter 54. 472
581	571		(6) The commissioner may certify without examination any person 473
582	572		who is certified: [in] (A) In another state under a law which provides 474
583	573		substantially similar qualifications for certification and which grants 475
584	574		similar privileges of certification without examination to residents of 476
585	575		this state certified under the provisions of this section, or (B) through 477
586	576		examination by the Society of American Foresters, or a similar 478
587	577		organization, that provides substantially similar qualifications for 479
588	578		certification provided such person can demonstrate knowledge of the 480
589	579		forestry laws of this state to the commissioner's satisfaction. 481
590		-	(7) The commissioner may, by regulation, adopted in accordance 482
591		-	with the provisions of chapter 54, prescribe fees for applicants to 483
592		-	defray the cost of administering examinations and carrying out the 484 Substitute Bill No. 998
	580	+	(7) The commissioner may, by regulation, adopted in accordance 482 Raised Bill No. 998
593	581
594	582
595		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00998-
596		-	R01-SB.docx }
597		-	17 of 21
598	583
	584	+	LCO No. 5133 17 of 21
	585	+
	586	+	with the provisions of chapter 54, prescribe fees for applicants to 483
	587	+	defray the cost of administering examinations and carrying out the 484
599	588		provisions of this chapter. A state or municipal employee who engages 485
600	589		in activities for which certification is required by this section solely as 486
601	590		part of his employment shall be exempt from payment of a fee. Any 487
602	591		certificate issued to a state or municipal employee for which a fee has 488
603	592		not been paid shall be void upon termination of such government 489
604	593		employment. 490
605	594		(8) The commissioner may require the display of a decal or other 491
606	595		evidence, indicating that a commercial forest practitioner has met the 492
607	596		requirements of sections 23-65f to 23-65o, inclusive, in a prominent 493
608	597		place on any licensed motor vehicle used in the practitioner's 494
609	598		operations. A fee may be charged to the certified practitioner to cover 495
610	599		the cost of the decal or other evidence. 496
611	600		(9) The commissioner shall require all forest practitioners certified 497
612	601		under sections 23-65f to 23-65o, inclusive, to participate [biennially] in 498
613	602		a relevant program of professional education to improve or maintain 499
614	603		professional forestry skills that is sponsored by the Department of 500
615	604		Energy and Environmental Protection, the New England Society of 501
616	605		American Foresters, The University of Connecticut, Yale University or 502
617	606		the Connecticut cooperative extension system, or participation in 503
618	607		another program approved by the department. Such professional 504
619	608		education shall take place during the recertification cycle and be in 505
620	609		accordance with the prescribed schedule set forth in regulations 506
621	610		adopted in accordance with the provisions of this chapter. 507
622	611		Sec. 9. Section 23-65i of the general statutes is repealed and the 508
623	612		following is substituted in lieu thereof (Effective from passage): 509
624	613		(a) Each certified forester, except any state employee who engages 510
625	614		in activities regulated by sections 23-65f to 23-65o, inclusive, solely as 511
626	615		part of his employment, shall submit an annual report to the 512
627	616		Commissioner of Energy and Environmental Protection on or before 513
628		-	June first of each year in a form prescribed by the commissioner. Such 514
629		-	report shall include, but not be limited to, the following information: 515 Substitute Bill No. 998
	617	+	June first of each year in a form prescribed by the commissioner. Such 514 Raised Bill No. 998
630	618
631	619
632		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00998-
633		-	R01-SB.docx }
634		-	18 of 21
635	620
	621	+	LCO No. 5133 18 of 21
	622	+
	623	+	report shall include, but not be limited to, the following information: 515
636	624		(1) The number of forest management plans completed and acres 516
637	625		covered by said plans; 517
638	626		(2) The number and type of timber stand improvements completed 518
639	627		and acres so improved; 519
640	628		(3) The number of acres planted in reforestation, afforestation and in 520
641	629		Christmas tree plantations; 521
642	630		(4) The number of commercial forest product sales, the total number 522
643	631		of acres harvested in such sales, the type and total volumes of products 523
644	632		generated by such sales and total annual expenditure for the purchase 524
645	633		of such sales; 525
646	634		(5) [Evidence] Attestation of [biennial] participation in a relevant 526
647	635		program of professional education to improve or maintain professional 527
648	636		forestry skills that is sponsored by the Department of Energy and 528
649	637		Environmental Protection, the New England Society of American 529
650	638		Foresters, The University of Connecticut, Yale University or the 530
651	639		Connecticut cooperative extension system, or participation in another 531
652	640		program approved by the department, provided proof of such 532
653	641		participation shall be furnished to the commissioner upon request and 533
654	642		be in accordance with the prescribed schedule set forth in regulations 534
655	643		adopted in accordance with the provisions of this chapter; and 535
656	644		(6) Other information which the commissioner deems necessary. 536
657	645		(b) Each certified supervising forest products harvester shall be 537
658	646		required to submit an annual report to the Commissioner of Energy 538
659	647		and Environmental Protection on or before June first of each year in a 539
660	648		form prescribed by the commissioner. Such report shall include, but 540
661	649		not be limited to, the following information: 541
662	650		(1) The number of commercial forest product sales harvested, and 542
663		-	the type and total volumes of products generated by such sales; 543
664		-	(2) [Evidence] Attestation of [biennial] participation in a relevant 544 Substitute Bill No. 998
	651	+	the type and total volumes of products generated by such sales; 543 Raised Bill No. 998
665	652
666	653
667		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00998-
668		-	R01-SB.docx }
669		-	19 of 21
670	654
	655	+	LCO No. 5133 19 of 21
	656	+
	657	+	(2) [Evidence] Attestation of [biennial] participation in a relevant 544
671	658		program of professional education to improve or maintain forest 545
672	659		products harvesting skills that is sponsored by the Department of 546
673	660		Energy and Environmental Protection, the New England Society of 547
674	661		American Foresters, the University of Connecticut, Yale University, the 548
675	662		Connecticut cooperative extension system or is otherwise approved by 549
676	663		the department, provided proof of such participation shall be 550
677	664		furnished to the commissioner upon request and be in accordance with 551
678	665		the prescribed schedule set forth in regulations adopted in accordance 552
679	666		with the provisions of this chapter; and 553
680	667		(3) Other information which the commissioner deems necessary. 554
681	668		(c) All certified forest products harvesters shall be required to 555
682	669		submit to the Commissioner of Energy and Environmental Protection, 556
683	670		on or before June first of each year, annual reports in a form prescribed 557
684	671		by the commissioner. Such reports shall include, but not be limited to, 558
685	672		the following information: 559
686	673		(1) [Evidence] Attestation of [biennial] participation in a relevant 560
687	674		program of professional education to improve or maintain forest 561
688	675		products harvesting skills that is sponsored by the Department of 562
689	676		Energy and Environmental Protection, the New England Society of 563
690	677		American Foresters, The University of Connecticut, Yale University, 564
691	678		the Connecticut cooperative extension system or is otherwise 565
692	679		approved by the department, provided proof of such participation 566
693	680		shall be furnished to the commissioner upon request and be in 567
694	681		accordance with the prescribed schedule set forth in regulations 568
695	682		adopted in accordance with the provisions of this chapter; and 569
696	683		(2) Other information the commissioner deems necessary. 570
697	684		Sec. 10. Subsection (f) of section 22a-54 of the general statutes is 571
698	685		repealed and the following is substituted in lieu thereof (Effective from 572
699	686		passage): 573
700		-	(f) (1) The commissioner may, by regulation adopted pursuant to 574
701		-	the provisions of chapter 54, prescribe fees for applicants to defray the 575 Substitute Bill No. 998
	687	+	(f) (1) The commissioner may, by regulation adopted pursuant to 574 Raised Bill No. 998
702	688
703	689
704		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00998-
705		-	R01-SB.docx }
706		-	20 of 21
707	690
	691	+	LCO No. 5133 20 of 21
	692	+
	693	+	the provisions of chapter 54, prescribe fees for applicants to defray the 575
708	694		cost of administering examinations and assisting in carrying out the 576
709	695		purposes of section 22a-451, except the fees for certification and 577
710	696		renewal of a certification shall be as follows: [(1)] (A) For supervisory 578
711	697		certification as a commercial applicator, two hundred eighty-five 579
712	698		dollars; [(2)] (B) for operational certification as a commercial 580
713	699		applicator, eighty dollars, and [(3)] (C) for certification as a private 581
714	700		applicator, one hundred dollars. A federal, state or municipal 582
715	701		employee who applies pesticides solely as part of his employment 583
716	702		shall be exempt from payment of a fee. Any certificate issued to a 584
717	703		federal, state or municipal employee for which a fee has not been paid 585
718	704		shall be void if the holder leaves government employment. The fees 586
719	705		collected in accordance with this section shall be deposited in the 587
720	706		General Fund. 588
721	707		(2) The commissioner may renew any certification issued pursuant 589
722	708		to this section for the holder of a certification that has lapsed less than 590
723	709		one year provided the holder of such certification submits to the 591
724	710		commissioner a signed renewal application, payment of the applicable 592
725	711		renewal fee and any late fee. Such late fee shall be calculated as 593
726	712		follows: Beginning on the first day that such certification lapses, ten 594
727	713		per cent of the applicable renewal fee plus one and one-quarter per 595
728	714		cent per month, or part thereof, for a period not to exceed one year. 596
729	715		Any holder of a certification that has lapsed more than one year shall 597
730	716		be examined in accordance with the requirements of this section and 598
731	717		any regulation adopted pursuant to the provisions of this section. 599
732		-	Sec. 11. Section 26-107h of the general statutes is repealed and the 600
733		-	following is substituted in lieu thereof (Effective from passage): 601
734		-	On or before February first, annually, the Commissioner of Energy 602
735		-	and Environmental Protection [shall] may submit to the joint standing 603
736		-	committee of the General Assembly having cognizance of matters 604
737		-	relating to the environment a report on the progress of the program 605
738		-	established under section 26-107f, the purposes for which any funds 606
739		-	allocated to said program were expended and the future of the 607
740		-	program. 608 Substitute Bill No. 998
741		-
742		-
743		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00998-
744		-	R01-SB.docx }
745		-	21 of 21
746		-
	718	+	Sec. 11. Section 26-107h of the general statutes is repealed. (Effective 600
	719	+	from passage) 601
747	720		This act shall take effect as follows and shall amend the following
748	721		sections:
749	722
750	723		Section 1 from passage 15-154(d) and (e)
751	724		Sec. 2 from passage 22a-6o(b)
752	725		Sec. 3 from passage 22a-58(c) and (d)
753		-	Sec. 4 from passage 22a-66g
	726	+	Sec. 4 from passage 22a-66g Raised Bill No. 998
	727	+
	728	+
	729	+
	730	+	LCO No. 5133 21 of 21
	731	+
754	732		Sec. 5 from passage 22-11h(c)
755	733		Sec. 6 from passage 22a-73
756	734		Sec. 7 from passage 23-53
757	735		Sec. 8 from passage 23-65h(c)
758	736		Sec. 9 from passage 23-65i
759	737		Sec. 10 from passage 22a-54(f)
760		-	Sec. 11 from passage ~~26-107h~~
	738	+	Sec. 11 from passage Repealer section
761	739
762		-	ENV Joint Favorable Subst.
763		-
	740	+	Statement of Purpose:
	741	+	To make minor revisions to various environment related statutes.
	742	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	743	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	744	+	not underlined.]