Senate Bill No. 224
Public Act No. 22-23
AN ACT CONCERNING THE LEGISLATIVE COMMISSIONERS'
RECOMMENDATIONS FOR MINOR AND TECHNICAL REVISIONS
TO STATUTES CONCERNING PLANNING AND DEVELOPMENT.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 7-255 of the 2022 supplement to the general statutes
is repealed and the following is substituted in lieu thereof (Effective
October 1, 2022):
(a) The water pollution control authority may establish and revise fair
and reasonable charges for connection with and for the use of a
sewerage system. The owner of property against which any such
connection or use charge is levied shall be liable for the payment thereof.
Municipally-owned and other tax-exempt property which uses the
sewerage system shall be subject to such charges under the same
conditions as are the owners of other property, but nothing herein shall
be deemed to authorize the levying of any property tax by any
municipality against any property exempt by the general statutes from
property taxation. No charge for connection with or for the use of a
sewerage system shall be established or revised until after a public
hearing before the water pollution control authority at which the owner
of property against which the charges are to be levied shall have an
opportunity to be heard concerning the proposed charges. Such hearing Senate Bill No. 224
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may be conducted in person or by means of electronic equipment.
Notice of the time, place and purpose of such hearing shall be published
at least ten days before the date thereof in a newspaper having a general
circulation in the municipality and on the Internet web site of the
municipality. A copy of the proposed charges shall be on file in the office
of the clerk of the municipality and available for inspection by the public
for at least ten days before the date of such hearing. When the water
pollution control authority has established or revised such charges, it
shall file a copy thereof in the office of the clerk of the municipality and,
not later than five days after such filing, shall cause the same to be
published in a newspaper having a general circulation in the
municipality and on the Internet web site of the municipality. Such
publication shall state the date on which such charges were filed and the
time and manner of paying such charges and shall state that any appeals
from such charges must be taken within twenty-one days after such
filing. In establishing or revising such charges the water pollution
control authority may classify the property connected or to be connected
with the sewer system and the users of such system, including
categories of industrial users, and may give consideration to any factors
relating to the kind, quality or extent of use of any such property or
classification of property or users including, but not limited to, (1) the
volume of water discharged to the sewerage system, (2) the type or size
of building connected with the sewerage system, (3) the number of
plumbing fixtures connected with the sewerage system, (4) the number
of persons customarily using the property served by the sewerage
system, (5) in the case of commercial or industrial property, the average
number of employees and guests using the property, and (6) the quality
and character of the material discharged into the sewerage system. The
water pollution control authority may establish minimum charges for
connection with and for the use of a sewerage system. Any person
aggrieved by any charge for connection with or for the use of a sewerage
system may appeal to the superior court for the judicial district wherein
the municipality is located and shall bring any such appeal to a return Senate Bill No. 224
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day of said court not less than twelve or more than thirty days after
service thereof. The judgment of the court shall be final.
(b) Any municipality may, by ordinance, provide for the payment to
the water pollution control authority by such municipality of the whole
or a portion of such charges for specified classifications of property or
users, provided such classifications are established by the water
pollution control authority in accordance with the provisions of
subsection (a) of this section and meet the requirements of the federal
Water Pollution Control Act Amendments of 1972, P.L. 92-500, as
amended from time to time.
(c) Any municipality may, by ordinance, provide for optional
methods of payment of sewer use charges to the water pollution control
authority by (1) elderly taxpayers who are eligible for tax relief under
the provisions of section 12-129b, section 12-170aa or a plan of tax relief
for elderly taxpayers provided by such municipality in accordance with
section 12-129n, or (2) any taxpayer under the age of sixty-five who is
eligible for tax relief under the provisions of a plan for tax relief
provided by such municipality in accordance with subdivision (2) of
section 12-129n.
Sec. 2. Section 8-2p of the 2022 supplement to the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2022):
The zoning commission or combined planning and zoning
commission, as applicable, of a municipality, by a two-thirds vote, may
initiate the process by which such municipality opts out of the provision
of subdivision (9) of subsection (d) of section 8-2 regarding limitations
on parking spaces for dwelling units, provided such commission: (1)
First holds a public hearing in accordance with the provisions of section
8-7d on such proposed opt-out, (2) affirmatively decides to opt out of
the provision of said subsection within the period of time permitted Senate Bill No. 224
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under section 8-7d, (3) states upon its records the reasons for such
decision, and (4) publishes notice of such decision in a newspaper
having a substantial circulation in the municipality not later than fifteen
days after such decision has been rendered. Thereafter, the
municipality's legislative body or, in a municipality where the
legislative body is a town meeting, its board of selectmen, by a two-
thirds vote, may complete the process by which such municipality opts
out of the provision of subdivision (9) of subsection (d) of section 8-2.
Sec. 3. Subsection (c) of section 8-26c of the 2022 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2022):
(c) In the case of a subdivision plan approved on or after October 1,
1977, failure to complete all work within such five-year period or any
extension thereof shall result in automatic expiration of the approval of
such plan provided the commission shall file on the land records of the
town in which such subdivision is located notice of such expiration and
shall state such expiration on the subdivision plan on file in the office of
the town clerk of such town, and no additional lots in the subdivision
shall be conveyed by the subdivider or his successor in interest as such
subdivider except with approval by the commission of a new
application for subdivision of the subject land. If lots have been
conveyed during such five-year period or any extension thereof, the
municipality shall call the bond or other surety on said subdivision to
the extent necessary to complete the bonded improvements and utilities
required to serve those lots. "Work" for purposes of this section means
all physical improvements required by the approved plan, other than
the staking out of lots, and includes, but is not limited to, the
construction of roads, storm drainage facilities and water and sewer
lines, the setting aside of open space and recreation areas, installation of
telephone and electric services, planting of trees or other landscaping,
and installation of retaining walls or other structures. Senate Bill No. 224
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Sec. 4. Subdivision (3) of subsection (a) of section 2-79a of the general
statutes is repealed and the following is substituted in lieu thereof
(Effective October 1, 2022):
(3) On and after July 1, 2019, the commission shall consist of the
president pro tempore of the Senate, the speaker of the House of
Representatives, the minority leader of the Senate, the minority leader
of the House of Representatives, the Secretary of the Office of Policy and
Management, the Commissioner of Education, the Commissioner of
Energy and Environmental Protection and the Commissioner of
Economic and Community Development, or their designees, and
seventeen additional members as follows: (A) Six municipal officials
appointed by the Governor, four of whom shall be selected from a list
of nominees submitted to the Governor by the Connecticut Conference
of Municipalities and two of whom shall be selected from a list
submitted by the Council of Small Towns. One of such six officials shall
be from a town having a population of ten thousand or less persons, one
shall be from a town having a population of more than ten thousand but
less than twenty thousand persons, two shall be from towns having
populations of more than twenty thousand but less than sixty thousand
persons and two shall be from towns having populations of sixty
thousand or more persons; (B) two local public education officials
appointed by the Governor, one of whom shall be selected from a list of
nominees submitted to the Governor by the Connecticut Association of
Boards of Education and one of whom shall be selected from a list
submitted by the Connecticut Association of Public School
Superintendents; (C) one representative of a regional council of
governments appointed by the Governor from a list of nominees
submitted to the Governor by the Connecticut Association of Councils
of Governments; (D) one representative of organized labor appointed
by the Governor from a list of nominees submitted to the Governor by
the Connecticut AFL-CIO; (E) five persons who do not hold elected or
appointed office in state or local government, one of whom shall be Senate Bill No. 224
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appointed by the Governor, one of whom shall be appointed by the
president pro tempore of the Senate, one of whom shall be appointed by
the speaker of the House of Representatives, one of whom shall be
appointed by the minority leader of the Senate and one of whom shall
be appointed by the minority leader of the House of Representatives; (F)
one representative of the Connecticut Conference of Municipalities
appointed by said conference; and (G) one representative of the Council
of Small Towns appointed by said council.
Sec. 5. Subsection (a) of section 7-131e of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2022):
(a) Grant award decisions under the protected open space and
watershed land acquisition grant program established under section 7-
131d or under the Charter Oak open space grant program established
under section 7-131t shall be made by the Commissioner of Energy and
Environmental Protection at least semiannually. All complete and
eligible grant applications shall be acted upon by the commissioner as
soon as practicable. A single project may receive a grant in more than
one grant cycle, subject to future availability of funds and subject to the
limitations set forth in this section and sections 23-78, 12-498 and 7-131d.
Up to five per cent of the grant funds may be used for administrative
expenses including, but not limited to: (1) Contractors to assist the
Department of Energy and Environmental Protection in the review and
evaluation of grant proposals and baseline data collection for
conservation easements; (2) appraisals or appraisal reviews; and (3)
preparation of legal and other documents. Administrative expenses
may not be used for staff salaries. Not later than September 1, 1998, for
the protected open space and watershed land acquisition grant program
established under section 7-131d, and not later than September 1, 2000,
for the Charter Oak open space grant program account established
under section 7-131t, the commissioner shall develop written guidelines Senate Bill No. 224
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and a ranking system for consistency and equity in the distribution of
grant awards under the protected open space and watershed land
acquisition grant program established under section 7-131d or under the
Charter Oak open space grant program account established under
section 7-131t based on the criteria listed in subsections (b) and (c) of
section 7-131d. Consistent with such criteria, additional consideration
shall be given to: (A) Protection of lands adjacent to and complementary
to adjacent protected open space land or class I or class II water
company lands; (B) equitable geographic distribution of the grants; (C)
proximity of a property to urban areas with growth and development
pressures or to areas with open space deficiencies and underserved
populations; (D) protection of land particularly vulnerable to
development incompatible with its natural resource values including
the protection of a public water supply source; (E) consistency with the
[state's] state plan of conservation and development; (F) multiple
protection elements, such as water quality and supply protection, scenic
preservation and farmland preservation; (G) the extent to which the
presence of already constructed buildings or other man-made
improvements diminish or overshadow the natural resource value of a
proposed acquisition, or its value relative to its cost; and (H)
preservation of forest lands and bodies of water which naturally absorb
significant amounts of carbon dioxide.
Sec. 6. Subsection (d) of section 12-217ii of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2022):
(d) The commissioner shall determine whether (1) the taxpayer
making the application is eligible for the tax credit, and (2) the proposed
job growth (A) is economically viable only with use of the tax credit, (B)
would provide a net benefit to economic development and employment
opportunities in the state, and (C) conforms to the state plan of
conservation and development prepared pursuant to [section 16a-24] Senate Bill No. 224
Public Act No. 22-23 8 of 23
part I of chapter 297. The commissioner may require the applicant to
submit such additional information as may be necessary to evaluate the
application.
Sec. 7. Section 16a-25 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2022):
As used in this chapter:
(1) "Process" means the procedure for adopting, amending, revising
and implementing a state plan of conservation and development;
(2) "Existing plan" means the plan promulgated by Executive Order
No. 28, September 27, 1974;
(3) "Secretary" means the Secretary of the Office of Policy and
Management;
(4) "Committee" means the continuing legislative committee on state
planning and development established pursuant to section 4-60d;
(5) "Adoption year" means the calendar year which is no later than
five years subsequent to the year in which the plan was last adopted in
accordance with the process established in this chapter;
(6) "Revision year" means the calendar year immediately preceding
the adoption year;
(7) "Prerevision year" means the calendar year immediately
preceding the revision year;
(8) "State agency" means any state department, institution, board,
commission or official; and
(9) "Plan", when referring to the state plan [for] of conservation and
development, means the text of such plan and any accompanying Senate Bill No. 224
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locational guide map.
Sec. 8. Subsection (a) of section 16a-32 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2022):
(a) Each revision of the state plan of conservation and development
shall be initiated by the secretary and shall be undertaken in accordance
with the process outlined in this chapter.
Sec. 9. Subdivision (8) of subsection (a) of section 22a-92 of the general
statutes is repealed and the following is substituted in lieu thereof
(Effective October 1, 2022):
(8) To coordinate the activities of public agencies to ensure that state
expenditures enhance development while affording maximum
protection to natural coastal resources and processes in a manner
consistent with the state plan [for] of conservation and development
adopted pursuant to part I of chapter 297;
Sec. 10. Subsection (a) of section 22a-100 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2022):
(a) All major state plans, other than the state plan [for] of conservation
and development adopted pursuant to part I of chapter 297, which affect
the coastal area shall be consistent with the goals and policies stated in
section 22a-92, as amended by this act, and existing state plans, other
than the state plan [for] of conservation and development adopted
pursuant to part I of chapter 297, which affect the coastal area shall, on
or before July 1, 1981, be revised, if necessary, to [insure] ensure
consistency with this chapter. Agencies responsible for revising state
plans, other than the state plan [for] of conservation and development
adopted pursuant to part I of chapter 297, shall consult with the
commissioner in making such revisions. Senate Bill No. 224
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Sec. 11. Subsection (a) of section 22a-352 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2022):
(a) Not later than July 1, 2017, the Water Planning Council,
established pursuant to section 25-33o, shall, within available
appropriations, prepare a state water plan for the management of the
water resources of the state. In developing such state water plan, the
Water Planning Council shall: (1) Design a unified planning program
and budget; (2) consider regional water and sewer facilities plans; (3)
identify the appropriate regions of the state for comprehensive water
planning; (4) identify the data needs and develop a consistent format for
submitting data to the council, applicable state agencies and regional
councils of governments for use in planning and permitting; (5) consider
the potential impact of climate change on the availability and
abundance of water resources and the importance of climate resiliency;
(6) seek involvement of interested parties; (7) solicit input from the
advisory group established pursuant to section 25-33o; (8) consider
individual water supply plans, water quality standards, stream flow
classifications, as described in regulations adopted pursuant to section
26-141b, water utility coordinating committee plans, the state plan of
conservation and development, as described in [section 16a-30] part I of
chapter 297, and any other planning documents deemed necessary by
the council; (9) promote the adoption of municipal ordinances based on
the State of Connecticut Model Water Use Restriction Ordinance for
municipal water emergencies; and (10) examine appropriate
mechanisms for resolving conflicts related to the implementation of the
state water plan.
Sec. 12. Subsection (k) of section 22a-430 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2022):
(k) The commissioner shall not deny a permit under this section if the Senate Bill No. 224
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basis for such denial is a determination by the commissioner that the
proposed activity for which application has been made is inconsistent
with the state plan of conservation and development adopted under
[section 16a-30] part I of chapter 297.
Sec. 13. Subdivision (9) of subsection (b) of section 22a-471 of the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2022):
(9) Notwithstanding any provision of this section and the [cost
sharing] cost-sharing formula established in section 22a-471-1 of the
regulations of Connecticut state agencies, for any area of a municipality
that is adjacent to a site listed on the State of Connecticut Superfund
Priority List where a water line extension component to such project has
been installed by a municipal or private water company, the minimum
size water main required to address pollution may be upgraded in order
to carry fire flow or address public water supply needs that are
consistent with an adopted municipal plan of conservation and
development and the municipality shall only be responsible to pay the
incremental project cost, which may be funded by such water company,
another person or available local, state or federal funds.
Sec. 14. Subsection (h) of section 22a-478 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2022):
(h) The Department of Public Health shall establish and maintain a
priority list of eligible drinking water projects and shall establish a
system setting the priority for making project loans to eligible public
water systems. In establishing such priority list and ranking system, the
Commissioner of Public Health shall consider all factors which he
deems relevant, including but not limited to the following: (1) The
public health and safety; (2) protection of environmental resources; (3)
population affected; (4) risk to human health; (5) public water systems Senate Bill No. 224
Public Act No. 22-23 12 of 23
most in need on a per household basis according to applicable state
affordability criteria; (6) compliance with the applicable requirements of
the federal Safe Drinking Water Act and other related federal acts; (7)
applicable state and federal regulations. The priority list of eligible
drinking water projects shall include a description of each project and
its purpose, impact, cost and construction schedule, and an explanation
of the manner in which priorities were established. The Commissioner
of Public Health shall adopt an interim priority list of eligible drinking
water projects for the purpose of making project loans prior to adoption
of final regulations, and in so doing may utilize existing rules and
regulations of the department relating to the program. To the extent
required by applicable federal law, the Department of Public Health
shall prepare any required intended use plan with respect to eligible
drinking water projects; (8) consistency with the state plan of
conservation and development; (9) consistency with the policies
delineated in section 22a-380; and (10) consistency with the coordinated
water system plan in accordance with subsection (f) of section 25-33d.
Sec. 15. Subsection (d) of section 25-68d of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2022):
(d) Any state agency proposing an activity or critical activity within
or affecting the floodplain may apply to the commissioner for
exemption from the provisions of subsection (b) of this section. Such
application shall include a statement of the reasons why such agency is
unable to comply with said subsection and any other information the
commissioner deems necessary. The commissioner, at least thirty days
before approving, approving with conditions or denying any such
application, shall publish once in a newspaper having a substantial
circulation in the affected area notice of: (1) The name of the applicant;
(2) the location and nature of the requested exemption; (3) the tentative
decision on the application; and (4) additional information the Senate Bill No. 224
Public Act No. 22-23 13 of 23
commissioner deems necessary to support the decision to approve,
approve with conditions or deny the application. There shall be a
comment period following the public notice during which period
interested persons and municipalities may submit written comments.
After the comment period, the commissioner shall make a final
determination to either approve the application, approve the
application with conditions or deny the application. The commissioner
may hold a public hearing prior to approving, approving with
conditions or denying any application if in the discretion of the
commissioner the public interest will be best served thereby, and the
commissioner shall hold a public hearing upon receipt of a petition
signed by at least twenty-five persons. Notice of such hearing shall be
published at least thirty days before the hearing in a newspaper having
a substantial circulation in the area affected. The commissioner may
approve or approve with conditions such exemption if the
commissioner determines that (A) the agency has shown that the
activity or critical activity is in the public interest, will not injure persons
or damage property in the area of such activity or critical activity,
complies with the provisions of the National Flood Insurance Program,
and, in the case of a loan or grant, the recipient of the loan or grant has
been informed that increased flood insurance premiums may result
from the activity or critical activity. An activity shall be considered to be
in the public interest if it is a development subject to environmental
remediation regulations adopted pursuant to section 22a-133k and is in
or adjacent to an area identified as a regional center, neighborhood
conservation area, growth area or rural community center in the [State
Plan of Conservation and Development] state plan of conservation and
development pursuant to chapter 297, or (B) in the case of a flood control
project, such project meets the criteria of subparagraph (A) of this
subdivision and is more cost-effective to the state and municipalities
than a project constructed to or above the base flood or base flood for a
critical activity. Following approval for exemption for a flood control
project, the commissioner shall provide notice of the hazards of a flood Senate Bill No. 224
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greater than the capacity of the project design to each member of the
legislature whose district will be affected by the project and to the
following agencies and officials in the area to be protected by the project:
The planning and zoning commission, the inland wetlands agency, the
director of civil defense, the conservation commission, the fire
department, the police department, the chief elected official and each
member of the legislative body, and the regional council of
governments. Notice shall be given to the general public by publication
in a newspaper of general circulation in each municipality in the area in
which the project is to be located.
Sec. 16. Subsection (b) of section 25-102gg of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2022):
(b) The assembly shall, from time to time, review, and may, after
public hearing of which at least fifteen [days] days' notice has been given
in a newspaper or newspapers having a circulation in the conservation
zone, revise the standards established pursuant to special act 79-77, as
amended by special act 81-1. Such revisions shall be consistent with the
state plan [for] of conservation and development adopted pursuant to
part I of chapter 297 and the purposes of this chapter. A copy of the
proposed revisions shall be furnished at least fifteen days prior thereto
to the conservation commission, zoning commission, the planning
commission or combined planning and zoning commission of the
municipalities to be affected thereby and shall be filed at least ten days
prior to the hearing in the office of the town or city clerk of the
municipalities affected thereby.
Sec. 17. Section 25-201 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2022):
For the purposes of sections 25-200 to 25-210, inclusive: Senate Bill No. 224
Public Act No. 22-23 15 of 23
(1) "Approved map" means a map approved by the commissioner
pursuant to section 25-205;
(2) "Approved river corridor protection plan" means a river corridor
protection plan approved by the commissioner pursuant to section 25-
205;
(3) "Clear cutting" means removal of all standing woody vegetation
greater than one inch diameter at breast height within a designated river
corridor;
(4) "Commissioner" means the Commissioner of Energy and
Environmental Protection or his agent;
(5) "Designation" means designation, by act of the General Assembly,
of a river corridor for protection and preservation in accordance with an
approved river corridor protection plan and the provisions of sections
25-200 to 25-210, inclusive;
(6) "Designated river corridor" means that portion of a river corridor
defined on a map prepared in accordance with section 25-204, as
amended by this act, and which has been designated by the General
Assembly pursuant to sections 25-200 to 25-210, inclusive;
(7) "Eligible river corridor" means a river corridor which is included
on the list adopted by the commissioner pursuant to section 25-202;
(8) "Local drainage basin" means a local drainage basin referenced on
a map entitled "Natural Drainage Basins of Connecticut", published by
the Department of Energy and Environmental Protection, 1981;
(9) "Member municipality" means a municipality which is a member
of a river committee established pursuant to section 25-203;
(10) "Major state plan" means the plan for development of outdoor
recreation adopted pursuant to section 22a-21, the state-wide solid Senate Bill No. 224
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waste management plan adopted pursuant to section 22a-228, the state-
wide plan for the management of water resources adopted pursuant to
section 22a-352, as amended by this act, the state-wide environmental
plan adopted pursuant to section 22a-8, the plan for the disposal of
dredged material for Long Island Sound, the historic preservation plan
adopted under the National Historic Preservation Act, as amended, the
state-wide facility and capital plan adopted pursuant to section 4b-23,
the water quality management plan adopted under the federal Clean
Water Act, the marine resources management plan, the plan for
managing forest resources, the wildlife management plans and the
salmon restoration plan;
(11) "Person" means "person" as defined in section 22a-2;
(12) "River corridor" means any river, river segment or river system,
together with its floodplains, wetlands and uplands, contributing
overland runoff to such river, river segment or river system;
(13) "River committee" means a river committee established pursuant
to section 25-203;
(14) "River system" means a river, its tributaries and any lands
draining into such river or its tributaries;
(15) "Secretary" means the Secretary of the Office of Policy and
Management or his agent;
(16) "State rivers assessment data base" means the state-wide
assessment of the state's rivers prepared by the commissioner pursuant
to subdivision (3) of subsection (c) of section 25-102qq;
(17) ["State plan for conservation and development"] "State plan of
conservation and development" means the state plan [for] of
conservation and development prepared pursuant to part I of chapter
297; Senate Bill No. 224
Public Act No. 22-23 17 of 23
(18) "Subregional drainage basin" means a subregional drainage
basin as depicted on a map entitled "Natural Drainage Basins of
Connecticut", published by the Department of Energy and
Environmental Protection, 1981; and
(19) "Water-dependent use" means a use which, by its nature or
function, requires direct access to, or location in or immediately adjacent
to, water and which therefore cannot be located upland and shall
include such recreational uses as riverside trails and bicycle paths.
Sec. 18. Subsection (e) of section 25-204 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2022):
(e) After adoption pursuant to subsection (d) of this section of an
inventory, statement of objectives and map, the river committee shall
prepare a report on all federal, state and municipal laws, plans,
programs and proposed activities which may affect the river corridor
defined in such map. Such laws shall include regulations adopted
pursuant to chapter 440 and zoning, subdivision and site plan
regulations adopted pursuant to section 8-3. Such plans shall include
plans of conservation and development adopted pursuant to section 8-
23, the state plan [for] of conservation and development adopted under
part I of chapter 297, water utility supply plans adopted pursuant to
section 25-32d, coordinated water system plans adopted pursuant to
section 25-33h, municipal open space plans, the commissioner's fish and
wildlife plans, and publicly-owned wastewater treatment facility plans.
State and regional agencies shall, within available resources, assist the
river committee in identifying such laws, plans, programs and proposed
activities. The report to be prepared pursuant to this section shall
identify any conflicts between such federal, state, regional and
municipal laws, plans, programs and proposed activities and the river
committee's objectives for river corridor protection and preservation as
reflected in the statement of objectives. If conflicts are identified, the Senate Bill No. 224
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river committee shall notify the applicable state, regional or municipal
agencies and such agencies shall, within available resources, attempt
with the river commission to resolve such conflicts.
Sec. 19. Subsection (d) of section 25-206 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2022):
(d) (1) Every major state plan other than the state plan [for] of
conservation and development, to the extent that it affects a designated
river corridor, shall be consistent with the approved river corridor
protection plan for such corridor, and any state plan which is
inconsistent with such approved river corridor protection plan shall be
modified accordingly. Such modifications shall be made in consultation
with the commissioner at the next scheduled revision of such plan.
(2) If the commissioner finds that the state plan [for] of conservation
and development is inconsistent with an approved river corridor
protection plan for a designated river corridor, he shall apply to the
secretary for a revision pursuant to section 16a-32, as amended by this
act.
(3) Every regional plan of conservation and development adopted
pursuant to section 8-35a, to the extent that it affects a designated river
corridor, shall be consistent with the approved river corridor protection
plan for such corridor and any regional plan of conservation and
development which is inconsistent with such approved river corridor
protection plan shall be modified accordingly. Such modifications shall
be made in consultation with the commissioner.
(4) Every municipal plan of conservation and development adopted
pursuant to section 8-23, to the extent that it affects a designated river
corridor, shall be consistent with the approved river corridor protection
plan for such corridor and any municipal plan of conservation and Senate Bill No. 224
Public Act No. 22-23 19 of 23
development which is inconsistent with such approved river corridor
protection plan shall be modified accordingly. Such modifications shall
be made in consultation with the commissioner.
(5) The commissioner may notify any applicable federal agency of the
designation of a river corridor and may take any other appropriate
action to assure consideration of such designation in federal programs
or activities.
Sec. 20. Section 25-231 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2022):
As used in sections 25-230 to 25-238, inclusive:
(1) "Approved river corridor management plan" means a river
corridor management plan approved by the commissioner pursuant to
section 25-235;
(2) "Commissioner" means the Commissioner of Energy and
Environmental Protection or his agent;
(3) "Local drainage basin" means a local drainage basin as referenced
on a map entitled "Natural Drainage Basins of Connecticut", published
by the Department of Energy and Environmental Protection, 1981;
(4) "Major state plan" means any of the following: The plan for
development of outdoor recreation adopted pursuant to section 22a-21,
the state-wide solid waste management plan adopted pursuant to
section 22a-228, the state-wide plan for the management of water
resources adopted pursuant to section 22a-352, as amended by this act,
the state-wide environmental plan adopted pursuant to section 22a-8,
the historic preservation plan adopted under the National Historic
Preservation Act, 16 USC 470 et seq., the state-wide facility and capital
plan adopted pursuant to section 4b-23, the state's consolidated plan for
housing and community development prepared pursuant to section 8- Senate Bill No. 224
Public Act No. 22-23 20 of 23
37t, the water quality management plan adopted under the federal
Clean Water Act, 33 USC 1251 et seq., any plans for managing forest
resources adopted pursuant to section 23-20 and the Connecticut River
Atlantic Salmon Compact adopted pursuant to section 26-302;
(5) "Member municipality" means a municipality which is a member
of a river commission established pursuant to section 25-232;
(6) "Person" means person, as defined in section 22a-2;
(7) "River advisory board" means any of the following: The Five Mile
River Commission established pursuant to section 15-26a, the
Connecticut River Gateway Commission established pursuant to
section 25-102e, the Connecticut River Assembly established pursuant
to section 25-102dd, the Bi-State Pawcatuck River Commission
established pursuant to section 25-161, the Niantic River Gateway
Commission established pursuant to section 25-109e, the Housatonic
Estuary Commission established pursuant to section 25-170, the
Farmington River Coordinating Committee established pursuant to the
National Wild and Scenic Rivers Act, 16 USC 1274 et seq., the Shepaug-
Bantam River Board or a river committee established pursuant to
section 25-203;
(8) "River corridor" means any river, river segment or river system,
together with its floodplains, wetlands and uplands, contributing
overland runoff to such river, river segment or river system;
(9) "River commission" means a river commission established
pursuant to section 25-232;
(10) "River system" means a river, its tributaries and any lands
draining into such river or its tributaries;
(11) "Secretary" means the Secretary of the Office of Policy and
Management or his agent; Senate Bill No. 224
Public Act No. 22-23 21 of 23
(12) "State rivers assessment database" means the state-wide
assessment of the state's rivers prepared by the commissioner pursuant
to subdivision (3) of subsection (c) of section 25-102qq;
(13) ["State plan for conservation and development"] "State plan of
conservation and development" means the state plan [for] of
conservation and development prepared pursuant to part I of chapter
297;
(14) "Subregional drainage basin" means a subregional drainage
basin as referenced on a map entitled "Natural Drainage Basins of
Connecticut", published by the Department of Energy and
Environmental Protection, 1981;
(15) "Water-dependent use" means a use which, by its nature or
function, requires direct access to, or location in or immediately adjacent
to, water and which therefore cannot be located upland, and includes
such recreational uses as riverside trails and bicycle paths;
(16) "Use" means agriculture, public and private water supply, power
generation, waste assimilation, transportation, recreation, including,
but not limited to, boating, swimming, fishing, camping and hiking and
residential, commercial, industrial and other water-dependent uses; and
(17) "Resource" means any riparian waters of the state, related
fisheries and wildlife habitat and adjacent shorelands, both developed
and undeveloped; any vegetation, fish and wildlife; endangered and
threatened species, species of special concern and essential habitat
identified by the commissioner pursuant to chapter 495; tidal and inland
wetlands; unique geologic features; scenic areas; forest lands, as defined
in section 23-65f; agricultural lands, as defined in section 22-26bb; and
archaeological and other historical resources.
Sec. 21. Subsection (e) of section 25-234 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October Senate Bill No. 224
Public Act No. 22-23 22 of 23
1, 2022):
(e) After adoption of an inventory, statement of objectives and map,
pursuant to subsection (d) of this section, the river commission shall
prepare a report on all federal, state, regional and municipal laws, plans,
programs and proposed activities that may affect the river corridor
defined in such map. Such federal, state, regional and municipal laws
shall include regulations adopted pursuant to chapter 440, and zoning,
subdivision and site plan regulations adopted pursuant to section 8-3.
Such federal, state, regional and municipal plans shall include plans of
development adopted pursuant to section 8-23, the state plan [for] of
conservation and development adopted under part I of chapter 297,
water utility supply plans submitted pursuant to section 25-32d,
coordinated water system plans submitted pursuant to section 25-33h,
plans prepared by regional planning organizations, as defined in section
4-124i, and plans of publicly owned wastewater treatment facilities
whose discharges may affect the subject river corridor. State and
regional agencies shall, within available resources, assist the river
commission in identifying such laws, plans, programs and proposed
activities. The report to be prepared pursuant to this section shall
identify any conflicts between such federal, state, regional and
municipal laws, plans, programs and proposed activities and the river
commission's objectives for river corridor management as reflected in
the statement of objectives. If conflicts are identified, the river
commission shall notify the applicable state, regional or municipal
agencies and such agencies shall, within available resources and in
consultation with the river commission, attempt to resolve such
conflicts.
Sec. 22. Subdivisions (1) and (2) of subsection (e) of section 25-236 of
the general statutes are repealed and the following is substituted in lieu
thereof (Effective October 1, 2022):
(e) (1) Every major state plan, other than the state plan [for] of Senate Bill No. 224
Public Act No. 22-23 23 of 23
conservation and development, to the extent that such major state plan
affects any river corridor for which the commissioner has approved a
river corridor management plan, shall be consistent with such
management plan. Any major state plan, other than the state plan [for]
of conservation and development, which is inconsistent with a river
corridor management plan shall be modified accordingly. Such
modifications shall be made in consultation with the commissioner at
the next scheduled revision of such plan.
(2) If all the member municipalities of a river commission have
amended their applicable laws and plans pursuant to subsection (b) of
this section and if the commissioner finds that the state plan [for] of
conservation and development is inconsistent with the subject river
corridor management plan, he shall apply to the secretary for a revision
pursuant to section 16a-32, as amended by this act.