Connecticut 2021 2021 Regular Session

Connecticut House Bill HB06385 Comm Sub / Bill

Filed 05/04/2021

                     
 
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General Assembly  Substitute Bill No. 6385  
January Session, 2021 
 
 
 
 
 
AN ACT CONCERNING EN HANCEMENTS TO CERTAI N 
AGRICULTURAL PROGRAM S.  
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Subdivision (13) of section 22-6g of the general statutes is 1 
repealed and the following is substituted in lieu thereof (Effective October 2 
1, 2021): 3 
(13) "Fresh produce" means fruits and vegetables that have not been 4 
processed in any manner and chicken eggs;  5 
Sec. 2. Section 22-6q of the general statutes is repealed and the 6 
following is substituted in lieu thereof (Effective October 1, 2021): 7 
(a) There is established the Connecticut Farmers' Market/Senior 8 
Nutrition Program which shall be provided for from funds available to 9 
the commissioner and from other sources as such funds may become 10 
available. The program shall supply Connecticut-grown fresh produce 11 
to senior participants through the distribution of vouchers that are 12 
redeemable only at designated Connecticut farmers' markets. For 13 
purposes of this section, a "senior participant" is defined as a person who 14 
is sixty years of age or older and is currently residing in elderly housing, 15 
or is a participant of a registered congregate meal site, or has been 16 
identified by a municipal elderly agent as being at nutritional risk. The 17  Substitute Bill No. 6385 
 
 
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program is designed to provide both a supplemental source of fresh 18 
produce for the dietary needs of seniors who are judged to be at 19 
nutritional risk and to stimulate an increased demand for Connecticut-20 
grown produce at Connecticut farmers' markets. For purposes of this 21 
section, "fresh produce" means fruits and vegetables that have not been 22 
processed in any manner and chicken eggs. 23 
(b) The program shall be administered by the Commissioner of 24 
Agriculture who shall maintain all conditions for its operations.  25 
Sec. 3. Section 22-38 of the general statutes is repealed and the 26 
following is substituted in lieu thereof (Effective October 1, 2021): 27 
(a) For purposes of this section, "farm products" means products 28 
resulting from the practice of agriculture or farming, as defined in 29 
section 1-1 and "Connecticut-Grown" or "CT-Grown" means produce 30 
and other farm products that have a traceable point of origin within 31 
Connecticut. 32 
(b) Only farm products grown or produced in Connecticut shall be 33 
advertised or sold in Connecticut as "Connecticut-Grown" or "CT-34 
Grown". Farm products grown or produced in Connecticut may be 35 
advertised or sold in Connecticut as "Native", "Native-Grown", "Local" 36 
or "Locally-Grown". Farm products grown or produced within a ten-37 
mile radius of the point of sale for such farm products may be advertised 38 
or sold in Connecticut as "Native", "Native-Grown", "Local", or "Locally-39 
Grown". Any person, firm, partnership or corporation advertising or 40 
labeling farm products as ["Native", "Native-Grown", "Local", "Locally-41 
Grown", or] "Connecticut-Grown" or "CT-Grown" shall be required to 42 
furnish written proof within ten days of the sale of such products that 43 
such products were grown or produced in Connecticut or within a ten-44 
mile radius of the point of sale, as applicable, if requested to do so by 45 
the Commissioner of Agriculture or said commissioner's designee. Any 46 
person who violates any provision of this subsection shall be fined not 47 
more than one hundred dollars for each product label in violation of this 48 
subsection. 49  Substitute Bill No. 6385 
 
 
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(c) In addition to the provisions of subsection (b) of this section, any 50 
person who sells any farm product as "Connecticut-Grown" or "CT-51 
Grown" at a farmers' market in this state shall offer such product for sale 52 
in the immediate proximity of a sign that is: (1) Readily visible to 53 
consumers, (2) not less than three inches by five inches in size, and (3) 54 
in a form that is substantially as follows: 55 
[THIS FARM PRODUCT IS ] CONNECTICUT-GROWN FARM 56 
PRODUCT. [THIS FARM PRODUCT WAS GROWN OR PRODUCED 57 
BY THE FOLLOWING PERSON OR BUSINESS: ] (INSERT THE NAME 58 
AND [ADDRESS OF PERSON OR BUSINESS) ] THE TOWN FOR THE 59 
FARM OF ORIGIN). 60 
The lettering on any such sign shall be of a size, font or print that is 61 
clearly and easily legible. Such a sign shall accompany each type of farm 62 
product that any such person sells as "Connecticut-Grown" or "CT-63 
Grown". Any person who violates the provisions of this subsection shall 64 
receive a warning for the first violation and for any subsequent violation 65 
shall be fined one hundred dollars for each violation.  66 
Sec. 4. Section 22-39f of the general statutes is repealed and the 67 
following is substituted in lieu thereof (Effective October 1, 2021): 68 
Any person who fails to comply with the provisions of sections 22-69 
39a to 22-39e, inclusive, section 22-39g, any regulation adopted pursuant 70 
to subsection (h) of section 22-39g or who obstructs or hinders the 71 
Commissioner of Agriculture or the [Commissioner of Consumer 72 
Protection or any of their] commissioner's authorized agents in the 73 
performance of their duties under the provisions of said sections, shall 74 
be fined [not less than twenty-five dollars or more than] fifty dollars for 75 
the first offense and [not less than one hundred dollars or more than] 76 
two hundred dollars for each subsequent offense. In addition to such 77 
fine, the Commissioner of Agriculture is authorized to deny, suspend or 78 
revoke [the] any license, permit certificate or registration provided for 79 
in said sections issued to such person, in accordance with the provisions 80 
of chapter 54.  81  Substitute Bill No. 6385 
 
 
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Sec. 5. Section 22-61j of the general statutes is repealed and the 82 
following is substituted in lieu thereof (Effective October 1, 2021): 83 
Any person who violates the provisions of sections 22-61c to 22-61f, 84 
inclusive, [shall be guilty of a class D misdemeanor and] shall be fined 85 
one hundred dollars for the first offense and two hundred dollars for 86 
each subsequent offense. 87 
Sec. 6. (NEW) (Effective July 1, 2021) On and after July 1, 2021, any 88 
voucher issued by the Commissioner of Agriculture pursuant to section 89 
22-6p or 22-6q of the general statutes, as amended by this act, shall have 90 
a value of not less than twenty dollars. 91 
Sec. 7. Section 22-6i of the general statutes is repealed and the 92 
following is substituted in lieu thereof (Effective from passage): 93 
(a) The Department of Public Health WIC client screening processes 94 
and records shall provide the basis for identifying participants eligible 95 
for receipt of vouchers. 96 
(b) Local WIC agencies shall distribute vouchers at designated 97 
distribution clinics to participants in the manner specified by the 98 
department in the program and procedures guide for distribution clinic 99 
staff. Local WIC agency services shall ensure that: 100 
(1) Vouchers are distributed only to participants through verification 101 
that the client name and number on the distribution registry provided 102 
by the Department of Public Health correspond with the client name 103 
and number printed on the WIC identification folder in the possession 104 
of the participant. 105 
(2) Each eligible participant is issued five three-dollar vouchers 106 
during each distribution as authorized by the department. 107 
(3) The voucher serial numbers issued to the participant correspond 108 
to the number in the distribution registry in which the participant 109 
signature is affixed. 110  Substitute Bill No. 6385 
 
 
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(4) Each voucher issued and the distribution registry are properly 111 
signed by the participant in the presence of local agency staff at the time 112 
of distribution or, if a proxy is utilized, a written, electronic or verbal 113 
communication is made by the participant or such proxy which 114 
acknowledges receipt from the local agency staff at the time of 115 
distribution. 116 
(5) [A proxy is not allowed to act on behalf of a participant, except in 117 
the case of a parent or legal guardian acting on behalf of a participant 118 
child or infant, or in the case of a husband acting on behalf of his wife.] 119 
Any adult may act as a proxy provided the participant designates such 120 
adult as his or her proxy in writing. 121 
(6) Each participant is provided a thorough explanation of program 122 
guidelines and participant responsibility as outlined by the department. 123 
(7) All CFM/WIC support materials are put into use as outlined by 124 
the department. 125 
(8) Accurate and complete records of all related CFM/WIC activities 126 
in the possession of a WIC local agency are maintained and retained for 127 
a minimum of four years. In the event of litigation, negotiation, or audit 128 
findings, the records shall be retained until all issues arising from such 129 
actions have been resolved or until the end of the regular four-year 130 
period, whichever is later. 131 
(9) All agency records pertaining to this program shall be made 132 
available for inspection to representatives of USDA-FNS, the 133 
Comptroller General of the United States, the state Auditors of Public 134 
Accounts, the department, and the Department of Public Health as 135 
necessary, at any time during normal business hours, and as frequently 136 
as is deemed necessary for inspection and audit. Confidentiality of 137 
personal information shall be maintained as to all program participants 138 
at all times.  139 
Sec. 8. Section 22-6j of the general statutes is repealed and the 140 
following is substituted in lieu thereof (Effective from passage): 141  Substitute Bill No. 6385 
 
 
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Participants shall be responsible for: 142 
(1) Qualifying under WIC program guidelines and attending a 143 
designated distribution clinic during the relevant distribution cycles 144 
when vouchers are dispersed; 145 
(2) Properly countersigning a voucher [at time of use in the presence 146 
of the certified vendor who is accepting each voucher in exchange for 147 
fresh produce] prior to use; 148 
(3) Using vouchers only to purchase Connecticut-grown fresh 149 
produce from certified vendors who display CFM/WIC signs at 150 
authorized farmers' markets; 151 
(4) Redeeming vouchers on or before the expiration date printed on 152 
the face of the voucher or surrendering all claim to the value of vouchers 153 
that remain unredeemed; 154 
(5) Ensuring vouchers that are received are not assigned to any other 155 
party other than as provided by the department; 156 
(6) Reporting violations or problems to the department or the local 157 
agency; and 158 
(7) Reporting all incidents of lost or stolen vouchers to the local 159 
agency.  160 
Sec. 9. Subsection (b) of section 22-6l of the general statutes is repealed 161 
and the following is substituted in lieu thereof (Effective from passage): 162 
(b) [Vendor certification shall expire at the end of each year of 163 
issuance.] Each vendor certification shall be valid for three years. The 164 
department shall not limit the number of vendors who may become 165 
certified under CFM/WIC. A vendor who satisfies all the following 166 
criteria shall be certified to accept vouchers: 167 
(1) Agrees to maintain only Connecticut-grown fresh produce on 168 
display in a certified vendor stall; 169  Substitute Bill No. 6385 
 
 
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(2) Indicates an intent to participate in one or more authorized 170 
farmers' markets; 171 
(3) Demonstrates participation in training on CFM/WIC rules and 172 
procedures through attendance in an entire session of one of the 173 
scheduled training meetings conducted by department staff; 174 
(4) Submits a signed statement of receipts of a vendor certification 175 
handbook; 176 
(5) Submits a completed application and crop plan to the department 177 
prior to the deadline established by the department; and 178 
(6) Submits completed and signed certified vendor agreements to the 179 
department.  180 
Sec. 10. Section 22-26j of the general statutes is repealed and the 181 
following is substituted in lieu thereof (Effective from passage): 182 
The Department of Agriculture shall establish and administer a farm 183 
viability matching grant program to any agricultural not-for-profit 184 
organization, municipality, group of municipalities, regional council of 185 
governments organized under the provisions of sections 4-124i to 4-186 
124p, inclusive, or group of municipalities that have established a 187 
regional interlocal agreement pursuant to sections 7-339a to 7-339l, 188 
inclusive, to further agricultural viability. Such grants may be used for 189 
the following purposes: (1) Local capital projects that foster agricultural 190 
viability, including, but not limited to, processing facilities and farmers' 191 
markets; (2) the development and implementation of agriculturally 192 
friendly land use regulations and local farmland protection strategies 193 
that sustain and promote local agriculture; (3) the development of new 194 
marketing programs and venues through or in which a majority of 195 
products sold are grown in the state; [and] (4) the development and 196 
implementation of programs and services that promote farm and 197 
farmland access and transfer of such farms; and (5) the development of 198 
urban and nontraditional farming practices.  199  Substitute Bill No. 6385 
 
 
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Sec. 11. Subsection (d) of section 4b-3 of the general statutes is 200 
repealed and the following is substituted in lieu thereof (Effective from 201 
passage): 202 
(d) Notwithstanding any other statute or special act to the contrary, 203 
the Commissioner of Administrative Services shall be the sole person 204 
authorized to represent the state in its dealings with third parties for the 205 
construction, development, acquisition or leasing of real estate for 206 
housing the offices or equipment of all agencies of the state or for the 207 
state-owned public buildings or realty, as provided for in sections 2-90, 208 
4b-1 to 4b-5, inclusive, 4b-21, 4b-23, 4b-24, 4b-26, 4b-27, 4b-30 and 4b-32, 209 
subsection (c) of section 4b-66 and sections 4b-67 to 4b-69, inclusive, 4b-210 
71, 4b-72, 10-95, 10a-72, 10a-89, 10a-90, 10a-114, 10a-130, 10a-144, 17b-211 
655, [22-64,] 22a-324, 26-3, 27-45, 32-1c, 32-39, 48-9, 51-27d and 51-27f, 212 
except that (1) the Joint Committee on Legislative Management may 213 
represent the state in the planning and construction of the Legislative 214 
Office Building and related facilities, in Hartford; (2) the Chief Court 215 
Administrator may represent the state in providing for (A) space for the 216 
Court Support Services Division as part of a new or existing contract for 217 
an alternative incarceration program pursuant to section 54-103b or a 218 
program developed pursuant to section 46b-121k, or (B) other real estate 219 
needs of the Judicial Branch when delegated authority to do so by the 220 
Commissioner of Administrative Services; (3) the board of trustees of a 221 
constituent unit of the state system of higher education may represent 222 
the state in the leasing of real estate for housing the offices or equipment 223 
of such constituent unit, provided no lease payments for such realty are 224 
made with funds generated from the general revenues of the state; (4) 225 
the Labor Commissioner may represent the state in the leasing of 226 
premises required for employment security operations as provided in 227 
subsection (c) of section 31-250; (5) the Commissioner of Developmental 228 
Services may represent the state in the leasing of residential property as 229 
part of the program developed pursuant to subsection (b) of section 17a-230 
218, provided such residential property does not exceed two thousand 231 
five hundred square feet, for the community placement of persons 232 
eligible to receive residential services from the department; (6) the 233  Substitute Bill No. 6385 
 
 
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Commissioner of Mental Health and Addiction Services may represent 234 
the state in the leasing of residential units as part of a program 235 
developed pursuant to section 17a-455a, provided each such residential 236 
unit does not exceed two thousand five hundred square feet; and (7) the 237 
Connecticut Marketing Authority may represent the state in the leasing 238 
of land or markets under the control of the Connecticut Marketing 239 
Authority, and, except for the housing of offices or equipment in 240 
connection with the initial acquisition of an existing state mass transit 241 
system or the leasing of land by the Connecticut Marketing Authority 242 
for a term of one year or more in which cases the actions of the 243 
Department of Transportation and the Connecticut Marketing 244 
Authority shall be subject to the review and approval of the State 245 
Properties Review Board. The Commissioner of Administrative Services 246 
may establish and implement any procedures necessary for the 247 
commissioner to assume the commissioner's responsibilities as said sole 248 
bargaining agent for state realty acquisitions and shall perform the 249 
duties necessary to carry out such procedures. The Commissioner of 250 
Administrative Services may appoint, within the department's budget 251 
and subject to the provisions of chapter 67, such personnel deemed 252 
necessary by the commissioner to carry out the provisions of this 253 
section, including experts in real estate, construction operations, 254 
financing, banking, contracting, architecture and engineering. The 255 
Attorney General's office, at the request of the Commissioner of 256 
Administrative Services, shall assist the commissioner in contract 257 
negotiations regarding the purchase, lease or construction of real estate. 258 
Sec. 12. Subsection (a) of section 51-344a of the general statutes is 259 
repealed and the following is substituted in lieu thereof (Effective from 260 
passage): 261 
(a) Whenever the term "judicial district of Hartford-New Britain" or 262 
"judicial district of Hartford-New Britain at Hartford" is used or referred 263 
to in the following sections of the general statutes, it shall be deemed to 264 
mean or refer to the judicial district of Hartford on and after September 265 
1, 1998: Sections 1-205, 1-206, 2-48, 3-21a, 3-62d, 3-70a, 3-71a, 4-61, 4-160, 266  Substitute Bill No. 6385 
 
 
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4-164, 4-177b, 4-180, 4-183, 4-197, 5-202, 5-276a, 8-30g, 9-7a, 9-7b, 9-369b, 267 
10-153e, 12-208, 12-237, 12-268l, 12-312, 12-330m, 12-405k, 12-422, 12-448, 268 
12-454, 12-456, 12-463, 12-489, 12-522, 12-554, 12-565, 12-572, 12-586f, 12-269 
597, 12-730, 13b-34, 13b-235, 13b-315, 13b-375, 14-57, 14-66, 14-67u, 14-270 
110, 14-195, 14-311, 14-311c, 14-324, 14-331, 15-125, 15-126, 16-41, 16a-5, 271 
17b-60, 17b-100, 17b-238, 17b-531, 19a-85, 19a-86, 19a-123d, 19a-425, 19a-272 
498, 19a-517, 19a-526, 19a-633, 20-12f, 20-13e, 20-29, 20-40, 20-45, 20-59, 273 
20-73a, 20-86f, 20-99, 20-114, 20-133, 20-154, 20-156, 20-162p, 20-192, 20-274 
195p, 20-202, 20-206c, 20-227, 20-238, 20-247, 20-263, 20-271, 20-307, 20-275 
341f, 20-363, 20-373, 20-404, 20-414, 21a-55, 21a-190i, 22-7, [22-64,] 22-228, 276 
22-248, 22-254, 22-320d, 22-326a, 22-344b, 22-386, 22a-6b, 22a-7, 22a-16, 277 
22a-30, 22a-34, 22a-53, 22a-60, 22a-62, 22a-63, 22a-66h, 22a-106a, 22a-119, 278 
22a-180, 22a-182a, 22a-184, 22a-220a, 22a-220d, 22a-225, 22a-226, 22a-279 
226c, 22a-227, 22a-250, 22a-255l, 22a-276, 22a-310, 22a-342a, 22a-344, 22a-280 
361a, 22a-374, 22a-376, 22a-408, 22a-430, 22a-432, 22a-438, 22a-449f, 22a-281 
449g, 22a-459, 23-5e, 23-65m, 25-32e, 25-36, 28-5, 29-143j, 29-158, 29-161z, 282 
29-323, 30-8, 31-109, 31-249b, 31-266, 31-266a, 31-270, 31-273, 31-284, 31-283 
285, 31-339, 31-355a, 31-379, 35-3c, 35-42, 36a-186, 36a-187, 36a-471a, 36a-284 
494, 36a-587, 36a-647, 36a-684, 36a-718, 36a-807, 36b-26, 36b-27, 36b-30, 285 
36b-50, 36b-71, 36b-72, 36b-74, 36b-76, 38a-41, 38a-52, 38a-134, 38a-139, 286 
38a-140, 38a-147, 38a-150, 38a-185, 38a-209, 38a-225, 38a-226b, 38a-241, 287 
38a-337, 38a-470, 38a-620, 38a-657, 38a-687, 38a-774, 38a-776, 38a-817, 288 
38a-843, 38a-868, 38a-906, 38a-994, 42-103c, 42-110d, 42-110k, 42-110p, 289 
42-182, 46a-56, 46a-100, 47a-21, 49-73, 51-44a, 51-81b, 51-194, 52-146j, 53-290 
392d and 54-211a. 291 
Sec. 13. Sections 22-62 to 22-73, inclusive, and sections 22-75 to 22-77, 292 
inclusive, and section 22-78a of the general statutes are repealed. 293 
(Effective from passage) 294 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 October 1, 2021 22-6g(13) 
Sec. 2 October 1, 2021 22-6q 
Sec. 3 October 1, 2021 22-38  Substitute Bill No. 6385 
 
 
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Sec. 4 October 1, 2021 22-39f 
Sec. 5 October 1, 2021 22-61j 
Sec. 6 July 1, 2021 New section 
Sec. 7 from passage 22-6i 
Sec. 8 from passage 22-6j 
Sec. 9 from passage 22-6l(b) 
Sec. 10 from passage 22-26j 
Sec. 11 from passage 4b-3(d) 
Sec. 12 from passage 51-344a(a) 
Sec. 13 from passage Repealer section 
 
 
ENV Joint Favorable Subst.  
APP Joint Favorable