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OLR Bill Analysis
SB 840 (File 144, as amended by Senate "A")*
AN ACT CONCERNING CONNECTICUT'S SHELLFISH
RESTORATION PROGRAM AND THE CONNECTICUT SEAFOOD
COUNCIL.
SUMMARY
This bill extends Connecticut’s PA 490 program to certain
aquaculture operations. PA 490 allows farm, forest, open space, and
maritime heritage land to be assessed for property tax purposes based
on current use value rather than fair market value (CGS § 12-63). In
exchange for this reduced assessment, the property owner cannot
change the land’s use for a period of time. By law, if the use changes
within 10 years of ownership or classification, a conveyance tax
penalty is charged to the owner (CGS § 12-504a).
The bill also expands Connecticut’s shellfish restoration program by
allowing the Department of Agriculture (DoAg) to do the following:
1. acquire, in addition to purchase as under existing law, shell or
other cultch material to deposit on state shellfish beds;
2. contract to use a shell recovery vessel to collect and deposit
shell on the beds; and
3. receive and deposit on the beds cultch from oyster shell
recycling programs DoAg administers or authorizes.
The bill requires private, state, or federal grants and other direct
funding for the shellfish restoration program to be deposited in the
Shellfish Fund, which DoAg uses to operate the program. It explicitly
allows DoAg to use the fund for an oyster shell recycling program it
administers with any other person.
Lastly, the bill reconstitutes the Connecticut Seafood Advisory
Council and renames it the Connecticut Seafood Development Council. 2021SB-00840-R01-BA.DOCX
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By law, the council, which is within DoAg, must help promote
Connecticut seafood products and examine market opportunities.
*Senate Amendment “A” adds the PA 490 provisions.
EFFECTIVE DATE: October 1, 2021, and for the PA 490 provision,
applies to tax assessments on and after that date.
PA 490 PROGRAM EXTEN DED TO AQUACULTURE
The bill extends the state’s PA 490 program to certain aquaculture
operations by expanding specified definitions. Specifically, it expands
the definition of “farm land” to include underwater farmlands used for
aquaculture. Under current law, farm land includes tracts of land
constituting a farm.
The bill also expands the definition of “maritime heritage land” to
include waterfront property owned by a licensed shellstock shipper or
aquaculture operator who uses the property for commercial
shellfishing or aquaculture purposes, provided the shipper or operator
earned at least 50% of their adjusted gross income (AGI) from the
commercial operations. Maritime heritage land does not include
buildings not used exclusively by the shipper or operator for
commercial purposes. (Currently, maritime heritage land is limited to
waterfront property a commercial lobsterman owns and uses for
commercial lobstering, if at least 50% of the lobsterman’s AGI comes
from the commercial operation, and does not include buildings not
used exclusively by the lobsterman for commercial purposes.)
The bill repeals a requirement that shellfish grounds be taxed in the
same manner as real estate in the towns in which the grounds are
situated.
CONNECTICUT SEAFOOD DEVELOPMENT COUNCIL
The bill increases the council’s membership from 11 to 13 members.
Current law includes four nonvoting members representing DoAg, the
Department of Economic and Community Development (DECD), the
Department of Energy and Environmental Protection (DEEP), and the
UConn Sea Grant Program. The bill instead includes, as voting 2021SB-00840-R01-BA.DOCX
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members, the DoAg, DECD, and DEEP commissioners and the Sea
Grant Program’s director, or their designees.
Under the bill, various authorities appoint the remaining nine
members, who must meet specified qualifications. The below table
compares the appointments under the bill with those under current
law.
Connecticut Seafood Development Council Appointments
Appointing
Authority
Current Law The Bill
Governor One freshwater fish producer One freshwater finfish
producer
House speaker One finfish, shellfish, or
lobster harvester or harvester
organization representative
One aquaculture finfish
producer
House majority
leader
One finfish, shellfish, or
lobster harvester or harvester
organization representative
One commercial marine finfish
harvester
House minority
leader
One finfish, shellfish, or
lobster processor or processor
organization representative
One commercial lobster
harvester
Senate president
pro tempore
One retailer who serves
restaurants or represents a
restaurant organization
One small scale aquaculture
producer
Senate majority
leader
One member-at-large One seaweed aquaculture
producer
Senate minority
leader
One finfish, shellfish, or
lobster processor or processor
organization representative
One shellfish harvester
DoAg
commissioner
None One shellfish wholesale
dealer
CT Restaurant
Association
None One representative of the
association
The bill requires the DoAg commissioner or his designee to serve as
council chairperson.
By law, the council may use federal, state, or other funds and may 2021SB-00840-R01-BA.DOCX
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enter into contracts to carry out its purposes. The bill specifically
allows the council to receive state, federal, or municipal funds and
funds from any nonprofit or nongovernmental organization and spend
those funds to perform its duties. It also allows the council to seek
funding for and provide financial support to organizations for
activities directly related to seafood production and related products.
COMMITTEE ACTION
Environment Committee
Joint Favorable
Yea 31 Nay 1 (02/26/2021)