O F F I C E O F L E G I S L A T I V E R E S E A R C H
P U B L I C A C T S U M M A R Y
Page 1
PA 22-143—sSB 238
Environment Committee
Judiciary Committee
AN ACT CONCERNING RE VISIONS TO CERTAIN E NVIRONMENT
RELATED STATUTES
TABLE OF CONTENTS:
§ 1 — WASTEWATER TRE ATMENT PLANT OPERATO R CERTIFICATION
Limits the exam requirement for class III and IV wastewater treatment plant operator certification
applicants to a national standardized exam; expands the DEEP commissioner’s authority to adopt
regulations on operator certification and continuing education; requires the commissioner or her
designated agent to approve continuing education in consultation with the operator certification
advisory board
§ 2 — AQUACULTURE STRUCTURES
Exempts certain aquaculture structures in tidal, coastal, or navigable waters from a DEEP
permitting requirement
§ 3 — NOISE REGULATION
Eliminates the DEEP commissioner’s role in approving municipal noise ordinances
§ 4 — STATIONARY AIR POLLUTION SOURCE REGULATION
Authorizes the DEEP commissioner to require air pollution sources that are permitted under federal
law to comply with applicable federal incineration standards that have been incorporated into state
regulations
§§ 5 & 6 — INTERSTATE FOREST FIRE RESOURCES
Clarifies that the state’s forest fire warden may supplement forest fire control personnel with
temporary emergency workers to help fight fires in other states and allows Connecticut to exchange
forest fire protection and control resources with states beyond New England and New York
§ 7 — FOREST PRACTICES ADVISORY BOARD
Designates qualifications for appointed members of the Forest Practices Advisory Board
§§ 8 & 9 — FOREST PRACTITIONER CERTIFICATION AND CONTINUING
EDUCATION
Authorizes the DEEP commissioner to grant a 60-day extension to renew a commercial forest
practitioner certification and certify additional forest practitioners without examination; changes
continuing education and associated reporting requirements for forest practitioners
§ 10 — PESTICIDE APPLICATOR CERTIFICATION RENEWAL O L R P U B L I C A C T S U M M A R Y
Page 2 of 9
Requires the DEEP commissioner to notify certified pesticide applicators at least 60 days before
their certifications lapse and provides a one-year window to renew a certification without
reexamination
§ 11 — PESTICIDE REGISTRATION
Allows pesticides to be registered annually instead of every five years
§§ 12-16 — RADIATION REGULATION
As part of Connecticut’s shift to “agreement state status” with the U.S. Nuclear Regulatory
Commission, (1) allows the DEEP commissioner to enter into agreements with NRC and certain
other governmental agencies for inspections or other radiation control functions, (2) specifies that
existing licenses that will become subject to state oversight will have a like-license until their
expiration, and (3) makes associated technical and conforming changes
§ 17 — STATE PARK HAZARDOUS TREE MAINTEN ANCE
Requires the DEEP commissioner to complete and publish a hazardous tree mitigation policy that
applies to state parks and campgrounds and report on tree replanting strategies for removed
hazardous trees; requires DEEP to implement a tree replanting demonstration project at
Housatonic Meadows State Park
§ 18 — PA 490 PROGRAM: MARITIME HERITAGE LAND
Limits when waterfront property owned by shellstock shippers is eligible for the PA 490 program
§ 19 — NIPS SURCHARGE REMITTANCE
Extends the deadline by which alcohol wholesalers must remit the five-cent nip surcharge to
municipalities
SUMMARY: This act makes various changes in environment-related statutes, such
as those on wastewater treatment plant operator certification, noise control
ordinances, air emission regulation, forest fire resources, forestry practitioner
certification, pesticide applicator licensure and product registration, radiation and
radioactive material, and state park tree maintenance.
EFFECTIVE DATE: Upon passage, except as noted below.
§ 1 — WASTEWATER TREATMENT PLANT OP ERATOR CERTIFICATION
Limits the exam requirement for class III and IV wastewater treatment plant operator certification
applicants to a national standardized exam; expands the DEEP commissioner’s authority to adopt
regulations on operator certification and continuing education; requires the commissioner or her
designated agent to approve continuing education in consultation with the operator certification
advisory board
The act 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. Under prior law, the exam included additional questions from
the Department of Energy and Environmental Protection (DEEP) commissioner.
The act also allows the commissioner to designate an agent to administer and O L R P U B L I C A C T S U M M A R Y
Page 3 of 9
proctor the exam.
The act authorizes the commissioner to adopt regulations on wastewater
treatment plant operators’ certification, application, renewal, and continuing
education requirements. Prior law allowed her to adopt regulations on a regular
state-certified training course for operators. The act 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 helps to administer the certification program (Conn. Agencies Regs. §
22a-416-10).
§ 2 — AQUACULTURE STRUCTURES
Exempts certain aquaculture structures in tidal, coastal, or navigable waters from a DEEP
permitting requirement
By law, a DEEP certificate or permit is generally needed 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 act 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 prior law’s exemption for the
structures in these areas that do not need an Army Corps permit.
Aquaculture includes the controlled rearing, cultivation, and harvest of aquatic
plants and animals. Aquaculture structures include things like racks, cages, bags,
and buoys.
§ 3 — NOISE REGULATION
Eliminates the DEEP commissioner’s role in approving municipal noise ordinances
By law, municipalities may adopt and enforce a noise control ordinance that
includes certain elements set in statute, including noise levels and implementation
procedures. Prior law required (1) the commissioner’s approval before a noise
control ordinance could take effect and (2) the ordinance to conform to applicable
federal and state noise standards or regulations (e.g., Conn. Agencies Regs. § 22a-
69-1 et seq.). The act (1) eliminates the commissioner’s approval requirement and
(2) specifically requires the ordinances to be at least as stringent as applicable
federal and state noise standards or regulations.
§ 4 — STATIONARY AIR POLLUTION SOURCE REGULATION
Authorizes the DEEP commissioner to require air pollution sources that are permitted under
federal law to comply with applicable federal incineration standards that have been incorporated
into state regulations
The act authorizes the DEEP commissioner to require air pollution sources that O L R P U B L I C A C T S U M M A R Y
Page 4 of 9
are permitted under federal law (i.e., Title V of the Clean Air Act Amendments of
1990) to comply with applicable federal incineration standards (40 C.F.R. Part 62),
which have already been incorporated into state air regulations (Conn. Agencies
Regs. § 22a-174-1 et seq.).
§§ 5 & 6 — INTERSTATE FOREST FIRE RESOURCES
Clarifies that the state’s forest fire warden may supplement forest fire control personnel with
temporary emergency workers to help fight fires in other states and allows Connecticut to
exchange forest fire protection and control resources with states beyond New England and New
York
The act makes a minor change to clarify that the state’s forest fire warden may
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).
The act also 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 (§ 6). 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.
§ 7 — FOREST PRACTICES ADVISORY BOARD
Designates qualifications for appointed members of the Forest Practices Advisory Board
By law, the Forest Practices Advisory Board consists of the state forester or his
designee, who also serves as the board’s chair, and nine members appointed by the
governor and legislative leaders.
The act designates qualifications to the board’s appointed members, as shown
in the table below. Prior law provided qualifications, generally, for six
appointments; it did not specify the qualifications for each appointment.
Forest Practices Advisory Board Member Qualifications
Appointing Authority Designated qualifications
Governor • Officer of an environmental organization
headquartered in Connecticut that is concerned mainly
with forests*
• Representative of an environmental organization not
mainly concerned with forests*
• Inland wetlands agency member* O L R P U B L I C A C T S U M M A R Y
Page 5 of 9
Appointing Authority Designated qualifications
House speaker • Owner of at least 10, but no more than 250, forest
land acres*
Senate president pro tempore • Professional forester in private practice*
House majority leader • Forest products industry representative*
Senate majority leader • Professor of forestry or natural resources from a
college or university in Connecticut*
House minority leader • Member of the public
Senate minority leader • Member of the public
*Denotes a qualification generally listed in prior law
Under the act, the current board member’s terms expire on October 1, 2022,
and the new members serve four-year terms. Members served four-year, staggered
terms under prior 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.
EFFECTIVE DATE: October 1, 2022
§§ 8 & 9 — FOREST PRACTITIONER CERTIFICATION AND CONTINUING
EDUCATION
Authorizes the DEEP commissioner to grant a 60-day extension to renew a commercial forest
practitioner certification and certify additional forest practitioners without examination; changes
continuing education and associated reporting requirements for forest practitioners
60-Day Extension for Renewals
The act 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
acts specifies that the practitioner does not need to retake the certification
examination.
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.
Alternative Certification
The act allows the DEEP commissioner to certify a forest practitioner without
examination if he or she is certified through an examination given by the Society O L R P U B L I C A C T S U M M A R Y
Page 6 of 9
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.
Prior law allowed the commissioner to certify forest practitioners without
examination if (1) they were certified in another state with substantially similar
certification qualifications and (2) that state grants similar privileges to Connecticut
residents. The act eliminates the reciprocity requirement.
Continuing Education
By law, certified forest practitioners must participate in continuing education
programs to improve or maintain their professional forestry skills. Existing
regulations require these practitioners to 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 act 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 set out in regulations.
The act 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.
EFFECTIVE DATE: October 1, 2022
§ 10 — PESTICIDE APPLICATOR CERTIFICATION RENEWAL
Requires the DEEP commissioner to notify certified pesticide applicators at least 60 days before
their certifications lapse and provides a one-year window to renew a certification without
reexamination
Notice and Certification Lapse
The act requires the DEEP commissioner to give 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 act, 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 act 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 O L R P U B L I C A C T S U M M A R Y
Page 7 of 9
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 act, 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 act, anyone whose certification lapses for one year or more must
retake the examination. By law, pesticide applicator certifications are valid for five
years.
§ 11 — PESTICIDE REGISTRATION
Allows pesticides to be registered annually instead of every five years
The act authorizes the DEEP commissioner to register pesticides either on an
annual basis or, as required under prior law, for five-year periods, and
correspondingly prorates the registration fee to account for an annual registration.
§§ 12-16 — RADIATION REGULATION
As part of Connecticut’s shift to “agreement state status” with the U.S. Nuclear Regulatory
Commission, (1) allows the DEEP commissioner to enter into agreements with NRC and certain
other governmental agencies for inspections or other radiation control functions, (2) specifies that
existing licenses that will become subject to state oversight will have a like-license until their
expiration, and (3) makes associated technical and conforming changes
PA 21-2, June Special Session, §§ 40-50, requires the DEEP commissioner to
adopt regulations on radioactive materials sources so that it may secure “agreement
state status” with the Nuclear Regulatory Commission (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 act 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, it does the following:
1. specifies that NRC keeps regulatory oversight over certain materials and
activities that federal law and regulations reserves to it (e.g., operating
uranium enrichment facilities; importing or exporting byproduct, sources,
or special nuclear materials; disposing of certain products in the ocean; and
storing spent fuel and radioactive waste) (§ 13);
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 DEEP notifies the licensee that the license will be expired
(§ 14); and
3. allows the DEEP commissioner to enter into any agreement with NRC or
any other federal governmental agency, state, or interstate agency for the O L R P U B L I C A C T S U M M A R Y
Page 8 of 9
state to perform inspections or other radiation sources control functions (§
15).
The act extends to the state’s radiation and radioactive materials law (or a
regulation, order, or permit adopted under it), existing law’s penalties 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 act similarly applies to this law (and associated regulations, orders, or
permits) existing 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 act, 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 (CGS § 22a-158c).
EFFECTIVE DATE: Upon passage, except certain technical changes (§ 12) are
effective October 1, 2022.
§ 17 — STATE PARK HAZARDOUS TREE MAINTEN ANCE
Requires the DEEP commissioner to complete and publish a hazardous tree mitigation policy that
applies to state parks and campgrounds and report on tree replanting strategies for removed
hazardous trees; requires DEEP to implement a tree replanting demonstration project at
Housatonic Meadows State Park
The act requires the following three actions concerning tree maintenance at state
parks and campgrounds:
1. the DEEP commissioner must, by August 1, 2022, develop, finalize, and
publish on DEEP’s website a hazardous tree mitigation policy on
designating, removing, and mitigating hazardous trees;
2. in consultation with state park or forest advocacy groups or organizations,
DEEP must implement a tree planting demonstration project at Housatonic
Meadows State Park; and
3. the DEEP commissioner must, by December 1, 2022, submit a report to the
Environment Committee on replanting strategies for removed hazardous
trees and any related funding needs.
Under the act, the hazardous tree mitigation policy must include (1) criteria for
DEEP to designate a tree as hazardous and (2) procedures to follow when making
the designation and for the tree’s removal or mitigation. The procedures must
include the following elements:
1. consultation with a licensed arborist before designating and removing or
mitigating the tree;
2. notifying the public about DEEP’s hazardous tree removal activities,
including signs and publishing notice on the department’s website; and O L R P U B L I C A C T S U M M A R Y
Page 9 of 9
3. considering replanting and other relevant improvements to offset a removed
hazardous tree’s aesthetic or ecological value.
The act requires the policy to also have provisions on the following:
1. maintenance of public safety;
2. ecological and natural resource protection;
3. transparency and public engagement practices for the tree designation,
removal, and mitigation process;
4. state park maintenance and repair, trail maintenance, and effective
stewardship of DEEP’s resources;
5. public access to outdoor recreation;
6. decorative pruning and removing invasive species;
7. efforts for fire suppression or protection; and
8. post-storm impact mitigation or clean-up.
§ 18 — PA 490 PROGRAM: MARITIME HERITAGE LAND
Limits when waterfront property owned by shellstock shippers is eligible for the PA 490 program
PA 21-24 extended the state’s PA 490 program to licensed shellstock (i.e., in-
shell molluscan shellfish) shippers by including waterfront property they own in
the definition of “maritime heritage land.” (The PA 490 program allows farm,
forest, open space, and maritime heritage land to be assessed for property tax
purposes based on current use value rather than fair market value (CGS § 12-63).)
The act limits when waterfront property owned by shellstock shippers is eligible
for the tax break by requiring that the shippers also either grow or harvest
shellstock.
§ 19 — NIPS SURCHARGE REMITTANCE
Extends the deadline by which alcohol wholesalers must remit the five-cent nip surcharge to
municipalities
The act extends the deadline by which alcohol wholesalers must remit to
municipalities the five-cent surcharge assessed on beverage containers containing
spirits or liquor of 50 milliliters or less (“nips”). By law, these payments must be
made twice yearly, in April and October. Under prior law, wholesalers had to remit
the funds at the beginning of those months. The act deems the payments timely if
they are made on any day during those months.