O F F I C E O F L E G I S L A T I V E R E S E A R C H
P U B L I C A C T S U M M A R Y
Page 1
PA 21-24—SB 840
Environment Committee
AN ACT CONCERNING CO NNECTICUT'S SHELLFIS H
RESTORATION PROGRAM, THE CONNECTICUT SEAF OOD
COUNCIL AND THE TAXA TION OF CERTAIN UNDERWATER
FARMLANDS
SUMMARY: This act 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 act also expands Connecticut’s shellfish restoration program by allowing
the Department of Agriculture (DoAg) to do the following:
1. acquire, in addition to purchase, 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 act 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 act reconstitutes the Connecticut Seafood Advisory Council and
renames it the Connecticut Seafood Development Council. By law, the council,
which is within DoAg, must help promote Connecticut seafood products and
examine market opportunities.
EFFECTIVE DATE: October 1, 2021, and the PA 490 provision applies to tax
assessments on and after that date.
PA 490 PROGRAM EXTENDED TO AQUACULTURE
The act 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 existing law,
farm land includes tracts of land constituting a farm.
The act 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 O L R P U B L I C A C T S U M M A R Y
Page 2 of 3
purposes, so long as the shipper or operator earned at least 50% of his or her
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. (By law, maritime heritage land also includes 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 act 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 act increases the council’s membership from 11 to 13 members. Prior law
included 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 act
instead includes, as voting members, the DoAg, DECD, and DEEP
commissioners and the Sea Grant Program’s director, or their designees.
Under the act, various authorities appoint the remaining nine members, who
must meet specified qualifications. The below table compares the appointments
under the act with those under prior law.
Connecticut Seafood Development Council Appointments
Appointing
Authority
Prior Law The Act
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 O L R P U B L I C A C T S U M M A R Y
Page 3 of 3
DoAg
commissioner
None One shellfish wholesale
dealer
CT Restaurant
Association
None One representative of the
association
The act 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 enter into
contracts to carry out its purposes. The act specifically allows the council to (1)
receive state, federal, or municipal funds and funds from any nonprofit or
nongovernmental organization and (2) 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.