Connecticut 2021 Regular Session

Connecticut House Bill HB06496 Compare Versions

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Version 2 (New)

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	7	+	General Assembly Substitute Bill No. 6496
	8	+	January Session, 2021
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4		-	Substitute House Bill No. 6496
5		-
6		-	Public Act No. 21-88
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8	13
9	14		AN ACT CONCERNING CE RTAIN SOIL-RELATED INITIATIVES.
10	15		Be it enacted by the Senate and House of Representatives in General
11	16		Assembly convened:
12	17
13		-	Section 1. Section 22a-209f of the general statutes is amended by
14		-	adding subsection (c) as follows (Effective October 1, 2021):
15		-	(NEW) (c) (1) For purposes of this subsection: (A) "Beneficially
16		-	reclaimed materials" means any of the following materials that may
17		-	contain de minimis amounts of solid waste that is present incidentally
18		-	in such materials, including any mixture of the following materials:
19		-	(i) Soil or dewatered sediment that does not exceed the criteria
20		-	established by regulations adopted pursuant to section 22a-133k,
21		-	including, but not limited to, criteria for any additional polluting
22		-	substances for which criteria are not specified in such regulations;
23		-	(ii) Asphalt, brick, concrete or ceramic material, provided such
24		-	material is virtually inert and poses no threat to pollute any
25		-	groundwater or surface waters;
26		-	(iii) Casting sand;
27		-	(iv) Crushed recycled glass; or Substitute House Bill No. 6496
	18	+	Section 1. Section 22a-209f of the general statutes is amended by 1
	19	+	adding subsection (c) as follows (Effective October 1, 2021): 2
	20	+	(NEW) (c) (1) For purposes of this subsection: (A) "Beneficially 3
	21	+	reclaimed materials" means any of the following materials generated in 4
	22	+	the state that may contain de minimis amounts of solid waste that is 5
	23	+	present incidentally in such materials, including any mixture of the 6
	24	+	following materials: 7
	25	+	(i) Soil or dewatered sediment that does not exceed the criteria 8
	26	+	established by regulations adopted pursuant to section 22a-133k, 9
	27	+	including, but not limited to, criteria for any additional polluting 10
	28	+	substances for which criteria are not specified in such regulations; 11
	29	+	(ii) Asphalt, brick, concrete or ceramic material, provided such 12
	30	+	material is virtually inert and poses no threat to pollute any 13
	31	+	groundwater or surface waters; 14
	32	+	(iii) Casting sand; 15
	33	+	(iv) Crushed recycled glass; or 16 Substitute Bill No. 6496
28	34
29		-	Public Act No. 21-88 2 of 11
30	35
31		-	(v) Street sweepings or catch basin clean-out materials.
32		-	"Beneficially reclaimed materials" does not include materials that
33		-	contain any asbestos, polychlorinated biphenyls, persistent
34		-	bioaccumulative toxins, hazardous waste or, unless approved by the
35		-	commissioner in writing, pyrrhotite-containing concrete;
36		-	(B) "Soil" means unconsolidated geologic material overlying bedrock;
37		-	(C) "Dewatered sediment" means unconsolidated material occurring
38		-	in a surface water body, with water removed;
39		-	(D) "Casting sand" means waste sand from the casting of metals,
40		-	provided such sand is not hazardous waste;
41		-	(E) "Crushed recycled glass" has the same meaning as provided in
42		-	section 22a-208z;
43		-	(F) "Hazardous waste" has the same meaning as provided in section
44		-	22a-448;
45		-	(G) "Persistent bioaccumulative toxins" means long-lived chemicals
46		-	that accumulate in the tissues of humans and that are toxic; and
47		-	(H) "Aquifer protection area" has the same meaning as provided in
48		-	section 22a-354h.
49		-	(2) (A) The Commissioner of Energy and Environmental Protection
50		-	may establish a pilot program for the beneficial use of beneficially
51		-	reclaimed materials. The primary purpose of such program shall be to
52		-	allow beneficially reclaimed materials to be used as fill when there is an
53		-	engineering need for fill materials and to facilitate the reclamation or
54		-	redevelopment of environmentally impaired or underutilized land.
55		-	(B) To implement the pilot program established pursuant to this
56		-	subsection, the commissioner may issue no more than four Substitute House Bill No. 6496
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58		-	Public Act No. 21-88 3 of 11
	40	+	(v) Street sweepings or catch basin clean-out materials. 17
	41	+	"Beneficially reclaimed materials" does not include materials that 18
	42	+	contain any asbestos, polychlorinated biphenyls, persistent 19
	43	+	bioaccumulative toxins, hazardous waste or, unless approved by the 20
	44	+	commissioner in writing, pyrrhotite-containing concrete; 21
	45	+	(B) "Soil" means unconsolidated geologic material overlying bedrock; 22
	46	+	(C) "Dewatered sediment" means unconsolidated material occurring 23
	47	+	in a surface water body, with water removed; 24
	48	+	(D) "Casting sand" means waste sand from the casting of metals, 25
	49	+	provided such sand is not hazardous waste; 26
	50	+	(E) "Crushed recycled glass" has the same meaning as provided in 27
	51	+	section 22a-208z; 28
	52	+	(F) "Hazardous waste" has the same meaning as provided in section 29
	53	+	22a-448; 30
	54	+	(G) "Persistent bioaccumulative toxins" means long-lived chemicals 31
	55	+	that accumulate in the tissues of humans and that are toxic; and 32
	56	+	(H) "Aquifer protection area" has the same meaning as provided in 33
	57	+	section 22a-354h. 34
	58	+	(2) (A) The Commissioner of Energy and Environmental Protection 35
	59	+	may establish a pilot program for the beneficial use of beneficially 36
	60	+	reclaimed materials. The primary purpose of such program shall be to 37
	61	+	allow beneficially reclaimed materials to be used as fill when there is an 38
	62	+	engineering need for fill materials and to facilitate the reclamation or 39
	63	+	redevelopment of environmentally impaired or underutilized land. 40
	64	+	(B) To implement the pilot program established pursuant to this 41
	65	+	subsection, the commissioner may issue no more than four 42
	66	+	authorizations, provided: (i) Such authorization does not allow an 43
	67	+	activity for which an individual or general permit has been issued; (ii) 44 Substitute Bill No. 6496
59	68
60		-	authorizations, provided: (i) Such authorization does not allow an
61		-	activity for which an individual or general permit has been issued; (ii)
62		-	such authorization is not inconsistent with the requirements of the
63		-	federal Resource Conservation and Recovery Act, 42 USC 6901 et seq.;
64		-	(iii) such authorization is for single locations only and provides for not
65		-	less than one hundred thousand cubic yards of beneficially reclaimed
66		-	materials to be used as fill at such location; (iv) that prior to the
67		-	submission of an application for authorization in accordance with this
68		-	subsection, each municipality in which beneficially reclaimed materials
69		-	will be used as fill has issued all the necessary approvals specified in
70		-	subdivision (4) of this subsection; and (v) the commissioner finds that
71		-	the beneficial use of beneficially reclaimed materials does not harm or
72		-	present a threat to human health, safety or the environment.
73		-	(3) The commissioner may establish guidelines protective of public
74		-	health, safety and the environment for such authorizations and for a
75		-	letter of credit provided in accordance with this subsection and shall
76		-	give public notice on the Department of Energy and Environmental
77		-	Protection's Internet web site of such guidelines, or any subsequent
78		-	revision of such guidelines, with an opportunity for submission of
79		-	written comments by interested persons for a period of thirty days
80		-	following the publication of such notice. The commissioner shall post a
81		-	response to any comments received on the Department of Energy and
82		-	Environmental Protection's Internet web site. At a minimum, any such
83		-	guidelines shall contain a preference for use of environmentally
84		-	impaired or underutilized locations, provided that any location for
85		-	which an authorization is issued under this subsection shall:
86		-	(A) Be in an area (i) where the quality of the groundwaters of the
87		-	state, as classified in regulations adopted pursuant to section 22a-426,
88		-	and the classification maps adopted pursuant to said section, is either
89		-	"GB" or "GC", and (ii) that is served by a public drinking water supply;
90		-	(B) Not be in an aquifer protection area; and Substitute House Bill No. 6496
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92		-	Public Act No. 21-88 4 of 11
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94		-	(C) Be operated in compliance with sections 22a-426-1 to 22a-426-9,
95		-	inclusive, of the regulations of Connecticut state agencies and not
96		-	adversely affect sensitive receptors or resources, including, but not
97		-	limited to, public or private water supply wells, wetlands, floodplains,
98		-	or threatened or endangered species.
99		-	(4) Prior to the submission of an application for authorization in
100		-	accordance with this subsection, an applicant shall: (A) Obtain a valid
101		-	certificate of zoning approval, special permit, special exception or
102		-	variance, or other documentation, from each municipality in which
103		-	beneficially reclaimed materials will be used as fill; (B) obtain a copy of
104		-	wetlands, aquifer protection, coastal site plan and any other required
105		-	approval from each municipality; and (C) comply with the process
106		-	specified in subsection (b) of section 22a-20a, regardless of whether the
107		-	location where beneficially reclaimed materials will be used as fill is
108		-	located in an environmental justice community;
109		-	(5) An application for authorization pursuant to this subsection shall
110		-	be submitted on forms prescribed by the commissioner and shall
111		-	include, at a minimum, the following information: (A) A plan for
112		-	ensuring that only beneficially reclaimed materials that satisfy the
113		-	requirements of this subsection are used as fill and a description of
114		-	acceptability criteria for the beneficially reclaimed materials proposed
115		-	for beneficial use at the subject location; (B) a plan describing the process
116		-	for placing and recording the placement of beneficially reclaimed
117		-	materials; (C) a plan for monitoring the waters of the state during the
118		-	filling process and for a period of not less than thirty years after filling
119		-	is complete; (D) a proposed letter of credit that conforms to the
120		-	guidelines established by the commissioner pursuant to subdivision (3)
121		-	of this subsection and the basis for the cost estimate used in such
122		-	proposed letter of credit; (E) the qualifications of the environmental
123		-	professionals intended to exercise oversight of all aspects of the
124		-	proposed activities; (F) a redevelopment plan for the location where Substitute House Bill No. 6496
	74	+	such authorization is not inconsistent with the requirements of the 45
	75	+	federal Resource Conservation and Recovery Act, 42 USC 6901 et seq.; 46
	76	+	(iii) such authorization is for single locations only and provides for not 47
	77	+	less than one hundred thousand cubic yards of beneficially reclaimed 48
	78	+	materials to be used as fill at such location; (iv) that prior to the 49
	79	+	submission of an application for authorization in accordance with this 50
	80	+	subsection, each municipality in which beneficially reclaimed materials 51
	81	+	will be used as fill has issued all the necessary approvals specified in 52
	82	+	subdivision (4) of this subsection; and (v) the commissioner finds that 53
	83	+	the beneficial use of beneficially reclaimed materials does not harm or 54
	84	+	present a threat to human health, safety or the environment. 55
	85	+	(3) The commissioner may establish guidelines protective of public 56
	86	+	health, safety and the environment for such authorizations and for a 57
	87	+	letter of credit provided in accordance with this subsection and shall 58
	88	+	give public notice on the Department of Energy and Environmental 59
	89	+	Protection's Internet web site of such guidelines, or any subsequent 60
	90	+	revision of such guidelines, with an opportunity for submission of 61
	91	+	written comments by interested persons for a period of thirty days 62
	92	+	following the publication of such notice. The commissioner shall post a 63
	93	+	response to any comments received on the Department of Energy and 64
	94	+	Environmental Protection's Internet web site. At a minimum, any such 65
	95	+	guidelines shall contain a preference for use of environmentally 66
	96	+	impaired or underutilized locations, provided that any location for 67
	97	+	which an authorization is issued under this subsection shall: 68
	98	+	(A) Be in an area (i) where the quality of the groundwaters of the 69
	99	+	state, as classified in regulations adopted pursuant to section 22a-426, 70
	100	+	and the classification maps adopted pursuant to said section, is either 71
	101	+	"GB" or "GC", and (ii) that is served by a public drinking water supply; 72
	102	+	(B) Not be in an aquifer protection area; and 73
	103	+	(C) Be operated in compliance with sections 22a-426-1 to 22a-426-9, 74
	104	+	inclusive, of the regulations of Connecticut state agencies and not 75
	105	+	adversely affect sensitive receptors or resources, including, but not 76 Substitute Bill No. 6496
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126		-	Public Act No. 21-88 5 of 11
127	107
128		-	beneficially reclaimed materials will be placed, including engineering
129		-	plans and drawings in support of such redevelopment; (G) a list of each
130		-	municipal approval required for the proposed placement of beneficially
131		-	reclaimed materials and a written copy of each such approval; and (H)
132		-	any additional information required by the commissioner. Any such
133		-	application shall be accompanied by a nonrefundable application fee of
134		-	twenty-five thousand dollars.
135		-	(6) Notwithstanding section 22a-208a or any regulations adopted
136		-	pursuant to section 22a-209, the issuance of an authorization under this
137		-	subsection, or a modification of an authorization under this subsection
138		-	when such modification is sought by the holder of an authorization,
139		-	shall conform to the following procedures: (A) The Commissioner of
140		-	Energy and Environmental Protection shall publish a notice of intent to
141		-	issue an authorization on the Department of Energy and Environmental
142		-	Protection's Internet web site. Such notice shall, at a minimum, include:
143		-	(i) The name and mailing address of the applicant and the address of the
144		-	location of the proposed activity; (ii) the application number; (iii) the
145		-	tentative decision regarding the application; (iv) the type of
146		-	authorization sought, including a reference to the applicable provision
147		-	of the general statutes or regulations of Connecticut state agencies; (v) a
148		-	description of the location of the proposed activity and any natural
149		-	resources that will be affected by such activity; (vi) the name, address
150		-	and telephone number of any agent of the applicant from whom
151		-	interested persons may obtain copies of the application; (vii) the length
152		-	of time available for submission of public comments to the
153		-	commissioner; and (viii) any other additional information the
154		-	commissioner deems necessary. There shall be a comment period of
155		-	thirty days following the publication of such notice by the commissioner
156		-	during which interested persons may submit written comments to the
157		-	commissioner; (B) the commissioner shall post a response to any
158		-	comments received on the Department of Energy and Environmental
159		-	Protection's Internet web site; and (C) the commissioner may approve Substitute House Bill No. 6496
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161		-	Public Act No. 21-88 6 of 11
	112	+	limited to, public or private water supply wells, wetlands, floodplains, 77
	113	+	or threatened or endangered species. 78
	114	+	(4) Prior to the submission of an application for authorization in 79
	115	+	accordance with this subsection, an applicant shall: (A) Obtain a valid 80
	116	+	certificate of zoning approval, special permit, special exception or 81
	117	+	variance, or other documentation, from each municipality in which 82
	118	+	beneficially reclaimed materials will be used as fill; (B) obtain a copy of 83
	119	+	wetlands, aquifer protection, coastal site plan and any other required 84
	120	+	approval from each municipality; and (C) comply with the process 85
	121	+	specified in subsection (b) of section 22a-20a, regardless of whether the 86
	122	+	location where beneficially reclaimed materials will be used as fill is 87
	123	+	located in an environmental justice community; 88
	124	+	(5) An application for authorization pursuant to this subsection shall 89
	125	+	be submitted on forms prescribed by the commissioner and shall 90
	126	+	include, at a minimum, the following information: (A) A plan for 91
	127	+	ensuring that only beneficially reclaimed materials that satisfy the 92
	128	+	requirements of this subsection are used as fill and a description of 93
	129	+	acceptability criteria for the beneficially reclaimed materials proposed 94
	130	+	for beneficial use at the subject location; (B) a plan describing the process 95
	131	+	for placing and recording the placement of beneficially reclaimed 96
	132	+	materials; (C) a plan for monitoring the waters of the state during the 97
	133	+	filling process and for a period of not less than thirty years after filling 98
	134	+	is complete; (D) a proposed letter of credit that conforms to the 99
	135	+	guidelines established by the commissioner pursuant to subdivision (3) 100
	136	+	of this subsection and the basis for the cost estimate used in such 101
	137	+	proposed letter of credit; (E) the qualifications of the environmental 102
	138	+	professionals intended to exercise oversight of all aspects of the 103
	139	+	proposed activities; (F) a redevelopment plan for the location where 104
	140	+	beneficially reclaimed materials will be placed, including engineering 105
	141	+	plans and drawings in support of such redevelopment; (G) a list of each 106
	142	+	municipal approval required for the proposed placement of beneficially 107
	143	+	reclaimed materials and a written copy of each such approval; and (H) 108
	144	+	any additional information required by the commissioner. Any such 109 Substitute Bill No. 6496
162	145
163		-	or deny such authorization based upon a review of the submitted
164		-	information. Any authorization issued pursuant to this subsection shall
165		-	define clearly the activity covered by such authorization and may
166		-	include such conditions or requirements as the commissioner deems
167		-	appropriate, including, but not limited to, investigation or remediation
168		-	of a location prior to placement of beneficially reclaimed materials,
169		-	operation and maintenance requirements, best management practices,
170		-	qualifications and requirements for environmental professional
171		-	exercising oversight, groundwater monitoring, compliance with fill
172		-	management, closure, redevelopment or other plans, reporting and
173		-	recordkeeping requirements, auditing by an independent party and a
174		-	specified term. The commissioner shall require the posting of a letter of
175		-	credit to assure compliance with any authorization issued under this
176		-	subsection, including, but not limited to, implementation of a closure
177		-	plan and post-closure maintenance and monitoring.
178		-	(7) The commissioner may suspend or revoke any such authorization
179		-	and may modify an authorization if such modification is not sought by
180		-	the holder of an authorization, in accordance with the provisions of
181		-	section 4-182 and the applicable rules of practice adopted by the
182		-	department.
183		-	(8) Unless required by the federal Clean Water Act, a discharge
184		-	permit under section 22a-430 shall not be required for a discharge
185		-	authorized under this subsection. In addition, the soil reuse provisions
186		-	of the state remediation standards, adopted pursuant to section 22a-
187		-	133k, shall not apply to an activity authorized under this subsection.
188		-	Sec. 2. Section 22a-314 of the general statutes is repealed and the
189		-	following is substituted in lieu thereof (Effective October 1, 2021):
190		-	The Commissioner of Energy and Environmental Protection may (a)
191		-	make or cause to be made surveys, investigations and research
192		-	concerning the problems of soil and water erosion and its control and Substitute House Bill No. 6496
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194		-	Public Act No. 21-88 7 of 11
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196		-	soil health and publish his findings and disseminate information
197		-	concerning the subject; (b) cooperate with or enter into agreements with
198		-	any state agency or any owner or occupant of land in this state to carry
199		-	out the provisions of this section; (c) obtain options upon or acquire, by
200		-	purchase, exchange, lease, gift, grant, bequest or devise, any property,
201		-	real or personal, or rights or interests therein, maintain, administer and
202		-	improve any property so acquired, and receive income from such
203		-	property and expend such income in carrying out the purposes of this
204		-	section; and may sell, lease or otherwise dispose of any such property
205		-	or interest therein for such purposes; (d) accept contributions in money,
206		-	services, materials or otherwise from the United States or from this state
207		-	or from any person, firm or corporation for such purposes; (e) cooperate
208		-	with and enter into agreements with soil and water conservation
209		-	districts and boards to provide available federal resources to study and
210		-	improve soil health; and [(e)] (f) as a condition to extending of any
211		-	material benefits to landowners, under this section, require
212		-	contributions to any operations upon such land and require landowners
213		-	who have consented to such work being done on their land to enter into
214		-	and perform such agreements as to long-term use of such lands as will
215		-	tend to prevent erosion thereon. Said commissioner, or any assistant or
216		-	employee of the Department of Energy and Environmental Protection,
217		-	may, at any reasonable time and upon notice by registered mail sent to
218		-	the last-known address of the owner of such premises or with the oral
219		-	permission of such owner or his agent, enter any premises while
220		-	engaged in the performance of duty under the provisions of this title.
221		-	Said commissioner shall have power to make necessary regulations to
222		-	carry out the provisions of this section.
223		-	Sec. 3. Section 22a-315 of the general statutes is repealed and the
224		-	following is substituted in lieu thereof (Effective October 1, 2021):
225		-	(a) In order to assist the Commissioner of Energy and Environmental
226		-	Protection in identifying and remedying the problems of soil and water Substitute House Bill No. 6496
	151	+	application shall be accompanied by a nonrefundable application fee of 110
	152	+	twenty-five thousand dollars. 111
	153	+	(6) Notwithstanding section 22a-208a or any regulations adopted 112
	154	+	pursuant to section 22a-209, the issuance of an authorization under this 113
	155	+	subsection, or a modification of an authorization under this subsection 114
	156	+	when such modification is sought by the holder of an authorization, 115
	157	+	shall conform to the following procedures: (A) The Commissioner of 116
	158	+	Energy and Environmental Protection shall publish a notice of intent to 117
	159	+	issue an authorization on the Department of Energy and Environmental 118
	160	+	Protection's Internet web site. Such notice shall, at a minimum, include: 119
	161	+	(i) The name and mailing address of the applicant and the address of the 120
	162	+	location of the proposed activity; (ii) the application number; (iii) the 121
	163	+	tentative decision regarding the application; (iv) the type of 122
	164	+	authorization sought, including a reference to the applicable provision 123
	165	+	of the general statutes or regulations of Connecticut state agencies; (v) a 124
	166	+	description of the location of the proposed activity and any natural 125
	167	+	resources that will be affected by such activity; (vi) the name, address 126
	168	+	and telephone number of any agent of the applicant from whom 127
	169	+	interested persons may obtain copies of the application; (vii) the length 128
	170	+	of time available for submission of public comments to the 129
	171	+	commissioner; and (viii) any other additional information the 130
	172	+	commissioner deems necessary. There shall be a comment period of 131
	173	+	thirty days following the publication of such notice by the commissioner 132
	174	+	during which interested persons may submit written comments to the 133
	175	+	commissioner; (B) the commissioner shall post a response to any 134
	176	+	comments received on the Department of Energy and Environmental 135
	177	+	Protection's Internet web site; and (C) the commissioner may approve 136
	178	+	or deny such authorization based upon a review of the submitted 137
	179	+	information. Any authorization issued pursuant to this subsection shall 138
	180	+	define clearly the activity covered by such authorization and may 139
	181	+	include such conditions or requirements as the commissioner deems 140
	182	+	appropriate, including, but not limited to, investigation or remediation 141
	183	+	of a location prior to placement of beneficially reclaimed materials, 142
	184	+	operation and maintenance requirements, best management practices, 143 Substitute Bill No. 6496
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228		-	Public Act No. 21-88 8 of 11
229	186
230		-	erosion, the commissioner shall, by regulation, establish soil and water
231		-	conservation districts and boards. Such boards shall advise [him] the
232		-	commissioner on matters of soil and water conservation, soil health,
233		-	erosion and sedimentation control and shall assist [him] the
234		-	commissioner in implementing programs concerning such matters.
235		-	Such regulations shall (1) establish geographic boundaries for each
236		-	district, (2) establish procedures for the selection, by the residents in
237		-	each district, of a board of supervisors for each district, and (3) provide
238		-	operating procedures for such boards of such districts. Such regulations
239		-	shall be adopted pursuant to chapter 54.
240		-	(b) The commissioner by regulation pursuant to chapter 54, may
241		-	authorize such boards to (1) develop soil and water conservation, soil
242		-	health, erosion and sedimentation control programs, priorities and
243		-	workplans; (2) provide, by agreement, for technical assistance from
244		-	cooperating state and federal agencies to municipal and regional
245		-	agencies and to landowners; (3) receive funds, by transfer, grant or
246		-	otherwise from the commissioner, including grants pursuant to section
247		-	22a-317, or by donation or subscription from private sources, and
248		-	expend such funds without regard to the provisions of chapter 50; (4)
249		-	use or provide for the use of state equipment made available pursuant
250		-	to section 22a-316; (5) enter into contracts and employ consultants and
251		-	other assistants on a contract basis or other basis for rendering legal,
252		-	financial, technical or other assistance and duties to carry out the
253		-	purposes of this chapter; and (6) acquire property by purchase, lease,
254		-	gift or otherwise and to hold such property in the name of the district.
255		-	(c) The commissioner may, by regulation, adopted pursuant to
256		-	chapter 54, establish a council to coordinate the activities of such boards
257		-	of such districts with the activities of the Department of Energy and
258		-	Environmental Protection and other state, regional and local agencies
259		-	and propose regulations to said department in matters of soil and water
260		-	erosion conservation and to advise and assist the commissioner in Substitute House Bill No. 6496
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261	190
262		-	Public Act No. 21-88 9 of 11
	191	+	qualifications and requirements for environmental professional 144
	192	+	exercising oversight, groundwater monitoring, compliance with fill 145
	193	+	management, closure, redevelopment or other plans, reporting and 146
	194	+	recordkeeping requirements, auditing by an independent party and a 147
	195	+	specified term. The commissioner shall require the posting of a letter of 148
	196	+	credit to assure compliance with any authorization issued under this 149
	197	+	subsection, including, but not limited to, implementation of a closure 150
	198	+	plan and post-closure maintenance and monitoring. 151
	199	+	(7) The commissioner may suspend or revoke any such authorization 152
	200	+	and may modify an authorization if such modification is not sought by 153
	201	+	the holder of an authorization, in accordance with the provisions of 154
	202	+	section 4-182 and the applicable rules of practice adopted by the 155
	203	+	department. 156
	204	+	(8) Unless required by the federal Clean Water Act, a discharge 157
	205	+	permit under section 22a-430 shall not be required for a discharge 158
	206	+	authorized under this subsection. In addition, the soil reuse provisions 159
	207	+	of the state remediation standards, adopted pursuant to section 22a-160
	208	+	133k, shall not apply to an activity authorized under this subsection. 161
	209	+	Sec. 2. Section 22a-5 of the general statutes is repealed and the 162
	210	+	following is substituted in lieu thereof (Effective October 1, 2021): 163
	211	+	The commissioner shall carry out the energy and environmental 164
	212	+	policies of the state and shall have all powers necessary and convenient 165
	213	+	to faithfully discharge this duty. In addition to and consistent with the 166
	214	+	environment policy of the state, the commissioner shall (1) promote and 167
	215	+	coordinate management of water, land and air resources to assure their 168
	216	+	protection, enhancement and proper allocation and utilization; (2) 169
	217	+	provide for the protection and management of plants, trees, fish, 170
	218	+	shellfish, wildlife and other animal life of all types, including the 171
	219	+	preservation of endangered species; (3) provide for the protection, 172
	220	+	enhancement and management of the public forests, parks, open spaces 173
	221	+	and natural area preserves; (4) provide for the protection, enhancement 174
	222	+	and management of inland, marine and coastal water resources, 175 Substitute Bill No. 6496
263	223
264		-	conserving and protecting the land, water and other natural resources
265		-	of the state. The council shall be within the Department of Energy and
266		-	Environmental Protection for administrative purposes only. Such
267		-	council shall consist of nine members, five representing the soil and
268		-	water conservation districts to be selected by each of the five districts'
269		-	boards, the Commissioner of Energy and Environmental Protection or a
270		-	designee, the Commissioner of Agriculture, or a designee, a
271		-	representative of a nongovernmental organization appointed by the
272		-	Governor and a representative of The University of Connecticut's
273		-	cooperative extension system. In addition, the council shall include, but
274		-	not be limited to, the following at-large nonvoting members: The State
275		-	Conservationist or designee of the Natural Resource Conservation
276		-	Service, the director of the Connecticut Agricultural Experiment Station
277		-	or a designee, the director of the Storrs Agricultural Experiment Station
278		-	or a designee, municipal staff representatives responsible for erosion
279		-	and sedimentation control, the State Committee Chairman of the Farm
280		-	Services Agency and a council member of a resource conservation and
281		-	development area. The commissioner shall have the authority to receive
282		-	funds from any source on behalf of the council and shall expend such
283		-	funds with the advice and consent of the council for equipment,
284		-	supplies, and such full-time and part-time staff and consultants as may
285		-	be necessary to carry out the council's duties and any other at-large,
286		-	nonvoting members who have expertise to support the duties of the
287		-	council.
288		-	(d) The council may receive funds from any source and expend such
289		-	funds for equipment, supplies, staff and consultants as may be
290		-	necessary to carry out its duties. The council shall distribute funds for
291		-	program activities after a vote in which the members representing the
292		-	boards of the soil and water conservation districts shall collectively have
293		-	one vote. The council may employ an executive director who shall not
294		-	be subject to the provisions of chapter 67. The council may seek funding
295		-	and provide financial support to boards of soil and water conservation Substitute House Bill No. 6496
296	224
297		-	Public Act No. 21-88 10 of 11
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299		-	districts and other organizations for activities contributing to soil and
300		-	water conservation and soil health. The council may adopt and amend
301		-	by a majority vote such bylaws as it deems necessary to conduct its
302		-	business.
303		-	(e) Prior to the promulgation of any regulations by the commissioner
304		-	pursuant to subsections (a) and (b) of this section, such proposed
305		-	regulations shall first be approved by a majority of said council.
306		-	(f) For the purposes of this section, soil and water conservation
307		-	districts or boards shall not be considered state agencies or political or
308		-	administrative subdivisions of the state.
309		-	Sec. 4. Section 22a-328 of the general statutes is repealed and the
310		-	following is substituted in lieu thereof (Effective October 1, 2021):
311		-	The council shall develop guidelines for soil erosion and sediment
312		-	control on land being developed and improving and preserving soil
313		-	health. The guidelines shall outline methods and techniques for
314		-	minimizing erosion and sedimentation based on the best currently
315		-	available technology. Such guidelines shall include, but not be limited
316		-	to, model regulations that may be used by municipalities to comply with
317		-	the provisions of sections 22a-325 to 22a-329, inclusive. The
318		-	Commissioner of Energy and Environmental Protection and the soil and
319		-	water conservation districts shall make the guidelines available to the
320		-	public.
321		-	Sec. 5. (Effective from passage) Not later than November 1, 2021, the
322		-	Commissioner of Energy and Environmental Protection shall submit to
323		-	the joint standing committee of the General Assembly having
324		-	cognizance of matters relating to the environment, in accordance with
325		-	section 11-4a of the general statutes, a report on the approval process for
326		-	maintenance marine dredging projects for the previous four year
327		-	period. Such report shall include, but not be limited to, a description of Substitute House Bill No. 6496
	229	+	including, but not limited to, wetlands, rivers, estuaries and shorelines; 176
	230	+	(5) provide for the prevention and abatement of all water, land and air 177
	231	+	pollution including, but not limited to, that related to particulates, gases, 178
	232	+	dust, vapors, noise, radiation, odors, nutrients and cooled or heated 179
	233	+	liquids, gases and solids; (6) provide for control of pests and regulate 180
	234	+	the use, storage and disposal of pesticides and other chemicals which 181
	235	+	may be harmful to man, sea life, animals, plant life or natural resources; 182
	236	+	(7) regulate the disposal of solid waste and liquid waste, including but 183
	237	+	not limited to, domestic and industrial refuse, junk motor vehicles, litter 184
	238	+	and debris, which methods shall be consistent with sound health, scenic 185
	239	+	environmental quality and land use practices; (8) regulate the storage, 186
	240	+	handling and transportation of solids, liquids and gases which may 187
	241	+	cause or contribute to pollution; (9) provide for minimum state-wide 188
	242	+	standards for soil health and for the mining, extraction, excavation or 189
	243	+	removal of earth materials of all types; (10) develop a comprehensive 190
	244	+	energy plan for the state; (11) transition the state to cleaner, more diverse 191
	245	+	and sustainable sources of energy; and (12) create opportunities for 192
	246	+	innovation and technological advances in conserving energy and 193
	247	+	reducing costs. 194
	248	+	Sec. 3. Section 22a-314 of the general statutes is repealed and the 195
	249	+	following is substituted in lieu thereof (Effective October 1, 2021): 196
	250	+	The Commissioner of Energy and Environmental Protection may (a) 197
	251	+	make or cause to be made surveys, investigations and research 198
	252	+	concerning the problems of soil and water erosion and its control and 199
	253	+	soil health and publish his findings and disseminate information 200
	254	+	concerning the subject; (b) cooperate with or enter into agreements with 201
	255	+	any state agency or any owner or occupant of land in this state to carry 202
	256	+	out the provisions of this section; (c) obtain options upon or acquire, by 203
	257	+	purchase, exchange, lease, gift, grant, bequest or devise, any property, 204
	258	+	real or personal, or rights or interests therein, maintain, administer and 205
	259	+	improve any property so acquired, and receive income from such 206
	260	+	property and expend such income in carrying out the purposes of this 207
	261	+	section; and may sell, lease or otherwise dispose of any such property 208 Substitute Bill No. 6496
328	262
329		-	Public Act No. 21-88 11 of 11
330	263
331		-	each such application during such four year period, an analysis of the
332		-	timeframe for action on such application by the Department of Energy
333		-	and Environmental Protection and whether such application was
334		-	approved or denied by the department.
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	267	+
	268	+	or interest therein for such purposes; (d) accept contributions in money, 209
	269	+	services, materials or otherwise from the United States or from this state 210
	270	+	or from any person, firm or corporation for such purposes; and (e) as a 211
	271	+	condition to extending of any material benefits to landowners, under 212
	272	+	this section, require contributions to any operations upon such land and 213
	273	+	require landowners who have consented to such work being done on 214
	274	+	their land to enter into and perform such agreements as to long-term use 215
	275	+	of such lands as will tend to prevent erosion thereon. Said 216
	276	+	commissioner, or any assistant or employee of the Department of 217
	277	+	Energy and Environmental Protection, may, at any reasonable time and 218
	278	+	upon notice by registered mail sent to the last-known address of the 219
	279	+	owner of such premises or with the oral permission of such owner or his 220
	280	+	agent, enter any premises while engaged in the performance of duty 221
	281	+	under the provisions of this title. Said commissioner shall have power 222
	282	+	to make necessary regulations to carry out the provisions of this section. 223
	283	+	Sec. 4. Section 22a-315 of the general statutes is repealed and the 224
	284	+	following is substituted in lieu thereof (Effective October 1, 2021): 225
	285	+	(a) In order to assist the Commissioner of Energy and Environmental 226
	286	+	Protection in identifying and remedying the problems of soil and water 227
	287	+	erosion, the commissioner shall, by regulation, establish soil and water 228
	288	+	conservation districts and boards. Such boards shall advise [him] the 229
	289	+	commissioner on matters of soil and water conservation, soil health, 230
	290	+	erosion and sedimentation control and shall assist [him] the 231
	291	+	commissioner in implementing programs concerning such matters. 232
	292	+	Such regulations shall (1) establish geographic boundaries for each 233
	293	+	district, (2) establish procedures for the selection, by the residents in 234
	294	+	each district, of a board of supervisors for each district, and (3) provide 235
	295	+	operating procedures for such boards of such districts. Such regulations 236
	296	+	shall be adopted pursuant to chapter 54. 237
	297	+	(b) The commissioner by regulation pursuant to chapter 54, may 238
	298	+	authorize such boards to (1) develop soil and water conservation, soil 239
	299	+	health, erosion and sedimentation control programs, priorities and 240
	300	+	workplans; (2) provide, by agreement, for technical assistance from 241 Substitute Bill No. 6496
	301	+
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	306	+
	307	+	cooperating state and federal agencies to municipal and regional 242
	308	+	agencies and to landowners; (3) receive funds, by transfer, grant or 243
	309	+	otherwise from the commissioner, including grants pursuant to section 244
	310	+	22a-317, or by donation or subscription from private sources, and 245
	311	+	expend such funds without regard to the provisions of chapter 50; (4) 246
	312	+	use or provide for the use of state equipment made available pursuant 247
	313	+	to section 22a-316; (5) enter into contracts and employ consultants and 248
	314	+	other assistants on a contract basis or other basis for rendering legal, 249
	315	+	financial, technical or other assistance and duties to carry out the 250
	316	+	purposes of this chapter; and (6) acquire property by purchase, lease, 251
	317	+	gift or otherwise and to hold such property in the name of the district. 252
	318	+	(c) The commissioner may, by regulation, adopted pursuant to 253
	319	+	chapter 54, establish a council to coordinate the activities of such boards 254
	320	+	of such districts with the activities of the Department of Energy and 255
	321	+	Environmental Protection and other state, regional and local agencies 256
	322	+	and propose regulations to said department in matters of soil and water 257
	323	+	erosion conservation and to advise and assist the commissioner in 258
	324	+	conserving and protecting the land, water and other natural resources 259
	325	+	of the state. The council shall be within the Department of Energy and 260
	326	+	Environmental Protection for administrative purposes only. Such 261
	327	+	council shall consist of nine members, five representing the soil and 262
	328	+	water conservation districts to be selected by each of the five districts' 263
	329	+	boards, the Commissioner of Energy and Environmental Protection or a 264
	330	+	designee, the Commissioner of Agriculture, or a designee, a 265
	331	+	representative of a nongovernmental organization appointed by the 266
	332	+	Governor and a representative of The University of Connecticut's 267
	333	+	cooperative extension system. In addition, the council shall include, but 268
	334	+	not be limited to, the following at-large nonvoting members: The State 269
	335	+	Conservationist or designee of the Natural Resource Conservation 270
	336	+	Service, the director of the Connecticut Agricultural Experiment Station 271
	337	+	or a designee, the director of the Storrs Agricultural Experiment Station 272
	338	+	or a designee, municipal staff representatives responsible for erosion 273
	339	+	and sedimentation control, the State Committee Chairman of the Farm 274
	340	+	Services Agency and a council member of a resource conservation and 275 Substitute Bill No. 6496
	341	+
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	346	+
	347	+	development area. The commissioner shall have the authority to receive 276
	348	+	funds from any source on behalf of the council and shall expend such 277
	349	+	funds with the advice and consent of the council for equipment, 278
	350	+	supplies, and such full-time and part-time staff and consultants as may 279
	351	+	be necessary to carry out the council's duties and any other at-large, 280
	352	+	nonvoting members who have expertise to support the duties of the 281
	353	+	council. 282
	354	+	(d) The council may receive funds from any source and expend such 283
	355	+	funds for equipment, supplies, staff and consultants as may be 284
	356	+	necessary to carry out its duties. The council shall distribute funds for 285
	357	+	program activities after a vote in which the members representing the 286
	358	+	boards of the soil and water conservation districts shall collectively have 287
	359	+	one vote. The council may employ an executive director who shall not 288
	360	+	be subject to the provisions of chapter 67. The council may seek funding 289
	361	+	and provide financial support to boards of soil and water conservation 290
	362	+	districts and other organizations for activities contributing to soil and 291
	363	+	water conservation and soil health. The council may adopt and amend 292
	364	+	by a majority vote such bylaws as it deems necessary to conduct its 293
	365	+	business. 294
	366	+	(e) Prior to the promulgation of any regulations by the commissioner 295
	367	+	pursuant to subsections (a) and (b) of this section, such proposed 296
	368	+	regulations shall first be approved by a majority of said council. 297
	369	+	(f) For the purposes of this section, soil and water conservation 298
	370	+	districts or boards shall not be considered state agencies or political or 299
	371	+	administrative subdivisions of the state. 300
	372	+	Sec. 5. Section 22a-328 of the general statutes is repealed and the 301
	373	+	following is substituted in lieu thereof (Effective October 1, 2021): 302
	374	+	The council shall develop guidelines for soil erosion and sediment 303
	375	+	control and preservation of soil health on land being developed. The 304
	376	+	guidelines shall outline methods and techniques for minimizing erosion 305
	377	+	and sedimentation based on the best currently available technology. 306 Substitute Bill No. 6496
	378	+
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	383	+
	384	+	Such guidelines shall include, but not be limited to, model regulations 307
	385	+	that may be used by municipalities to comply with the provisions of 308
	386	+	sections 22a-325 to 22a-329, inclusive. The Commissioner of Energy and 309
	387	+	Environmental Protection and the soil and water conservation districts 310
	388	+	shall make the guidelines available to the public. 311
	389	+	Sec. 6. (Effective from passage) Not later than November 1, 2021, the 312
	390	+	Commissioner of Energy and Environmental Protection shall submit to 313
	391	+	the joint standing committee of the General Assembly having 314
	392	+	cognizance of matters relating to the environment, in accordance with 315
	393	+	section 11-4a of the general statutes, a report on the approval process for 316
	394	+	maintenance marine dredging projects for the previous four year 317
	395	+	period. Such report shall include, but not be limited to, a description of 318
	396	+	each such application during such four year period, an analysis of the 319
	397	+	timeframe for action on such application by the Department of Energy 320
	398	+	and Environmental Protection and whether such application was 321
	399	+	approved or denied by the department. 322
	400	+	This act shall take effect as follows and shall amend the following
	401	+	sections:
	402	+
	403	+	Section 1 October 1, 2021 22a-209f
	404	+	Sec. 2 October 1, 2021 22a-5
	405	+	Sec. 3 October 1, 2021 22a-314
	406	+	Sec. 4 October 1, 2021 22a-315
	407	+	Sec. 5 October 1, 2021 22a-328
	408	+	Sec. 6 from passage New section
	409	+
	410	+
	411	+	ENV Joint Favorable Subst.
	412	+	APP Joint Favorable
335	413