LCO No. 1493 1 of 25
General Assembly Raised Bill No. 238
February Session, 2022
LCO No. 1493
Referred to Committee on ENVIRONMENT
Introduced by:
(ENV)
AN ACT CONCERNING REVISIONS TO CERTAIN ENVIRONMENT
RELATED STATUTES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (d) of section 22a-416 of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective from 2
passage): 3
(d) As used in this section the terms "class I", "class II", "class III" and 4
"class IV" mean the classifications of wastewater treatment plants 5
provided for in regulations adopted by the Department of Energy and 6
Environmental Protection. The Commissioner of Energy and 7
Environmental Protection may establish requirements for the presence 8
of approved operators at pollution abatement facilities. Applicants for 9
class I, [and] class II, class III and class IV certificates shall [only] be 10
required to pass the relevant standardized national examination 11
prepared by the Association of Boards of Certification for Wastewater 12
Treatment Facility Operators. [Applicants for class III and class IV 13
certificates shall only be required to pass the relevant standardized 14
national examination prepared by the Association of Boards of 15
Certification for Wastewater Treatment Faci lity Operators 16
supplemented with additional questions submitted by the 17
commissioner to such board. Operators with certificates issued by the 18
commissioner prior to May 16, 1995, shall not be required to be 19
reexamined.] The commissioner, or the commissioner's designated 20
LCO No. 1493 2 of 25
agent, shall administer and proctor the examination of all applicants. 21
The qualifications of the operators at such facilities shall be subject to 22
the approval of the commissioner. The commissioner may adopt 23
regulations, in accordance with the provisions of chapter 54, [requiring 24
all operators at pollution abatement facilities to satisfactorily complete, 25
on a regular basis, a state-certified training course, which may include 26
training on the type of municipal pollution abatement facility at which 27
the operator is employed and training concerning regulations 28
promulgated during the preceding year. Any applicant for certification 29
who passed either the examination prepared and administered on 30
December 8, 1994, by the commissioner or the examination prepared by 31
the Association of Boards of Certification for Wastewater Treatment 32
Facility Operators and administered on December 8, 1994, by the 33
commissioner shall be issued the appropriate certificate in accordance 34
with the regulations adopted under this section] concerning application, 35
certification, renewal and continuing education requirements for 36
operators. On and after October 1, 2018, each certified operator shall 37
obtain not less than six hours of continuing education each year. 38
Continuing education units and associated courses shall be approved 39
by the commissioner or the commissioner's designated agent in 40
consultation with the operator certification advisory board. A record of 41
such continuing education shall be maintained by the certified operator 42
and by the facility employing the operator and shall be made available 43
for inspection upon request by the commissioner. 44
Sec. 2. Subsection (c) of section 22-11h of the general statutes is 45
repealed and the following is substituted in lieu thereof (Effective from 46
passage): 47
(c) Individual structures used for aquaculture as defined in section 48
22-11c, including, but not limited to, racks, cages or bags, as well as 49
buoys marking such structures, which [do not otherwise require] 50
received a permit under federal Army Corps of Engineers regulations 51
and do not interfere with navigation in designated or customary boating 52
or shipping lanes and channels, shall be placed in leased or designated 53
shellfish areas and shall be exempt from the requirements of sections 54
LCO No. 1493 3 of 25
22a-359 to 22a-363f, inclusive. 55
Sec. 3. Subsection (c) of section 22a-73 of the general statutes is 56
repealed and the following is substituted in lieu thereof (Effective from 57
passage): 58
(c) [No ordinance shall be effective until such ordinance has been 59
approved by the commissioner. No ordinance shall be approved unless 60
it is in conformity with] Any such municipal noise control ordinance 61
shall be at least as stringent as any state noise control plan, including 62
ambient noise standards, adopted pursuant to section 22a-69 or any 63
standards or regulations adopted by the administrator of the United 64
States Environmental Protection Agency pursuant to the Noise Control 65
Act of 1972 (P.L. 92-574) or any amendment thereto. Notwithstanding 66
the provisions of this subsection, any municipality may adopt more 67
stringent noise standards than those adopted by the commissioner. [, 68
provided such standards are approved by the commissioner.] 69
Sec. 4. Subsection (c) of section 22a-174 of the general statutes is 70
repealed and the following is substituted in lieu thereof (Effective from 71
passage): 72
(c) The commissioner shall have the power, in accordance with 73
regulations adopted by him, (1) to require that a person, before 74
undertaking the construction, installation, enlargement or 75
establishment of a new air contaminant source specified in the 76
regulations adopted under subsection (a) of this section, submit to him 77
plans, specifications and such information as he deems reasonably 78
necessary relating to the construction, installation, enlargement, or 79
establishment of such new air contaminant source; (2) to issue a permit 80
approving such plans and specifications and permitting the 81
construction, installation, enlargement or establishment of the new air 82
contaminant source in accordance with such plans, or to issue an order 83
requiring that such plans and specifications be modified as a condition 84
to his approving them and issuing a permit allowing such construction, 85
installation, enlargement or establishment in accordance therewith, or 86
to issue an order rejecting such plans and specifications and prohibiting 87
LCO No. 1493 4 of 25
construction, installation, enlargement or establishment of a new air 88
contaminant source in accordance with the plans and specifications 89
submitted; (3) to require periodic inspection and maintenance of 90
combustion equipment and other sources of air pollution; (4) to require 91
any person to maintain such records relating to air pollution or to the 92
operation of facilities designed to abate air pollution as he deems 93
necessary to carry out the provisions of this chapter and section 14-164c; 94
(5) to require that a person in control of an air contaminant source 95
specified in the regulations adopted under subsection (a), obtain a 96
permit to operate such source if the source (A) is subject to any 97
regulations adopted by the commissioner concerning high risk 98
hazardous air pollutants, (B) burns waste oil, (C) is allowed by the 99
commissioner, pursuant to regulations adopted under subsection (a), to 100
exceed emission limits for sulfur compounds, (D) is issued an order 101
pursuant to section 22a-178, or (E) violates any provision of this chapter, 102
or any regulation, order or permit adopted or issued thereunder; (6) to 103
require that a person in control of an air contaminant source who is not 104
required to obtain a permit pursuant to this subsection register with him 105
and provide such information as he deems necessary to maintain his 106
inventory of air pollution sources and the commissioner may require 107
renewal of such registration at intervals he deems necessary to maintain 108
such inventory; (7) to require a permit for any source regulated under 109
the federal Clean Air Act Amendments of 1990, P.L. 101-549; (8) to 110
refuse to issue a permit if the Environmental Protection Agency objects 111
to its issuance in a timely manner under Title V of the federal Clean Air 112
Act Amendments of 1990; and (9) notwithstanding any regulation 113
adopted under this chapter, to require that any source permitted under 114
Title V of the federal Clean Air Act Amendments of 1990 shall comply 115
with all applicable standards set forth in the Code of Federal 116
Regulations, Title 40, Parts 51, 52, 59, 60, 61, 62, 63, 68, 70, 72 to 78, 117
inclusive, and 82, as amended from time to time. 118
Sec. 5. Subsection (d) of section 23-37 of the general statutes is 119
repealed and the following is substituted in lieu thereof (Effective from 120
passage): 121
LCO No. 1493 5 of 25
(d) If the state forest fire warden determines that additional state 122
forest fire control personnel are required to assist in extinguishing a 123
forest fire in this state or in another state that is a member of a compact 124
authorized to provide reciprocal aid, the state forest fire warden may 125
temporarily supplement state forest fire control personnel with 126
temporary emergency workers who meet the training and qualification 127
requirements of the National Incident Management System: Wildland 128
Fire Qualification System Guide published by the National Wildfire 129
Coordinating Group, as amended from time to time. The Department of 130
Administrative Services shall assist the state fire warden in developing 131
appropriate classifications for such temporary emergency workers. 132
Sec. 6. Section 23-53 of the general statutes is repealed and the 133
following is substituted in lieu thereof (Effective from passage): 134
The Governor on behalf of this state is authorized to enter into a 135
compact, substantially in the following form, with any one or more of 136
the states of Maine, Massachusetts, New Hampshire, New York, Rhode 137
Island and Vermont and with such other states of the United States or 138
provinces of the Dominion of Canada as may legally join therein: 139
NORTHEASTERN INTERSTATE FOREST FIRE 140
PROTECTION COMPACT 141
ARTICLE I 142
The purpose of this compact is to promote effective prevention and 143
control of forest fires in the northeastern region of the United States and 144
adjacent areas in Canada by the development of integrated forest fire 145
plans, by the maintenance of adequate forest fire fighting services by the 146
member states, by providing for mutual aid in fighting forest fires 147
among the states of the region and for procedures that will facilitate 148
such aid, and by the establishment of a central agency to coordinate the 149
services of member states and perform such common services as 150
member states may deem desirable. 151
ARTICLE II 152
LCO No. 1493 6 of 25
This agreement shall become operative immediately as to those states 153
ratifying it whenever any two or more of the states of Maine, New 154
Hampshire, Vermont, Rhode Island, Connecticut, New York and the 155
Commonwealth of Massachusetts have ratified it and the Congress has 156
given its consent. Any state not mentioned in this article which is 157
contiguous with any member state may become a party to this compact. 158
Subject to the consent of the Congress of the United States, any province 159
of the Dominion of Canada which is contiguous with any member state 160
may become a party to this compact by taking such action as its laws 161
and the laws of the Dominion of Canada may prescribe for ratification. 162
In this event, the term "state" in this compact shall include within its 163
meaning the term "province" and the procedures prescribed shall be 164
applied in the instance of such provinces, in accordance with the forms 165
and practices of the Canadian government. 166
ARTICLE III 167
Each state joining herein shall appoint three representatives to a 168
commission hereby designated as the Northeastern Forest Fire 169
Protection Commission. One shall be the state forester or officer holding 170
an equivalent position in such state who is responsible for forest fire 171
control. The second shall be a member of the legislature of such state 172
designated by the commission or committee on interstate cooperation 173
of such state, or if there be none, or if said commission on interstate 174
cooperation cannot constitutionally designate the said member, such 175
legislator shall be designated by the governor thereof; provided that if 176
it is constitutionally impossible to appoint a legislator as a commissioner 177
from such state, the second member shall be appointed by the governor 178
of said state in his discretion. The third member shall be a person 179
designated by the governor as the responsible representative of the 180
governor. In the event that any province of the Dominion of Canada 181
shall become a member of this commission, it shall designate three 182
members who will approximate this pattern of representation to the 183
extent possible under the law and practices of such province. This 184
commission shall be a body corporate with the powers and duties set 185
forth herein. 186
LCO No. 1493 7 of 25
ARTICLE IV 187
It shall be the duty of the commission to make inquiry and ascertain 188
from time to time such methods, practices, circumstances and 189
conditions as may be disclosed for bringing about the prevention and 190
control of forest fires in the area comprising the member states, to 191
coordinate the forest fire plans and the work of the appropriate agencies 192
of the member states and to facilitate the rendering of aid by the member 193
states to each other in fighting forest fires. 194
The commission shall formulate and, in accordance with need, from 195
time to time, revise a regional forest fire plan for the entire region 196
covered by the compact which shall serve as a common forest fire plan 197
for that area. 198
The commission shall, more than one month prior to any regular 199
meeting of the legislature in any signatory state, present to the governor 200
and to the legislature of the state its recommendations relating to 201
enactments to be made by the legislature of that state in furthering the 202
interests and purposes of this compact. 203
The commission shall consult with and advise the appropriate 204
administrative agencies of the states party hereto with regard to 205
problems connected with the prevention and control of forest fires and 206
recommend the adoption of such regulations as it deems advisable. 207
The commission shall have power to recommend to the signatory 208
states any and all measures that will effectuate the prevention and 209
control of forest fires. 210
ARTICLE V 211
Any two or more member states may designate the Northeastern 212
Forest Fire Protection Commission as a joint agency to maintain such 213
common services as those states deem desirable for the prevention and 214
control of forest fires. Except in those cases where all member states join 215
in such designation for common services, the representatives of any 216
group of such designating states in the Northeastern Forest Fire 217
LCO No. 1493 8 of 25
Protection Commission shall constitute a separate section of such 218
commission for the performance of the common service or services so 219
designated provided that, if any additional expense is involved, the 220
state so acting shall appropriate the necessary funds for this purpose. 221
The creation of such a section as a joint agency shall not affect the 222
privileges, powers, responsibilities or duties of the states participating 223
therein as embodied in the other articles of this compact. 224
ARTICLE VI 225
The commission may request the United States Forest Service to act 226
as the primary research and coordinating agency of the Northeastern 227
Forest Fire Protection Commission, in cooperation with the appropriate 228
agencies in each state and the United States Forest Service may accept 229
the initial responsibility in preparing and presenting to the commission 230
its recommendations with respect to the regional fire plan. 231
Representatives of the United States Forest Service may attend meetings 232
of the commission and of groups of member states. 233
ARTICLE VII 234
The commission shall annually elect from its members a chairman 235
and a vice-chairman. The commission shall appoint such officers or 236
employees as may be required to carry the provisions of this compact 237
into effect, shall fix and determine their duties, qualifications and 238
compensation, and may at its pleasure, remove or discharge any such 239
officer or employee. The commission shall adopt rules and regulations 240
for the conduct of its business. It may establish and maintain one or 241
more offices for the transaction of its business and may meet at any time 242
or place but must meet at least once a year. 243
A majority of the members of the commission representing a majority 244
of the signatory states shall constitute a quorum for the transaction of its 245
general business, but no action of the commission imposing any 246
obligation on any signatory state shall be binding unless a majority of 247
the members from such signatory state shall have voted in favor thereof. 248
For the purpose of conducting its general business, voting shall be by 249
LCO No. 1493 9 of 25
state units. 250
The representatives of any two or more member states, upon notice 251
to the chairman as to the time and purpose of the meeting, may meet as 252
a section for the discussion of problems common to those states. 253
Sections established by groups of member states shall have the same 254
powers with respect to officers, employees and the maintenance of 255
offices as are granted by this article to the commission. Sections may 256
adopt such rules, regulations and procedures as may be necessary for 257
the conduct of their business. 258
ARTICLE VIII 259
It shall be the duty of each member state to formulate and put in effect 260
a forest fire plan for that state and to take such measures as may be 261
recommended by the commission to integrate such forest fire plan with 262
regional forest fire plan. 263
Whenever the state forest fire control agency of a member state 264
requests aid from the state forest fire control agency of any other 265
member state in combatting, controlling or preventing forest fires, it 266
shall be the duty of the state forest fire control agency of that state to 267
render all possible aid to the requesting agency which is consonant with 268
the maintenance of protection at home. 269
Each signatory state agrees to render aid to the Forest Service or other 270
agencies of the government of the United States in combatting, 271
controlling or preventing forest fires in areas under their jurisdiction 272
located within the member state or a contiguous member state. 273
ARTICLE IX 274
Whenever the forces of any member state are rendering outside aid 275
pursuant to the request of another member state under this compact, the 276
employees of such state shall, under the direction of the officers of the 277
state to which they are rendering aid, have the same powers (except the 278
power of arrest), duties, rights, privileges and immunities as 279
LCO No. 1493 10 of 25
comparable employees of the state to which they are rendering aid. 280
No member state or its officers or employees rendering outside aid 281
pursuant to this compact shall be liable on account of any act or 282
omission on the part of such forces while so engaged, or on account of 283
the maintenance or use of any equipment or supplies in connection 284
therewith. 285
All liability that may arise either under the laws of the requesting 286
state or under the laws of the aiding state or under the laws of a third 287
state on account of or in connection with a request for aid, shall be 288
assumed and borne by the requesting state. 289
Any member state rendering outside aid pursuant to this compact 290
shall be reimbursed by the member state receiving such aid for any loss 291
or damage to, or expense incurred in the operation of any equipment 292
answering a request for aid, and for the cost of all materials, 293
transportation, wages, salaries, and maintenance of employees and 294
equipment incurred in connection with such request. Provided, that 295
nothing herein contained shall prevent any assisting member state from 296
assuming such loss, damage, expense or other cost or from loaning such 297
equipment or from donating such services to the receiving member state 298
without charge or cost. 299
Each member state shall provide for the payment of compensation 300
and death benefits to injured employees and the representatives of 301
deceased employees in case employees sustain injuries or are killed 302
while rendering outside aid pursuant to this compact, in the same 303
manner and on the same terms as if the injury or death were sustained 304
within such state. 305
For the purposes of this compact the term employee shall include any 306
volunteer or auxiliary legally included within the forest fire fighting 307
forces of the aiding state under the laws thereof. 308
The commission shall formulate procedures for claims and 309
reimbursement under the provisions of this article. 310
LCO No. 1493 11 of 25
Aid by a member state to an area subject to federal jurisdiction 311
beyond the borders of such state shall not be required under this 312
compact unless substantially the same provisions of this article relative 313
to powers, liabilities, losses and expenses in connection with such aid 314
are embodied in federal laws. 315
The provisions of this article that relate to mutual aid in combating, 316
controlling or preventing forest fires shall be applicable to the provision 317
of such aid by any state that is party to this compact and any other state 318
that is party to a regional forest fire protection compact in another 319
region, provided the legislature of such other state assents to the mutual 320
aid provisions of this compact. 321
ARTICLE X 322
When appropriations for the support of this commission or for the 323
support of common services maintained by the commission or a section 324
thereof under the provisions of article V are necessary, the commission 325
or a section thereof shall allocate the costs among the states affected with 326
consideration of the amounts of forested land in those states that will 327
receive protection from the service to be rendered and the extent of the 328
forest fire problem involved in each state, and shall submit its 329
recommendations accordingly to the legislatures of the affected states. 330
The commission shall submit to the governor of each state, at such 331
time as he may request, a budget of its estimated expenditures for such 332
period as may be required by the laws of such state for presentation to 333
the legislature thereof. 334
The commission shall keep accurate books of account, showing in full 335
its receipts and disbursements, and said books of account shall be open 336
at any reasonable time to the inspection of such representatives of the 337
respective signatory states as may be duly constituted for that purpose. 338
On or before the first day of December of each year, the commission 339
shall submit to the respective governors of the signatory states a full and 340
complete report of its activities for the preceding year. 341
LCO No. 1493 12 of 25
ARTICLE XI 342
The representatives from any member state may appoint and consult 343
with an advisory committee composed of persons interested in forest 344
fire protection. 345
The commission may appoint and consult with an advisory 346
committee of representatives of all affected groups, private and 347
governmental. 348
ARTICLE XII 349
The commission may accept any and all donations, gifts and grants 350
of money, equipment, supplies, materials and services from the federal 351
or any local government, or any agency thereof and from any person, 352
firm or corporation, for any of its purposes and functions under this 353
compact, and may receive and utilize the same subject to the terms, 354
conditions and regulations governing such donations, gifts and grants. 355
ARTICLE XIII 356
Nothing in this compact shall be construed to authorize or permit any 357
member state to curtail or diminish its forest fire fighting forces, 358
equipment, services or facilities, and it shall be the duty and 359
responsibility of each member state to maintain adequate forest fire 360
fighting forces and equipment to meet normal demands for forest fire 361
protection within its borders. 362
Nothing in this compact shall be construed to limit or restrict the 363
powers of any state ratifying the same to provide for the prevention, 364
control and extinguishment of forest fires, or to prohibit the enactment 365
or enforcement of state laws, rules or regulations intended to aid in such 366
prevention, control and extinguishment in such state. 367
Nothing in this compact shall be construed to affect any existing or 368
future cooperative relationship or arrangement between the United 369
States Forest Service and a member state or states. 370
LCO No. 1493 13 of 25
ARTICLE XIV 371
This compact shall continue in force and remain binding on each state 372
ratifying it until the legislature or the governor of such state takes action 373
to withdraw therefrom. Such action shall not be effective until six 374
months after notice thereof has been sent by the chief executive of the 375
state desiring to withdraw to the chief executives of all states then 376
parties to the compact. 377
Sec. 7. Section 23-65g of the general statutes is repealed and the 378
following is substituted in lieu thereof (Effective October 1, 2022): 379
(a) There is established a Forest Practices Advisory Board consisting 380
of the State Forester or [his] the State Forester's designee, and nine 381
public members [, six of whom shall be appointed one each by the 382
president pro tempore of the Senate, the majority leader of the Senate, 383
the minority leader of the Senate, the speaker of the House of 384
Representatives, the majority leader of the House of Representatives, 385
the minority leader of the House of Representatives and three of whom 386
shall be appointed by the Governor. The members appointed shall 387
include a professional forester in private practice, a representative of the 388
forest products industry, an officer of an environmental organization 389
headquartered within the state which is concerned primarily with 390
forests, a professor of forestry or natural resources from a college or 391
university within the state, an owner of not less than ten nor more than 392
two hundred fifty acres of forest land, a representative of an 393
environmental organization not primarily concerned with forests and a 394
member of an inland wetlands agency] appointed as follows: (1) Three 395
by the Governor, one of whom shall be an officer of an environmental 396
organization headquartered in the state that is concerned primarily with 397
forests, one of whom shall be a representative of an environmental 398
organization not primarily concerned with forests, and one of whom 399
shall be a member of an inland wetlands agency; (2) one appointed by 400
the speaker of the House of Representatives who shall be an owner of 401
not less than ten but not more than two hundred fifty acres of forest 402
land; (3) one appointed by president pro tempore of the Senate, who 403
LCO No. 1493 14 of 25
shall be a professional forester in private practice; (4) one appointed by 404
the majority leader of the House of Representatives, who shall be a 405
representative of the forest products industry; (5) one appointed by the 406
majority leader of the Senate who shall be a professor of forestry or 407
natural resources from a college or university in the state; (6) one 408
appointed by the minority leader of the House of Representatives who 409
shall be a member of the public; and (7) one appointed by the minority 410
leader of the Senate who shall be a member of the public. 411
(b) [The appointed members of the initial board shall be appointed so 412
that the terms of two members shall expire on December 31, 1993, the 413
terms of two members shall expire on December 31, 1994, the terms of 414
two members shall expire on December 31, 1995, and the term of one 415
member shall expire on December 31, 1996.Thereafter, each] Each 416
member shall be appointed for a term of four years. Vacancies on the 417
board shall be filled [in the same manner as the original appointments] 418
by the appointing authority, as provided in subsection (a) of this section. 419
Each member of the board shall serve until [his] such member's 420
successor is appointed provided the term of any member serving as of 421
October 1, 2022, shall expire on October 1, 2022. 422
(c) The State Forester or [his] the State Forester's designee shall serve 423
as chairman of the board. The board shall meet [at least] not less than 424
three times, annually, at such time and place as shall be designated by 425
the chairman, or upon the written request of a majority of the members 426
of the board. A majority of the members shall constitute a quorum for 427
the transaction of business. The principal office of the board shall be the 428
State Forester's office. 429
(d) Members of the board shall be entitled to reimbursement for 430
travel expenses incurred in the performance of their duties. 431
(e) The Forest Practices Advisory Board shall have the following 432
powers and duties: 433
(1) To periodically review applicable regulations concerning forest 434
practices or the certification of forest practitioners and to issue 435
LCO No. 1493 15 of 25
recommendations to the Commissioner of Energy and Environmental 436
Protection for changes to such regulations; 437
(2) To periodically review the programs and policies of the 438
department regarding forests, forest health and forest practices and to 439
issue recommendations to the commissioner for changes to such 440
programs and policies; and 441
(3) To provide advice and guidance to the commissioner regarding 442
the certification of technically proficient forest practitioners and the 443
revocation or suspension of such certification. 444
Sec. 8. Subsection (c) of section 23-65h of the general statutes is 445
repealed and the following is substituted in lieu thereof (Effective October 446
1, 2022): 447
(c) An application for the certification as a forest practitioner shall be 448
made to the Commissioner of Energy and Environmental Protection and 449
shall contain such information regarding the applicant's qualifications 450
and proposed operations and other relevant matters as the 451
commissioner deems necessary. 452
(1) The commissioner shall require the applicant for forester 453
certification to demonstrate, upon examination, that [he] the applicant 454
possesses adequate knowledge concerning the proper application of 455
forest management techniques, the ecological and environmental 456
consequences of harvesting activity and mitigating measures to be 457
employed to minimize possible adverse impacts on environmental 458
conditions within the harvest area. 459
(2) The commissioner shall require the applicant for supervising 460
forest products harvester certification to demonstrate, upon 461
examination, that [he] the applicant possesses adequate knowledge 462
concerning techniques and procedures normally employed in the 463
conduct and supervision of a harvest operation, the safe and 464
environmentally responsible operation of harvesting equipment, and 465
mitigating measures to be employed to minimize possible adverse 466
LCO No. 1493 16 of 25
impacts of harvesting activity on environmental conditions within the 467
harvest area. 468
(3) The commissioner shall require the applicant for forest products 469
harvester certification to demonstrate, upon examination, that [he] the 470
applicant possesses adequate knowledge concerning techniques and 471
procedures normally employed in the conduct of a harvest operation 472
and the safe and environmentally responsible operation of harvesting 473
equipment, except that an applicant who demonstrates to the 474
satisfaction of the commissioner that [he] the applicant has engaged in 475
commercial forest practices at least once per year for the ten years 476
immediately preceding October 1, 1991, shall be exempt from such 477
examination requirement. 478
(4) If the commissioner finds that the applicant is competent with 479
respect to the required qualifications, including those provided in 480
section 23-65o, [he] the commissioner shall certify the applicant to 481
perform such forest practices as appropriate to the requested 482
certification. The certification shall be valid for a period not to exceed 483
five years and may be renewed by the commissioner with or without 484
further examination. The commissioner may establish regulations for 485
forest practitioner certification so that one-fifth of the certificates expire 486
each year. The commissioner may certify a forest practitioner for less 487
than five years and prorate the registration fee accordingly to 488
implement the regulations established pursuant to this subsection. The 489
commissioner may grant a sixty-day extension for any forest 490
practitioner who failed to submit a complete application for renewal 491
prior to the expiration date of such forest practitioner's certification. 492
Such forest practitioner shall submit a complete application for renewal 493
not later than the end date of such sixty-day extension period. Any such 494
renewed certification issued by the commissioner following such a 495
sixty-day extension period shall not require reexamination by such 496
forest practitioner prior to such issuance but shall require the 497
submission of an additional fee, as determined by the commissioner. 498
(5) If the commissioner finds that the applicant is not competent with 499
LCO No. 1493 17 of 25
respect to the requirements for the requested certification, the 500
commissioner shall refuse to issue the applicant a certificate. The 501
commissioner shall inform the applicant of the refusal in writing, giving 502
the reasons for such refusal. Any person aggrieved by such refusal may, 503
within thirty days from date of issuance of such denial, request a 504
hearing before the commissioner, which hearing shall be conducted in 505
accordance with chapter 54. 506
(6) The commissioner may certify without examination any person 507
who is certified in another state under a law which provides 508
substantially similar qualifications for certification [and which grants 509
similar privileges of certification without examination to residents of 510
this state certified under the provisions of this section] or through 511
examination by the Society of American Foresters, or a similar 512
organization, that provides substantially similar qualifications for 513
certification provided such person can demonstrate knowledge of the 514
forestry laws of this state to the commissioner's satisfaction. 515
(7) The commissioner may, by regulation, adopted in accordance 516
with the provisions of chapter 54, prescribe fees for applicants to defray 517
the cost of administering examinations and carrying out the provisions 518
of this chapter. A state or municipal employee who engages in activities 519
for which certification is required by this section solely as part of his 520
employment shall be exempt from payment of a fee. Any certificate 521
issued to a state or municipal employee for which a fee has not been 522
paid shall be void upon termination of such government employment. 523
(8) The commissioner may require the display of a decal or other 524
evidence, indicating that a commercial forest practitioner has met the 525
requirements of sections 23-65f to 23-65o, inclusive, in a prominent place 526
on any licensed motor vehicle used in the practitioner's operations. A 527
fee may be charged to the certified practitioner to cover the cost of the 528
decal or other evidence. 529
(9) The commissioner shall require all forest practitioners certified 530
under sections 23-65f to 23-65o, inclusive, to participate [biennially] in a 531
relevant program of professional education to improve or maintain 532
LCO No. 1493 18 of 25
professional forestry skills that is sponsored by the Department of 533
Energy and Environmental Protection, the New England Society of 534
American Foresters, The University of Connecticut, Yale University or 535
the Connecticut cooperative extension system, or participation in 536
another program approved by the department. Participation in such 537
professional education shall occur during the recertification cycle and 538
be in accordance with the prescribed schedule set forth in regulations 539
adopted pursuant to sections 23-65f to 23-65o, inclusive. 540
Sec. 9. Section 23-65i of the general statutes is repealed and the 541
following is substituted in lieu thereof (Effective October 1, 2022): 542
(a) Each certified forester, except any state employee who engages in 543
activities regulated by sections 23-65f to 23-65o, inclusive, solely as part 544
of his employment, shall submit an annual report to the Commissioner 545
of Energy and Environmental Protection on or before June first of each 546
year in a form prescribed by the commissioner. Such report shall 547
include, but not be limited to, the following information: 548
(1) The number of forest management plans completed and acres 549
covered by said plans; 550
(2) The number and type of timber stand improvements completed 551
and acres so improved; 552
(3) The number of acres planted in reforestation, afforestation and in 553
Christmas tree plantations; 554
(4) The number of commercial forest product sales, the total number 555
of acres harvested in such sales, the type and total volumes of products 556
generated by such sales and total annual expenditure for the purchase 557
of such sales; 558
(5) [Evidence] Attestation of [biennial] participation in a relevant 559
program of professional education to improve or maintain professional 560
forestry skills that is sponsored by the Department of Energy and 561
Environmental Protection, the New England Society of American 562
Foresters, The University of Connecticut, Yale University or the 563
LCO No. 1493 19 of 25
Connecticut cooperative extension system, or participation in another 564
program approved by the department, provided proof of such 565
participation shall be furnished to the commissioner upon request and 566
be in accordance with the prescribed schedule set forth in regulations 567
adopted pursuant to sections 23-65f to 23-65o, inclusive; and 568
(6) Other information which the commissioner deems necessary. 569
(b) Each certified supervising forest products harvester shall be 570
required to submit an annual report to the Commissioner of Energy and 571
Environmental Protection on or before June first of each year in a form 572
prescribed by the commissioner. Such report shall include, but not be 573
limited to, the following information: 574
(1) The number of commercial forest product sales harvested, and the 575
type and total volumes of products generated by such sales; 576
(2) [Evidence] Attestation of [biennial] participation in a relevant 577
program of professional education to improve or maintain forest 578
products harvesting skills that is sponsored by the Department of 579
Energy and Environmental Protection, the New England Society of 580
American Foresters, the University of Connecticut, Yale University, the 581
Connecticut cooperative extension system or is otherwise approved by 582
the department, provided proof of such participation shall be furnished 583
to the commissioner upon request and be in accordance with the 584
prescribed schedule set forth in regulations adopted pursuant to 585
sections 23-65f to 23-65o, inclusive; and 586
(3) Other information which the commissioner deems necessary. 587
(c) All certified forest products harvesters shall be required to submit 588
to the Commissioner of Energy and Environmental Protection, on or 589
before June first of each year, annual reports in a form prescribed by the 590
commissioner. Such reports shall include, but not be limited to, the 591
following information: 592
(1) [Evidence] Attestation of [biennial] participation in a relevant 593
program of professional education to improve or maintain forest 594
LCO No. 1493 20 of 25
products harvesting skills that is sponsored by the Department of 595
Energy and Environmental Protection, the New England Society of 596
American Foresters, The University of Connecticut, Yale University, the 597
Connecticut cooperative extension system or is otherwise approved by 598
the department, provided proof of such participation shall be furnished 599
to the commissioner upon request and be in accordance with the 600
prescribed schedule set forth in regulations adopted pursuant to 601
sections 23-65f to 23-65o, inclusive; and 602
(2) Other information the commissioner deems necessary. 603
Sec. 10. Subsection (f) of section 22a-54 of the general statutes is 604
repealed and the following is substituted in lieu thereof (Effective from 605
passage): 606
(f) (1) The commissioner may by regulation adopted in accordance 607
with the provisions of chapter 54 prescribe fees for applicants to defray 608
the cost of administering examinations and assisting in carrying out the 609
purposes of section 22a-451, except the fees for certification and renewal 610
of a certification shall be as follows: [(1)] (A) For supervisory 611
certification as a commercial applicator, two hundred eighty-five 612
dollars; [(2)] (B) for operational certification as a commercial applicator, 613
eighty dollars; [,] and [(3)] (C) for certification as a private applicator, 614
one hundred dollars. A federal, state or municipal employee who 615
applies pesticides solely as part of his employment shall be exempt from 616
payment of a fee. Any certificate issued to a federal, state or municipal 617
employee for which a fee has not been paid shall be void if the holder 618
leaves government employment. The fees collected in accordance with 619
this section shall be deposited in the General Fund. 620
(2) Not less than sixty days before the date of expiration of a 621
certification, the commissioner shall provide notice of expiration and a 622
renewal application to each holder of a certification. If a signed renewal 623
application accompanied by the applicable renewal fee is not received 624
by the commissioner on or before midnight of the expiration date, or if 625
the expiration date is a Saturday, Sunday or a legal holiday, on or before 626
midnight of the next business day, the certification shall automatically 627
LCO No. 1493 21 of 25
lapse. Failure of a holder of a certification to receive a notice of 628
expiration and renewal application shall not prevent a lapse of a 629
certification. 630
(3) The commissioner may renew any certification issued pursuant to 631
this section for the holder of a certification that has lapsed less than one 632
year, provided the holder of such certification submits to the 633
commissioner a signed renewal application, payment of the applicable 634
renewal fee and any late fee. Such late fee shall be calculated as follows: 635
Beginning on the first day that such certification lapses, ten per cent of 636
the applicable renewal fee plus one and one-quarter per cent per month, 637
or part thereof, for a period not to exceed one year. Any holder of a 638
certification that has lapsed one year or more shall be examined in 639
accordance with the requirements of this section and any regulation 640
adopted pursuant to the provisions of this section. 641
Sec. 11. Subsection (g) of section 22a-50 of the general statutes is 642
repealed and the following is substituted in lieu thereof (Effective January 643
1, 2023): 644
(g) The registrant shall pay a fee of [nine hundred forty dollars] one 645
hundred eighty-eight dollars per calendar year, or any portion thereof, 646
for each pesticide registered and for each renewal of a registration. [A 647
registration shall expire after five years.] The commissioner may register 648
a pesticide for a period of one year or a period of five years. For such 649
five-year registrations, the commissioner shall establish regulations to 650
phase in pesticide registration so that one fifth of the pesticides 651
registered expire each year. The commissioner may register a pesticide 652
for less than five years and prorate the registration fee accordingly to 653
implement the regulations established pursuant to this subsection. The 654
fees collected in accordance with this section shall be deposited in the 655
General Fund. There shall be no refund of a registration fee if a product 656
is voluntarily withdrawn or cancelled before the end of its registration 657
period. 658
Sec. 12. Section 22a-6f of the general statutes is amended by adding 659
subsection (h) as follows (Effective October 1, 2022): 660
LCO No. 1493 22 of 25
(NEW) (h) Unless otherwise specified in a general permit issued on 661
or after October 1, 2022, any person or municipality authorized to 662
engage in a regulated activity covered by a general permit pursuant to 663
any provision of this title shall pay an annual fee as follows: (1) If the 664
person or municipality engaged in the regulated activity is required to 665
register with the Department of Energy and Environmental Protection 666
and obtain approval of the registration before the activity is authorized, 667
such annual fee shall be two hundred dollars; or (2) if the person or 668
municipality that intends to engage in the activity is only required to 669
register with the department before the activity is authorized, such 670
annual fee shall be one hundred dollars. No annual fee for a general 671
permit issued on or after October 1, 2022, shall exceed one thousand 672
dollars. 673
Sec. 13. Section 22a-152 of the 2022 supplement to the general statutes 674
is repealed and the following is substituted in lieu thereof (Effective 675
October 1, 2022): 676
The Governor, on behalf of this state, is authorized to enter into 677
agreements with the [government of the United States] United States 678
Nuclear Regulatory Commission providing for [relinquishment] 679
discontinuance of certain of the programs of the government of the 680
United States with respect to sources of ionizing radiation and the 681
assumption thereof by this state, as provided for in the Atomic Energy 682
Act of 1954, as amended. 683
Sec. 14. Section 22a-153 of the general statutes is amended by adding 684
subsection (g) as follows (Effective from passage): 685
(g) This section shall not be construed to confer authority to regulate 686
materials or activities reserved to the United States Nuclear Regulatory 687
Commission under 42 USC 2021(c) and 10 CFR Part 150. 688
Sec. 15. Section 22a-154 of the general statutes is amended by adding 689
subsection (d) as follows (Effective from passage): 690
(d) Any person that has a license prior to the effective date of an 691
LCO No. 1493 23 of 25
agreement pursuant to section 22a-152, as amended by this act, from the 692
federal government or agreement state relating to by-product material, 693
source material or special nuclear material and which license will be 694
subject to the control of this state upon the effective date of such 695
agreement, shall be considered to have a like license with this state until 696
the expiration date specified in such license from the federal 697
government or agreement state or until the end of the ninetieth day after 698
such person receives notice from the Department of Energy and 699
Environmental Protection that such license will be deemed expired. 700
Sec. 16. Section 16a-102 of the general statutes is amended by adding 701
subsection (d) as follows (Effective from passage): 702
(e) The commissioner may enter into any agreement with the United 703
States Nuclear Regulatory Commission pursuant to Section 274i of the 704
Atomic Energy Act of 1954, as amended, or any other federal 705
government agency, state or interstate agency for the state to perform 706
on a cooperative basis with such commission, other federal government 707
agency, state or interstate agency, as applicable, inspections or other 708
functions relating to the control of sources of radiation. 709
Sec. 17. Subdivisions (1) and (2) of subsection (a) of section 22a-6b of 710
the general statutes are repealed and the following is substituted in lieu 711
thereof (Effective from passage): 712
(1) For failure to file any registration, other than a registration for a 713
general permit, for failure to file any plan, report or record, or any 714
application for a permit, for failure to obtain any certification, for failure 715
to display any registration, permit or order, or file any other information 716
required pursuant to any provision of section 14-100b or 14-164c, 717
subdivision (3) of subsection (b) of section 15-121, section 15-171, 15-172, 718
15-175, 22a-5, 22a-6, 22a-7, 22a-32, 22a-39 or 22a-42a, 22a-45a, chapter 719
441, sections 22a-134 to 22a-134d, inclusive, subsection (b) of section 22a-720
134p, sections 22a-148 to 22a-162a, inclusive, section 22a-171, 22a-174, 721
as amended by this act, 22a-175, 22a-177, 22a-178, 22a-181, 22a-183, 22a-722
184, 22a-208, 22a-208a, 22a-209, 22a-213, 22a-220, 22a-231, 22a-245a, 22a-723
336, 22a-342, 22a-345, 22a-346, 22a-347, 22a-349a, 22a-354p, 22a-358, 22a-724
LCO No. 1493 24 of 25
359, 22a-361, 22a-362, 22a-368, 22a-401 to 22a-405, inclusive, 22a-411, 725
22a-411a, 22a-416, as amended by this act, 22a-417, 22a-424 to 22a-433, 726
inclusive, 22a-447, 22a-449, 22a-450, 22a-451, 22a-454, 22a-458, 22a-461, 727
22a-462 or 22a-471, or any regulation, order or permit adopted or issued 728
thereunder by the commissioner, and for other violations of similar 729
character as set forth in such schedule or schedules, no more than one 730
thousand dollars for said violation and in addition no more than one 731
hundred dollars for each day during which such violation continues; 732
(2) For deposit, placement, removal, disposal, discharge or emission 733
of any material or substance or electromagnetic radiation or the causing 734
of, engaging in or maintaining of any condition or activity in violation 735
of any provision of section 14-100b or 14-164c, subdivision (3) of 736
subsection (b) of section 15-121, section 15-171, 15-172, 15-175, 22a-5, 737
22a-6, 22a-7, 22a-32, 22a-39 or 22a-42a, 22a-45a, chapter 441, sections 22a-738
134 to 22a-134d, inclusive, section 22a-69 or 22a-74, subsection (b) of 739
section 22a-134p, sections 22a-148 to 22a-162a, inclusive, section 22a-162, 740
22a-171, 22a-174, as amended by this act, 22a-175, 22a-177, 22a-178, 22a-741
181, 22a-183, 22a-184, 22a-190, 22a-208, 22a-208a, 22a-209, 22a-213, 22a-742
220, 22a-336, 22a-342, 22a-345, 22a-346, 22a-347, 22a-349a, 22a-354p, 22a-743
358, 22a-359, 22a-361, 22a-362, 22a-368, 22a-401 to 22a-405, inclusive, 744
22a-411, 22a-411a, 22a-416, as amended by this act, 22a-417, 22a-424 to 745
22a-433, inclusive, 22a-447, 22a-449, 22a-450, 22a-451, 22a-454, 22a-458, 746
22a-461, 22a-462 or 22a-471, or any regulation, order or permit adopted 747
thereunder by the commissioner, and for other violations of similar 748
character as set forth in such schedule or schedules, no more than 749
twenty-five thousand dollars for said violation for each day during 750
which such violation continues; 751
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 22a-416(d)
Sec. 2 from passage 22-11h(c)
Sec. 3 from passage 22a-73(c)
Sec. 4 from passage 22a-174(c)
Sec. 5 from passage 23-37(d)
LCO No. 1493 25 of 25
Sec. 6 from passage 23-53
Sec. 7 October 1, 2022 23-65g
Sec. 8 October 1, 2022 23-65h(c)
Sec. 9 October 1, 2022 23-65i
Sec. 10 from passage 22a-54(f)
Sec. 11 January 1, 2023 22a-50(g)
Sec. 12 October 1, 2022 22a-6f
Sec. 13 October 1, 2022 22a-152
Sec. 14 from passage 22a-153
Sec. 15 from passage 22a-154
Sec. 16 from passage 16a-102
Sec. 17 from passage 22a-6b(a)(1) and (2)
Statement of Purpose:
To make revisions to various programs administered by the Department
of Energy and Environmental Protection.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]