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statutes are repealed and the following is substituted in lieu thereof 2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repealed and the following is substituted in lieu thereof (Effective from 30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