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General Assembly Raised Bill No. 224
February Session, 2022
LCO No. 1774
Referred to Committee on PLANNING AND DEVELOPMENT
Introduced by:
(PD)
AN ACT CONCERNING THE LEGISLATIVE COMMISSIONERS'
RECOMMENDATIONS FOR MINOR AND TECHNICAL REVISIONS TO
STATUTES CONCERNING PLANNING AND DEVELOPMENT.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 7-255 of the 2022 supplement to the general statutes 1
is repealed and the following is substituted in lieu thereof (Effective 2
October 1, 2022): 3
(a) The water pollution control authority may establish and revise fair 4
and reasonable charges for connection with and for the use of a 5
sewerage system. The owner of property against which any such 6
connection or use charge is levied shall be liable for the payment thereof. 7
Municipally-owned and other tax-exempt property which uses the 8
sewerage system shall be subject to such charges under the same 9
conditions as are the owners of other property, but nothing herein shall 10
be deemed to authorize the levying of any property tax by any 11
municipality against any property exempt by the general statutes from 12
property taxation. No charge for connection with or for the use of a 13
sewerage system shall be established or revised until after a public 14 Raised Bill No. 224
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hearing before the water pollution control authority at which the owner 15
of property against which the charges are to be levied shall have an 16
opportunity to be heard concerning the proposed charges. Such hearing 17
may be conducted in person or by means of electronic equipment. 18
Notice of the time, place and purpose of such hearing shall be published 19
at least ten days before the date thereof in a newspaper having a general 20
circulation in the municipality and on the Internet web site of the 21
municipality. A copy of the proposed charges shall be on file in the office 22
of the clerk of the municipality and available for inspection by the public 23
for at least ten days before the date of such hearing. When the water 24
pollution control authority has established or revised such charges, it 25
shall file a copy thereof in the office of the clerk of the municipality and, 26
not later than five days after such filing, shall cause the same to be 27
published in a newspaper having a general circulation in the 28
municipality and on the Internet web site of the municipality. Such 29
publication shall state the date on which such charges were filed and the 30
time and manner of paying such charges and shall state that any appeals 31
from such charges must be taken within twenty-one days after such 32
filing. In establishing or revising such charges the water pollution 33
control authority may classify the property connected or to be connected 34
with the sewer system and the users of such system, including 35
categories of industrial users, and may give consideration to any factors 36
relating to the kind, quality or extent of use of any such property or 37
classification of property or users including, but not limited to, (1) the 38
volume of water discharged to the sewerage system, (2) the type or size 39
of building connected with the sewerage system, (3) the number of 40
plumbing fixtures connected with the sewerage system, (4) the number 41
of persons customarily using the property served by the sewerage 42
system, (5) in the case of commercial or industrial property, the average 43
number of employees and guests using the property, and (6) the quality 44
and character of the material discharged into the sewerage system. The 45
water pollution control authority may establish minimum charges for 46
connection with and for the use of a sewerage system. Any person 47
aggrieved by any charge for connection with or for the use of a sewerage 48
system may appeal to the superior court for the judicial district wherein 49 Raised Bill No. 224
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the municipality is located and shall bring any such appeal to a return 50
day of said court not less than twelve or more than thirty days after 51
service thereof. The judgment of the court shall be final. 52
(b) Any municipality may, by ordinance, provide for the payment to 53
the water pollution control authority by such municipality of the whole 54
or a portion of such charges for specified classifications of property or 55
users, provided such classifications are established by the water 56
pollution control authority in accordance with the provisions of 57
subsection (a) of this section and meet the requirements of the federal 58
Water Pollution Control Act Amendments of 1972, P.L. 92-500, as 59
amended from time to time. 60
(c) Any municipality may, by ordinance, provide for optional 61
methods of payment of sewer use charges to the water pollution control 62
authority by (1) elderly taxpayers who are eligible for tax relief under 63
the provisions of section 12-129b, section 12-170aa or a plan of tax relief 64
for elderly taxpayers provided by such municipality in accordance with 65
section 12-129n, or (2) any taxpayer under the age of sixty-five who is 66
eligible for tax relief under the provisions of a plan for tax relief 67
provided by such municipality in accordance with subdivision (2) of 68
section 12-129n. 69
Sec. 2. Section 8-2p of the 2022 supplement to the general statutes is 70
repealed and the following is substituted in lieu thereof (Effective October 71
1, 2022): 72
The zoning commission or combined planning and zoning 73
commission, as applicable, of a municipality, by a two-thirds vote, may 74
initiate the process by which such municipality opts out of the provision 75
of subdivision (9) of subsection (d) of section 8-2 regarding limitations 76
on parking spaces for dwelling units, provided such commission: (1) 77
First holds a public hearing in accordance with the provisions of section 78
8-7d on such proposed opt-out, (2) affirmatively decides to opt out of 79
the provision of said subsection within the period of time permitted 80
under section 8-7d, (3) states upon its records the reasons for such 81 Raised Bill No. 224
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decision, and (4) publishes notice of such decision in a newspaper 82
having a substantial circulation in the municipality not later than fifteen 83
days after such decision has been rendered. Thereafter, the 84
municipality's legislative body or, in a municipality where the 85
legislative body is a town meeting, its board of selectmen, by a two-86
thirds vote, may complete the process by which such municipality opts 87
out of the provision of subdivision (9) of subsection (d) of section 8-2. 88
Sec. 3. Subsection (c) of section 8-26c of the 2022 supplement to the 89
general statutes is repealed and the following is substituted in lieu 90
thereof (Effective October 1, 2022): 91
(c) In the case of a subdivision plan approved on or after October 1, 92
1977, failure to complete all work within such five-year period or any 93
extension thereof shall result in automatic expiration of the approval of 94
such plan provided the commission shall file on the land records of the 95
town in which such subdivision is located notice of such expiration and 96
shall state such expiration on the subdivision plan on file in the office of 97
the town clerk of such town, and no additional lots in the subdivision 98
shall be conveyed by the subdivider or his successor in interest as such 99
subdivider except with approval by the commission of a new 100
application for subdivision of the subject land. If lots have been 101
conveyed during such five-year period or any extension thereof, the 102
municipality shall call the bond or other surety on said subdivision to 103
the extent necessary to complete the bonded improvements and utilities 104
required to serve those lots. "Work" for purposes of this section means 105
all physical improvements required by the approved plan, other than 106
the staking out of lots, and includes, but is not limited to, the 107
construction of roads, storm drainage facilities and water and sewer 108
lines, the setting aside of open space and recreation areas, installation of 109
telephone and electric services, planting of trees or other landscaping, 110
and installation of retaining walls or other structures. 111
Sec. 4. Subdivision (3) of subsection (a) of section 2-79a of the general 112
statutes is repealed and the following is substituted in lieu thereof 113
(Effective October 1, 2022): 114 Raised Bill No. 224
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(3) On and after July 1, 2019, the commission shall consist of the 115
president pro tempore of the Senate, the speaker of the House of 116
Representatives, the minority leader of the Senate, the minority leader 117
of the House of Representatives, the Secretary of the Office of Policy and 118
Management, the Commissioner of Education, the Commissioner of 119
Energy and Environmental Protection and the Commissioner of 120
Economic and Community Development, or their designees, and 121
seventeen additional members as follows: (A) Six municipal officials 122
appointed by the Governor, four of whom shall be selected from a list 123
of nominees submitted to the Governor by the Connecticut Conference 124
of Municipalities and two of whom shall be selected from a list 125
submitted by the Council of Small Towns. One of such six officials shall 126
be from a town having a population of ten thousand or less persons, one 127
shall be from a town having a population of more than ten thousand but 128
less than twenty thousand persons, two shall be from towns having 129
populations of more than twenty thousand but less than sixty thousand 130
persons and two shall be from towns having populations of sixty 131
thousand or more persons; (B) two local public education officials 132
appointed by the Governor, one of whom shall be selected from a list of 133
nominees submitted to the Governor by the Connecticut Association of 134
Boards of Education and one of whom shall be selected from a list 135
submitted by the Connecticut Association of Public School 136
Superintendents; (C) one representative of a regional council of 137
governments appointed by the Governor from a list of nominees 138
submitted to the Governor by the Connecticut Association of Councils 139
of Governments; (D) one representative of organized labor appointed 140
by the Governor from a list of nominees submitted to the Governor by 141
the Connecticut AFL-CIO; (E) five persons who do not hold elected or 142
appointed office in state or local government, one of whom shall be 143
appointed by the Governor, one of whom shall be appointed by the 144
president pro tempore of the Senate, one of whom shall be appointed by 145
the speaker of the House of Representatives, one of whom shall be 146
appointed by the minority leader of the Senate and one of whom shall 147
be appointed by the minority leader of the House of Representatives; (F) 148
one representative of the Connecticut Conference of Municipalities 149 Raised Bill No. 224
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appointed by said conference; and (G) one representative of the Council 150
of Small Towns appointed by said council. 151
Sec. 5. Subsection (a) of section 7-131e of the general statutes is 152
repealed and the following is substituted in lieu thereof (Effective October 153
1, 2022): 154
(a) Grant award decisions under the protected open space and 155
watershed land acquisition grant program established under section 7-156
131d or under the Charter Oak open space grant program established 157
under section 7-131t shall be made by the Commissioner of Energy and 158
Environmental Protection at least semiannually. All complete and 159
eligible grant applications shall be acted upon by the commissioner as 160
soon as practicable. A single project may receive a grant in more than 161
one grant cycle, subject to future availability of funds and subject to the 162
limitations set forth in this section and sections 23-78, 12-498 and 7-131d. 163
Up to five per cent of the grant funds may be used for administrative 164
expenses including, but not limited to: (1) Contractors to assist the 165
Department of Energy and Environmental Protection in the review and 166
evaluation of grant proposals and baseline data collection for 167
conservation easements; (2) appraisals or appraisal reviews; and (3) 168
preparation of legal and other documents. Administrative expenses 169
may not be used for staff salaries. Not later than September 1, 1998, for 170
the protected open space and watershed land acquisition grant program 171
established under section 7-131d, and not later than September 1, 2000, 172
for the Charter Oak open space grant program account established 173
under section 7-131t, the commissioner shall develop written guidelines 174
and a ranking system for consistency and equity in the distribution of 175
grant awards under the protected open space and watershed land 176
acquisition grant program established under section 7-131d or under the 177
Charter Oak open space grant program account established under 178
section 7-131t based on the criteria listed in subsections (b) and (c) of 179
section 7-131d. Consistent with such criteria, additional consideration 180
shall be given to: (A) Protection of lands adjacent to and complementary 181
to adjacent protected open space land or class I or class II water 182
company lands; (B) equitable geographic distribution of the grants; (C) 183 Raised Bill No. 224
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proximity of a property to urban areas with growth and development 184
pressures or to areas with open space deficiencies and underserved 185
populations; (D) protection of land particularly vulnerable to 186
development incompatible with its natural resource values including 187
the protection of a public water supply source; (E) consistency with the 188
[state's] state plan of conservation and development; (F) multiple 189
protection elements, such as water quality and supply protection, scenic 190
preservation and farmland preservation; (G) the extent to which the 191
presence of already constructed buildings or other man-made 192
improvements diminish or overshadow the natural resource value of a 193
proposed acquisition, or its value relative to its cost; and (H) 194
preservation of forest lands and bodies of water which naturally absorb 195
significant amounts of carbon dioxide. 196
Sec. 6. Subsection (d) of section 12-217ii of the general statutes is 197
repealed and the following is substituted in lieu thereof (Effective October 198
1, 2022): 199
(d) The commissioner shall determine whether (1) the taxpayer 200
making the application is eligible for the tax credit, and (2) the proposed 201
job growth (A) is economically viable only with use of the tax credit, (B) 202
would provide a net benefit to economic development and employment 203
opportunities in the state, and (C) conforms to the state plan of 204
conservation and development prepared pursuant to [section 16a-24] 205
part I of chapter 297. The commissioner may require the applicant to 206
submit such additional information as may be necessary to evaluate the 207
application. 208
Sec. 7. Section 16a-25 of the general statutes is repealed and the 209
following is substituted in lieu thereof (Effective October 1, 2022): 210
As used in this chapter: 211
(1) "Process" means the procedure for adopting, amending, revising 212
and implementing a state plan of conservation and development; 213
(2) "Existing plan" means the plan promulgated by Executive Order 214 Raised Bill No. 224
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No. 28, September 27, 1974; 215
(3) "Secretary" means the Secretary of the Office of Policy and 216
Management; 217
(4) "Committee" means the continuing legislative committee on state 218
planning and development established pursuant to section 4-60d; 219
(5) "Adoption year" means the calendar year which is no later than 220
five years subsequent to the year in which the plan was last adopted in 221
accordance with the process established in this chapter; 222
(6) "Revision year" means the calendar year immediately preceding 223
the adoption year; 224
(7) "Prerevision year" means the calendar year immediately 225
preceding the revision year; 226
(8) "State agency" means any state department, institution, board, 227
commission or official; and 228
(9) "Plan", when referring to the state plan [for] of conservation and 229
development, means the text of such plan and any accompanying 230
locational guide map. 231
Sec. 8. Subsection (a) of section 16a-32 of the general statutes is 232
repealed and the following is substituted in lieu thereof (Effective October 233
1, 2022): 234
(a) Each revision of the state plan of conservation and development 235
shall be initiated by the secretary and shall be undertaken in accordance 236
with the process outlined in this chapter. 237
Sec. 9. Subdivision (8) of subsection (a) of section 22a-92 of the general 238
statutes is repealed and the following is substituted in lieu thereof 239
(Effective October 1, 2022): 240
(8) To coordinate the activities of public agencies to ensure that state 241
expenditures enhance development while affording maximum 242 Raised Bill No. 224
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protection to natural coastal resources and processes in a manner 243
consistent with the state plan [for] of conservation and development 244
adopted pursuant to part I of chapter 297; 245
Sec. 10. Subsection (a) of section 22a-100 of the general statutes is 246
repealed and the following is substituted in lieu thereof (Effective October 247
1, 2022): 248
(a) All major state plans, other than the state plan [for] of conservation 249
and development adopted pursuant to part I of chapter 297, which affect 250
the coastal area shall be consistent with the goals and policies stated in 251
section 22a-92, as amended by this act, and existing state plans, other 252
than the state plan [for] of conservation and development adopted 253
pursuant to part I of chapter 297, which affect the coastal area shall, on 254
or before July 1, 1981, be revised, if necessary, to [insure] ensure 255
consistency with this chapter. Agencies responsible for revising state 256
plans, other than the state plan [for] of conservation and development 257
adopted pursuant to part I of chapter 297, shall consult with the 258
commissioner in making such revisions. 259
Sec. 11. Subsection (a) of section 22a-352 of the general statutes is 260
repealed and the following is substituted in lieu thereof (Effective October 261
1, 2022): 262
(a) Not later than July 1, 2017, the Water Planning Council, 263
established pursuant to section 25-33o, shall, within available 264
appropriations, prepare a state water plan for the management of the 265
water resources of the state. In developing such state water plan, the 266
Water Planning Council shall: (1) Design a unified planning program 267
and budget; (2) consider regional water and sewer facilities plans; (3) 268
identify the appropriate regions of the state for comprehensive water 269
planning; (4) identify the data needs and develop a consistent format for 270
submitting data to the council, applicable state agencies and regional 271
councils of governments for use in planning and permitting; (5) consider 272
the potential impact of climate change on the availability and 273
abundance of water resources and the importance of climate resiliency; 274 Raised Bill No. 224
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(6) seek involvement of interested parties; (7) solicit input from the 275
advisory group established pursuant to section 25-33o; (8) consider 276
individual water supply plans, water quality standards, stream flow 277
classifications, as described in regulations adopted pursuant to section 278
26-141b, water utility coordinating committee plans, the state plan of 279
conservation and development, as described in [section 16a-30] part I of 280
chapter 297, and any other planning documents deemed necessary by 281
the council; (9) promote the adoption of municipal ordinances based on 282
the State of Connecticut Model Water Use Restriction Ordinance for 283
municipal water emergencies; and (10) examine appropriate 284
mechanisms for resolving conflicts related to the implementation of the 285
state water plan. 286
Sec. 12. Subsection (k) of section 22a-430 of the general statutes is 287
repealed and the following is substituted in lieu thereof (Effective October 288
1, 2022): 289
(k) The commissioner shall not deny a permit under this section if the 290
basis for such denial is a determination by the commissioner that the 291
proposed activity for which application has been made is inconsistent 292
with the state plan of conservation and development adopted under 293
[section 16a-30] part I of chapter 297. 294
Sec. 13. Subdivision (9) of subsection (b) of section 22a-471 of the 295
general statutes is repealed and the following is substituted in lieu 296
thereof (Effective October 1, 2022): 297
(9) Notwithstanding any provision of this section and the [cost 298
sharing] cost-sharing formula established in section 22a-471-1 of the 299
regulations of Connecticut state agencies, for any area of a municipality 300
that is adjacent to a site listed on the State of Connecticut Superfund 301
Priority List where a water line extension component to such project has 302
been installed by a municipal or private water company, the minimum 303
size water main required to address pollution may be upgraded in order 304
to carry fire flow or address public water supply needs that are 305
consistent with an adopted municipal plan of conservation and 306 Raised Bill No. 224
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development and the municipality shall only be responsible to pay the 307
incremental project cost, which may be funded by such water company, 308
another person or available local, state or federal funds. 309
Sec. 14. Subsection (h) of section 22a-478 of the general statutes is 310
repealed and the following is substituted in lieu thereof (Effective October 311
1, 2022): 312
(h) The Department of Public Health shall establish and maintain a 313
priority list of eligible drinking water projects and shall establish a 314
system setting the priority for making project loans to eligible public 315
water systems. In establishing such priority list and ranking system, the 316
Commissioner of Public Health shall consider all factors which he 317
deems relevant, including but not limited to the following: (1) The 318
public health and safety; (2) protection of environmental resources; (3) 319
population affected; (4) risk to human health; (5) public water systems 320
most in need on a per household basis according to applicable state 321
affordability criteria; (6) compliance with the applicable requirements of 322
the federal Safe Drinking Water Act and other related federal acts; (7) 323
applicable state and federal regulations. The priority list of eligible 324
drinking water projects shall include a description of each project and 325
its purpose, impact, cost and construction schedule, and an explanation 326
of the manner in which priorities were established. The Commissioner 327
of Public Health shall adopt an interim priority list of eligible drinking 328
water projects for the purpose of making project loans prior to adoption 329
of final regulations, and in so doing may utilize existing rules and 330
regulations of the department relating to the program. To the extent 331
required by applicable federal law, the Department of Public Health 332
shall prepare any required intended use plan with respect to eligible 333
drinking water projects; (8) consistency with the state plan of 334
conservation and development; (9) consistency with the policies 335
delineated in section 22a-380; and (10) consistency with the coordinated 336
water system plan in accordance with subsection (f) of section 25-33d. 337
Sec. 15. Subsection (d) of section 25-68d of the general statutes is 338
repealed and the following is substituted in lieu thereof (Effective October 339 Raised Bill No. 224
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1, 2022): 340
(d) Any state agency proposing an activity or critical activity within 341
or affecting the floodplain may apply to the commissioner for 342
exemption from the provisions of subsection (b) of this section. Such 343
application shall include a statement of the reasons why such agency is 344
unable to comply with said subsection and any other information the 345
commissioner deems necessary. The commissioner, at least thirty days 346
before approving, approving with conditions or denying any such 347
application, shall publish once in a newspaper having a substantial 348
circulation in the affected area notice of: (1) The name of the applicant; 349
(2) the location and nature of the requested exemption; (3) the tentative 350
decision on the application; and (4) additional information the 351
commissioner deems necessary to support the decision to approve, 352
approve with conditions or deny the application. There shall be a 353
comment period following the public notice during which period 354
interested persons and municipalities may submit written comments. 355
After the comment period, the commissioner shall make a final 356
determination to either approve the application, approve the 357
application with conditions or deny the application. The commissioner 358
may hold a public hearing prior to approving, approving with 359
conditions or denying any application if in the discretion of the 360
commissioner the public interest will be best served thereby, and the 361
commissioner shall hold a public hearing upon receipt of a petition 362
signed by at least twenty-five persons. Notice of such hearing shall be 363
published at least thirty days before the hearing in a newspaper having 364
a substantial circulation in the area affected. The commissioner may 365
approve or approve with conditions such exemption if the 366
commissioner determines that (A) the agency has shown that the 367
activity or critical activity is in the public interest, will not injure persons 368
or damage property in the area of such activity or critical activity, 369
complies with the provisions of the National Flood Insurance Program, 370
and, in the case of a loan or grant, the recipient of the loan or grant has 371
been informed that increased flood insurance premiums may result 372
from the activity or critical activity. An activity shall be considered to be 373 Raised Bill No. 224
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in the public interest if it is a development subject to environmental 374
remediation regulations adopted pursuant to section 22a-133k and is in 375
or adjacent to an area identified as a regional center, neighborhood 376
conservation area, growth area or rural community center in the [State 377
Plan of Conservation and Development] state plan of conservation and 378
development pursuant to chapter 297, or (B) in the case of a flood control 379
project, such project meets the criteria of subparagraph (A) of this 380
subdivision and is more cost-effective to the state and municipalities 381
than a project constructed to or above the base flood or base flood for a 382
critical activity. Following approval for exemption for a flood control 383
project, the commissioner shall provide notice of the hazards of a flood 384
greater than the capacity of the project design to each member of the 385
legislature whose district will be affected by the project and to the 386
following agencies and officials in the area to be protected by the project: 387
The planning and zoning commission, the inland wetlands agency, the 388
director of civil defense, the conservation commission, the fire 389
department, the police department, the chief elected official and each 390
member of the legislative body, and the regional council of 391
governments. Notice shall be given to the general public by publication 392
in a newspaper of general circulation in each municipality in the area in 393
which the project is to be located. 394
Sec. 16. Subsection (b) of section 25-102gg of the general statutes is 395
repealed and the following is substituted in lieu thereof (Effective October 396
1, 2022): 397
(b) The assembly shall, from time to time, review, and may, after 398
public hearing of which at least fifteen [days] days' notice has been given 399
in a newspaper or newspapers having a circulation in the conservation 400
zone, revise the standards established pursuant to special act 79-77, as 401
amended by special act 81-1. Such revisions shall be consistent with the 402
state plan [for] of conservation and development adopted pursuant to 403
part I of chapter 297 and the purposes of this chapter. A copy of the 404
proposed revisions shall be furnished at least fifteen days prior thereto 405
to the conservation commission, zoning commission, the planning 406
commission or combined planning and zoning commission of the 407 Raised Bill No. 224
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municipalities to be affected thereby and shall be filed at least ten days 408
prior to the hearing in the office of the town or city clerk of the 409
municipalities affected thereby. 410
Sec. 17. Section 25-201 of the general statutes is repealed and the 411
following is substituted in lieu thereof (Effective October 1, 2022): 412
For the purposes of sections 25-200 to 25-210, inclusive: 413
(1) "Approved map" means a map approved by the commissioner 414
pursuant to section 25-205; 415
(2) "Approved river corridor protection plan" means a river corridor 416
protection plan approved by the commissioner pursuant to section 25-417
205; 418
(3) "Clear cutting" means removal of all standing woody vegetation 419
greater than one inch diameter at breast height within a designated river 420
corridor; 421
(4) "Commissioner" means the Commissioner of Energy and 422
Environmental Protection or his agent; 423
(5) "Designation" means designation, by act of the General Assembly, 424
of a river corridor for protection and preservation in accordance with an 425
approved river corridor protection plan and the provisions of sections 426
25-200 to 25-210, inclusive; 427
(6) "Designated river corridor" means that portion of a river corridor 428
defined on a map prepared in accordance with section 25-204, as 429
amended by this act, and which has been designated by the General 430
Assembly pursuant to sections 25-200 to 25-210, inclusive; 431
(7) "Eligible river corridor" means a river corridor which is included 432
on the list adopted by the commissioner pursuant to section 25-202; 433
(8) "Local drainage basin" means a local drainage basin referenced on 434
a map entitled "Natural Drainage Basins of Connecticut", published by 435 Raised Bill No. 224
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the Department of Energy and Environmental Protection, 1981; 436
(9) "Member municipality" means a municipality which is a member 437
of a river committee established pursuant to section 25-203; 438
(10) "Major state plan" means the plan for development of outdoor 439
recreation adopted pursuant to section 22a-21, the state-wide solid 440
waste management plan adopted pursuant to section 22a-228, the state-441
wide plan for the management of water resources adopted pursuant to 442
section 22a-352, as amended by this act, the state-wide environmental 443
plan adopted pursuant to section 22a-8, the plan for the disposal of 444
dredged material for Long Island Sound, the historic preservation plan 445
adopted under the National Historic Preservation Act, as amended, the 446
state-wide facility and capital plan adopted pursuant to section 4b-23, 447
the water quality management plan adopted under the federal Clean 448
Water Act, the marine resources management plan, the plan for 449
managing forest resources, the wildlife management plans and the 450
salmon restoration plan; 451
(11) "Person" means "person" as defined in section 22a-2; 452
(12) "River corridor" means any river, river segment or river system, 453
together with its floodplains, wetlands and uplands, contributing 454
overland runoff to such river, river segment or river system; 455
(13) "River committee" means a river committee established pursuant 456
to section 25-203; 457
(14) "River system" means a river, its tributaries and any lands 458
draining into such river or its tributaries; 459
(15) "Secretary" means the Secretary of the Office of Policy and 460
Management or his agent; 461
(16) "State rivers assessment data base" means the state-wide 462
assessment of the state's rivers prepared by the commissioner pursuant 463
to subdivision (3) of subsection (c) of section 25-102qq; 464 Raised Bill No. 224
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(17) ["State plan for conservation and development"] "State plan of 465
conservation and development" means the state plan [for] of 466
conservation and development prepared pursuant to part I of chapter 467
297; 468
(18) "Subregional drainage basin" means a subregional drainage 469
basin as depicted on a map entitled "Natural Drainage Basins of 470
Connecticut", published by the Department of Energy and 471
Environmental Protection, 1981; and 472
(19) "Water-dependent use" means a use which, by its nature or 473
function, requires direct access to, or location in or immediately adjacent 474
to, water and which therefore cannot be located upland and shall 475
include such recreational uses as riverside trails and bicycle paths. 476
Sec. 18. Subsection (e) of section 25-204 of the general statutes is 477
repealed and the following is substituted in lieu thereof (Effective October 478
1, 2022): 479
(e) After adoption pursuant to subsection (d) of this section of an 480
inventory, statement of objectives and map, the river committee shall 481
prepare a report on all federal, state and municipal laws, plans, 482
programs and proposed activities which may affect the river corridor 483
defined in such map. Such laws shall include regulations adopted 484
pursuant to chapter 440 and zoning, subdivision and site plan 485
regulations adopted pursuant to section 8-3. Such plans shall include 486
plans of conservation and development adopted pursuant to section 8-487
23, the state plan [for] of conservation and development adopted under 488
part I of chapter 297, water utility supply plans adopted pursuant to 489
section 25-32d, coordinated water system plans adopted pursuant to 490
section 25-33h, municipal open space plans, the commissioner's fish and 491
wildlife plans, and publicly-owned wastewater treatment facility plans. 492
State and regional agencies shall, within available resources, assist the 493
river committee in identifying such laws, plans, programs and proposed 494
activities. The report to be prepared pursuant to this section shall 495
identify any conflicts between such federal, state, regional and 496 Raised Bill No. 224
LCO No. 1774 17 of 22
municipal laws, plans, programs and proposed activities and the river 497
committee's objectives for river corridor protection and preservation as 498
reflected in the statement of objectives. If conflicts are identified, the 499
river committee shall notify the applicable state, regional or municipal 500
agencies and such agencies shall, within available resources, attempt 501
with the river commission to resolve such conflicts. 502
Sec. 19. Subsection (d) of section 25-206 of the general statutes is 503
repealed and the following is substituted in lieu thereof (Effective October 504
1, 2022): 505
(d) (1) Every major state plan other than the state plan [for] of 506
conservation and development, to the extent that it affects a designated 507
river corridor, shall be consistent with the approved river corridor 508
protection plan for such corridor, and any state plan which is 509
inconsistent with such approved river corridor protection plan shall be 510
modified accordingly. Such modifications shall be made in consultation 511
with the commissioner at the next scheduled revision of such plan. 512
(2) If the commissioner finds that the state plan [for] of conservation 513
and development is inconsistent with an approved river corridor 514
protection plan for a designated river corridor, he shall apply to the 515
secretary for a revision pursuant to section 16a-32, as amended by this 516
act. 517
(3) Every regional plan of conservation and development adopted 518
pursuant to section 8-35a, to the extent that it affects a designated river 519
corridor, shall be consistent with the approved river corridor protection 520
plan for such corridor and any regional plan of conservation and 521
development which is inconsistent with such approved river corridor 522
protection plan shall be modified accordingly. Such modifications shall 523
be made in consultation with the commissioner. 524
(4) Every municipal plan of conservation and development adopted 525
pursuant to section 8-23, to the extent that it affects a designated river 526
corridor, shall be consistent with the approved river corridor protection 527
plan for such corridor and any municipal plan of conservation and 528 Raised Bill No. 224
LCO No. 1774 18 of 22
development which is inconsistent with such approved river corridor 529
protection plan shall be modified accordingly. Such modifications shall 530
be made in consultation with the commissioner. 531
(5) The commissioner may notify any applicable federal agency of the 532
designation of a river corridor and may take any other appropriate 533
action to assure consideration of such designation in federal programs 534
or activities. 535
Sec. 20. Section 25-231 of the general statutes is repealed and the 536
following is substituted in lieu thereof (Effective October 1, 2022): 537
As used in sections 25-230 to 25-238, inclusive: 538
(1) "Approved river corridor management plan" means a river 539
corridor management plan approved by the commissioner pursuant to 540
section 25-235; 541
(2) "Commissioner" means the Commissioner of En ergy and 542
Environmental Protection or his agent; 543
(3) "Local drainage basin" means a local drainage basin as referenced 544
on a map entitled "Natural Drainage Basins of Connecticut", published 545
by the Department of Energy and Environmental Protection, 1981; 546
(4) "Major state plan" means any of the following: The plan for 547
development of outdoor recreation adopted pursuant to section 22a-21, 548
the state-wide solid waste management plan adopted pursuant to 549
section 22a-228, the state-wide plan for the management of water 550
resources adopted pursuant to section 22a-352, as amended by this act, 551
the state-wide environmental plan adopted pursuant to section 22a-8, 552
the historic preservation plan adopted under the National Historic 553
Preservation Act, 16 USC 470 et seq., the state-wide facility and capital 554
plan adopted pursuant to section 4b-23, the state's consolidated plan for 555
housing and community development prepared pursuant to section 8-556
37t, the water quality management plan adopted under the federal 557
Clean Water Act, 33 USC 1251 et seq., any plans for managing forest 558 Raised Bill No. 224
LCO No. 1774 19 of 22
resources adopted pursuant to section 23-20 and the Connecticut River 559
Atlantic Salmon Compact adopted pursuant to section 26-302; 560
(5) "Member municipality" means a municipality which is a member 561
of a river commission established pursuant to section 25-232; 562
(6) "Person" means person, as defined in section 22a-2; 563
(7) "River advisory board" means any of the following: The Five Mile 564
River Commission established pursuant to section 15-26a, the 565
Connecticut River Gateway Commission established pursuant to 566
section 25-102e, the Connecticut River Assembly established pursuant 567
to section 25-102dd, the Bi-State Pawcatuck River Commission 568
established pursuant to section 25-161, the Niantic River Gateway 569
Commission established pursuant to section 25-109e, the Housatonic 570
Estuary Commission established pursuant to section 25-170, the 571
Farmington River Coordinating Committee established pursuant to the 572
National Wild and Scenic Rivers Act, 16 USC 1274 et seq., the Shepaug-573
Bantam River Board or a river committee established pursuant to 574
section 25-203; 575
(8) "River corridor" means any river, river segment or river system, 576
together with its floodplains, wetlands and uplands, contributing 577
overland runoff to such river, river segment or river system; 578
(9) "River commission" means a river commission established 579
pursuant to section 25-232; 580
(10) "River system" means a river, its tributaries and any lands 581
draining into such river or its tributaries; 582
(11) "Secretary" means the Secretary of the Office of Policy and 583
Management or his agent; 584
(12) "State rivers assessment database" means the state-wide 585
assessment of the state's rivers prepared by the commissioner pursuant 586
to subdivision (3) of subsection (c) of section 25-102qq; 587 Raised Bill No. 224
LCO No. 1774 20 of 22
(13) ["State plan for conservation and development"] "State plan of 588
conservation and development" means the state plan [for] of 589
conservation and development prepared pursuant to part I of chapter 590
297; 591
(14) "Subregional drainage basin" means a subregional drainage 592
basin as referenced on a map entitled "Natural Drainage Basins of 593
Connecticut", published by the Department of Energy and 594
Environmental Protection, 1981; 595
(15) "Water-dependent use" means a use which, by its nature or 596
function, requires direct access to, or location in or immediately adjacent 597
to, water and which therefore cannot be located upland, and includes 598
such recreational uses as riverside trails and bicycle paths; 599
(16) "Use" means agriculture, public and private water supply, power 600
generation, waste assimilation, transportation, recreation, including, 601
but not limited to, boating, swimming, fishing, camping and hiking and 602
residential, commercial, industrial and other water-dependent uses; and 603
(17) "Resource" means any riparian waters of the state, related 604
fisheries and wildlife habitat and adjacent shorelands, both developed 605
and undeveloped; any vegetation, fish and wildlife; endangered and 606
threatened species, species of special concern and essential habitat 607
identified by the commissioner pursuant to chapter 495; tidal and inland 608
wetlands; unique geologic features; scenic areas; forest lands, as defined 609
in section 23-65f; agricultural lands, as defined in section 22-26bb; and 610
archaeological and other historical resources. 611
Sec. 21. Subsection (e) of section 25-234 of the general statutes is 612
repealed and the following is substituted in lieu thereof (Effective October 613
1, 2022): 614
(e) After adoption of an inventory, statement of objectives and map, 615
pursuant to subsection (d) of this section, the river commission shall 616
prepare a report on all federal, state, regional and municipal laws, plans, 617
programs and proposed activities that may affect the river corridor 618 Raised Bill No. 224
LCO No. 1774 21 of 22
defined in such map. Such federal, state, regional and municipal laws 619
shall include regulations adopted pursuant to chapter 440, and zoning, 620
subdivision and site plan regulations adopted pursuant to section 8-3. 621
Such federal, state, regional and municipal plans shall include plans of 622
development adopted pursuant to section 8-23, the state plan [for] of 623
conservation and development adopted under part I of chapter 297, 624
water utility supply plans submitted pursuant to section 25-32d, 625
coordinated water system plans submitted pursuant to section 25-33h, 626
plans prepared by regional planning organizations, as defined in section 627
4-124i, and plans of publicly owned wastewater treatment facilities 628
whose discharges may affect the subject river corridor. State and 629
regional agencies shall, within available resources, assist the river 630
commission in identifying such laws, plans, programs and proposed 631
activities. The report to be prepared pursuant to this section shall 632
identify any conflicts between such federal, state, regional and 633
municipal laws, plans, programs and proposed activities and the river 634
commission's objectives for river corridor management as reflected in 635
the statement of objectives. If conflicts are identified, the river 636
commission shall notify the applicable state, regional or municipal 637
agencies and such agencies shall, within available resources and in 638
consultation with the river commission, attempt to resolve such 639
conflicts. 640
Sec. 22. Subdivisions (1) and (2) of subsection (e) of section 25-236 of 641
the general statutes are repealed and the following is substituted in lieu 642
thereof (Effective October 1, 2022): 643
(e) (1) Every major state plan, other than the state plan [for] of 644
conservation and development, to the extent that such major state plan 645
affects any river corridor for which the commissioner has approved a 646
river corridor management plan, shall be consistent with such 647
management plan. Any major state plan, other than the state plan [for] 648
of conservation and development, which is inconsistent with a river 649
corridor management plan shall be modified accordingly. Such 650
modifications shall be made in consultation with the commissioner at 651
the next scheduled revision of such plan. 652 Raised Bill No. 224
LCO No. 1774 22 of 22
(2) If all the member municipalities of a river commission have 653
amended their applicable laws and plans pursuant to subsection (b) of 654
this section and if the commissioner finds that the state plan [for] of 655
conservation and development is inconsistent with the subject river 656
corridor management plan, he shall apply to the secretary for a revision 657
pursuant to section 16a-32, as amended by this act. 658
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2022 7-255
Sec. 2 October 1, 2022 8-2p
Sec. 3 October 1, 2022 8-26c(c)
Sec. 4 October 1, 2022 2-79a(a)(3)
Sec. 5 October 1, 2022 7-131e(a)
Sec. 6 October 1, 2022 12-217ii(d)
Sec. 7 October 1, 2022 16a-25
Sec. 8 October 1, 2022 16a-32(a)
Sec. 9 October 1, 2022 22a-92(a)(8)
Sec. 10 October 1, 2022 22a-100(a)
Sec. 11 October 1, 2022 22a-352(a)
Sec. 12 October 1, 2022 22a-430(k)
Sec. 13 October 1, 2022 22a-471(b)(9)
Sec. 14 October 1, 2022 22a-478(h)
Sec. 15 October 1, 2022 25-68d(d)
Sec. 16 October 1, 2022 25-102gg(b)
Sec. 17 October 1, 2022 25-201
Sec. 18 October 1, 2022 25-204(e)
Sec. 19 October 1, 2022 25-206(d)
Sec. 20 October 1, 2022 25-231
Sec. 21 October 1, 2022 25-234(e)
Sec. 22 October 1, 2022 25-236(e)(1) and (2)
Statement of Purpose:
To make minor and technical revisions to statutes concerning planning
and development.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]