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|---|---|---|---|
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| 2 | + | ||
| 3 | + | LCO 1774 \\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00224-R01- | |
| 4 | + | SB.docx | |
| 5 | + | 1 of 23 | |
| 6 | + | ||
| 7 | + | General Assembly Raised Bill No. 224 | |
| 8 | + | February Session, 2022 | |
| 9 | + | LCO No. 1774 | |
| 10 | + | ||
| 11 | + | ||
| 12 | + | Referred to Committee on PLANNING AND | |
| 13 | + | DEVELOPMENT | |
| 14 | + | ||
| 15 | + | ||
| 16 | + | Introduced by: | |
| 17 | + | (PD) | |
| 1 | 18 | ||
| 2 | 19 | ||
| 3 | 20 | ||
| 4 | - | Senate Bill No. 224 | |
| 5 | - | ||
| 6 | - | Public Act No. 22-23 | |
| 7 | - | ||
| 8 | - | ||
| 9 | 21 | AN ACT CONCERNING THE LEGISLATIVE COMMISSIONERS' | |
| 10 | - | RECOMMENDATIONS FOR MINOR AND TECHNICAL REVISIONS | |
| 11 | - | ||
| 22 | + | RECOMMENDATIONS FOR MINOR AND TECHNICAL REVISIONS TO | |
| 23 | + | STATUTES CONCERNING PLANNING AND DEVELOPMENT. | |
| 12 | 24 | Be it enacted by the Senate and House of Representatives in General | |
| 13 | 25 | Assembly convened: | |
| 14 | 26 | ||
| 15 | - | Section 1. Section 7-255 of the 2022 supplement to the general statutes | |
| 16 | - | is repealed and the following is substituted in lieu thereof (Effective | |
| 17 | - | October 1, 2022): | |
| 18 | - | (a) The water pollution control authority may establish and revise fair | |
| 19 | - | and reasonable charges for connection with and for the use of a | |
| 20 | - | sewerage system. The owner of property against which any such | |
| 21 | - | connection or use charge is levied shall be liable for the payment thereof. | |
| 22 | - | Municipally-owned and other tax-exempt property which uses the | |
| 23 | - | sewerage system shall be subject to such charges under the same | |
| 24 | - | conditions as are the owners of other property, but nothing herein shall | |
| 25 | - | be deemed to authorize the levying of any property tax by any | |
| 26 | - | municipality against any property exempt by the general statutes from | |
| 27 | - | property taxation. No charge for connection with or for the use of a | |
| 28 | - | sewerage system shall be established or revised until after a public | |
| 29 | - | hearing before the water pollution control authority at which the owner | |
| 30 | - | of property against which the charges are to be levied shall have an | |
| 31 | - | opportunity to be heard concerning the proposed charges. Such hearing Senate Bill No. 224 | |
| 27 | + | Section 1. Section 7-255 of the 2022 supplement to the general statutes 1 | |
| 28 | + | is repealed and the following is substituted in lieu thereof (Effective 2 | |
| 29 | + | October 1, 2022): 3 | |
| 30 | + | (a) The water pollution control authority may establish and revise fair 4 | |
| 31 | + | and reasonable charges for connection with and for the use of a 5 | |
| 32 | + | sewerage system. The owner of property against which any such 6 | |
| 33 | + | connection or use charge is levied shall be liable for the payment thereof. 7 | |
| 34 | + | Municipally-owned and other tax-exempt property which uses the 8 | |
| 35 | + | sewerage system shall be subject to such charges under the same 9 | |
| 36 | + | conditions as are the owners of other property, but nothing herein shall 10 | |
| 37 | + | be deemed to authorize the levying of any property tax by any 11 | |
| 38 | + | municipality against any property exempt by the general statutes from 12 | |
| 39 | + | property taxation. No charge for connection with or for the use of a 13 Raised Bill No. 224 | |
| 32 | 40 | ||
| 33 | - | Public Act No. 22-23 2 of 23 | |
| 34 | 41 | ||
| 35 | - | may be conducted in person or by means of electronic equipment. | |
| 36 | - | Notice of the time, place and purpose of such hearing shall be published | |
| 37 | - | at least ten days before the date thereof in a newspaper having a general | |
| 38 | - | circulation in the municipality and on the Internet web site of the | |
| 39 | - | municipality. A copy of the proposed charges shall be on file in the office | |
| 40 | - | of the clerk of the municipality and available for inspection by the public | |
| 41 | - | for at least ten days before the date of such hearing. When the water | |
| 42 | - | pollution control authority has established or revised such charges, it | |
| 43 | - | shall file a copy thereof in the office of the clerk of the municipality and, | |
| 44 | - | not later than five days after such filing, shall cause the same to be | |
| 45 | - | published in a newspaper having a general circulation in the | |
| 46 | - | municipality and on the Internet web site of the municipality. Such | |
| 47 | - | publication shall state the date on which such charges were filed and the | |
| 48 | - | time and manner of paying such charges and shall state that any appeals | |
| 49 | - | from such charges must be taken within twenty-one days after such | |
| 50 | - | filing. In establishing or revising such charges the water pollution | |
| 51 | - | control authority may classify the property connected or to be connected | |
| 52 | - | with the sewer system and the users of such system, including | |
| 53 | - | categories of industrial users, and may give consideration to any factors | |
| 54 | - | relating to the kind, quality or extent of use of any such property or | |
| 55 | - | classification of property or users including, but not limited to, (1) the | |
| 56 | - | volume of water discharged to the sewerage system, (2) the type or size | |
| 57 | - | of building connected with the sewerage system, (3) the number of | |
| 58 | - | plumbing fixtures connected with the sewerage system, (4) the number | |
| 59 | - | of persons customarily using the property served by the sewerage | |
| 60 | - | system, (5) in the case of commercial or industrial property, the average | |
| 61 | - | number of employees and guests using the property, and (6) the quality | |
| 62 | - | and character of the material discharged into the sewerage system. The | |
| 63 | - | water pollution control authority may establish minimum charges for | |
| 64 | - | connection with and for the use of a sewerage system. Any person | |
| 65 | - | aggrieved by any charge for connection with or for the use of a sewerage | |
| 66 | - | system may appeal to the superior court for the judicial district wherein | |
| 67 | - | the municipality is located and shall bring any such appeal to a return Senate Bill No. 224 | |
| 42 | + | LCO 1774 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00224- | |
| 43 | + | R01-SB.docx } | |
| 44 | + | 2 of 23 | |
| 68 | 45 | ||
| 69 | - | Public Act No. 22-23 3 of 23 | |
| 46 | + | sewerage system shall be established or revised until after a public 14 | |
| 47 | + | hearing before the water pollution control authority at which the owner 15 | |
| 48 | + | of property against which the charges are to be levied shall have an 16 | |
| 49 | + | opportunity to be heard concerning the proposed charges. Such hearing 17 | |
| 50 | + | may be conducted in person or by means of electronic equipment. 18 | |
| 51 | + | Notice of the time, place and purpose of such hearing shall be published 19 | |
| 52 | + | at least ten days before the date thereof in a newspaper having a general 20 | |
| 53 | + | circulation in the municipality and on the Internet web site of the 21 | |
| 54 | + | municipality. A copy of the proposed charges shall be on file in the office 22 | |
| 55 | + | of the clerk of the municipality and available for inspection by the public 23 | |
| 56 | + | for at least ten days before the date of such hearing. When the water 24 | |
| 57 | + | pollution control authority has established or revised such charges, it 25 | |
| 58 | + | shall file a copy thereof in the office of the clerk of the municipality and, 26 | |
| 59 | + | not later than five days after such filing, shall cause the same to be 27 | |
| 60 | + | published in a newspaper having a general circulation in the 28 | |
| 61 | + | municipality and on the Internet web site of the municipality. Such 29 | |
| 62 | + | publication shall state the date on which such charges were filed and the 30 | |
| 63 | + | time and manner of paying such charges and shall state that any appeals 31 | |
| 64 | + | from such charges must be taken within twenty-one days after such 32 | |
| 65 | + | filing. In establishing or revising such charges the water pollution 33 | |
| 66 | + | control authority may classify the property connected or to be connected 34 | |
| 67 | + | with the sewer system and the users of such system, including 35 | |
| 68 | + | categories of industrial users, and may give consideration to any factors 36 | |
| 69 | + | relating to the kind, quality or extent of use of any such property or 37 | |
| 70 | + | classification of property or users including, but not limited to, (1) the 38 | |
| 71 | + | volume of water discharged to the sewerage system, (2) the type or size 39 | |
| 72 | + | of building connected with the sewerage system, (3) the number of 40 | |
| 73 | + | plumbing fixtures connected with the sewerage system, (4) the number 41 | |
| 74 | + | of persons customarily using the property served by the sewerage 42 | |
| 75 | + | system, (5) in the case of commercial or industrial property, the average 43 | |
| 76 | + | number of employees and guests using the property, and (6) the quality 44 | |
| 77 | + | and character of the material discharged into the sewerage system. The 45 | |
| 78 | + | water pollution control authority may establish minimum charges for 46 | |
| 79 | + | connection with and for the use of a sewerage system. Any person 47 | |
| 80 | + | aggrieved by any charge for connection with or for the use of a sewerage 48 Raised Bill No. 224 | |
| 70 | 81 | ||
| 71 | - | day of said court not less than twelve or more than thirty days after | |
| 72 | - | service thereof. The judgment of the court shall be final. | |
| 73 | - | (b) Any municipality may, by ordinance, provide for the payment to | |
| 74 | - | the water pollution control authority by such municipality of the whole | |
| 75 | - | or a portion of such charges for specified classifications of property or | |
| 76 | - | users, provided such classifications are established by the water | |
| 77 | - | pollution control authority in accordance with the provisions of | |
| 78 | - | subsection (a) of this section and meet the requirements of the federal | |
| 79 | - | Water Pollution Control Act Amendments of 1972, P.L. 92-500, as | |
| 80 | - | amended from time to time. | |
| 81 | - | (c) Any municipality may, by ordinance, provide for optional | |
| 82 | - | methods of payment of sewer use charges to the water pollution control | |
| 83 | - | authority by (1) elderly taxpayers who are eligible for tax relief under | |
| 84 | - | the provisions of section 12-129b, section 12-170aa or a plan of tax relief | |
| 85 | - | for elderly taxpayers provided by such municipality in accordance with | |
| 86 | - | section 12-129n, or (2) any taxpayer under the age of sixty-five who is | |
| 87 | - | eligible for tax relief under the provisions of a plan for tax relief | |
| 88 | - | provided by such municipality in accordance with subdivision (2) of | |
| 89 | - | section 12-129n. | |
| 90 | - | Sec. 2. Section 8-2p of the 2022 supplement to the general statutes is | |
| 91 | - | repealed and the following is substituted in lieu thereof (Effective October | |
| 92 | - | 1, 2022): | |
| 93 | - | The zoning commission or combined planning and zoning | |
| 94 | - | commission, as applicable, of a municipality, by a two-thirds vote, may | |
| 95 | - | initiate the process by which such municipality opts out of the provision | |
| 96 | - | of subdivision (9) of subsection (d) of section 8-2 regarding limitations | |
| 97 | - | on parking spaces for dwelling units, provided such commission: (1) | |
| 98 | - | First holds a public hearing in accordance with the provisions of section | |
| 99 | - | 8-7d on such proposed opt-out, (2) affirmatively decides to opt out of | |
| 100 | - | the provision of said subsection within the period of time permitted Senate Bill No. 224 | |
| 101 | 82 | ||
| 102 | - | Public Act No. 22-23 4 of 23 | |
| 83 | + | LCO 1774 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00224- | |
| 84 | + | R01-SB.docx } | |
| 85 | + | 3 of 23 | |
| 103 | 86 | ||
| 104 | - | under section 8-7d, (3) states upon its records the reasons for such | |
| 105 | - | decision, and (4) publishes notice of such decision in a newspaper | |
| 106 | - | having a substantial circulation in the municipality not later than fifteen | |
| 107 | - | days after such decision has been rendered. Thereafter, the | |
| 108 | - | municipality's legislative body or, in a municipality where the | |
| 109 | - | legislative body is a town meeting, its board of selectmen, by a two- | |
| 110 | - | thirds vote, may complete the process by which such municipality opts | |
| 111 | - | out of the provision of subdivision (9) of subsection (d) of section 8-2. | |
| 112 | - | Sec. 3. Subsection (c) of section 8-26c of the 2022 supplement to the | |
| 113 | - | general statutes is repealed and the following is substituted in lieu | |
| 114 | - | thereof (Effective October 1, 2022): | |
| 115 | - | (c) In the case of a subdivision plan approved on or after October 1, | |
| 116 | - | 1977, failure to complete all work within such five-year period or any | |
| 117 | - | extension thereof shall result in automatic expiration of the approval of | |
| 118 | - | such plan provided the commission shall file on the land records of the | |
| 119 | - | town in which such subdivision is located notice of such expiration and | |
| 120 | - | shall state such expiration on the subdivision plan on file in the office of | |
| 121 | - | the town clerk of such town, and no additional lots in the subdivision | |
| 122 | - | shall be conveyed by the subdivider or his successor in interest as such | |
| 123 | - | subdivider except with approval by the commission of a new | |
| 124 | - | application for subdivision of the subject land. If lots have been | |
| 125 | - | conveyed during such five-year period or any extension thereof, the | |
| 126 | - | municipality shall call the bond or other surety on said subdivision to | |
| 127 | - | the extent necessary to complete the bonded improvements and utilities | |
| 128 | - | required to serve those lots. "Work" for purposes of this section means | |
| 129 | - | all physical improvements required by the approved plan, other than | |
| 130 | - | the staking out of lots, and includes, but is not limited to, the | |
| 131 | - | construction of roads, storm drainage facilities and water and sewer | |
| 132 | - | lines, the setting aside of open space and recreation areas, installation of | |
| 133 | - | telephone and electric services, planting of trees or other landscaping, | |
| 134 | - | and installation of retaining walls or other structures. Senate Bill No. 224 | |
| 87 | + | system may appeal to the superior court for the judicial district wherein 49 | |
| 88 | + | the municipality is located and shall bring any such appeal to a return 50 | |
| 89 | + | day of said court not less than twelve or more than thirty days after 51 | |
| 90 | + | service thereof. The judgment of the court shall be final. 52 | |
| 91 | + | (b) Any municipality may, by ordinance, provide for the payment to 53 | |
| 92 | + | the water pollution control authority by such municipality of the whole 54 | |
| 93 | + | or a portion of such charges for specified classifications of property or 55 | |
| 94 | + | users, provided such classifications are established by the water 56 | |
| 95 | + | pollution control authority in accordance with the provisions of 57 | |
| 96 | + | subsection (a) of this section and meet the requirements of the federal 58 | |
| 97 | + | Water Pollution Control Act Amendments of 1972, P.L. 92-500, as 59 | |
| 98 | + | amended from time to time. 60 | |
| 99 | + | (c) Any municipality may, by ordinance, provide for optional 61 | |
| 100 | + | methods of payment of sewer use charges to the water pollution control 62 | |
| 101 | + | authority by (1) elderly taxpayers who are eligible for tax relief under 63 | |
| 102 | + | the provisions of section 12-129b, section 12-170aa or a plan of tax relief 64 | |
| 103 | + | for elderly taxpayers provided by such municipality in accordance with 65 | |
| 104 | + | section 12-129n, or (2) any taxpayer under the age of sixty-five who is 66 | |
| 105 | + | eligible for tax relief under the provisions of a plan for tax relief 67 | |
| 106 | + | provided by such municipality in accordance with subdivision (2) of 68 | |
| 107 | + | section 12-129n. 69 | |
| 108 | + | Sec. 2. Section 8-2p of the 2022 supplement to the general statutes is 70 | |
| 109 | + | repealed and the following is substituted in lieu thereof (Effective October 71 | |
| 110 | + | 1, 2022): 72 | |
| 111 | + | The zoning commission or combined planning and zoning 73 | |
| 112 | + | commission, as applicable, of a municipality, by a two-thirds vote, may 74 | |
| 113 | + | initiate the process by which such municipality opts out of the provision 75 | |
| 114 | + | of subdivision (9) of subsection (d) of section 8-2 regarding limitations 76 | |
| 115 | + | on parking spaces for dwelling units, provided such commission: (1) 77 | |
| 116 | + | First holds a public hearing in accordance with the provisions of section 78 | |
| 117 | + | 8-7d on such proposed opt-out, (2) affirmatively decides to opt out of 79 | |
| 118 | + | the provision of said subsection within the period of time permitted 80 Raised Bill No. 224 | |
| 135 | 119 | ||
| 136 | - | Public Act No. 22-23 5 of 23 | |
| 137 | 120 | ||
| 138 | - | Sec. 4. Subdivision (3) of subsection (a) of section 2-79a of the general | |
| 139 | - | statutes is repealed and the following is substituted in lieu thereof | |
| 140 | - | (Effective October 1, 2022): | |
| 141 | - | (3) On and after July 1, 2019, the commission shall consist of the | |
| 142 | - | president pro tempore of the Senate, the speaker of the House of | |
| 143 | - | Representatives, the minority leader of the Senate, the minority leader | |
| 144 | - | of the House of Representatives, the Secretary of the Office of Policy and | |
| 145 | - | Management, the Commissioner of Education, the Commissioner of | |
| 146 | - | Energy and Environmental Protection and the Commissioner of | |
| 147 | - | Economic and Community Development, or their designees, and | |
| 148 | - | seventeen additional members as follows: (A) Six municipal officials | |
| 149 | - | appointed by the Governor, four of whom shall be selected from a list | |
| 150 | - | of nominees submitted to the Governor by the Connecticut Conference | |
| 151 | - | of Municipalities and two of whom shall be selected from a list | |
| 152 | - | submitted by the Council of Small Towns. One of such six officials shall | |
| 153 | - | be from a town having a population of ten thousand or less persons, one | |
| 154 | - | shall be from a town having a population of more than ten thousand but | |
| 155 | - | less than twenty thousand persons, two shall be from towns having | |
| 156 | - | populations of more than twenty thousand but less than sixty thousand | |
| 157 | - | persons and two shall be from towns having populations of sixty | |
| 158 | - | thousand or more persons; (B) two local public education officials | |
| 159 | - | appointed by the Governor, one of whom shall be selected from a list of | |
| 160 | - | nominees submitted to the Governor by the Connecticut Association of | |
| 161 | - | Boards of Education and one of whom shall be selected from a list | |
| 162 | - | submitted by the Connecticut Association of Public School | |
| 163 | - | Superintendents; (C) one representative of a regional council of | |
| 164 | - | governments appointed by the Governor from a list of nominees | |
| 165 | - | submitted to the Governor by the Connecticut Association of Councils | |
| 166 | - | of Governments; (D) one representative of organized labor appointed | |
| 167 | - | by the Governor from a list of nominees submitted to the Governor by | |
| 168 | - | the Connecticut AFL-CIO; (E) five persons who do not hold elected or | |
| 169 | - | appointed office in state or local government, one of whom shall be Senate Bill No. 224 | |
| 121 | + | LCO 1774 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00224- | |
| 122 | + | R01-SB.docx } | |
| 123 | + | 4 of 23 | |
| 170 | 124 | ||
| 171 | - | Public Act No. 22-23 6 of 23 | |
| 125 | + | under section 8-7d, (3) states upon its records the reasons for such 81 | |
| 126 | + | decision, and (4) publishes notice of such decision in a newspaper 82 | |
| 127 | + | having a substantial circulation in the municipality not later than fifteen 83 | |
| 128 | + | days after such decision has been rendered. Thereafter, the 84 | |
| 129 | + | municipality's legislative body or, in a municipality where the 85 | |
| 130 | + | legislative body is a town meeting, its board of selectmen, by a two-86 | |
| 131 | + | thirds vote, may complete the process by which such municipality opts 87 | |
| 132 | + | out of the provision of subdivision (9) of subsection (d) of section 8-2. 88 | |
| 133 | + | Sec. 3. Subsection (c) of section 8-26c of the 2022 supplement to the 89 | |
| 134 | + | general statutes is repealed and the following is substituted in lieu 90 | |
| 135 | + | thereof (Effective October 1, 2022): 91 | |
| 136 | + | (c) In the case of a subdivision plan approved on or after October 1, 92 | |
| 137 | + | 1977, failure to complete all work within such five-year period or any 93 | |
| 138 | + | extension thereof shall result in automatic expiration of the approval of 94 | |
| 139 | + | such plan provided the commission shall file on the land records of the 95 | |
| 140 | + | town in which such subdivision is located notice of such expiration and 96 | |
| 141 | + | shall state such expiration on the subdivision plan on file in the office of 97 | |
| 142 | + | the town clerk of such town, and no additional lots in the subdivision 98 | |
| 143 | + | shall be conveyed by the subdivider or his successor in interest as such 99 | |
| 144 | + | subdivider except with approval by the commission of a new 100 | |
| 145 | + | application for subdivision of the subject land. If lots have been 101 | |
| 146 | + | conveyed during such five-year period or any extension thereof, the 102 | |
| 147 | + | municipality shall call the bond or other surety on said subdivision to 103 | |
| 148 | + | the extent necessary to complete the bonded improvements and utilities 104 | |
| 149 | + | required to serve those lots. "Work" for purposes of this section means 105 | |
| 150 | + | all physical improvements required by the approved plan, other than 106 | |
| 151 | + | the staking out of lots, and includes, but is not limited to, the 107 | |
| 152 | + | construction of roads, storm drainage facilities and water and sewer 108 | |
| 153 | + | lines, the setting aside of open space and recreation areas, installation of 109 | |
| 154 | + | telephone and electric services, planting of trees or other landscaping, 110 | |
| 155 | + | and installation of retaining walls or other structures. 111 | |
| 156 | + | Sec. 4. Subdivision (3) of subsection (a) of section 2-79a of the general 112 | |
| 157 | + | statutes is repealed and the following is substituted in lieu thereof 113 Raised Bill No. 224 | |
| 172 | 158 | ||
| 173 | - | appointed by the Governor, one of whom shall be appointed by the | |
| 174 | - | president pro tempore of the Senate, one of whom shall be appointed by | |
| 175 | - | the speaker of the House of Representatives, one of whom shall be | |
| 176 | - | appointed by the minority leader of the Senate and one of whom shall | |
| 177 | - | be appointed by the minority leader of the House of Representatives; (F) | |
| 178 | - | one representative of the Connecticut Conference of Municipalities | |
| 179 | - | appointed by said conference; and (G) one representative of the Council | |
| 180 | - | of Small Towns appointed by said council. | |
| 181 | - | Sec. 5. Subsection (a) of section 7-131e of the general statutes is | |
| 182 | - | repealed and the following is substituted in lieu thereof (Effective October | |
| 183 | - | 1, 2022): | |
| 184 | - | (a) Grant award decisions under the protected open space and | |
| 185 | - | watershed land acquisition grant program established under section 7- | |
| 186 | - | 131d or under the Charter Oak open space grant program established | |
| 187 | - | under section 7-131t shall be made by the Commissioner of Energy and | |
| 188 | - | Environmental Protection at least semiannually. All complete and | |
| 189 | - | eligible grant applications shall be acted upon by the commissioner as | |
| 190 | - | soon as practicable. A single project may receive a grant in more than | |
| 191 | - | one grant cycle, subject to future availability of funds and subject to the | |
| 192 | - | limitations set forth in this section and sections 23-78, 12-498 and 7-131d. | |
| 193 | - | Up to five per cent of the grant funds may be used for administrative | |
| 194 | - | expenses including, but not limited to: (1) Contractors to assist the | |
| 195 | - | Department of Energy and Environmental Protection in the review and | |
| 196 | - | evaluation of grant proposals and baseline data collection for | |
| 197 | - | conservation easements; (2) appraisals or appraisal reviews; and (3) | |
| 198 | - | preparation of legal and other documents. Administrative expenses | |
| 199 | - | may not be used for staff salaries. Not later than September 1, 1998, for | |
| 200 | - | the protected open space and watershed land acquisition grant program | |
| 201 | - | established under section 7-131d, and not later than September 1, 2000, | |
| 202 | - | for the Charter Oak open space grant program account established | |
| 203 | - | under section 7-131t, the commissioner shall develop written guidelines Senate Bill No. 224 | |
| 204 | 159 | ||
| 205 | - | Public Act No. 22-23 7 of 23 | |
| 160 | + | LCO 1774 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00224- | |
| 161 | + | R01-SB.docx } | |
| 162 | + | 5 of 23 | |
| 206 | 163 | ||
| 207 | - | and a ranking system for consistency and equity in the distribution of | |
| 208 | - | grant awards under the protected open space and watershed land | |
| 209 | - | acquisition grant program established under section 7-131d or under the | |
| 210 | - | Charter Oak open space grant program account established under | |
| 211 | - | section 7-131t based on the criteria listed in subsections (b) and (c) of | |
| 212 | - | section 7-131d. Consistent with such criteria, additional consideration | |
| 213 | - | shall be given to: (A) Protection of lands adjacent to and complementary | |
| 214 | - | to adjacent protected open space land or class I or class II water | |
| 215 | - | company lands; (B) equitable geographic distribution of the grants; (C) | |
| 216 | - | proximity of a property to urban areas with growth and development | |
| 217 | - | pressures or to areas with open space deficiencies and underserved | |
| 218 | - | populations; (D) protection of land particularly vulnerable to | |
| 219 | - | development incompatible with its natural resource values including | |
| 220 | - | the protection of a public water supply source; (E) consistency with the | |
| 221 | - | [state's] state plan of conservation and development; (F) multiple | |
| 222 | - | protection elements, such as water quality and supply protection, scenic | |
| 223 | - | preservation and farmland preservation; (G) the extent to which the | |
| 224 | - | presence of already constructed buildings or other man-made | |
| 225 | - | improvements diminish or overshadow the natural resource value of a | |
| 226 | - | proposed acquisition, or its value relative to its cost; and (H) | |
| 227 | - | preservation of forest lands and bodies of water which naturally absorb | |
| 228 | - | significant amounts of carbon dioxide. | |
| 229 | - | Sec. 6. Subsection (d) of section 12-217ii of the general statutes is | |
| 230 | - | repealed and the following is substituted in lieu thereof (Effective October | |
| 231 | - | 1, 2022): | |
| 232 | - | (d) The commissioner shall determine whether (1) the taxpayer | |
| 233 | - | making the application is eligible for the tax credit, and (2) the proposed | |
| 234 | - | job growth (A) is economically viable only with use of the tax credit, (B) | |
| 235 | - | would provide a net benefit to economic development and employment | |
| 236 | - | opportunities in the state, and (C) conforms to the state plan of | |
| 237 | - | conservation and development prepared pursuant to [section 16a-24] Senate Bill No. 224 | |
| 164 | + | (Effective October 1, 2022): 114 | |
| 165 | + | (3) On and after July 1, 2019, the commission shall consist of the 115 | |
| 166 | + | president pro tempore of the Senate, the speaker of the House of 116 | |
| 167 | + | Representatives, the minority leader of the Senate, the minority leader 117 | |
| 168 | + | of the House of Representatives, the Secretary of the Office of Policy and 118 | |
| 169 | + | Management, the Commissioner of Education, the Commissioner of 119 | |
| 170 | + | Energy and Environmental Protection and the Commissioner of 120 | |
| 171 | + | Economic and Community Development, or their designees, and 121 | |
| 172 | + | seventeen additional members as follows: (A) Six municipal officials 122 | |
| 173 | + | appointed by the Governor, four of whom shall be selected from a list 123 | |
| 174 | + | of nominees submitted to the Governor by the Connecticut Conference 124 | |
| 175 | + | of Municipalities and two of whom shall be selected from a list 125 | |
| 176 | + | submitted by the Council of Small Towns. One of such six officials shall 126 | |
| 177 | + | be from a town having a population of ten thousand or less persons, one 127 | |
| 178 | + | shall be from a town having a population of more than ten thousand but 128 | |
| 179 | + | less than twenty thousand persons, two shall be from towns having 129 | |
| 180 | + | populations of more than twenty thousand but less than sixty thousand 130 | |
| 181 | + | persons and two shall be from towns having populations of sixty 131 | |
| 182 | + | thousand or more persons; (B) two local public education officials 132 | |
| 183 | + | appointed by the Governor, one of whom shall be selected from a list of 133 | |
| 184 | + | nominees submitted to the Governor by the Connecticut Association of 134 | |
| 185 | + | Boards of Education and one of whom shall be selected from a list 135 | |
| 186 | + | submitted by the Connecticut Association of Public School 136 | |
| 187 | + | Superintendents; (C) one representative of a regional council of 137 | |
| 188 | + | governments appointed by the Governor from a list of nominees 138 | |
| 189 | + | submitted to the Governor by the Connecticut Association of Councils 139 | |
| 190 | + | of Governments; (D) one representative of organized labor appointed 140 | |
| 191 | + | by the Governor from a list of nominees submitted to the Governor by 141 | |
| 192 | + | the Connecticut AFL-CIO; (E) five persons who do not hold elected or 142 | |
| 193 | + | appointed office in state or local government, one of whom shall be 143 | |
| 194 | + | appointed by the Governor, one of whom shall be appointed by the 144 | |
| 195 | + | president pro tempore of the Senate, one of whom shall be appointed by 145 | |
| 196 | + | the speaker of the House of Representatives, one of whom shall be 146 | |
| 197 | + | appointed by the minority leader of the Senate and one of whom shall 147 Raised Bill No. 224 | |
| 238 | 198 | ||
| 239 | - | Public Act No. 22-23 8 of 23 | |
| 240 | 199 | ||
| 241 | - | part I of chapter 297. The commissioner may require the applicant to | |
| 242 | - | submit such additional information as may be necessary to evaluate the | |
| 243 | - | application. | |
| 244 | - | Sec. 7. Section 16a-25 of the general statutes is repealed and the | |
| 245 | - | following is substituted in lieu thereof (Effective October 1, 2022): | |
| 246 | - | As used in this chapter: | |
| 247 | - | (1) "Process" means the procedure for adopting, amending, revising | |
| 248 | - | and implementing a state plan of conservation and development; | |
| 249 | - | (2) "Existing plan" means the plan promulgated by Executive Order | |
| 250 | - | No. 28, September 27, 1974; | |
| 251 | - | (3) "Secretary" means the Secretary of the Office of Policy and | |
| 252 | - | Management; | |
| 253 | - | (4) "Committee" means the continuing legislative committee on state | |
| 254 | - | planning and development established pursuant to section 4-60d; | |
| 255 | - | (5) "Adoption year" means the calendar year which is no later than | |
| 256 | - | five years subsequent to the year in which the plan was last adopted in | |
| 257 | - | accordance with the process established in this chapter; | |
| 258 | - | (6) "Revision year" means the calendar year immediately preceding | |
| 259 | - | the adoption year; | |
| 260 | - | (7) "Prerevision year" means the calendar year immediately | |
| 261 | - | preceding the revision year; | |
| 262 | - | (8) "State agency" means any state department, institution, board, | |
| 263 | - | commission or official; and | |
| 264 | - | (9) "Plan", when referring to the state plan [for] of conservation and | |
| 265 | - | development, means the text of such plan and any accompanying Senate Bill No. 224 | |
| 200 | + | LCO 1774 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00224- | |
| 201 | + | R01-SB.docx } | |
| 202 | + | 6 of 23 | |
| 266 | 203 | ||
| 267 | - | Public Act No. 22-23 9 of 23 | |
| 204 | + | be appointed by the minority leader of the House of Representatives; (F) 148 | |
| 205 | + | one representative of the Connecticut Conference of Municipalities 149 | |
| 206 | + | appointed by said conference; and (G) one representative of the Council 150 | |
| 207 | + | of Small Towns appointed by said council. 151 | |
| 208 | + | Sec. 5. Subsection (a) of section 7-131e of the general statutes is 152 | |
| 209 | + | repealed and the following is substituted in lieu thereof (Effective October 153 | |
| 210 | + | 1, 2022): 154 | |
| 211 | + | (a) Grant award decisions under the protected open space and 155 | |
| 212 | + | watershed land acquisition grant program established under section 7-156 | |
| 213 | + | 131d or under the Charter Oak open space grant program established 157 | |
| 214 | + | under section 7-131t shall be made by the Commissioner of Energy and 158 | |
| 215 | + | Environmental Protection at least semiannually. All complete and 159 | |
| 216 | + | eligible grant applications shall be acted upon by the commissioner as 160 | |
| 217 | + | soon as practicable. A single project may receive a grant in more than 161 | |
| 218 | + | one grant cycle, subject to future availability of funds and subject to the 162 | |
| 219 | + | limitations set forth in this section and sections 23-78, 12-498 and 7-131d. 163 | |
| 220 | + | Up to five per cent of the grant funds may be used for administrative 164 | |
| 221 | + | expenses including, but not limited to: (1) Contractors to assist the 165 | |
| 222 | + | Department of Energy and Environmental Protection in the review and 166 | |
| 223 | + | evaluation of grant proposals and baseline data collection for 167 | |
| 224 | + | conservation easements; (2) appraisals or appraisal reviews; and (3) 168 | |
| 225 | + | preparation of legal and other documents. Administrative expenses 169 | |
| 226 | + | may not be used for staff salaries. Not later than September 1, 1998, for 170 | |
| 227 | + | the protected open space and watershed land acquisition grant program 171 | |
| 228 | + | established under section 7-131d, and not later than September 1, 2000, 172 | |
| 229 | + | for the Charter Oak open space grant program account established 173 | |
| 230 | + | under section 7-131t, the commissioner shall develop written guidelines 174 | |
| 231 | + | and a ranking system for consistency and equity in the distribution of 175 | |
| 232 | + | grant awards under the protected open space and watershed land 176 | |
| 233 | + | acquisition grant program established under section 7-131d or under the 177 | |
| 234 | + | Charter Oak open space grant program account established under 178 | |
| 235 | + | section 7-131t based on the criteria listed in subsections (b) and (c) of 179 | |
| 236 | + | section 7-131d. Consistent with such criteria, additional consideration 180 Raised Bill No. 224 | |
| 268 | 237 | ||
| 269 | - | locational guide map. | |
| 270 | - | Sec. 8. Subsection (a) of section 16a-32 of the general statutes is | |
| 271 | - | repealed and the following is substituted in lieu thereof (Effective October | |
| 272 | - | 1, 2022): | |
| 273 | - | (a) Each revision of the state plan of conservation and development | |
| 274 | - | shall be initiated by the secretary and shall be undertaken in accordance | |
| 275 | - | with the process outlined in this chapter. | |
| 276 | - | Sec. 9. Subdivision (8) of subsection (a) of section 22a-92 of the general | |
| 277 | - | statutes is repealed and the following is substituted in lieu thereof | |
| 278 | - | (Effective October 1, 2022): | |
| 279 | - | (8) To coordinate the activities of public agencies to ensure that state | |
| 280 | - | expenditures enhance development while affording maximum | |
| 281 | - | protection to natural coastal resources and processes in a manner | |
| 282 | - | consistent with the state plan [for] of conservation and development | |
| 283 | - | adopted pursuant to part I of chapter 297; | |
| 284 | - | Sec. 10. Subsection (a) of section 22a-100 of the general statutes is | |
| 285 | - | repealed and the following is substituted in lieu thereof (Effective October | |
| 286 | - | 1, 2022): | |
| 287 | - | (a) All major state plans, other than the state plan [for] of conservation | |
| 288 | - | and development adopted pursuant to part I of chapter 297, which affect | |
| 289 | - | the coastal area shall be consistent with the goals and policies stated in | |
| 290 | - | section 22a-92, as amended by this act, and existing state plans, other | |
| 291 | - | than the state plan [for] of conservation and development adopted | |
| 292 | - | pursuant to part I of chapter 297, which affect the coastal area shall, on | |
| 293 | - | or before July 1, 1981, be revised, if necessary, to [insure] ensure | |
| 294 | - | consistency with this chapter. Agencies responsible for revising state | |
| 295 | - | plans, other than the state plan [for] of conservation and development | |
| 296 | - | adopted pursuant to part I of chapter 297, shall consult with the | |
| 297 | - | commissioner in making such revisions. Senate Bill No. 224 | |
| 298 | 238 | ||
| 299 | - | Public Act No. 22-23 10 of 23 | |
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| 240 | + | R01-SB.docx } | |
| 241 | + | 7 of 23 | |
| 300 | 242 | ||
| 301 | - | ||
| 302 | - | ||
| 303 | - | ||
| 304 | - | ||
| 305 | - | ||
| 306 | - | ||
| 307 | - | ||
| 308 | - | ||
| 309 | - | and | |
| 310 | - | ||
| 311 | - | ||
| 312 | - | ||
| 313 | - | ||
| 314 | - | ||
| 315 | - | ||
| 316 | - | ||
| 317 | - | ||
| 318 | - | ||
| 319 | - | ||
| 320 | - | ||
| 321 | - | ||
| 322 | - | ||
| 323 | - | ||
| 324 | - | the State of | |
| 325 | - | ||
| 326 | - | ||
| 327 | - | ||
| 328 | - | ||
| 329 | - | repealed and the | |
| 330 | - | 1, 2022): | |
| 331 | - | ||
| 243 | + | shall be given to: (A) Protection of lands adjacent to and complementary 181 | |
| 244 | + | to adjacent protected open space land or class I or class II water 182 | |
| 245 | + | company lands; (B) equitable geographic distribution of the grants; (C) 183 | |
| 246 | + | proximity of a property to urban areas with growth and development 184 | |
| 247 | + | pressures or to areas with open space deficiencies and underserved 185 | |
| 248 | + | populations; (D) protection of land particularly vulnerable to 186 | |
| 249 | + | development incompatible with its natural resource values including 187 | |
| 250 | + | the protection of a public water supply source; (E) consistency with the 188 | |
| 251 | + | [state's] state plan of conservation and development; (F) multiple 189 | |
| 252 | + | protection elements, such as water quality and supply protection, scenic 190 | |
| 253 | + | preservation and farmland preservation; (G) the extent to which the 191 | |
| 254 | + | presence of already constructed buildings or other man-made 192 | |
| 255 | + | improvements diminish or overshadow the natural resource value of a 193 | |
| 256 | + | proposed acquisition, or its value relative to its cost; and (H) 194 | |
| 257 | + | preservation of forest lands and bodies of water which naturally absorb 195 | |
| 258 | + | significant amounts of carbon dioxide. 196 | |
| 259 | + | Sec. 6. Subsection (d) of section 12-217ii of the general statutes is 197 | |
| 260 | + | repealed and the following is substituted in lieu thereof (Effective October 198 | |
| 261 | + | 1, 2022): 199 | |
| 262 | + | (d) The commissioner shall determine whether (1) the taxpayer 200 | |
| 263 | + | making the application is eligible for the tax credit, and (2) the proposed 201 | |
| 264 | + | job growth (A) is economically viable only with use of the tax credit, (B) 202 | |
| 265 | + | would provide a net benefit to economic development and employment 203 | |
| 266 | + | opportunities in the state, and (C) conforms to the state plan of 204 | |
| 267 | + | conservation and development prepared pursuant to [section 16a-24] 205 | |
| 268 | + | part I of chapter 297. The commissioner may require the applicant to 206 | |
| 269 | + | submit such additional information as may be necessary to evaluate the 207 | |
| 270 | + | application. 208 | |
| 271 | + | Sec. 7. Section 16a-25 of the general statutes is repealed and the 209 | |
| 272 | + | following is substituted in lieu thereof (Effective October 1, 2022): 210 | |
| 273 | + | As used in this chapter: 211 Raised Bill No. 224 | |
| 332 | 274 | ||
| 333 | - | Public Act No. 22-23 11 of 23 | |
| 334 | 275 | ||
| 335 | - | basis for such denial is a determination by the commissioner that the | |
| 336 | - | proposed activity for which application has been made is inconsistent | |
| 337 | - | with the state plan of conservation and development adopted under | |
| 338 | - | [section 16a-30] part I of chapter 297. | |
| 339 | - | Sec. 13. Subdivision (9) of subsection (b) of section 22a-471 of the | |
| 340 | - | general statutes is repealed and the following is substituted in lieu | |
| 341 | - | thereof (Effective October 1, 2022): | |
| 342 | - | (9) Notwithstanding any provision of this section and the [cost | |
| 343 | - | sharing] cost-sharing formula established in section 22a-471-1 of the | |
| 344 | - | regulations of Connecticut state agencies, for any area of a municipality | |
| 345 | - | that is adjacent to a site listed on the State of Connecticut Superfund | |
| 346 | - | Priority List where a water line extension component to such project has | |
| 347 | - | been installed by a municipal or private water company, the minimum | |
| 348 | - | size water main required to address pollution may be upgraded in order | |
| 349 | - | to carry fire flow or address public water supply needs that are | |
| 350 | - | consistent with an adopted municipal plan of conservation and | |
| 351 | - | development and the municipality shall only be responsible to pay the | |
| 352 | - | incremental project cost, which may be funded by such water company, | |
| 353 | - | another person or available local, state or federal funds. | |
| 354 | - | Sec. 14. Subsection (h) of section 22a-478 of the general statutes is | |
| 355 | - | repealed and the following is substituted in lieu thereof (Effective October | |
| 356 | - | 1, 2022): | |
| 357 | - | (h) The Department of Public Health shall establish and maintain a | |
| 358 | - | priority list of eligible drinking water projects and shall establish a | |
| 359 | - | system setting the priority for making project loans to eligible public | |
| 360 | - | water systems. In establishing such priority list and ranking system, the | |
| 361 | - | Commissioner of Public Health shall consider all factors which he | |
| 362 | - | deems relevant, including but not limited to the following: (1) The | |
| 363 | - | public health and safety; (2) protection of environmental resources; (3) | |
| 364 | - | population affected; (4) risk to human health; (5) public water systems Senate Bill No. 224 | |
| 276 | + | LCO 1774 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00224- | |
| 277 | + | R01-SB.docx } | |
| 278 | + | 8 of 23 | |
| 365 | 279 | ||
| 366 | - | Public Act No. 22-23 12 of 23 | |
| 280 | + | (1) "Process" means the procedure for adopting, amending, revising 212 | |
| 281 | + | and implementing a state plan of conservation and development; 213 | |
| 282 | + | (2) "Existing plan" means the plan promulgated by Executive Order 214 | |
| 283 | + | No. 28, September 27, 1974; 215 | |
| 284 | + | (3) "Secretary" means the Secretary of the Office of Policy and 216 | |
| 285 | + | Management; 217 | |
| 286 | + | (4) "Committee" means the continuing legislative committee on state 218 | |
| 287 | + | planning and development established pursuant to section 4-60d; 219 | |
| 288 | + | (5) "Adoption year" means the calendar year which is no later than 220 | |
| 289 | + | five years subsequent to the year in which the plan was last adopted in 221 | |
| 290 | + | accordance with the process established in this chapter; 222 | |
| 291 | + | (6) "Revision year" means the calendar year immediately preceding 223 | |
| 292 | + | the adoption year; 224 | |
| 293 | + | (7) "Prerevision year" means the calendar year immediately 225 | |
| 294 | + | preceding the revision year; 226 | |
| 295 | + | (8) "State agency" means any state department, institution, board, 227 | |
| 296 | + | commission or official; and 228 | |
| 297 | + | (9) "Plan", when referring to the state plan [for] of conservation and 229 | |
| 298 | + | development, means the text of such plan and any accompanying 230 | |
| 299 | + | locational guide map. 231 | |
| 300 | + | Sec. 8. Subsection (a) of section 16a-32 of the general statutes is 232 | |
| 301 | + | repealed and the following is substituted in lieu thereof (Effective October 233 | |
| 302 | + | 1, 2022): 234 | |
| 303 | + | (a) Each revision of the state plan of conservation and development 235 | |
| 304 | + | shall be initiated by the secretary and shall be undertaken in accordance 236 | |
| 305 | + | with the process outlined in this chapter. 237 | |
| 306 | + | Sec. 9. Subdivision (8) of subsection (a) of section 22a-92 of the general 238 Raised Bill No. 224 | |
| 367 | 307 | ||
| 368 | - | most in need on a per household basis according to applicable state | |
| 369 | - | affordability criteria; (6) compliance with the applicable requirements of | |
| 370 | - | the federal Safe Drinking Water Act and other related federal acts; (7) | |
| 371 | - | applicable state and federal regulations. The priority list of eligible | |
| 372 | - | drinking water projects shall include a description of each project and | |
| 373 | - | its purpose, impact, cost and construction schedule, and an explanation | |
| 374 | - | of the manner in which priorities were established. The Commissioner | |
| 375 | - | of Public Health shall adopt an interim priority list of eligible drinking | |
| 376 | - | water projects for the purpose of making project loans prior to adoption | |
| 377 | - | of final regulations, and in so doing may utilize existing rules and | |
| 378 | - | regulations of the department relating to the program. To the extent | |
| 379 | - | required by applicable federal law, the Department of Public Health | |
| 380 | - | shall prepare any required intended use plan with respect to eligible | |
| 381 | - | drinking water projects; (8) consistency with the state plan of | |
| 382 | - | conservation and development; (9) consistency with the policies | |
| 383 | - | delineated in section 22a-380; and (10) consistency with the coordinated | |
| 384 | - | water system plan in accordance with subsection (f) of section 25-33d. | |
| 385 | - | Sec. 15. Subsection (d) of section 25-68d of the general statutes is | |
| 386 | - | repealed and the following is substituted in lieu thereof (Effective October | |
| 387 | - | 1, 2022): | |
| 388 | - | (d) Any state agency proposing an activity or critical activity within | |
| 389 | - | or affecting the floodplain may apply to the commissioner for | |
| 390 | - | exemption from the provisions of subsection (b) of this section. Such | |
| 391 | - | application shall include a statement of the reasons why such agency is | |
| 392 | - | unable to comply with said subsection and any other information the | |
| 393 | - | commissioner deems necessary. The commissioner, at least thirty days | |
| 394 | - | before approving, approving with conditions or denying any such | |
| 395 | - | application, shall publish once in a newspaper having a substantial | |
| 396 | - | circulation in the affected area notice of: (1) The name of the applicant; | |
| 397 | - | (2) the location and nature of the requested exemption; (3) the tentative | |
| 398 | - | decision on the application; and (4) additional information the Senate Bill No. 224 | |
| 399 | 308 | ||
| 400 | - | Public Act No. 22-23 13 of 23 | |
| 309 | + | LCO 1774 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00224- | |
| 310 | + | R01-SB.docx } | |
| 311 | + | 9 of 23 | |
| 401 | 312 | ||
| 402 | - | commissioner deems necessary to support the decision to approve, | |
| 403 | - | approve with conditions or deny the application. There shall be a | |
| 404 | - | comment period following the public notice during which period | |
| 405 | - | interested persons and municipalities may submit written comments. | |
| 406 | - | After the comment period, the commissioner shall make a final | |
| 407 | - | determination to either approve the application, approve the | |
| 408 | - | application with conditions or deny the application. The commissioner | |
| 409 | - | may hold a public hearing prior to approving, approving with | |
| 410 | - | conditions or denying any application if in the discretion of the | |
| 411 | - | commissioner the public interest will be best served thereby, and the | |
| 412 | - | commissioner shall hold a public hearing upon receipt of a petition | |
| 413 | - | signed by at least twenty-five persons. Notice of such hearing shall be | |
| 414 | - | published at least thirty days before the hearing in a newspaper having | |
| 415 | - | a substantial circulation in the area affected. The commissioner may | |
| 416 | - | approve or approve with conditions such exemption if the | |
| 417 | - | commissioner determines that (A) the agency has shown that the | |
| 418 | - | activity or critical activity is in the public interest, will not injure persons | |
| 419 | - | or damage property in the area of such activity or critical activity, | |
| 420 | - | complies with the provisions of the National Flood Insurance Program, | |
| 421 | - | and, in the case of a loan or grant, the recipient of the loan or grant has | |
| 422 | - | been informed that increased flood insurance premiums may result | |
| 423 | - | from the activity or critical activity. An activity shall be considered to be | |
| 424 | - | in the public interest if it is a development subject to environmental | |
| 425 | - | remediation regulations adopted pursuant to section 22a-133k and is in | |
| 426 | - | or adjacent to an area identified as a regional center, neighborhood | |
| 427 | - | conservation area, growth area or rural community center in the [State | |
| 428 | - | Plan of Conservation and Development] state plan of conservation and | |
| 429 | - | development pursuant to chapter 297, or (B) in the case of a flood control | |
| 430 | - | project, such project meets the criteria of subparagraph (A) of this | |
| 431 | - | subdivision and is more cost-effective to the state and municipalities | |
| 432 | - | than a project constructed to or above the base flood or base flood for a | |
| 433 | - | critical activity. Following approval for exemption for a flood control | |
| 434 | - | project, the commissioner shall provide notice of the hazards of a flood Senate Bill No. 224 | |
| 313 | + | statutes is repealed and the following is substituted in lieu thereof 239 | |
| 314 | + | (Effective October 1, 2022): 240 | |
| 315 | + | (8) To coordinate the activities of public agencies to ensure that state 241 | |
| 316 | + | expenditures enhance development while affording maximum 242 | |
| 317 | + | protection to natural coastal resources and processes in a manner 243 | |
| 318 | + | consistent with the state plan [for] of conservation and development 244 | |
| 319 | + | adopted pursuant to part I of chapter 297; 245 | |
| 320 | + | Sec. 10. Subsection (a) of section 22a-100 of the general statutes is 246 | |
| 321 | + | repealed and the following is substituted in lieu thereof (Effective October 247 | |
| 322 | + | 1, 2022): 248 | |
| 323 | + | (a) All major state plans, other than the state plan [for] of conservation 249 | |
| 324 | + | and development adopted pursuant to part I of chapter 297, which affect 250 | |
| 325 | + | the coastal area shall be consistent with the goals and policies stated in 251 | |
| 326 | + | section 22a-92, as amended by this act, and existing state plans, other 252 | |
| 327 | + | than the state plan [for] of conservation and development adopted 253 | |
| 328 | + | pursuant to part I of chapter 297, which affect the coastal area shall, on 254 | |
| 329 | + | or before July 1, 1981, be revised, if necessary, to [insure] ensure 255 | |
| 330 | + | consistency with this chapter. Agencies responsible for revising state 256 | |
| 331 | + | plans, other than the state plan [for] of conservation and development 257 | |
| 332 | + | adopted pursuant to part I of chapter 297, shall consult with the 258 | |
| 333 | + | commissioner in making such revisions. 259 | |
| 334 | + | Sec. 11. Subsection (a) of section 22a-352 of the general statutes is 260 | |
| 335 | + | repealed and the following is substituted in lieu thereof (Effective October 261 | |
| 336 | + | 1, 2022): 262 | |
| 337 | + | (a) Not later than July 1, 2017, the Water Planning Council, 263 | |
| 338 | + | established pursuant to section 25-33o, shall, within available 264 | |
| 339 | + | appropriations, prepare a state water plan for the management of the 265 | |
| 340 | + | water resources of the state. In developing such state water plan, the 266 | |
| 341 | + | Water Planning Council shall: (1) Design a unified planning program 267 | |
| 342 | + | and budget; (2) consider regional water and sewer facilities plans; (3) 268 | |
| 343 | + | identify the appropriate regions of the state for comprehensive water 269 Raised Bill No. 224 | |
| 435 | 344 | ||
| 436 | - | Public Act No. 22-23 14 of 23 | |
| 437 | 345 | ||
| 438 | - | greater than the capacity of the project design to each member of the | |
| 439 | - | legislature whose district will be affected by the project and to the | |
| 440 | - | following agencies and officials in the area to be protected by the project: | |
| 441 | - | The planning and zoning commission, the inland wetlands agency, the | |
| 442 | - | director of civil defense, the conservation commission, the fire | |
| 443 | - | department, the police department, the chief elected official and each | |
| 444 | - | member of the legislative body, and the regional council of | |
| 445 | - | governments. Notice shall be given to the general public by publication | |
| 446 | - | in a newspaper of general circulation in each municipality in the area in | |
| 447 | - | which the project is to be located. | |
| 448 | - | Sec. 16. Subsection (b) of section 25-102gg of the general statutes is | |
| 449 | - | repealed and the following is substituted in lieu thereof (Effective October | |
| 450 | - | 1, 2022): | |
| 451 | - | (b) The assembly shall, from time to time, review, and may, after | |
| 452 | - | public hearing of which at least fifteen [days] days' notice has been given | |
| 453 | - | in a newspaper or newspapers having a circulation in the conservation | |
| 454 | - | zone, revise the standards established pursuant to special act 79-77, as | |
| 455 | - | amended by special act 81-1. Such revisions shall be consistent with the | |
| 456 | - | state plan [for] of conservation and development adopted pursuant to | |
| 457 | - | part I of chapter 297 and the purposes of this chapter. A copy of the | |
| 458 | - | proposed revisions shall be furnished at least fifteen days prior thereto | |
| 459 | - | to the conservation commission, zoning commission, the planning | |
| 460 | - | commission or combined planning and zoning commission of the | |
| 461 | - | municipalities to be affected thereby and shall be filed at least ten days | |
| 462 | - | prior to the hearing in the office of the town or city clerk of the | |
| 463 | - | municipalities affected thereby. | |
| 464 | - | Sec. 17. Section 25-201 of the general statutes is repealed and the | |
| 465 | - | following is substituted in lieu thereof (Effective October 1, 2022): | |
| 466 | - | For the purposes of sections 25-200 to 25-210, inclusive: Senate Bill No. 224 | |
| 346 | + | LCO 1774 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00224- | |
| 347 | + | R01-SB.docx } | |
| 348 | + | 10 of 23 | |
| 467 | 349 | ||
| 468 | - | Public Act No. 22-23 15 of 23 | |
| 350 | + | planning; (4) identify the data needs and develop a consistent format for 270 | |
| 351 | + | submitting data to the council, applicable state agencies and regional 271 | |
| 352 | + | councils of governments for use in planning and permitting; (5) consider 272 | |
| 353 | + | the potential impact of climate change on the availability and 273 | |
| 354 | + | abundance of water resources and the importance of climate resiliency; 274 | |
| 355 | + | (6) seek involvement of interested parties; (7) solicit input from the 275 | |
| 356 | + | advisory group established pursuant to section 25-33o; (8) consider 276 | |
| 357 | + | individual water supply plans, water quality standards, stream flow 277 | |
| 358 | + | classifications, as described in regulations adopted pursuant to section 278 | |
| 359 | + | 26-141b, water utility coordinating committee plans, the state plan of 279 | |
| 360 | + | conservation and development, as described in [section 16a-30] part I of 280 | |
| 361 | + | chapter 297, and any other planning documents deemed necessary by 281 | |
| 362 | + | the council; (9) promote the adoption of municipal ordinances based on 282 | |
| 363 | + | the State of Connecticut Model Water Use Restriction Ordinance for 283 | |
| 364 | + | municipal water emergencies; and (10) examine appropriate 284 | |
| 365 | + | mechanisms for resolving conflicts related to the implementation of the 285 | |
| 366 | + | state water plan. 286 | |
| 367 | + | Sec. 12. Subsection (k) of section 22a-430 of the general statutes is 287 | |
| 368 | + | repealed and the following is substituted in lieu thereof (Effective October 288 | |
| 369 | + | 1, 2022): 289 | |
| 370 | + | (k) The commissioner shall not deny a permit under this section if the 290 | |
| 371 | + | basis for such denial is a determination by the commissioner that the 291 | |
| 372 | + | proposed activity for which application has been made is inconsistent 292 | |
| 373 | + | with the state plan of conservation and development adopted under 293 | |
| 374 | + | [section 16a-30] part I of chapter 297. 294 | |
| 375 | + | Sec. 13. Subdivision (9) of subsection (b) of section 22a-471 of the 295 | |
| 376 | + | general statutes is repealed and the following is substituted in lieu 296 | |
| 377 | + | thereof (Effective October 1, 2022): 297 | |
| 378 | + | (9) Notwithstanding any provision of this section and the [cost 298 | |
| 379 | + | sharing] cost-sharing formula established in section 22a-471-1 of the 299 | |
| 380 | + | regulations of Connecticut state agencies, for any area of a municipality 300 | |
| 381 | + | that is adjacent to a site listed on the State of Connecticut Superfund 301 Raised Bill No. 224 | |
| 469 | 382 | ||
| 470 | - | (1) "Approved map" means a map approved by the commissioner | |
| 471 | - | pursuant to section 25-205; | |
| 472 | - | (2) "Approved river corridor protection plan" means a river corridor | |
| 473 | - | protection plan approved by the commissioner pursuant to section 25- | |
| 474 | - | 205; | |
| 475 | - | (3) "Clear cutting" means removal of all standing woody vegetation | |
| 476 | - | greater than one inch diameter at breast height within a designated river | |
| 477 | - | corridor; | |
| 478 | - | (4) "Commissioner" means the Commissioner of Energy and | |
| 479 | - | Environmental Protection or his agent; | |
| 480 | - | (5) "Designation" means designation, by act of the General Assembly, | |
| 481 | - | of a river corridor for protection and preservation in accordance with an | |
| 482 | - | approved river corridor protection plan and the provisions of sections | |
| 483 | - | 25-200 to 25-210, inclusive; | |
| 484 | - | (6) "Designated river corridor" means that portion of a river corridor | |
| 485 | - | defined on a map prepared in accordance with section 25-204, as | |
| 486 | - | amended by this act, and which has been designated by the General | |
| 487 | - | Assembly pursuant to sections 25-200 to 25-210, inclusive; | |
| 488 | - | (7) "Eligible river corridor" means a river corridor which is included | |
| 489 | - | on the list adopted by the commissioner pursuant to section 25-202; | |
| 490 | - | (8) "Local drainage basin" means a local drainage basin referenced on | |
| 491 | - | a map entitled "Natural Drainage Basins of Connecticut", published by | |
| 492 | - | the Department of Energy and Environmental Protection, 1981; | |
| 493 | - | (9) "Member municipality" means a municipality which is a member | |
| 494 | - | of a river committee established pursuant to section 25-203; | |
| 495 | - | (10) "Major state plan" means the plan for development of outdoor | |
| 496 | - | recreation adopted pursuant to section 22a-21, the state-wide solid Senate Bill No. 224 | |
| 497 | 383 | ||
| 498 | - | Public Act No. 22-23 16 of 23 | |
| 384 | + | LCO 1774 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00224- | |
| 385 | + | R01-SB.docx } | |
| 386 | + | 11 of 23 | |
| 499 | 387 | ||
| 500 | - | waste management plan adopted pursuant to section 22a-228, the state- | |
| 501 | - | wide plan for the management of water resources adopted pursuant to | |
| 502 | - | section 22a-352, as amended by this act, the state-wide environmental | |
| 503 | - | plan adopted pursuant to section 22a-8, the plan for the disposal of | |
| 504 | - | dredged material for Long Island Sound, the historic preservation plan | |
| 505 | - | adopted under the National Historic Preservation Act, as amended, the | |
| 506 | - | state-wide facility and capital plan adopted pursuant to section 4b-23, | |
| 507 | - | the water quality management plan adopted under the federal Clean | |
| 508 | - | Water Act, the marine resources management plan, the plan for | |
| 509 | - | managing forest resources, the wildlife management plans and the | |
| 510 | - | salmon restoration plan; | |
| 511 | - | (11) "Person" means "person" as defined in section 22a-2; | |
| 512 | - | (12) "River corridor" means any river, river segment or river system, | |
| 513 | - | together with its floodplains, wetlands and uplands, contributing | |
| 514 | - | overland runoff to such river, river segment or river system; | |
| 515 | - | (13) "River committee" means a river committee established pursuant | |
| 516 | - | to section 25-203; | |
| 517 | - | (14) "River system" means a river, its tributaries and any lands | |
| 518 | - | draining into such river or its tributaries; | |
| 519 | - | (15) "Secretary" means the Secretary of the Office of Policy and | |
| 520 | - | Management or his agent; | |
| 521 | - | (16) "State rivers assessment data base" means the state-wide | |
| 522 | - | assessment of the state's rivers prepared by the commissioner pursuant | |
| 523 | - | to subdivision (3) of subsection (c) of section 25-102qq; | |
| 524 | - | (17) ["State plan for conservation and development"] "State plan of | |
| 525 | - | conservation and development" means the state plan [for] of | |
| 526 | - | conservation and development prepared pursuant to part I of chapter | |
| 527 | - | 297; Senate Bill No. 224 | |
| 388 | + | Priority List where a water line extension component to such project has 302 | |
| 389 | + | been installed by a municipal or private water company, the minimum 303 | |
| 390 | + | size water main required to address pollution may be upgraded in order 304 | |
| 391 | + | to carry fire flow or address public water supply needs that are 305 | |
| 392 | + | consistent with an adopted municipal plan of conservation and 306 | |
| 393 | + | development and the municipality shall only be responsible to pay the 307 | |
| 394 | + | incremental project cost, which may be funded by such water company, 308 | |
| 395 | + | another person or available local, state or federal funds. 309 | |
| 396 | + | Sec. 14. Subsection (h) of section 22a-478 of the general statutes is 310 | |
| 397 | + | repealed and the following is substituted in lieu thereof (Effective October 311 | |
| 398 | + | 1, 2022): 312 | |
| 399 | + | (h) The Department of Public Health shall establish and maintain a 313 | |
| 400 | + | priority list of eligible drinking water projects and shall establish a 314 | |
| 401 | + | system setting the priority for making project loans to eligible public 315 | |
| 402 | + | water systems. In establishing such priority list and ranking system, the 316 | |
| 403 | + | Commissioner of Public Health shall consider all factors which he 317 | |
| 404 | + | deems relevant, including but not limited to the following: (1) The 318 | |
| 405 | + | public health and safety; (2) protection of environmental resources; (3) 319 | |
| 406 | + | population affected; (4) risk to human health; (5) public water systems 320 | |
| 407 | + | most in need on a per household basis according to applicable state 321 | |
| 408 | + | affordability criteria; (6) compliance with the applicable requirements of 322 | |
| 409 | + | the federal Safe Drinking Water Act and other related federal acts; (7) 323 | |
| 410 | + | applicable state and federal regulations. The priority list of eligible 324 | |
| 411 | + | drinking water projects shall include a description of each project and 325 | |
| 412 | + | its purpose, impact, cost and construction schedule, and an explanation 326 | |
| 413 | + | of the manner in which priorities were established. The Commissioner 327 | |
| 414 | + | of Public Health shall adopt an interim priority list of eligible drinking 328 | |
| 415 | + | water projects for the purpose of making project loans prior to adoption 329 | |
| 416 | + | of final regulations, and in so doing may utilize existing rules and 330 | |
| 417 | + | regulations of the department relating to the program. To the extent 331 | |
| 418 | + | required by applicable federal law, the Department of Public Health 332 | |
| 419 | + | shall prepare any required intended use plan with respect to eligible 333 | |
| 420 | + | drinking water projects; (8) consistency with the state plan of 334 Raised Bill No. 224 | |
| 528 | 421 | ||
| 529 | - | Public Act No. 22-23 17 of 23 | |
| 530 | 422 | ||
| 531 | - | (18) "Subregional drainage basin" means a subregional drainage | |
| 532 | - | basin as depicted on a map entitled "Natural Drainage Basins of | |
| 533 | - | Connecticut", published by the Department of Energy and | |
| 534 | - | Environmental Protection, 1981; and | |
| 535 | - | (19) "Water-dependent use" means a use which, by its nature or | |
| 536 | - | function, requires direct access to, or location in or immediately adjacent | |
| 537 | - | to, water and which therefore cannot be located upland and shall | |
| 538 | - | include such recreational uses as riverside trails and bicycle paths. | |
| 539 | - | Sec. 18. Subsection (e) of section 25-204 of the general statutes is | |
| 540 | - | repealed and the following is substituted in lieu thereof (Effective October | |
| 541 | - | 1, 2022): | |
| 542 | - | (e) After adoption pursuant to subsection (d) of this section of an | |
| 543 | - | inventory, statement of objectives and map, the river committee shall | |
| 544 | - | prepare a report on all federal, state and municipal laws, plans, | |
| 545 | - | programs and proposed activities which may affect the river corridor | |
| 546 | - | defined in such map. Such laws shall include regulations adopted | |
| 547 | - | pursuant to chapter 440 and zoning, subdivision and site plan | |
| 548 | - | regulations adopted pursuant to section 8-3. Such plans shall include | |
| 549 | - | plans of conservation and development adopted pursuant to section 8- | |
| 550 | - | 23, the state plan [for] of conservation and development adopted under | |
| 551 | - | part I of chapter 297, water utility supply plans adopted pursuant to | |
| 552 | - | section 25-32d, coordinated water system plans adopted pursuant to | |
| 553 | - | section 25-33h, municipal open space plans, the commissioner's fish and | |
| 554 | - | wildlife plans, and publicly-owned wastewater treatment facility plans. | |
| 555 | - | State and regional agencies shall, within available resources, assist the | |
| 556 | - | river committee in identifying such laws, plans, programs and proposed | |
| 557 | - | activities. The report to be prepared pursuant to this section shall | |
| 558 | - | identify any conflicts between such federal, state, regional and | |
| 559 | - | municipal laws, plans, programs and proposed activities and the river | |
| 560 | - | committee's objectives for river corridor protection and preservation as | |
| 561 | - | reflected in the statement of objectives. If conflicts are identified, the Senate Bill No. 224 | |
| 423 | + | LCO 1774 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00224- | |
| 424 | + | R01-SB.docx } | |
| 425 | + | 12 of 23 | |
| 562 | 426 | ||
| 563 | - | Public Act No. 22-23 18 of 23 | |
| 427 | + | conservation and development; (9) consistency with the policies 335 | |
| 428 | + | delineated in section 22a-380; and (10) consistency with the coordinated 336 | |
| 429 | + | water system plan in accordance with subsection (f) of section 25-33d. 337 | |
| 430 | + | Sec. 15. Subsection (d) of section 25-68d of the general statutes is 338 | |
| 431 | + | repealed and the following is substituted in lieu thereof (Effective October 339 | |
| 432 | + | 1, 2022): 340 | |
| 433 | + | (d) Any state agency proposing an activity or critical activity within 341 | |
| 434 | + | or affecting the floodplain may apply to the commissioner for 342 | |
| 435 | + | exemption from the provisions of subsection (b) of this section. Such 343 | |
| 436 | + | application shall include a statement of the reasons why such agency is 344 | |
| 437 | + | unable to comply with said subsection and any other information the 345 | |
| 438 | + | commissioner deems necessary. The commissioner, at least thirty days 346 | |
| 439 | + | before approving, approving with conditions or denying any such 347 | |
| 440 | + | application, shall publish once in a newspaper having a substantial 348 | |
| 441 | + | circulation in the affected area notice of: (1) The name of the applicant; 349 | |
| 442 | + | (2) the location and nature of the requested exemption; (3) the tentative 350 | |
| 443 | + | decision on the application; and (4) additional information the 351 | |
| 444 | + | commissioner deems necessary to support the decision to approve, 352 | |
| 445 | + | approve with conditions or deny the application. There shall be a 353 | |
| 446 | + | comment period following the public notice during which period 354 | |
| 447 | + | interested persons and municipalities may submit written comments. 355 | |
| 448 | + | After the comment period, the commissioner shall make a final 356 | |
| 449 | + | determination to either approve the application, approve the 357 | |
| 450 | + | application with conditions or deny the application. The commissioner 358 | |
| 451 | + | may hold a public hearing prior to approving, approving with 359 | |
| 452 | + | conditions or denying any application if in the discretion of the 360 | |
| 453 | + | commissioner the public interest will be best served thereby, and the 361 | |
| 454 | + | commissioner shall hold a public hearing upon receipt of a petition 362 | |
| 455 | + | signed by at least twenty-five persons. Notice of such hearing shall be 363 | |
| 456 | + | published at least thirty days before the hearing in a newspaper having 364 | |
| 457 | + | a substantial circulation in the area affected. The commissioner may 365 | |
| 458 | + | approve or approve with conditions such exemption if the 366 | |
| 459 | + | commissioner determines that (A) the agency has shown that the 367 Raised Bill No. 224 | |
| 564 | 460 | ||
| 565 | - | river committee shall notify the applicable state, regional or municipal | |
| 566 | - | agencies and such agencies shall, within available resources, attempt | |
| 567 | - | with the river commission to resolve such conflicts. | |
| 568 | - | Sec. 19. Subsection (d) of section 25-206 of the general statutes is | |
| 569 | - | repealed and the following is substituted in lieu thereof (Effective October | |
| 570 | - | 1, 2022): | |
| 571 | - | (d) (1) Every major state plan other than the state plan [for] of | |
| 572 | - | conservation and development, to the extent that it affects a designated | |
| 573 | - | river corridor, shall be consistent with the approved river corridor | |
| 574 | - | protection plan for such corridor, and any state plan which is | |
| 575 | - | inconsistent with such approved river corridor protection plan shall be | |
| 576 | - | modified accordingly. Such modifications shall be made in consultation | |
| 577 | - | with the commissioner at the next scheduled revision of such plan. | |
| 578 | - | (2) If the commissioner finds that the state plan [for] of conservation | |
| 579 | - | and development is inconsistent with an approved river corridor | |
| 580 | - | protection plan for a designated river corridor, he shall apply to the | |
| 581 | - | secretary for a revision pursuant to section 16a-32, as amended by this | |
| 582 | - | act. | |
| 583 | - | (3) Every regional plan of conservation and development adopted | |
| 584 | - | pursuant to section 8-35a, to the extent that it affects a designated river | |
| 585 | - | corridor, shall be consistent with the approved river corridor protection | |
| 586 | - | plan for such corridor and any regional plan of conservation and | |
| 587 | - | development which is inconsistent with such approved river corridor | |
| 588 | - | protection plan shall be modified accordingly. Such modifications shall | |
| 589 | - | be made in consultation with the commissioner. | |
| 590 | - | (4) Every municipal plan of conservation and development adopted | |
| 591 | - | pursuant to section 8-23, to the extent that it affects a designated river | |
| 592 | - | corridor, shall be consistent with the approved river corridor protection | |
| 593 | - | plan for such corridor and any municipal plan of conservation and Senate Bill No. 224 | |
| 594 | 461 | ||
| 595 | - | Public Act No. 22-23 19 of 23 | |
| 462 | + | LCO 1774 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00224- | |
| 463 | + | R01-SB.docx } | |
| 464 | + | 13 of 23 | |
| 596 | 465 | ||
| 597 | - | development which is inconsistent with such approved river corridor | |
| 598 | - | protection plan shall be modified accordingly. Such modifications shall | |
| 599 | - | be made in consultation with the commissioner. | |
| 600 | - | (5) The commissioner may notify any applicable federal agency of the | |
| 601 | - | designation of a river corridor and may take any other appropriate | |
| 602 | - | action to assure consideration of such designation in federal programs | |
| 603 | - | or activities. | |
| 604 | - | Sec. 20. Section 25-231 of the general statutes is repealed and the | |
| 605 | - | following is substituted in lieu thereof (Effective October 1, 2022): | |
| 606 | - | As used in sections 25-230 to 25-238, inclusive: | |
| 607 | - | (1) "Approved river corridor management plan" means a river | |
| 608 | - | corridor management plan approved by the commissioner pursuant to | |
| 609 | - | section 25-235; | |
| 610 | - | (2) "Commissioner" means the Commissioner of Energy and | |
| 611 | - | Environmental Protection or his agent; | |
| 612 | - | (3) "Local drainage basin" means a local drainage basin as referenced | |
| 613 | - | on a map entitled "Natural Drainage Basins of Connecticut", published | |
| 614 | - | by the Department of Energy and Environmental Protection, 1981; | |
| 615 | - | (4) "Major state plan" means any of the following: The plan for | |
| 616 | - | development of outdoor recreation adopted pursuant to section 22a-21, | |
| 617 | - | the state-wide solid waste management plan adopted pursuant to | |
| 618 | - | section 22a-228, the state-wide plan for the management of water | |
| 619 | - | resources adopted pursuant to section 22a-352, as amended by this act, | |
| 620 | - | the state-wide environmental plan adopted pursuant to section 22a-8, | |
| 621 | - | the historic preservation plan adopted under the National Historic | |
| 622 | - | Preservation Act, 16 USC 470 et seq., the state-wide facility and capital | |
| 623 | - | plan adopted pursuant to section 4b-23, the state's consolidated plan for | |
| 624 | - | housing and community development prepared pursuant to section 8- Senate Bill No. 224 | |
| 466 | + | activity or critical activity is in the public interest, will not injure persons 368 | |
| 467 | + | or damage property in the area of such activity or critical activity, 369 | |
| 468 | + | complies with the provisions of the National Flood Insurance Program, 370 | |
| 469 | + | and, in the case of a loan or grant, the recipient of the loan or grant has 371 | |
| 470 | + | been informed that increased flood insurance premiums may result 372 | |
| 471 | + | from the activity or critical activity. An activity shall be considered to be 373 | |
| 472 | + | in the public interest if it is a development subject to environmental 374 | |
| 473 | + | remediation regulations adopted pursuant to section 22a-133k and is in 375 | |
| 474 | + | or adjacent to an area identified as a regional center, neighborhood 376 | |
| 475 | + | conservation area, growth area or rural community center in the [State 377 | |
| 476 | + | Plan of Conservation and Development] state plan of conservation and 378 | |
| 477 | + | development pursuant to chapter 297, or (B) in the case of a flood control 379 | |
| 478 | + | project, such project meets the criteria of subparagraph (A) of this 380 | |
| 479 | + | subdivision and is more cost-effective to the state and municipalities 381 | |
| 480 | + | than a project constructed to or above the base flood or base flood for a 382 | |
| 481 | + | critical activity. Following approval for exemption for a flood control 383 | |
| 482 | + | project, the commissioner shall provide notice of the hazards of a flood 384 | |
| 483 | + | greater than the capacity of the project design to each member of the 385 | |
| 484 | + | legislature whose district will be affected by the project and to the 386 | |
| 485 | + | following agencies and officials in the area to be protected by the project: 387 | |
| 486 | + | The planning and zoning commission, the inland wetlands agency, the 388 | |
| 487 | + | director of civil defense, the conservation commission, the fire 389 | |
| 488 | + | department, the police department, the chief elected official and each 390 | |
| 489 | + | member of the legislative body, and the regional council of 391 | |
| 490 | + | governments. Notice shall be given to the general public by publication 392 | |
| 491 | + | in a newspaper of general circulation in each municipality in the area in 393 | |
| 492 | + | which the project is to be located. 394 | |
| 493 | + | Sec. 16. Subsection (b) of section 25-102gg of the general statutes is 395 | |
| 494 | + | repealed and the following is substituted in lieu thereof (Effective October 396 | |
| 495 | + | 1, 2022): 397 | |
| 496 | + | (b) The assembly shall, from time to time, review, and may, after 398 | |
| 497 | + | public hearing of which at least fifteen [days] days' notice has been given 399 | |
| 498 | + | in a newspaper or newspapers having a circulation in the conservation 400 Raised Bill No. 224 | |
| 625 | 499 | ||
| 626 | - | Public Act No. 22-23 20 of 23 | |
| 627 | 500 | ||
| 628 | - | 37t, the water quality management plan adopted under the federal | |
| 629 | - | Clean Water Act, 33 USC 1251 et seq., any plans for managing forest | |
| 630 | - | resources adopted pursuant to section 23-20 and the Connecticut River | |
| 631 | - | Atlantic Salmon Compact adopted pursuant to section 26-302; | |
| 632 | - | (5) "Member municipality" means a municipality which is a member | |
| 633 | - | of a river commission established pursuant to section 25-232; | |
| 634 | - | (6) "Person" means person, as defined in section 22a-2; | |
| 635 | - | (7) "River advisory board" means any of the following: The Five Mile | |
| 636 | - | River Commission established pursuant to section 15-26a, the | |
| 637 | - | Connecticut River Gateway Commission established pursuant to | |
| 638 | - | section 25-102e, the Connecticut River Assembly established pursuant | |
| 639 | - | to section 25-102dd, the Bi-State Pawcatuck River Commission | |
| 640 | - | established pursuant to section 25-161, the Niantic River Gateway | |
| 641 | - | Commission established pursuant to section 25-109e, the Housatonic | |
| 642 | - | Estuary Commission established pursuant to section 25-170, the | |
| 643 | - | Farmington River Coordinating Committee established pursuant to the | |
| 644 | - | National Wild and Scenic Rivers Act, 16 USC 1274 et seq., the Shepaug- | |
| 645 | - | Bantam River Board or a river committee established pursuant to | |
| 646 | - | section 25-203; | |
| 647 | - | (8) "River corridor" means any river, river segment or river system, | |
| 648 | - | together with its floodplains, wetlands and uplands, contributing | |
| 649 | - | overland runoff to such river, river segment or river system; | |
| 650 | - | (9) "River commission" means a river commission established | |
| 651 | - | pursuant to section 25-232; | |
| 652 | - | (10) "River system" means a river, its tributaries and any lands | |
| 653 | - | draining into such river or its tributaries; | |
| 654 | - | (11) "Secretary" means the Secretary of the Office of Policy and | |
| 655 | - | Management or his agent; Senate Bill No. 224 | |
| 501 | + | LCO 1774 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00224- | |
| 502 | + | R01-SB.docx } | |
| 503 | + | 14 of 23 | |
| 656 | 504 | ||
| 657 | - | Public Act No. 22-23 21 of 23 | |
| 505 | + | zone, revise the standards established pursuant to special act 79-77, as 401 | |
| 506 | + | amended by special act 81-1. Such revisions shall be consistent with the 402 | |
| 507 | + | state plan [for] of conservation and development adopted pursuant to 403 | |
| 508 | + | part I of chapter 297 and the purposes of this chapter. A copy of the 404 | |
| 509 | + | proposed revisions shall be furnished at least fifteen days prior thereto 405 | |
| 510 | + | to the conservation commission, zoning commission, the planning 406 | |
| 511 | + | commission or combined planning and zoning commission of the 407 | |
| 512 | + | municipalities to be affected thereby and shall be filed at least ten days 408 | |
| 513 | + | prior to the hearing in the office of the town or city clerk of the 409 | |
| 514 | + | municipalities affected thereby. 410 | |
| 515 | + | Sec. 17. Section 25-201 of the general statutes is repealed and the 411 | |
| 516 | + | following is substituted in lieu thereof (Effective October 1, 2022): 412 | |
| 517 | + | For the purposes of sections 25-200 to 25-210, inclusive: 413 | |
| 518 | + | (1) "Approved map" means a map approved by the commissioner 414 | |
| 519 | + | pursuant to section 25-205; 415 | |
| 520 | + | (2) "Approved river corridor protection plan" means a river corridor 416 | |
| 521 | + | protection plan approved by the commissioner pursuant to section 25-417 | |
| 522 | + | 205; 418 | |
| 523 | + | (3) "Clear cutting" means removal of all standing woody vegetation 419 | |
| 524 | + | greater than one inch diameter at breast height within a designated river 420 | |
| 525 | + | corridor; 421 | |
| 526 | + | (4) "Commissioner" means the Commissioner of Energy and 422 | |
| 527 | + | Environmental Protection or his agent; 423 | |
| 528 | + | (5) "Designation" means designation, by act of the General Assembly, 424 | |
| 529 | + | of a river corridor for protection and preservation in accordance with an 425 | |
| 530 | + | approved river corridor protection plan and the provisions of sections 426 | |
| 531 | + | 25-200 to 25-210, inclusive; 427 | |
| 532 | + | (6) "Designated river corridor" means that portion of a river corridor 428 | |
| 533 | + | defined on a map prepared in accordance with section 25-204, as 429 Raised Bill No. 224 | |
| 658 | 534 | ||
| 659 | - | (12) "State rivers assessment database" means the state-wide | |
| 660 | - | assessment of the state's rivers prepared by the commissioner pursuant | |
| 661 | - | to subdivision (3) of subsection (c) of section 25-102qq; | |
| 662 | - | (13) ["State plan for conservation and development"] "State plan of | |
| 663 | - | conservation and development" means the state plan [for] of | |
| 664 | - | conservation and development prepared pursuant to part I of chapter | |
| 665 | - | 297; | |
| 666 | - | (14) "Subregional drainage basin" means a subregional drainage | |
| 667 | - | basin as referenced on a map entitled "Natural Drainage Basins of | |
| 668 | - | Connecticut", published by the Department of Energy and | |
| 669 | - | Environmental Protection, 1981; | |
| 670 | - | (15) "Water-dependent use" means a use which, by its nature or | |
| 671 | - | function, requires direct access to, or location in or immediately adjacent | |
| 672 | - | to, water and which therefore cannot be located upland, and includes | |
| 673 | - | such recreational uses as riverside trails and bicycle paths; | |
| 674 | - | (16) "Use" means agriculture, public and private water supply, power | |
| 675 | - | generation, waste assimilation, transportation, recreation, including, | |
| 676 | - | but not limited to, boating, swimming, fishing, camping and hiking and | |
| 677 | - | residential, commercial, industrial and other water-dependent uses; and | |
| 678 | - | (17) "Resource" means any riparian waters of the state, related | |
| 679 | - | fisheries and wildlife habitat and adjacent shorelands, both developed | |
| 680 | - | and undeveloped; any vegetation, fish and wildlife; endangered and | |
| 681 | - | threatened species, species of special concern and essential habitat | |
| 682 | - | identified by the commissioner pursuant to chapter 495; tidal and inland | |
| 683 | - | wetlands; unique geologic features; scenic areas; forest lands, as defined | |
| 684 | - | in section 23-65f; agricultural lands, as defined in section 22-26bb; and | |
| 685 | - | archaeological and other historical resources. | |
| 686 | - | Sec. 21. Subsection (e) of section 25-234 of the general statutes is | |
| 687 | - | repealed and the following is substituted in lieu thereof (Effective October Senate Bill No. 224 | |
| 688 | 535 | ||
| 689 | - | Public Act No. 22-23 22 of 23 | |
| 536 | + | LCO 1774 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00224- | |
| 537 | + | R01-SB.docx } | |
| 538 | + | 15 of 23 | |
| 690 | 539 | ||
| 691 | - | 1, 2022): | |
| 692 | - | (e) After adoption of an inventory, statement of objectives and map, | |
| 693 | - | pursuant to subsection (d) of this section, the river commission shall | |
| 694 | - | prepare a report on all federal, state, regional and municipal laws, plans, | |
| 695 | - | programs and proposed activities that may affect the river corridor | |
| 696 | - | defined in such map. Such federal, state, regional and municipal laws | |
| 697 | - | shall include regulations adopted pursuant to chapter 440, and zoning, | |
| 698 | - | subdivision and site plan regulations adopted pursuant to section 8-3. | |
| 699 | - | Such federal, state, regional and municipal plans shall include plans of | |
| 700 | - | development adopted pursuant to section 8-23, the state plan [for] of | |
| 701 | - | conservation and development adopted under part I of chapter 297, | |
| 702 | - | water utility supply plans submitted pursuant to section 25-32d, | |
| 703 | - | coordinated water system plans submitted pursuant to section 25-33h, | |
| 704 | - | plans prepared by regional planning organizations, as defined in section | |
| 705 | - | 4-124i, and plans of publicly owned wastewater treatment facilities | |
| 706 | - | whose discharges may affect the subject river corridor. State and | |
| 707 | - | regional agencies shall, within available resources, assist the river | |
| 708 | - | commission in identifying such laws, plans, programs and proposed | |
| 709 | - | activities. The report to be prepared pursuant to this section shall | |
| 710 | - | identify any conflicts between such federal, state, regional and | |
| 711 | - | municipal laws, plans, programs and proposed activities and the river | |
| 712 | - | commission's objectives for river corridor management as reflected in | |
| 713 | - | the statement of objectives. If conflicts are identified, the river | |
| 714 | - | commission shall notify the applicable state, regional or municipal | |
| 715 | - | agencies and such agencies shall, within available resources and in | |
| 716 | - | consultation with the river commission, attempt to resolve such | |
| 717 | - | conflicts. | |
| 718 | - | Sec. 22. Subdivisions (1) and (2) of subsection (e) of section 25-236 of | |
| 719 | - | the general statutes are repealed and the following is substituted in lieu | |
| 720 | - | thereof (Effective October 1, 2022): | |
| 721 | - | (e) (1) Every major state plan, other than the state plan [for] of Senate Bill No. 224 | |
| 540 | + | amended by this act, and which has been designated by the General 430 | |
| 541 | + | Assembly pursuant to sections 25-200 to 25-210, inclusive; 431 | |
| 542 | + | (7) "Eligible river corridor" means a river corridor which is included 432 | |
| 543 | + | on the list adopted by the commissioner pursuant to section 25-202; 433 | |
| 544 | + | (8) "Local drainage basin" means a local drainage basin referenced on 434 | |
| 545 | + | a map entitled "Natural Drainage Basins of Connecticut", published by 435 | |
| 546 | + | the Department of Energy and Environmental Protection, 1981; 436 | |
| 547 | + | (9) "Member municipality" means a municipality which is a member 437 | |
| 548 | + | of a river committee established pursuant to section 25-203; 438 | |
| 549 | + | (10) "Major state plan" means the plan for development of outdoor 439 | |
| 550 | + | recreation adopted pursuant to section 22a-21, the state-wide solid 440 | |
| 551 | + | waste management plan adopted pursuant to section 22a-228, the state-441 | |
| 552 | + | wide plan for the management of water resources adopted pursuant to 442 | |
| 553 | + | section 22a-352, as amended by this act, the state-wide environmental 443 | |
| 554 | + | plan adopted pursuant to section 22a-8, the plan for the disposal of 444 | |
| 555 | + | dredged material for Long Island Sound, the historic preservation plan 445 | |
| 556 | + | adopted under the National Historic Preservation Act, as amended, the 446 | |
| 557 | + | state-wide facility and capital plan adopted pursuant to section 4b-23, 447 | |
| 558 | + | the water quality management plan adopted under the federal Clean 448 | |
| 559 | + | Water Act, the marine resources management plan, the plan for 449 | |
| 560 | + | managing forest resources, the wildlife management plans and the 450 | |
| 561 | + | salmon restoration plan; 451 | |
| 562 | + | (11) "Person" means "person" as defined in section 22a-2; 452 | |
| 563 | + | (12) "River corridor" means any river, river segment or river system, 453 | |
| 564 | + | together with its floodplains, wetlands and uplands, contributing 454 | |
| 565 | + | overland runoff to such river, river segment or river system; 455 | |
| 566 | + | (13) "River committee" means a river committee established pursuant 456 | |
| 567 | + | to section 25-203; 457 | |
| 568 | + | (14) "River system" means a river, its tributaries and any lands 458 Raised Bill No. 224 | |
| 722 | 569 | ||
| 723 | - | Public Act No. 22-23 23 of 23 | |
| 724 | 570 | ||
| 725 | - | conservation and development, to the extent that such major state plan | |
| 726 | - | affects any river corridor for which the commissioner has approved a | |
| 727 | - | river corridor management plan, shall be consistent with such | |
| 728 | - | management plan. Any major state plan, other than the state plan [for] | |
| 729 | - | of conservation and development, which is inconsistent with a river | |
| 730 | - | corridor management plan shall be modified accordingly. Such | |
| 731 | - | modifications shall be made in consultation with the commissioner at | |
| 732 | - | the next scheduled revision of such plan. | |
| 733 | - | (2) If all the member municipalities of a river commission have | |
| 734 | - | amended their applicable laws and plans pursuant to subsection (b) of | |
| 735 | - | this section and if the commissioner finds that the state plan [for] of | |
| 736 | - | conservation and development is inconsistent with the subject river | |
| 737 | - | corridor management plan, he shall apply to the secretary for a revision | |
| 738 | - | pursuant to section 16a-32, as amended by this act. | |
| 571 | + | LCO 1774 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00224- | |
| 572 | + | R01-SB.docx } | |
| 573 | + | 16 of 23 | |
| 574 | + | ||
| 575 | + | draining into such river or its tributaries; 459 | |
| 576 | + | (15) "Secretary" means the Secretary of the Office of Policy and 460 | |
| 577 | + | Management or his agent; 461 | |
| 578 | + | (16) "State rivers assessment data base" means the state-wide 462 | |
| 579 | + | assessment of the state's rivers prepared by the commissioner pursuant 463 | |
| 580 | + | to subdivision (3) of subsection (c) of section 25-102qq; 464 | |
| 581 | + | (17) ["State plan for conservation and development"] "State plan of 465 | |
| 582 | + | conservation and development" means the state plan [for] of 466 | |
| 583 | + | conservation and development prepared pursuant to part I of chapter 467 | |
| 584 | + | 297; 468 | |
| 585 | + | (18) "Subregional drainage basin" means a subregional drainage 469 | |
| 586 | + | basin as depicted on a map entitled "Natural Drainage Basins of 470 | |
| 587 | + | Connecticut", published by the Department of Energy and 471 | |
| 588 | + | Environmental Protection, 1981; and 472 | |
| 589 | + | (19) "Water-dependent use" means a use which, by its nature or 473 | |
| 590 | + | function, requires direct access to, or location in or immediately adjacent 474 | |
| 591 | + | to, water and which therefore cannot be located upland and shall 475 | |
| 592 | + | include such recreational uses as riverside trails and bicycle paths. 476 | |
| 593 | + | Sec. 18. Subsection (e) of section 25-204 of the general statutes is 477 | |
| 594 | + | repealed and the following is substituted in lieu thereof (Effective October 478 | |
| 595 | + | 1, 2022): 479 | |
| 596 | + | (e) After adoption pursuant to subsection (d) of this section of an 480 | |
| 597 | + | inventory, statement of objectives and map, the river committee shall 481 | |
| 598 | + | prepare a report on all federal, state and municipal laws, plans, 482 | |
| 599 | + | programs and proposed activities which may affect the river corridor 483 | |
| 600 | + | defined in such map. Such laws shall include regulations adopted 484 | |
| 601 | + | pursuant to chapter 440 and zoning, subdivision and site plan 485 | |
| 602 | + | regulations adopted pursuant to section 8-3. Such plans shall include 486 | |
| 603 | + | plans of conservation and development adopted pursuant to section 8-487 | |
| 604 | + | 23, the state plan [for] of conservation and development adopted under 488 Raised Bill No. 224 | |
| 605 | + | ||
| 606 | + | ||
| 607 | + | LCO 1774 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00224- | |
| 608 | + | R01-SB.docx } | |
| 609 | + | 17 of 23 | |
| 610 | + | ||
| 611 | + | part I of chapter 297, water utility supply plans adopted pursuant to 489 | |
| 612 | + | section 25-32d, coordinated water system plans adopted pursuant to 490 | |
| 613 | + | section 25-33h, municipal open space plans, the commissioner's fish and 491 | |
| 614 | + | wildlife plans, and publicly-owned wastewater treatment facility plans. 492 | |
| 615 | + | State and regional agencies shall, within available resources, assist the 493 | |
| 616 | + | river committee in identifying such laws, plans, programs and proposed 494 | |
| 617 | + | activities. The report to be prepared pursuant to this section shall 495 | |
| 618 | + | identify any conflicts between such federal, state, regional and 496 | |
| 619 | + | municipal laws, plans, programs and proposed activities and the river 497 | |
| 620 | + | committee's objectives for river corridor protection and preservation as 498 | |
| 621 | + | reflected in the statement of objectives. If conflicts are identified, the 499 | |
| 622 | + | river committee shall notify the applicable state, regional or municipal 500 | |
| 623 | + | agencies and such agencies shall, within available resources, attempt 501 | |
| 624 | + | with the river commission to resolve such conflicts. 502 | |
| 625 | + | Sec. 19. Subsection (d) of section 25-206 of the general statutes is 503 | |
| 626 | + | repealed and the following is substituted in lieu thereof (Effective October 504 | |
| 627 | + | 1, 2022): 505 | |
| 628 | + | (d) (1) Every major state plan other than the state plan [for] of 506 | |
| 629 | + | conservation and development, to the extent that it affects a designated 507 | |
| 630 | + | river corridor, shall be consistent with the approved river corridor 508 | |
| 631 | + | protection plan for such corridor, and any state plan which is 509 | |
| 632 | + | inconsistent with such approved river corridor protection plan shall be 510 | |
| 633 | + | modified accordingly. Such modifications shall be made in consultation 511 | |
| 634 | + | with the commissioner at the next scheduled revision of such plan. 512 | |
| 635 | + | (2) If the commissioner finds that the state plan [for] of conservation 513 | |
| 636 | + | and development is inconsistent with an approved river corridor 514 | |
| 637 | + | protection plan for a designated river corridor, he shall apply to the 515 | |
| 638 | + | secretary for a revision pursuant to section 16a-32, as amended by this 516 | |
| 639 | + | act. 517 | |
| 640 | + | (3) Every regional plan of conservation and development adopted 518 | |
| 641 | + | pursuant to section 8-35a, to the extent that it affects a designated river 519 | |
| 642 | + | corridor, shall be consistent with the approved river corridor protection 520 Raised Bill No. 224 | |
| 643 | + | ||
| 644 | + | ||
| 645 | + | LCO 1774 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00224- | |
| 646 | + | R01-SB.docx } | |
| 647 | + | 18 of 23 | |
| 648 | + | ||
| 649 | + | plan for such corridor and any regional plan of conservation and 521 | |
| 650 | + | development which is inconsistent with such approved river corridor 522 | |
| 651 | + | protection plan shall be modified accordingly. Such modifications shall 523 | |
| 652 | + | be made in consultation with the commissioner. 524 | |
| 653 | + | (4) Every municipal plan of conservation and development adopted 525 | |
| 654 | + | pursuant to section 8-23, to the extent that it affects a designated river 526 | |
| 655 | + | corridor, shall be consistent with the approved river corridor protection 527 | |
| 656 | + | plan for such corridor and any municipal plan of conservation and 528 | |
| 657 | + | development which is inconsistent with such approved river corridor 529 | |
| 658 | + | protection plan shall be modified accordingly. Such modifications shall 530 | |
| 659 | + | be made in consultation with the commissioner. 531 | |
| 660 | + | (5) The commissioner may notify any applicable federal agency of the 532 | |
| 661 | + | designation of a river corridor and may take any other appropriate 533 | |
| 662 | + | action to assure consideration of such designation in federal programs 534 | |
| 663 | + | or activities. 535 | |
| 664 | + | Sec. 20. Section 25-231 of the general statutes is repealed and the 536 | |
| 665 | + | following is substituted in lieu thereof (Effective October 1, 2022): 537 | |
| 666 | + | As used in sections 25-230 to 25-238, inclusive: 538 | |
| 667 | + | (1) "Approved river corridor management plan" means a river 539 | |
| 668 | + | corridor management plan approved by the commissioner pursuant to 540 | |
| 669 | + | section 25-235; 541 | |
| 670 | + | (2) "Commissioner" means the Commissioner of Energy and 542 | |
| 671 | + | Environmental Protection or his agent; 543 | |
| 672 | + | (3) "Local drainage basin" means a local drainage basin as referenced 544 | |
| 673 | + | on a map entitled "Natural Drainage Basins of Connecticut", published 545 | |
| 674 | + | by the Department of Energy and Environmental Protection, 1981; 546 | |
| 675 | + | (4) "Major state plan" means any of the following: The plan for 547 | |
| 676 | + | development of outdoor recreation adopted pursuant to section 22a-21, 548 | |
| 677 | + | the state-wide solid waste management plan adopted pursuant to 549 Raised Bill No. 224 | |
| 678 | + | ||
| 679 | + | ||
| 680 | + | LCO 1774 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00224- | |
| 681 | + | R01-SB.docx } | |
| 682 | + | 19 of 23 | |
| 683 | + | ||
| 684 | + | section 22a-228, the state-wide plan for the management of water 550 | |
| 685 | + | resources adopted pursuant to section 22a-352, as amended by this act, 551 | |
| 686 | + | the state-wide environmental plan adopted pursuant to section 22a-8, 552 | |
| 687 | + | the historic preservation plan adopted under the National Historic 553 | |
| 688 | + | Preservation Act, 16 USC 470 et seq., the state-wide facility and capital 554 | |
| 689 | + | plan adopted pursuant to section 4b-23, the state's consolidated plan for 555 | |
| 690 | + | housing and community development prepared pursuant to section 8-556 | |
| 691 | + | 37t, the water quality management plan adopted under the federal 557 | |
| 692 | + | Clean Water Act, 33 USC 1251 et seq., any plans for managing forest 558 | |
| 693 | + | resources adopted pursuant to section 23-20 and the Connecticut River 559 | |
| 694 | + | Atlantic Salmon Compact adopted pursuant to section 26-302; 560 | |
| 695 | + | (5) "Member municipality" means a municipality which is a member 561 | |
| 696 | + | of a river commission established pursuant to section 25-232; 562 | |
| 697 | + | (6) "Person" means person, as defined in section 22a-2; 563 | |
| 698 | + | (7) "River advisory board" means any of the following: The Five Mile 564 | |
| 699 | + | River Commission established pursuant to section 15-26a, the 565 | |
| 700 | + | Connecticut River Gateway Commission established pursuant to 566 | |
| 701 | + | section 25-102e, the Connecticut River Assembly established pursuant 567 | |
| 702 | + | to section 25-102dd, the Bi-State Pawcatuck River Commission 568 | |
| 703 | + | established pursuant to section 25-161, the Niantic River Gateway 569 | |
| 704 | + | Commission established pursuant to section 25-109e, the Housatonic 570 | |
| 705 | + | Estuary Commission established pursuant to section 25-170, the 571 | |
| 706 | + | Farmington River Coordinating Committee established pursuant to the 572 | |
| 707 | + | National Wild and Scenic Rivers Act, 16 USC 1274 et seq., the Shepaug-573 | |
| 708 | + | Bantam River Board or a river committee established pursuant to 574 | |
| 709 | + | section 25-203; 575 | |
| 710 | + | (8) "River corridor" means any river, river segment or river system, 576 | |
| 711 | + | together with its floodplains, wetlands and uplands, contributing 577 | |
| 712 | + | overland runoff to such river, river segment or river system; 578 | |
| 713 | + | (9) "River commission" means a river commission established 579 | |
| 714 | + | pursuant to section 25-232; 580 Raised Bill No. 224 | |
| 715 | + | ||
| 716 | + | ||
| 717 | + | LCO 1774 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00224- | |
| 718 | + | R01-SB.docx } | |
| 719 | + | 20 of 23 | |
| 720 | + | ||
| 721 | + | (10) "River system" means a river, its tributaries and any lands 581 | |
| 722 | + | draining into such river or its tributaries; 582 | |
| 723 | + | (11) "Secretary" means the Secretary of the Office of Policy and 583 | |
| 724 | + | Management or his agent; 584 | |
| 725 | + | (12) "State rivers assessment database" means the state-wide 585 | |
| 726 | + | assessment of the state's rivers prepared by the commissioner pursuant 586 | |
| 727 | + | to subdivision (3) of subsection (c) of section 25-102qq; 587 | |
| 728 | + | (13) ["State plan for conservation and development"] "State plan of 588 | |
| 729 | + | conservation and development" means the state plan [for] of 589 | |
| 730 | + | conservation and development prepared pursuant to part I of chapter 590 | |
| 731 | + | 297; 591 | |
| 732 | + | (14) "Subregional drainage basin" means a subregional drainage 592 | |
| 733 | + | basin as referenced on a map entitled "Natural Drainage Basins of 593 | |
| 734 | + | Connecticut", published by the Department of Energy and 594 | |
| 735 | + | Environmental Protection, 1981; 595 | |
| 736 | + | (15) "Water-dependent use" means a use which, by its nature or 596 | |
| 737 | + | function, requires direct access to, or location in or immediately adjacent 597 | |
| 738 | + | to, water and which therefore cannot be located upland, and includes 598 | |
| 739 | + | such recreational uses as riverside trails and bicycle paths; 599 | |
| 740 | + | (16) "Use" means agriculture, public and private water supply, power 600 | |
| 741 | + | generation, waste assimilation, transportation, recreation, including, 601 | |
| 742 | + | but not limited to, boating, swimming, fishing, camping and hiking and 602 | |
| 743 | + | residential, commercial, industrial and other water-dependent uses; and 603 | |
| 744 | + | (17) "Resource" means any riparian waters of the state, related 604 | |
| 745 | + | fisheries and wildlife habitat and adjacent shorelands, both developed 605 | |
| 746 | + | and undeveloped; any vegetation, fish and wildlife; endangered and 606 | |
| 747 | + | threatened species, species of special concern and essential habitat 607 | |
| 748 | + | identified by the commissioner pursuant to chapter 495; tidal and inland 608 | |
| 749 | + | wetlands; unique geologic features; scenic areas; forest lands, as defined 609 | |
| 750 | + | in section 23-65f; agricultural lands, as defined in section 22-26bb; and 610 Raised Bill No. 224 | |
| 751 | + | ||
| 752 | + | ||
| 753 | + | LCO 1774 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00224- | |
| 754 | + | R01-SB.docx } | |
| 755 | + | 21 of 23 | |
| 756 | + | ||
| 757 | + | archaeological and other historical resources. 611 | |
| 758 | + | Sec. 21. Subsection (e) of section 25-234 of the general statutes is 612 | |
| 759 | + | repealed and the following is substituted in lieu thereof (Effective October 613 | |
| 760 | + | 1, 2022): 614 | |
| 761 | + | (e) After adoption of an inventory, statement of objectives and map, 615 | |
| 762 | + | pursuant to subsection (d) of this section, the river commission shall 616 | |
| 763 | + | prepare a report on all federal, state, regional and municipal laws, plans, 617 | |
| 764 | + | programs and proposed activities that may affect the river corridor 618 | |
| 765 | + | defined in such map. Such federal, state, regional and municipal laws 619 | |
| 766 | + | shall include regulations adopted pursuant to chapter 440, and zoning, 620 | |
| 767 | + | subdivision and site plan regulations adopted pursuant to section 8-3. 621 | |
| 768 | + | Such federal, state, regional and municipal plans shall include plans of 622 | |
| 769 | + | development adopted pursuant to section 8-23, the state plan [for] of 623 | |
| 770 | + | conservation and development adopted under part I of chapter 297, 624 | |
| 771 | + | water utility supply plans submitted pursuant to section 25-32d, 625 | |
| 772 | + | coordinated water system plans submitted pursuant to section 25-33h, 626 | |
| 773 | + | plans prepared by regional planning organizations, as defined in section 627 | |
| 774 | + | 4-124i, and plans of publicly owned wastewater treatment facilities 628 | |
| 775 | + | whose discharges may affect the subject river corridor. State and 629 | |
| 776 | + | regional agencies shall, within available resources, assist the river 630 | |
| 777 | + | commission in identifying such laws, plans, programs and proposed 631 | |
| 778 | + | activities. The report to be prepared pursuant to this section shall 632 | |
| 779 | + | identify any conflicts between such federal, state, regional and 633 | |
| 780 | + | municipal laws, plans, programs and proposed activities and the river 634 | |
| 781 | + | commission's objectives for river corridor management as reflected in 635 | |
| 782 | + | the statement of objectives. If conflicts are identified, the river 636 | |
| 783 | + | commission shall notify the applicable state, regional or municipal 637 | |
| 784 | + | agencies and such agencies shall, within available resources and in 638 | |
| 785 | + | consultation with the river commission, attempt to resolve such 639 | |
| 786 | + | conflicts. 640 | |
| 787 | + | Sec. 22. Subdivisions (1) and (2) of subsection (e) of section 25-236 of 641 | |
| 788 | + | the general statutes are repealed and the following is substituted in lieu 642 | |
| 789 | + | thereof (Effective October 1, 2022): 643 Raised Bill No. 224 | |
| 790 | + | ||
| 791 | + | ||
| 792 | + | LCO 1774 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00224- | |
| 793 | + | R01-SB.docx } | |
| 794 | + | 22 of 23 | |
| 795 | + | ||
| 796 | + | (e) (1) Every major state plan, other than the state plan [for] of 644 | |
| 797 | + | conservation and development, to the extent that such major state plan 645 | |
| 798 | + | affects any river corridor for which the commissioner has approved a 646 | |
| 799 | + | river corridor management plan, shall be consistent with such 647 | |
| 800 | + | management plan. Any major state plan, other than the state plan [for] 648 | |
| 801 | + | of conservation and development, which is inconsistent with a river 649 | |
| 802 | + | corridor management plan shall be modified accordingly. Such 650 | |
| 803 | + | modifications shall be made in consultation with the commissioner at 651 | |
| 804 | + | the next scheduled revision of such plan. 652 | |
| 805 | + | (2) If all the member municipalities of a river commission have 653 | |
| 806 | + | amended their applicable laws and plans pursuant to subsection (b) of 654 | |
| 807 | + | this section and if the commissioner finds that the state plan [for] of 655 | |
| 808 | + | conservation and development is inconsistent with the subject river 656 | |
| 809 | + | corridor management plan, he shall apply to the secretary for a revision 657 | |
| 810 | + | pursuant to section 16a-32, as amended by this act. 658 | |
| 811 | + | This act shall take effect as follows and shall amend the following | |
| 812 | + | sections: | |
| 813 | + | ||
| 814 | + | Section 1 October 1, 2022 7-255 | |
| 815 | + | Sec. 2 October 1, 2022 8-2p | |
| 816 | + | Sec. 3 October 1, 2022 8-26c(c) | |
| 817 | + | Sec. 4 October 1, 2022 2-79a(a)(3) | |
| 818 | + | Sec. 5 October 1, 2022 7-131e(a) | |
| 819 | + | Sec. 6 October 1, 2022 12-217ii(d) | |
| 820 | + | Sec. 7 October 1, 2022 16a-25 | |
| 821 | + | Sec. 8 October 1, 2022 16a-32(a) | |
| 822 | + | Sec. 9 October 1, 2022 22a-92(a)(8) | |
| 823 | + | Sec. 10 October 1, 2022 22a-100(a) | |
| 824 | + | Sec. 11 October 1, 2022 22a-352(a) | |
| 825 | + | Sec. 12 October 1, 2022 22a-430(k) | |
| 826 | + | Sec. 13 October 1, 2022 22a-471(b)(9) | |
| 827 | + | Sec. 14 October 1, 2022 22a-478(h) | |
| 828 | + | Sec. 15 October 1, 2022 25-68d(d) | |
| 829 | + | Sec. 16 October 1, 2022 25-102gg(b) | |
| 830 | + | Sec. 17 October 1, 2022 25-201 | |
| 831 | + | Sec. 18 October 1, 2022 25-204(e) Raised Bill No. 224 | |
| 832 | + | ||
| 833 | + | ||
| 834 | + | LCO 1774 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00224- | |
| 835 | + | R01-SB.docx } | |
| 836 | + | 23 of 23 | |
| 837 | + | ||
| 838 | + | Sec. 19 October 1, 2022 25-206(d) | |
| 839 | + | Sec. 20 October 1, 2022 25-231 | |
| 840 | + | Sec. 21 October 1, 2022 25-234(e) | |
| 841 | + | Sec. 22 October 1, 2022 25-236(e)(1) and (2) | |
| 842 | + | ||
| 843 | + | PD Joint Favorable | |
| 739 | 844 |