Connecticut 2021 Regular Session

Connecticut Senate Bill SB00840 Compare Versions

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Version 2 (New)

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	7	+	General Assembly Raised Bill No. 840
	8	+	January Session, 2021
	9	+	LCO No. 2648
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	12	+	Referred to Committee on ENVIRONMENT
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	15	+	Introduced by:
	16	+	(ENV)
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4		-	Senate Bill No. 840
5		-
6		-	Public Act No. 21-24
7		-
8		-
9		-	AN ACT CONCERNING CONNECTICUT'S SHELLFISH
10		-	RESTORATION PROGRAM, THE CONNECTICUT SEAFOOD
11		-	COUNCIL AND THE TAXATION OF CERTAIN UNDERWATER
12		-	FARMLANDS.
	20	+	AN ACT CONCERNING CO NNECTICUT'S SHELLFISH RESTORATION
	21	+	PROGRAM AND THE CONN ECTICUT SEAFOOD COUN CIL.
13	22		Be it enacted by the Senate and House of Representatives in General
14	23		Assembly convened:
15	24
16		-	Section 1. Section 26-237a of the general statutes is repealed and the
17		-	following is substituted in lieu thereof (Effective October 1, 2021):
18		-	There is established within the Department of Agriculture a program
19		-	to purchase and acquire shell or other cultch material for deposit on
20		-	state shellfish beds. The program shall also include the purchase of
21		-	management supplies, materials and spawn oyster stock. Pursuant to
22		-	such program, the Commissioner of Agriculture may contract for the
23		-	use of a shell recovery vessel to collect and deposit shell on shellfish
24		-	beds. Additionally, under such program, the department may receive
25		-	and deposit on shellfish beds cultch from oyster shell recycling
26		-	programs administered or authorized by the department.
27		-	Sec. 2. Section 26-237b of the general statutes is repealed and the
28		-	following is substituted in lieu thereof (Effective October 1, 2021):
29		-	(a) There is established and created a fund to be known as the
30		-	"Shellfish Fund". The proceeds of any bonds authorized for the purpose Senate Bill No. 840
	25	+	Section 1. Section 26-237a of the general statutes is repealed and the 1
	26	+	following is substituted in lieu thereof (Effective October 1, 2021): 2
	27	+	There is established within the Department of Agriculture a program 3
	28	+	to purchase and acquire shell or other cultch material for deposit on 4
	29	+	state shellfish beds. The program shall also include the purchase of 5
	30	+	management supplies, materials and spawn oyster stock. Pursuant to 6
	31	+	such program, the Commissioner of Agriculture may contract for the 7
	32	+	use of a shell recovery vessel to collect and deposit shell on shellfish 8
	33	+	beds. Additionally, under such program, the department may receive 9
	34	+	and deposit on shellfish beds cultch from oyster shell recycling 10
	35	+	programs administered or authorized by the department. 11
	36	+	Sec. 2. Section 26-237b of the general statutes is repealed and the 12
	37	+	following is substituted in lieu thereof (Effective October 1, 2021): 13 Raised Bill No. 840
31	38
32		-	Public Act No. 21-24 2 of 5
33	39
34		-	of section 26-237a, as amended by this act, and any private, state or
35		-	federal grants or direct funding received or awarded for the purposes of
36		-	section 26-237a, as amended by this act, shall be deposited in the fund.
37		-	Any balance remaining in said fund at the end of any fiscal year shall be
38		-	carried forward in said fund for the fiscal year next succeeding.
39		-	(b) The fund shall be used by the Commissioner of Agriculture for
40		-	the program established under section 26-237a, as amended by this act,
41		-	including, but not limited to, the support of an oyster shell recycling
42		-	program administered by the Department of Agriculture in partnership
43		-	with any other person.
44		-	Sec. 3. Section 22-455 of the general statutes is repealed and the
45		-	following is substituted in lieu thereof (Effective October 1, 2021):
46		-	(a) There is established a Connecticut Seafood [Advisory]
47		-	Development Council to assist in the promotion of Connecticut seafood
48		-	products and examine market opportunities. The development council
49		-	shall be within the Department of Agriculture. The [advisory]
50		-	development council shall consist of [one freshwater fish producer
51		-	appointed by the Governor, two finfish, shellfish or lobster harvesters
52		-	or representatives of harvester organizations appointed one each by the
53		-	speaker and majority leader of the House of Representatives, two
54		-	finfish, shellfish or lobster processors or representatives of processor
55		-	organizations appointed one each by the minority leaders of the Senate
56		-	and House of Representatives, one retailer serving restaurants or
57		-	representing a restaurant organization appointed by the president pro
58		-	tempore of the Senate, one member at-large appointed by the majority
59		-	leader of the Senate, and four nonvoting members one of whom shall
60		-	represent the Department of Energy and Environmental Protection, one
61		-	the Department of Economic and Community Development and one the
62		-	Department of Agriculture and one the Sea Grant Program at The
63		-	University of Connecticut. The advisory council shall be within the
64		-	Department of Agriculture.] the following thirteen members: (1) The Senate Bill No. 840
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66		-	Public Act No. 21-24 3 of 5
	44	+	(a) There is established and created a fund to be known as the 14
	45	+	"Shellfish Fund". The proceeds of any bonds authorized for the purpose 15
	46	+	of section 26-237a, as amended by this act, and any private, state or 16
	47	+	federal grants or direct funding received or awarded for the purposes of 17
	48	+	section 26-237a, as amended by this act, shall be deposited in the fund. 18
	49	+	Any balance remaining in said fund at the end of any fiscal year shall be 19
	50	+	carried forward in said fund for the fiscal year next succeeding. 20
	51	+	(b) The fund shall be used by the Commissioner of Agriculture for 21
	52	+	the program established under section 26-237a, as amended by this act, 22
	53	+	including, but not limited to, the support of an oyster shell recycling 23
	54	+	program administered by the Department of Agriculture in partnership 24
	55	+	with any other person. 25
	56	+	Sec. 3. Section 22-455 of the general statutes is repealed and the 26
	57	+	following is substituted in lieu thereof (Effective October 1, 2021): 27
	58	+	(a) There is established a Connecticut Seafood [Advisory] 28
	59	+	Development Council to assist in the promotion of Connecticut seafood 29
	60	+	products and examine market opportunities. The development council 30
	61	+	shall be within the Department of Agriculture. The [advisory] 31
	62	+	development council shall consist of [one freshwater fish producer 32
	63	+	appointed by the Governor, two finfish, shellfish or lobster harvesters 33
	64	+	or representatives of harvester organizations appointed one each by the 34
	65	+	speaker and majority leader of the House of Representatives, two 35
	66	+	finfish, shellfish or lobster processors or representatives of processor 36
	67	+	organizations appointed one each by the minority leaders of the Senate 37
	68	+	and House of Representatives, one retailer serving restaurants or 38
	69	+	representing a restaurant organization appointed by the president pro 39
	70	+	tempore of the Senate, one member at-large appointed by the majority 40
	71	+	leader of the Senate, and four nonvoting members one of whom shall 41
	72	+	represent the Department of Energy and Environmental Protection, one 42
	73	+	the Department of Economic and Community Development and one the 43
	74	+	Department of Agriculture and one the Sea Grant Program at The 44
	75	+	University of Connecticut. The advisory council shall be within the 45
	76	+	Department of Agriculture] the following thirteen members: (1) The 46 Raised Bill No. 840
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68		-	Commissioner of Agriculture, or the commissioner's designee; (2) the
69		-	Commissioner of Economic and Community Development, or the
70		-	commissioner's designee; (3) the Commissioner of Energy and
71		-	Environmental Protection, or the commissioner's designee; (4) the
72		-	director of the Sea Grant Program at The University of Connecticut, or
73		-	the director's designee; (5) one freshwater finfish producer appointed by
74		-	the Governor; (6) one aquaculture finfish producer appointed by the
75		-	speaker of the House of Representatives; (7) one commercial marine
76		-	finfish harvester appointed by the majority leader of the House of
77		-	Representatives; (8) one commercial lobster harvester appointed by the
78		-	minority leader of the House of Representatives; (9) one shellfish
79		-	wholesale dealer appointed by the Commissioner of Agriculture; (10)
80		-	one representative of the Connecticut Restaurant Association; (11) one
81		-	small-scale aquaculture producer appointed by the president pro
82		-	tempore of the Senate; (12) one seaweed aquaculture producer
83		-	appointed by the majority leader of the Senate; and (13) one shellfish
84		-	harvester appointed by the minority leader of the Senate. The
85		-	Commissioner of Agriculture, or the commissioner's designee, shall
86		-	serve as the chairperson of the development council.
87		-	(b) The development council may receive state, federal and municipal
88		-	funds and funds from any nonprofit or nongovernmental organization.
89		-	Such funds may be expended as necessary to perform the development
90		-	council's duties pursuant to this section. The development council may
91		-	seek funding for and provide financial support to organizations for
92		-	activities directly related to seafood production and any related
93		-	products.
94		-	Sec. 4. Section 12-107b of the general statutes is repealed and the
95		-	following is substituted in lieu thereof (Effective October 1, 2021, and
96		-	applicable to tax assessments on and after said date):
97		-	When used in sections 12-107a to 12-107e, inclusive, and 12-107g: Senate Bill No. 840
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99		-	Public Act No. 21-24 4 of 5
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101		-	(1) The term "farm land" means any tract or tracts of land, including
102		-	woodland and wasteland and any underwater farmlands used for
103		-	aquaculture, constituting a farm unit;
104		-	(2) The term "forest land" means any tract or tracts of land
105		-	aggregating twenty-five acres or more in area bearing tree growth that
106		-	conforms to the forest stocking, distribution and condition standards
107		-	established by the State Forester pursuant to subsection (a) of section 12-
108		-	107d, and consisting of (A) one tract of land of twenty-five or more
109		-	contiguous acres, which acres may be in contiguous municipalities, (B)
110		-	two or more tracts of land aggregating twenty-five acres or more in
111		-	which no single component tract shall consist of less than ten acres, or
112		-	(C) any tract of land which is contiguous to a tract owned by the same
113		-	owner and has been classified as forest land pursuant to this section;
114		-	(3) The term "open space land" means any area of land, including
115		-	forest land, land designated as wetland under section 22a-30 and not
116		-	excluding farm land, the preservation or restriction of the use of which
117		-	would (A) maintain and enhance the conservation of natural or scenic
118		-	resources, (B) protect natural streams or water supply, (C) promote
119		-	conservation of soils, wetlands, beaches or tidal marshes, (D) enhance
120		-	the value to the public of abutting or neighboring parks, forests, wildlife
121		-	preserves, nature reservations or sanctuaries or other open spaces, (E)
122		-	enhance public recreation opportunities, (F) preserve historic sites, or
123		-	(G) promote orderly urban or suburban development;
124		-	(4) The word "municipality" means any town, consolidated town and
125		-	city, or consolidated town and borough;
126		-	(5) The term "planning commission" means a planning commission
127		-	created pursuant to section 8-19;
128		-	(6) The term "plan of conservation and development" means a plan
129		-	of development, including any amendment thereto, prepared or Senate Bill No. 840
	83	+	Commissioner of Agriculture, or the commissioner's designee; (2) the 47
	84	+	Commissioner of Economic and Community Development, or the 48
	85	+	commissioner's designee; (3) the Commissioner of Energy and 49
	86	+	Environmental Protection, or the commissioner's designee; (4) the 50
	87	+	director of the Sea Grant Program at The University of Connecticut, or 51
	88	+	the director's designee; (5) one freshwater finfish producer appointed by 52
	89	+	the Governor; (6) one aquaculture finfish producer appointed by the 53
	90	+	speaker of the House of Representatives; (7) one commercial marine 54
	91	+	finfish harvester appointed by the majority leader of the House of 55
	92	+	Representatives; (8) one commercial lobster harvester appointed by the 56
	93	+	minority leader of the House of Representatives; (9) one shellfish 57
	94	+	wholesale dealer appointed by the Commissioner of Agriculture; (10) 58
	95	+	one representative of the Connecticut Restaurant Association; (11) one 59
	96	+	small-scale aquaculture producer appointed by the president pro 60
	97	+	tempore of the Senate; (12) one seaweed aquaculture producer 61
	98	+	appointed by the majority leader of the Senate; and (13) one shellfish 62
	99	+	harvester appointed by the minority leader of the Senate. The 63
	100	+	Commissioner of Agriculture, or the commissioner's designee, shall 64
	101	+	serve as the chairperson of the development council. 65
	102	+	(b) The development council may receive state, federal and municipal 66
	103	+	funds and funds from any nonprofit or nongovernmental organization. 67
	104	+	Such funds may be expended as necessary to perform the development 68
	105	+	council's duties pursuant to this section. The development council may 69
	106	+	seek funding for and provide financial support to organizations for 70
	107	+	activities directly related to seafood production and any related 71
	108	+	products. 72
	109	+	This act shall take effect as follows and shall amend the following
	110	+	sections:
130	111
131		-	Public Act No. 21-24 5 of 5
	112	+	Section 1 October 1, 2021 26-237a
	113	+	Sec. 2 October 1, 2021 26-237b
	114	+	Sec. 3 October 1, 2021 22-455
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133		-	adopted pursuant to section 8-23;
134		-	(7) The term "certified forester" means a practitioner certified as a
135		-	forester pursuant to section 23-65h; and
136		-	(8) The term "maritime heritage land" means that portion of
137		-	waterfront real property owned by a licensed shellstock shipper,
138		-	aquaculture operator or commercial lobster fisherman licensed
139		-	pursuant to title 26, when such portion of such property is used by such
140		-	shellstock shipper, aquaculture operator or fisherman for shellfishing,
141		-	aquaculture or commercial lobstering purposes, provided in the tax year
142		-	of the owner ending immediately prior to any assessment date with
143		-	respect to which application is submitted pursuant to section 12-107g,
144		-	not less than fifty per cent of the adjusted gross income of such
145		-	shellstock shipper, aquaculture operator or fisherman, as determined
146		-	for purposes of the federal income tax, is derived from commercial
147		-	shellfishing, aquaculture or lobster fishing, subject to proof satisfactory
148		-	to the assessor in the town in which such application is submitted.
149		-	"Maritime heritage land" does not include buildings not used
150		-	exclusively by such shellstock shipper, aquaculture operator or
151		-	fisherman for commercial shellfishing, aquaculture or lobstering
152		-	purposes.
153		-	Sec. 5. Section 26-250 of the general statutes is repealed. (Effective
154		-	October 1, 2021)
	116	+	ENV Joint Favorable Raised Bill No. 840
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