Senate Bill No. 840
Public Act No. 21-24
AN ACT CONCERNING CONNECTICUT'S SHELLFISH
RESTORATION PROGRAM, THE CONNECTICUT SEAFOOD
COUNCIL AND THE TAXATION OF CERTAIN UNDERWATER
FARMLANDS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 26-237a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
There is established within the Department of Agriculture a program
to purchase and acquire shell or other cultch material for deposit on
state shellfish beds. The program shall also include the purchase of
management supplies, materials and spawn oyster stock. Pursuant to
such program, the Commissioner of Agriculture may contract for the
use of a shell recovery vessel to collect and deposit shell on shellfish
beds. Additionally, under such program, the department may receive
and deposit on shellfish beds cultch from oyster shell recycling
programs administered or authorized by the department.
Sec. 2. Section 26-237b of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
(a) There is established and created a fund to be known as the
"Shellfish Fund". The proceeds of any bonds authorized for the purpose Senate Bill No. 840
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of section 26-237a, as amended by this act, and any private, state or
federal grants or direct funding received or awarded for the purposes of
section 26-237a, as amended by this act, shall be deposited in the fund.
Any balance remaining in said fund at the end of any fiscal year shall be
carried forward in said fund for the fiscal year next succeeding.
(b) The fund shall be used by the Commissioner of Agriculture for
the program established under section 26-237a, as amended by this act,
including, but not limited to, the support of an oyster shell recycling
program administered by the Department of Agriculture in partnership
with any other person.
Sec. 3. Section 22-455 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
(a) There is established a Connecticut Seafood [Advisory]
Development Council to assist in the promotion of Connecticut seafood
products and examine market opportunities. The development council
shall be within the Department of Agriculture. The [advisory]
development council shall consist of [one freshwater fish producer
appointed by the Governor, two finfish, shellfish or lobster harvesters
or representatives of harvester organizations appointed one each by the
speaker and majority leader of the House of Representatives, two
finfish, shellfish or lobster processors or representatives of processor
organizations appointed one each by the minority leaders of the Senate
and House of Representatives, one retailer serving restaurants or
representing a restaurant organization appointed by the president pro
tempore of the Senate, one member at-large appointed by the majority
leader of the Senate, and four nonvoting members one of whom shall
represent the Department of Energy and Environmental Protection, one
the Department of Economic and Community Development and one the
Department of Agriculture and one the Sea Grant Program at The
University of Connecticut. The advisory council shall be within the
Department of Agriculture.] the following thirteen members: (1) The Senate Bill No. 840
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Commissioner of Agriculture, or the commissioner's designee; (2) the
Commissioner of Economic and Community Development, or the
commissioner's designee; (3) the Commissioner of Energy and
Environmental Protection, or the commissioner's designee; (4) the
director of the Sea Grant Program at The University of Connecticut, or
the director's designee; (5) one freshwater finfish producer appointed by
the Governor; (6) one aquaculture finfish producer appointed by the
speaker of the House of Representatives; (7) one commercial marine
finfish harvester appointed by the majority leader of the House of
Representatives; (8) one commercial lobster harvester appointed by the
minority leader of the House of Representatives; (9) one shellfish
wholesale dealer appointed by the Commissioner of Agriculture; (10)
one representative of the Connecticut Restaurant Association; (11) one
small-scale aquaculture producer appointed by the president pro
tempore of the Senate; (12) one seaweed aquaculture producer
appointed by the majority leader of the Senate; and (13) one shellfish
harvester appointed by the minority leader of the Senate. The
Commissioner of Agriculture, or the commissioner's designee, shall
serve as the chairperson of the development council.
(b) The development council may receive state, federal and municipal
funds and funds from any nonprofit or nongovernmental organization.
Such funds may be expended as necessary to perform the development
council's duties pursuant to this section. The development council may
seek funding for and provide financial support to organizations for
activities directly related to seafood production and any related
products.
Sec. 4. Section 12-107b of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021, and
applicable to tax assessments on and after said date):
When used in sections 12-107a to 12-107e, inclusive, and 12-107g: Senate Bill No. 840
Public Act No. 21-24 4 of 5
(1) The term "farm land" means any tract or tracts of land, including
woodland and wasteland and any underwater farmlands used for
aquaculture, constituting a farm unit;
(2) The term "forest land" means any tract or tracts of land
aggregating twenty-five acres or more in area bearing tree growth that
conforms to the forest stocking, distribution and condition standards
established by the State Forester pursuant to subsection (a) of section 12-
107d, and consisting of (A) one tract of land of twenty-five or more
contiguous acres, which acres may be in contiguous municipalities, (B)
two or more tracts of land aggregating twenty-five acres or more in
which no single component tract shall consist of less than ten acres, or
(C) any tract of land which is contiguous to a tract owned by the same
owner and has been classified as forest land pursuant to this section;
(3) The term "open space land" means any area of land, including
forest land, land designated as wetland under section 22a-30 and not
excluding farm land, the preservation or restriction of the use of which
would (A) maintain and enhance the conservation of natural or scenic
resources, (B) protect natural streams or water supply, (C) promote
conservation of soils, wetlands, beaches or tidal marshes, (D) enhance
the value to the public of abutting or neighboring parks, forests, wildlife
preserves, nature reservations or sanctuaries or other open spaces, (E)
enhance public recreation opportunities, (F) preserve historic sites, or
(G) promote orderly urban or suburban development;
(4) The word "municipality" means any town, consolidated town and
city, or consolidated town and borough;
(5) The term "planning commission" means a planning commission
created pursuant to section 8-19;
(6) The term "plan of conservation and development" means a plan
of development, including any amendment thereto, prepared or Senate Bill No. 840
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adopted pursuant to section 8-23;
(7) The term "certified forester" means a practitioner certified as a
forester pursuant to section 23-65h; and
(8) The term "maritime heritage land" means that portion of
waterfront real property owned by a licensed shellstock shipper,
aquaculture operator or commercial lobster fisherman licensed
pursuant to title 26, when such portion of such property is used by such
shellstock shipper, aquaculture operator or fisherman for shellfishing,
aquaculture or commercial lobstering purposes, provided in the tax year
of the owner ending immediately prior to any assessment date with
respect to which application is submitted pursuant to section 12-107g,
not less than fifty per cent of the adjusted gross income of such
shellstock shipper, aquaculture operator or fisherman, as determined
for purposes of the federal income tax, is derived from commercial
shellfishing, aquaculture or lobster fishing, subject to proof satisfactory
to the assessor in the town in which such application is submitted.
"Maritime heritage land" does not include buildings not used
exclusively by such shellstock shipper, aquaculture operator or
fisherman for commercial shellfishing, aquaculture or lobstering
purposes.
Sec. 5. Section 26-250 of the general statutes is repealed. (Effective
October 1, 2021)