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OLR Bill Analysis
sSB 238
AN ACT CONCERNING REVISIONS TO CERTAIN ENVIRONMENT
RELATED STATUTES.
SUMMARY
This bill makes the following changes to environment-related
statutes:
1. eliminates the Department of Energy and Environmental
Protection (DEEP) commissioner’s role in approving municipal
noise ordinances (§ 3);
2. allows Connecticut to exchange forest fire protection and control
resources with states beyond New England and New York (§ 6);
3. authorizes the commissioner to (a) grant a 60-day extension to
renew a commercial forest practitioner certification and (b)
certify additional forest practitioners without examination (§ 8);
4. changes the continuing education requirements and associated
reporting requirements for forest practitioners (§§ 8 & 9);
5. requires the commissioner to notify certified pesticide
applicators about an upcoming certification expiration (§ 10);
6. authorizes the commissioner to renew certifications for pesticide
applicators whose certifications have lapsed for less than one
year without reexamination, but with payment of a late fee (§ 10);
7. authorizes the commissioner to register pesticides either on an
annual basis or, as under current law, for five-year periods (§ 11);
8. prohibits registration fee refunds for pesticide products that are
voluntarily withdrawn or cancelled before the registration period
ends (§ 11); 2022SB-00238-R000350-BA.DOCX
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9. limits the examination requirement for class III and IV
wastewater treatment plant operator certification applicants to
the standardized national examination (§ 1);
10. as part of Connecticut’s shift to “agreement state status” with the
U.S. Nuclear Regulatory Commission (NRC), (a) allows the
commissioner to enter into agreements with NRC and certain
other governmental agencies for inspections or other radiation
control functions and (b) specifies that existing licenses that will
become subject to state oversight will have a like-license until
their expiration (§§ 14 & 15);
11. applies existing penalties for failing to file registrations or certain
documents or disposing of, discharging, or demitting material or
electromagnetic radiation to violations of the state’s radiation
and radiation materials laws (§ 16);
12. exempts certain aquaculture structures in tidal, coastal, or
navigable waters from a DEEP permitting requirement (§ 2); and
13. authorizes the commissioner to require air pollution sources that
are permitted under federal law (i.e., Title V of the Clean Air Act
Amendments of 1990) to comply with applicable federal
standards for incineration (40 C.F.R. Part 62), which have already
been incorporated into state air regulations (Conn. Agencies
Regs. § 22a-174-1 et seq.) (§ 4)).
Lastly, the bill makes technical and conforming changes, and a minor
change to clarify that the state’s forest fire warden has the authority to
supplement state forest fire control personnel with specially trained
temporary emergency workers to help fight a forest fire in a state with
which Connecticut has agreed to provide reciprocal aid, rather than
only for in-state fires (§ 5).
EFFECTIVE DATE: Upon passage, except technical changes to a
radiation statute and the provisions on the Forest Practice Advisory
Board and forest practitioner certification take effect October 1, 2021,
and the pesticide registration provision takes effect January 1, 2023. 2022SB-00238-R000350-BA.DOCX
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§ 3 — NOISE REGULATION
By law, municipalities may adopt and enforce a noise control
ordinance that includes certain elements set in statute, including noise
levels and implementation procedures. Current law requires (1) that an
ordinance conform to applicable federal and state noise standards or
regulations (e.g., Conn. Agencies Regs. § 22a-69-1 et seq.) and (2) the
commissioner’s approval before the ordinance can take effect.
The bill (1) eliminates the commissioner’s approval requirement and
(2) requires municipal noise ordinances to be at least as stringent as
applicable federal and state noise standards or regulations.
§§ 6-9 — FOREST PRACTICES
Interstate Forest Fire Resources (§ 6)
The bill expands the applicability of the Northeastern Interstate
Forest Fire Protection Compact’s interstate aid provisions by allowing
aid to or from any state that belongs to a regional forest fire protection
compact, if that state’s legislature agrees to the provisions. In doing so,
it allows Connecticut to exchange forest fire protection and control
resources with up to 43 other states, instead of only member states.
(Members of the northeastern compact include the New England states
and New York.)
By law, the compact’s interstate aid provisions seek to help control,
fight, or prevent forest fires and address issues such as the powers and
rights of responding forces, liability, and repayment for services.
Forest Practices Advisory Board (§ 7)
By law, the Forest Practices Advisory Board consists of the state
forester, who also serves as the board’s chair, and nine members
appointed by the governor and legislative leaders.
The bill (1) allows the state forester to designate someone to serve in
his place on the board and (2) designates qualifications to the board’s
appointed members, as shown in Table 1, below. Current law provides
qualifications, generally, for six appointments; it does not specify the
qualifications for each appointment. Under the bill, the current board 2022SB-00238-R000350-BA.DOCX
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member’s terms expire on October 1, 2022.
Table 1: Forest Practices Advisory Board Member Qualifications
Appointing Authority Designated qualifications
Governor • an officer of an environmental organization
headquartered in Connecticut that is concerned mainly
with forests*
• a representative of an environmental organization not
mainly concerned with forests*
• an inland wetlands agency member*
House Speaker • an owner of at least 10, but no more than 250, forest
land acres*
Senate President Pro Tempore • a professional forester in private practice*
House Majority Leader • a forest products industry representative
Senate Majority Leader • a professor of forestry or natural resources from a
college or university in Connecticut*
House Minority Leader • a member of the public
Senate Minority Leader • a member of the public
*denotes a qualification generally listed in current law
By law, the advisory council’s responsibilities are (1) reviewing and
recommending changes to regulations on forest practices or certifying
forest practitioners; (2) reviewing and recommending changes to
DEEP’s programs and policies about forests, forest health, and forest
practices; and (3) advising the DEEP commissioner about certifying
technically proficient forest practitioners and revoking or suspending
certifications.
Forest Practitioner Certification and Continuing Education (§§ 8 &
9)
60-Day Extension for Renewals. The bill allows the DEEP
commissioner to grant a certified forest practitioner a 60-day extension
to submit a renewal application if he or she did not do so before the
certification expired. A practitioner granted an extension must (1)
submit a complete application within the 60-day period and (2) pay a
fee the commissioner sets in addition to the $235 renewal fee (Conn.
Agencies Regs. § 23-65h-1(r)). The bill specifies that the practitioner is
not required to retake the certification examination. 2022SB-00238-R000350-BA.DOCX
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By law, there are three classifications of certified forest practitioners:
forester, supervising forest products harvester, and forest products
harvester. Certifications must be renewed every four years (Conn.
Agencies Regs. § 23-65h-1(k)).
Alternative Certification. The bill allows the DEEP commissioner to
certify a forest practitioner without examination if he or she is certified
through an examination given by the Society of American Foresters or a
similar organization. The commissioner may do this only if the (1)
organization’s certification qualifications are substantially similar to
Connecticut’s and (2) practitioner can show knowledge of Connecticut’s
forestry laws to the commissioner’s satisfaction.
The law already allows the commissioner to certify forest
practitioners without examination if they are certified in another state
with substantially similar certification qualifications and that state
grants similar privileges to Connecticut residents.
Continuing Education. By law, certified forest practitioners must
participate in continuing education programs to improve or maintain
their professional forestry skills. Existing regulations provide that these
practitioners must obtain continuing education credits, ranging from six
to 12 credits depending on the certification involved, to renew their
credential every four years (Conn. Agencies Regs. § 23-65h-1(k) & (q)).
The bill eliminates a requirement that practitioners participate in
continuing education programs on a biennial basis, thus allowing them
to fulfill their education requirements at any time during the four-year
term. It requires practitioners to meet these requirements according to a
schedule to be set out in regulations.
The bill also requires the practitioners to attest to, rather than provide
evidence of, their participation in continuing education programs as
part of their annual forest practice activity reports to DEEP. But, if the
DEEP commissioner requests it, practitioners must provide proof of
program participation, in keeping with the regulations’ set schedule.
§ 10 — PESTICIDE APPLICATOR CERTIFICATION RENEWAL 2022SB-00238-R000350-BA.DOCX
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Notice and Certification Lapse
The bill requires the DEEP commissioner to provide a certified
pesticide applicator, at least 60 days before his or her certification
expires, notice of the upcoming expiration and a renewal application.
Under the bill, a certification lapses if the commissioner does not
receive a signed renewal application with the applicable renewal fee by
midnight on the expiration date or midnight on the next business day if
the expiration date is on a weekend or legal holiday. But failing to
receive the notice and application from DEEP does not prevent a
certification’s lapse.
Renewal Without Reexamination
The bill allows the DEEP commissioner to renew a pesticide
applicator’s certification that has lapsed for less than one year if the
applicator (1) submits a signed renewal application and (2) pays both
the renewal fee and any late fee. By law, renewal fees range from $80 to
$285, depending on the certification level. Under the bill, the late fee is
equal to 10% of the renewal fee, plus 1.25% per month or part of a
month, dating from when the certification lapsed.
Under the bill, anyone whose certification lapses for one year or more
must retake the examination. By law, pesticide applicator certifications
are valid for five years.
§ 1 — WASTEWATER TREATMENT PLANT OPERATOR
CERTIFICATION
The bill limits the exam requirement for class III and class IV
wastewater treatment plant operator certification applicants to the
standardized national exam prepared by the Association of Boards of
Certification for Wastewater Treatment Facility Operators. Current law
requires them to also pass additional questions from the DEEP
commissioner. The bill also allows the commissioner to designate an
agent to administer and proctor the exam.
The bill authorizes the commissioner to adopt regulations on
wastewater treatment plant operators’ certification, application, 2022SB-00238-R000350-BA.DOCX
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renewal, and continuing education requirements. Current law allows
her to adopt regulations on a regular state-certified training course for
operators. The bill also requires the commissioner or her designated
agent, in consultation with the state’s operator certification advisory
board, to approve continuing education and associated courses. The
board advises and assists with administering the certification program
(Conn. Agencies Regs. § 22a-416-10).
§§ 12-16 — RADIATION REGULATION
PA 21-2, June Special Session, §§ 40-50, requires the DEEP
commissioner to adopt regulations to secure “agreement state status”
with the NRC. This status authorizes states to assume NRC
responsibility for regulating and licensing byproduct material
(radioisotopes), source materials (uranium and thorium), and certain
amounts of special nuclear materials. (NRC remains responsible for
regulating nuclear power plants; uses of nuclear material, such as in
nuclear medicine; and nuclear waste.)
The bill makes several minor and technical changes to carry out the
state’s shift to agreement state status and obtain additional oversight of
radiation and radioactive materials. Among these changes, the bill:
1. specifies that NRC keeps regulatory oversight over certain
materials and activities that federal law and regulations reserves
to it (e.g., operation of uranium enrichment facilities; import or
export of byproduct, sources, or special nuclear materials;
disposing of certain products in the ocean; and storing spent fuel
and radioactive waste);
2. requires the licenses (either with NRC or with another agreement
state) in existence before the effective date of Connecticut’s
agreement with NRC to be like-licenses with Connecticut until
(a) the license’s expiration date or (b) 90 days after the licensee is
notified by DEEP that the license will be expired; and
3. allows the DEEP commissioner to enter into any agreement with
NRC or any other federal governmental agency, state, or 2022SB-00238-R000350-BA.DOCX
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interstate agency for the state to perform inspections or other
radiation sources control functions.
The bill applies to the state’s radiation and radioactive materials law
(or a regulation, order, or permit adopted under it), the penalties under
existing law for failing to (1) file a required registration (other than a
general permit), plan, report, record, permit application, or other
document; (2) obtain a certification; or (3) display a registration, permit,
or order. The penalty is a fine of up to $1,000 for a violation, plus up to
$100 for each day that the violation continues.
The bill similarly applies to this law (and associated regulations,
orders, or permits) existing law’s penalties for (1) depositing, placing,
removing, disposing, discharging, or emitting any material, substance,
or electromagnetic radiation or (2) causing, engaging in, or maintaining
a condition or activity that violates certain specified statutes. The
penalty for these violations is up to a $25,000 fine for each day a violation
continues.
Existing law, unchanged by the bill, imposes criminal penalties (fines,
imprisonment, or both) for criminally negligent violations of the
radiation and radioactive materials law and knowingly making false
statements in associated documents.
§ 2 — AQUACULTURE STRUCTURES
Existing law requires a DEEP certificate or permit in order to conduct
certain work, including erecting and maintaining structures, in the
state’s tidal, coastal, or navigable waters, waterward of the coastal
jurisdiction line.
The bill exempts from this permitting requirement individual
structures used for aquaculture in leased or designated shellfish areas
that (1) have a federal Army Corps of Engineers permit and (2) do not
interfere with navigation in designated or customary boating or
shipping areas. It eliminates current law’s exemption for the structures
that do not need an Army Corps permit and are in these areas.
Aquaculture includes the controlled rearing, cultivation, and harvest 2022SB-00238-R000350-BA.DOCX
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of aquatic plants and animals. Aquaculture structures include things
like racks, cages, bags, and buoys.
COMMITTEE ACTION
Environment Committee
Joint Favorable Substitute
Yea 31 Nay 0 (03/21/2022)