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| 3 | + | LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00238-R02- | |
| 4 | + | SB.docx | |
| 5 | + | 1 of 25 | |
| 6 | + | ||
| 7 | + | General Assembly Substitute Bill No. 238 | |
| 8 | + | February Session, 2022 | |
| 1 | 9 | ||
| 2 | 10 | ||
| 3 | 11 | ||
| 4 | - | Substitute Senate Bill No. 238 | |
| 5 | - | ||
| 6 | - | Public Act No. 22-143 | |
| 7 | 12 | ||
| 8 | 13 | ||
| 9 | 14 | AN ACT CONCERNING REVISIONS TO CERTAIN ENVIRONMENT | |
| 10 | 15 | RELATED STATUTES. | |
| 11 | 16 | Be it enacted by the Senate and House of Representatives in General | |
| 12 | 17 | Assembly convened: | |
| 13 | 18 | ||
| 14 | - | Section 1. Subsection (d) of section 22a-416 of the general statutes is | |
| 15 | - | repealed and the following is substituted in lieu thereof (Effective from | |
| 16 | - | passage): | |
| 17 | - | (d) As used in this section the terms "class I", "class II", "class III" and | |
| 18 | - | "class IV" mean the classifications of wastewater treatment plants | |
| 19 | - | provided for in regulations adopted by the Department of Energy and | |
| 20 | - | Environmental Protection. The Commissioner of Energy and | |
| 21 | - | Environmental Protection may establish requirements for the presence | |
| 22 | - | of approved operators at pollution abatement facilities. Applicants for | |
| 23 | - | class I, [and] class II, class III and class IV certificates shall [only] be | |
| 24 | - | required to pass the relevant standardized national examination | |
| 25 | - | prepared by the Association of Boards of Certification for Wastewater | |
| 26 | - | Treatment Facility Operators. [Applicants for class III and class IV | |
| 27 | - | certificates shall only be required to pass the relevant standardized | |
| 28 | - | national examination prepared by the Association of Boards of | |
| 29 | - | Certification for Wastewater Treatment Facility Operators | |
| 30 | - | supplemented with additional questions submitted by the | |
| 31 | - | commissioner to such board. Operators with certificates issued by the Substitute | |
| 19 | + | Section 1. Subsection (d) of section 22a-416 of the general statutes is 1 | |
| 20 | + | repealed and the following is substituted in lieu thereof (Effective from 2 | |
| 21 | + | passage): 3 | |
| 22 | + | (d) As used in this section the terms "class I", "class II", "class III" and 4 | |
| 23 | + | "class IV" mean the classifications of wastewater treatment plants 5 | |
| 24 | + | provided for in regulations adopted by the Department of Energy and 6 | |
| 25 | + | Environmental Protection. The Commissioner of Energy and 7 | |
| 26 | + | Environmental Protection may establish requirements for the presence 8 | |
| 27 | + | of approved operators at pollution abatement facilities. Applicants for 9 | |
| 28 | + | class I, [and] class II, class III and class IV certificates shall [only] be 10 | |
| 29 | + | required to pass the relevant standardized national examination 11 | |
| 30 | + | prepared by the Association of Boards of Certification for Wastewater 12 | |
| 31 | + | Treatment Facility Operators. [Applicants for class III and class IV 13 | |
| 32 | + | certificates shall only be required to pass the relevant standardized 14 | |
| 33 | + | national examination prepared by the Association of Boards of 15 | |
| 34 | + | Certification for Wastewater Treatment Facility Operators 16 | |
| 35 | + | supplemented with additional questions submitted by the 17 | |
| 36 | + | commissioner to such board. Operators with certificates issued by the 18 Substitute Bill No. 238 | |
| 32 | 37 | ||
| 33 | - | Public Act No. 22-143 2 of 28 | |
| 34 | 38 | ||
| 35 | - | commissioner prior to May 16, 1995, shall not be required to be | |
| 36 | - | reexamined.] The commissioner, or the commissioner's designated | |
| 37 | - | agent, shall administer and proctor the examination of all applicants. | |
| 38 | - | The qualifications of the operators at such facilities shall be subject to | |
| 39 | - | the approval of the commissioner. The commissioner may adopt | |
| 40 | - | regulations, in accordance with the provisions of chapter 54, [requiring | |
| 41 | - | all operators at pollution abatement facilities to satisfactorily complete, | |
| 42 | - | on a regular basis, a state-certified training course, which may include | |
| 43 | - | training on the type of municipal pollution abatement facility at which | |
| 44 | - | the operator is employed and training concerning regulations | |
| 45 | - | promulgated during the preceding year. Any applicant for certification | |
| 46 | - | who passed either the examination prepared and administered on | |
| 47 | - | December 8, 1994, by the commissioner or the examination prepared by | |
| 48 | - | the Association of Boards of Certification for Wastewater Treatment | |
| 49 | - | Facility Operators and administered on December 8, 1994, by the | |
| 50 | - | commissioner shall be issued the appropriate certificate in accordance | |
| 51 | - | with the regulations adopted under this section] concerning application, | |
| 52 | - | certification, renewal and continuing education requirements for | |
| 53 | - | operators. On and after October 1, 2018, each certified operator shall | |
| 54 | - | obtain not less than six hours of continuing education each year. | |
| 55 | - | Continuing education units and associated courses shall be approved | |
| 56 | - | by the commissioner or the commissioner's designated agent in | |
| 57 | - | consultation with the operator certification advisory board. A record of | |
| 58 | - | such continuing education shall be maintained by the certified operator | |
| 59 | - | and by the facility employing the operator and shall be made available | |
| 60 | - | for inspection upon request by the commissioner. | |
| 61 | - | Sec. 2. Subsection (c) of section 22-11h of the general statutes is | |
| 62 | - | repealed and the following is substituted in lieu thereof (Effective from | |
| 63 | - | passage): | |
| 64 | - | (c) Individual structures used for aquaculture as defined in section | |
| 65 | - | 22-11c, including, but not limited to, racks, cages or bags, as well as Substitute Senate Bill No. 238 | |
| 39 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00238- | |
| 40 | + | R02-SB.docx } | |
| 41 | + | 2 of 25 | |
| 66 | 42 | ||
| 67 | - | Public Act No. 22-143 3 of 28 | |
| 43 | + | commissioner prior to May 16, 1995, shall not be required to be 19 | |
| 44 | + | reexamined.] The commissioner, or the commissioner's designated 20 | |
| 45 | + | agent, shall administer and proctor the examination of all applicants. 21 | |
| 46 | + | The qualifications of the operators at such facilities shall be subject to 22 | |
| 47 | + | the approval of the commissioner. The commissioner may adopt 23 | |
| 48 | + | regulations, in accordance with the provisions of chapter 54, [requiring 24 | |
| 49 | + | all operators at pollution abatement facilities to satisfactorily complete, 25 | |
| 50 | + | on a regular basis, a state-certified training course, which may include 26 | |
| 51 | + | training on the type of municipal pollution abatement facility at which 27 | |
| 52 | + | the operator is employed and training concerning regulations 28 | |
| 53 | + | promulgated during the preceding year. Any applicant for certification 29 | |
| 54 | + | who passed either the examination prepared and administered on 30 | |
| 55 | + | December 8, 1994, by the commissioner or the examination prepared by 31 | |
| 56 | + | the Association of Boards of Certification for Wastewater Treatment 32 | |
| 57 | + | Facility Operators and administered on December 8, 1994, by the 33 | |
| 58 | + | commissioner shall be issued the appropriate certificate in accordance 34 | |
| 59 | + | with the regulations adopted under this section] concerning application, 35 | |
| 60 | + | certification, renewal and continuing education requirements for 36 | |
| 61 | + | operators. On and after October 1, 2018, each certified operator shall 37 | |
| 62 | + | obtain not less than six hours of continuing education each year. 38 | |
| 63 | + | Continuing education units and associated courses shall be approved 39 | |
| 64 | + | by the commissioner or the commissioner's designated agent in 40 | |
| 65 | + | consultation with the operator certification advisory board. A record of 41 | |
| 66 | + | such continuing education shall be maintained by the certified operator 42 | |
| 67 | + | and by the facility employing the operator and shall be made available 43 | |
| 68 | + | for inspection upon request by the commissioner. 44 | |
| 69 | + | Sec. 2. Subsection (c) of section 22-11h of the general statutes is 45 | |
| 70 | + | repealed and the following is substituted in lieu thereof (Effective from 46 | |
| 71 | + | passage): 47 | |
| 72 | + | (c) Individual structures used for aquaculture as defined in section 48 | |
| 73 | + | 22-11c, including, but not limited to, racks, cages or bags, as well as 49 | |
| 74 | + | buoys marking such structures, which [do not otherwise require] 50 | |
| 75 | + | received a permit under federal Army Corps of Engineers regulations 51 Substitute Bill No. 238 | |
| 68 | 76 | ||
| 69 | - | buoys marking such structures, which [do not otherwise require] | |
| 70 | - | received a permit under federal Army Corps of Engineers regulations | |
| 71 | - | and do not interfere with navigation in designated or customary boating | |
| 72 | - | or shipping lanes and channels, shall be placed in leased or designated | |
| 73 | - | shellfish areas and shall be exempt from the requirements of sections | |
| 74 | - | 22a-359 to 22a-363f, inclusive. | |
| 75 | - | Sec. 3. Subsection (c) of section 22a-73 of the general statutes is | |
| 76 | - | repealed and the following is substituted in lieu thereof (Effective from | |
| 77 | - | passage): | |
| 78 | - | (c) [No ordinance shall be effective until such ordinance has been | |
| 79 | - | approved by the commissioner. No ordinance shall be approved unless | |
| 80 | - | it is in conformity with] Any such municipal noise control ordinance | |
| 81 | - | shall be at least as stringent as any state noise control plan, including | |
| 82 | - | ambient noise standards, adopted pursuant to section 22a-69 or any | |
| 83 | - | standards or regulations adopted by the administrator of the United | |
| 84 | - | States Environmental Protection Agency pursuant to the Noise Control | |
| 85 | - | Act of 1972 (P.L. 92-574) or any amendment thereto. Notwithstanding | |
| 86 | - | the provisions of this subsection, any municipality may adopt more | |
| 87 | - | stringent noise standards than those adopted by the commissioner. [, | |
| 88 | - | provided such standards are approved by the commissioner.] | |
| 89 | - | Sec. 4. Subsection (c) of section 22a-174 of the general statutes is | |
| 90 | - | repealed and the following is substituted in lieu thereof (Effective from | |
| 91 | - | passage): | |
| 92 | - | (c) The commissioner shall have the power, in accordance with | |
| 93 | - | regulations adopted by him, (1) to require that a person, before | |
| 94 | - | undertaking the construction, installation, enlargement or | |
| 95 | - | establishment of a new air contaminant source specified in the | |
| 96 | - | regulations adopted under subsection (a) of this section, submit to him | |
| 97 | - | plans, specifications and such information as he deems reasonably | |
| 98 | - | necessary relating to the construction, installation, enlargement, or Substitute Senate Bill No. 238 | |
| 99 | 77 | ||
| 100 | - | Public Act No. 22-143 4 of 28 | |
| 78 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00238- | |
| 79 | + | R02-SB.docx } | |
| 80 | + | 3 of 25 | |
| 101 | 81 | ||
| 102 | - | establishment of such new air contaminant source; (2) to issue a permit | |
| 103 | - | approving such plans and specifications and permitting the | |
| 104 | - | construction, installation, enlargement or establishment of the new air | |
| 105 | - | contaminant source in accordance with such plans, or to issue an order | |
| 106 | - | requiring that such plans and specifications be modified as a condition | |
| 107 | - | to his approving them and issuing a permit allowing such construction, | |
| 108 | - | installation, enlargement or establishment in accordance therewith, or | |
| 109 | - | to issue an order rejecting such plans and specifications and prohibiting | |
| 110 | - | construction, installation, enlargement or establishment of a new air | |
| 111 | - | contaminant source in accordance with the plans and specifications | |
| 112 | - | submitted; (3) to require periodic inspection and maintenance of | |
| 113 | - | combustion equipment and other sources of air pollution; (4) to require | |
| 114 | - | any person to maintain such records relating to air pollution or to the | |
| 115 | - | operation of facilities designed to abate air pollution as he deems | |
| 116 | - | necessary to carry out the provisions of this chapter and section 14-164c; | |
| 117 | - | (5) to require that a person in control of an air contaminant source | |
| 118 | - | specified in the regulations adopted under subsection (a), obtain a | |
| 119 | - | permit to operate such source if the source (A) is subject to any | |
| 120 | - | regulations adopted by the commissioner concerning high risk | |
| 121 | - | hazardous air pollutants, (B) burns waste oil, (C) is allowed by the | |
| 122 | - | commissioner, pursuant to regulations adopted under subsection (a), to | |
| 123 | - | exceed emission limits for sulfur compounds, (D) is issued an order | |
| 124 | - | pursuant to section 22a-178, or (E) violates any provision of this chapter, | |
| 125 | - | or any regulation, order or permit adopted or issued thereunder; (6) to | |
| 126 | - | require that a person in control of an air contaminant source who is not | |
| 127 | - | required to obtain a permit pursuant to this subsection register with him | |
| 128 | - | and provide such information as he deems necessary to maintain his | |
| 129 | - | inventory of air pollution sources and the commissioner may require | |
| 130 | - | renewal of such registration at intervals he deems necessary to maintain | |
| 131 | - | such inventory; (7) to require a permit for any source regulated under | |
| 132 | - | the federal Clean Air Act Amendments of 1990, P.L. 101-549; (8) to | |
| 133 | - | refuse to issue a permit if the Environmental Protection Agency objects | |
| 134 | - | to its issuance in a timely manner under Title V of the federal Clean Air Substitute Senate Bill No. 238 | |
| 82 | + | and do not interfere with navigation in designated or customary boating 52 | |
| 83 | + | or shipping lanes and channels, shall be placed in leased or designated 53 | |
| 84 | + | shellfish areas and shall be exempt from the requirements of sections 54 | |
| 85 | + | 22a-359 to 22a-363f, inclusive. 55 | |
| 86 | + | Sec. 3. Subsection (c) of section 22a-73 of the general statutes is 56 | |
| 87 | + | repealed and the following is substituted in lieu thereof (Effective from 57 | |
| 88 | + | passage): 58 | |
| 89 | + | (c) [No ordinance shall be effective until such ordinance has been 59 | |
| 90 | + | approved by the commissioner. No ordinance shall be approved unless 60 | |
| 91 | + | it is in conformity with] Any such municipal noise control ordinance 61 | |
| 92 | + | shall be at least as stringent as any state noise control plan, including 62 | |
| 93 | + | ambient noise standards, adopted pursuant to section 22a-69 or any 63 | |
| 94 | + | standards or regulations adopted by the administrator of the United 64 | |
| 95 | + | States Environmental Protection Agency pursuant to the Noise Control 65 | |
| 96 | + | Act of 1972 (P.L. 92-574) or any amendment thereto. Notwithstanding 66 | |
| 97 | + | the provisions of this subsection, any municipality may adopt more 67 | |
| 98 | + | stringent noise standards than those adopted by the commissioner. [, 68 | |
| 99 | + | provided such standards are approved by the commissioner.] 69 | |
| 100 | + | Sec. 4. Subsection (c) of section 22a-174 of the general statutes is 70 | |
| 101 | + | repealed and the following is substituted in lieu thereof (Effective from 71 | |
| 102 | + | passage): 72 | |
| 103 | + | (c) The commissioner shall have the power, in accordance with 73 | |
| 104 | + | regulations adopted by him, (1) to require that a person, before 74 | |
| 105 | + | undertaking the construction, installation, enlargement or 75 | |
| 106 | + | establishment of a new air contaminant source specified in the 76 | |
| 107 | + | regulations adopted under subsection (a) of this section, submit to him 77 | |
| 108 | + | plans, specifications and such information as he deems reasonably 78 | |
| 109 | + | necessary relating to the construction, installation, enlargement, or 79 | |
| 110 | + | establishment of such new air contaminant source; (2) to issue a permit 80 | |
| 111 | + | approving such plans and specifications and permitting the 81 | |
| 112 | + | construction, installation, enlargement or establishment of the new air 82 | |
| 113 | + | contaminant source in accordance with such plans, or to issue an order 83 Substitute Bill No. 238 | |
| 135 | 114 | ||
| 136 | - | Public Act No. 22-143 5 of 28 | |
| 137 | 115 | ||
| 138 | - | Act Amendments of 1990; and (9) notwithstanding any regulation | |
| 139 | - | adopted under this chapter, to require that any source permitted under | |
| 140 | - | Title V of the federal Clean Air Act Amendments of 1990 shall comply | |
| 141 | - | with all applicable standards set forth in the Code of Federal | |
| 142 | - | Regulations, Title 40, Parts 51, 52, 59, 60, 61, 62, 63, 68, 70, 72 to 78, | |
| 143 | - | inclusive, and 82, as amended from time to time. | |
| 144 | - | Sec. 5. Subsection (d) of section 23-37 of the general statutes is | |
| 145 | - | repealed and the following is substituted in lieu thereof (Effective from | |
| 146 | - | passage): | |
| 147 | - | (d) If the state forest fire warden determines that additional state | |
| 148 | - | forest fire control personnel are required to assist in extinguishing a | |
| 149 | - | forest fire in this state or in another state that is a member of a compact | |
| 150 | - | authorized to provide reciprocal aid, the state forest fire warden may | |
| 151 | - | temporarily supplement state forest fire control personnel with | |
| 152 | - | temporary emergency workers who meet the training and qualification | |
| 153 | - | requirements of the National Incident Management System: Wildland | |
| 154 | - | Fire Qualification System Guide published by the National Wildfire | |
| 155 | - | Coordinating Group, as amended from time to time. The Department of | |
| 156 | - | Administrative Services shall assist the state fire warden in developing | |
| 157 | - | appropriate classifications for such temporary emergency workers. | |
| 158 | - | Sec. 6. Section 23-53 of the general statutes is repealed and the | |
| 159 | - | following is substituted in lieu thereof (Effective from passage): | |
| 160 | - | The Governor on behalf of this state is authorized to enter into a | |
| 161 | - | compact, substantially in the following form, with any one or more of | |
| 162 | - | the states of Maine, Massachusetts, New Hampshire, New York, Rhode | |
| 163 | - | Island and Vermont and with such other states of the United States or | |
| 164 | - | provinces of the Dominion of Canada as may legally join therein: | |
| 165 | - | NORTHEASTERN INTERSTATE FOREST FIRE | |
| 166 | - | PROTECTION COMPACT Substitute Senate Bill No. 238 | |
| 116 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00238- | |
| 117 | + | R02-SB.docx } | |
| 118 | + | 4 of 25 | |
| 167 | 119 | ||
| 168 | - | Public Act No. 22-143 6 of 28 | |
| 120 | + | requiring that such plans and specifications be modified as a condition 84 | |
| 121 | + | to his approving them and issuing a permit allowing such construction, 85 | |
| 122 | + | installation, enlargement or establishment in accordance therewith, or 86 | |
| 123 | + | to issue an order rejecting such plans and specifications and prohibiting 87 | |
| 124 | + | construction, installation, enlargement or establishment of a new air 88 | |
| 125 | + | contaminant source in accordance with the plans and specifications 89 | |
| 126 | + | submitted; (3) to require periodic inspection and maintenance of 90 | |
| 127 | + | combustion equipment and other sources of air pollution; (4) to require 91 | |
| 128 | + | any person to maintain such records relating to air pollution or to the 92 | |
| 129 | + | operation of facilities designed to abate air pollution as he deems 93 | |
| 130 | + | necessary to carry out the provisions of this chapter and section 14-164c; 94 | |
| 131 | + | (5) to require that a person in control of an air contaminant source 95 | |
| 132 | + | specified in the regulations adopted under subsection (a), obtain a 96 | |
| 133 | + | permit to operate such source if the source (A) is subject to any 97 | |
| 134 | + | regulations adopted by the commissioner concerning high risk 98 | |
| 135 | + | hazardous air pollutants, (B) burns waste oil, (C) is allowed by the 99 | |
| 136 | + | commissioner, pursuant to regulations adopted under subsection (a), to 100 | |
| 137 | + | exceed emission limits for sulfur compounds, (D) is issued an order 101 | |
| 138 | + | pursuant to section 22a-178, or (E) violates any provision of this chapter, 102 | |
| 139 | + | or any regulation, order or permit adopted or issued thereunder; (6) to 103 | |
| 140 | + | require that a person in control of an air contaminant source who is not 104 | |
| 141 | + | required to obtain a permit pursuant to this subsection register with him 105 | |
| 142 | + | and provide such information as he deems necessary to maintain his 106 | |
| 143 | + | inventory of air pollution sources and the commissioner may require 107 | |
| 144 | + | renewal of such registration at intervals he deems necessary to maintain 108 | |
| 145 | + | such inventory; (7) to require a permit for any source regulated under 109 | |
| 146 | + | the federal Clean Air Act Amendments of 1990, P.L. 101-549; (8) to 110 | |
| 147 | + | refuse to issue a permit if the Environmental Protection Agency objects 111 | |
| 148 | + | to its issuance in a timely manner under Title V of the federal Clean Air 112 | |
| 149 | + | Act Amendments of 1990; and (9) notwithstanding any regulation 113 | |
| 150 | + | adopted under this chapter, to require that any source permitted under 114 | |
| 151 | + | Title V of the federal Clean Air Act Amendments of 1990 shall comply 115 | |
| 152 | + | with all applicable standards set forth in the Code of Federal 116 | |
| 153 | + | Regulations, Title 40, Parts 51, 52, 59, 60, 61, 62, 63, 68, 70, 72 to 78, 117 | |
| 154 | + | inclusive, and 82, as amended from time to time. 118 Substitute Bill No. 238 | |
| 169 | 155 | ||
| 170 | - | ARTICLE I | |
| 171 | - | The purpose of this compact is to promote effective prevention and | |
| 172 | - | control of forest fires in the northeastern region of the United States and | |
| 173 | - | adjacent areas in Canada by the development of integrated forest fire | |
| 174 | - | plans, by the maintenance of adequate forest fire fighting services by the | |
| 175 | - | member states, by providing for mutual aid in fighting forest fires | |
| 176 | - | among the states of the region and for procedures that will facilitate | |
| 177 | - | such aid, and by the establishment of a central agency to coordinate the | |
| 178 | - | services of member states and perform such common services as | |
| 179 | - | member states may deem desirable. | |
| 180 | - | ARTICLE II | |
| 181 | - | This agreement shall become operative immediately as to those states | |
| 182 | - | ratifying it whenever any two or more of the states of Maine, New | |
| 183 | - | Hampshire, Vermont, Rhode Island, Connecticut, New York and the | |
| 184 | - | Commonwealth of Massachusetts have ratified it and the Congress has | |
| 185 | - | given its consent. Any state not mentioned in this article which is | |
| 186 | - | contiguous with any member state may become a party to this compact. | |
| 187 | - | Subject to the consent of the Congress of the United States, any province | |
| 188 | - | of the Dominion of Canada which is contiguous with any member state | |
| 189 | - | may become a party to this compact by taking such action as its laws | |
| 190 | - | and the laws of the Dominion of Canada may prescribe for ratification. | |
| 191 | - | In this event, the term "state" in this compact shall include within its | |
| 192 | - | meaning the term "province" and the procedures prescribed shall be | |
| 193 | - | applied in the instance of such provinces, in accordance with the forms | |
| 194 | - | and practices of the Canadian government. | |
| 195 | - | ARTICLE III | |
| 196 | - | Each state joining herein shall appoint three representatives to a | |
| 197 | - | commission hereby designated as the Northeastern Forest Fire | |
| 198 | - | Protection Commission. One shall be the state forester or officer holding Substitute Senate Bill No. 238 | |
| 199 | 156 | ||
| 200 | - | Public Act No. 22-143 7 of 28 | |
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| 158 | + | R02-SB.docx } | |
| 159 | + | 5 of 25 | |
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| 226 | - | The | |
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| 231 | - | ||
| 161 | + | Sec. 5. Subsection (d) of section 23-37 of the general statutes is 119 | |
| 162 | + | repealed and the following is substituted in lieu thereof (Effective from 120 | |
| 163 | + | passage): 121 | |
| 164 | + | (d) If the state forest fire warden determines that additional state 122 | |
| 165 | + | forest fire control personnel are required to assist in extinguishing a 123 | |
| 166 | + | forest fire in this state or in another state that is a member of a compact 124 | |
| 167 | + | authorized to provide reciprocal aid, the state forest fire warden may 125 | |
| 168 | + | temporarily supplement state forest fire control personnel with 126 | |
| 169 | + | temporary emergency workers who meet the training and qualification 127 | |
| 170 | + | requirements of the National Incident Management System: Wildland 128 | |
| 171 | + | Fire Qualification System Guide published by the National Wildfire 129 | |
| 172 | + | Coordinating Group, as amended from time to time. The Department of 130 | |
| 173 | + | Administrative Services shall assist the state fire warden in developing 131 | |
| 174 | + | appropriate classifications for such temporary emergency workers. 132 | |
| 175 | + | Sec. 6. Section 23-53 of the general statutes is repealed and the 133 | |
| 176 | + | following is substituted in lieu thereof (Effective from passage): 134 | |
| 177 | + | The Governor on behalf of this state is authorized to enter into a 135 | |
| 178 | + | compact, substantially in the following form, with any one or more of 136 | |
| 179 | + | the states of Maine, Massachusetts, New Hampshire, New York, Rhode 137 | |
| 180 | + | Island and Vermont and with such other states of the United States or 138 | |
| 181 | + | provinces of the Dominion of Canada as may legally join therein: 139 | |
| 182 | + | NORTHEASTERN INTERSTATE FOREST FIRE 140 | |
| 183 | + | PROTECTION COMPACT 141 | |
| 184 | + | ARTICLE I 142 | |
| 185 | + | The purpose of this compact is to promote effective prevention and 143 | |
| 186 | + | control of forest fires in the northeastern region of the United States and 144 | |
| 187 | + | adjacent areas in Canada by the development of integrated forest fire 145 | |
| 188 | + | plans, by the maintenance of adequate forest fire fighting services by the 146 | |
| 189 | + | member states, by providing for mutual aid in fighting forest fires 147 | |
| 190 | + | among the states of the region and for procedures that will facilitate 148 Substitute Bill No. 238 | |
| 232 | 191 | ||
| 233 | - | Public Act No. 22-143 8 of 28 | |
| 234 | 192 | ||
| 235 | - | and to the legislature of the state its recommendations relating to | |
| 236 | - | enactments to be made by the legislature of that state in furthering the | |
| 237 | - | interests and purposes of this compact. | |
| 238 | - | The commission shall consult with and advise the appropriate | |
| 239 | - | administrative agencies of the states party hereto with regard to | |
| 240 | - | problems connected with the prevention and control of forest fires and | |
| 241 | - | recommend the adoption of such regulations as it deems advisable. | |
| 242 | - | The commission shall have power to recommend to the signatory | |
| 243 | - | states any and all measures that will effectuate the prevention and | |
| 244 | - | control of forest fires. | |
| 245 | - | ARTICLE V | |
| 246 | - | Any two or more member states may designate the Northeastern | |
| 247 | - | Forest Fire Protection Commission as a joint agency to maintain such | |
| 248 | - | common services as those states deem desirable for the prevention and | |
| 249 | - | control of forest fires. Except in those cases where all member states join | |
| 250 | - | in such designation for common services, the representatives of any | |
| 251 | - | group of such designating states in the Northeastern Forest Fire | |
| 252 | - | Protection Commission shall constitute a separate section of such | |
| 253 | - | commission for the performance of the common service or services so | |
| 254 | - | designated provided that, if any additional expense is involved, the | |
| 255 | - | state so acting shall appropriate the necessary funds for this purpose. | |
| 256 | - | The creation of such a section as a joint agency shall not affect the | |
| 257 | - | privileges, powers, responsibilities or duties of the states participating | |
| 258 | - | therein as embodied in the other articles of this compact. | |
| 259 | - | ARTICLE VI | |
| 260 | - | The commission may request the United States Forest Service to act | |
| 261 | - | as the primary research and coordinating agency of the Northeastern | |
| 262 | - | Forest Fire Protection Commission, in cooperation with the appropriate | |
| 263 | - | agencies in each state and the United States Forest Service may accept Substitute Senate Bill No. 238 | |
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| 264 | 196 | ||
| 265 | - | Public Act No. 22-143 9 of 28 | |
| 197 | + | such aid, and by the establishment of a central agency to coordinate the 149 | |
| 198 | + | services of member states and perform such common services as 150 | |
| 199 | + | member states may deem desirable. 151 | |
| 200 | + | ARTICLE II 152 | |
| 201 | + | This agreement shall become operative immediately as to those states 153 | |
| 202 | + | ratifying it whenever any two or more of the states of Maine, New 154 | |
| 203 | + | Hampshire, Vermont, Rhode Island, Connecticut, New York and the 155 | |
| 204 | + | Commonwealth of Massachusetts have ratified it and the Congress has 156 | |
| 205 | + | given its consent. Any state not mentioned in this article which is 157 | |
| 206 | + | contiguous with any member state may become a party to this compact. 158 | |
| 207 | + | Subject to the consent of the Congress of the United States, any province 159 | |
| 208 | + | of the Dominion of Canada which is contiguous with any member state 160 | |
| 209 | + | may become a party to this compact by taking such action as its laws 161 | |
| 210 | + | and the laws of the Dominion of Canada may prescribe for ratification. 162 | |
| 211 | + | In this event, the term "state" in this compact shall include within its 163 | |
| 212 | + | meaning the term "province" and the procedures prescribed shall be 164 | |
| 213 | + | applied in the instance of such provinces, in accordance with the forms 165 | |
| 214 | + | and practices of the Canadian government. 166 | |
| 215 | + | ARTICLE III 167 | |
| 216 | + | Each state joining herein shall appoint three representatives to a 168 | |
| 217 | + | commission hereby designated as the Northeastern Forest Fire 169 | |
| 218 | + | Protection Commission. One shall be the state forester or officer holding 170 | |
| 219 | + | an equivalent position in such state who is responsible for forest fire 171 | |
| 220 | + | control. The second shall be a member of the legislature of such state 172 | |
| 221 | + | designated by the commission or committee on interstate cooperation 173 | |
| 222 | + | of such state, or if there be none, or if said commission on interstate 174 | |
| 223 | + | cooperation cannot constitutionally designate the said member, such 175 | |
| 224 | + | legislator shall be designated by the governor thereof; provided that if 176 | |
| 225 | + | it is constitutionally impossible to appoint a legislator as a commissioner 177 | |
| 226 | + | from such state, the second member shall be appointed by the governor 178 | |
| 227 | + | of said state in his discretion. The third member shall be a person 179 | |
| 228 | + | designated by the governor as the responsible representative of the 180 Substitute Bill No. 238 | |
| 266 | 229 | ||
| 267 | - | the initial responsibility in preparing and presenting to the commission | |
| 268 | - | its recommendations with respect to the regional fire plan. | |
| 269 | - | Representatives of the United States Forest Service may attend meetings | |
| 270 | - | of the commission and of groups of member states. | |
| 271 | - | ARTICLE VII | |
| 272 | - | The commission shall annually elect from its members a chairman | |
| 273 | - | and a vice-chairman. The commission shall appoint such officers or | |
| 274 | - | employees as may be required to carry the provisions of this compact | |
| 275 | - | into effect, shall fix and determine their duties, qualifications and | |
| 276 | - | compensation, and may at its pleasure, remove or discharge any such | |
| 277 | - | officer or employee. The commission shall adopt rules and regulations | |
| 278 | - | for the conduct of its business. It may establish and maintain one or | |
| 279 | - | more offices for the transaction of its business and may meet at any time | |
| 280 | - | or place but must meet at least once a year. | |
| 281 | - | A majority of the members of the commission representing a majority | |
| 282 | - | of the signatory states shall constitute a quorum for the transaction of its | |
| 283 | - | general business, but no action of the commission imposing any | |
| 284 | - | obligation on any signatory state shall be binding unless a majority of | |
| 285 | - | the members from such signatory state shall have voted in favor thereof. | |
| 286 | - | For the purpose of conducting its general business, voting shall be by | |
| 287 | - | state units. | |
| 288 | - | The representatives of any two or more member states, upon notice | |
| 289 | - | to the chairman as to the time and purpose of the meeting, may meet as | |
| 290 | - | a section for the discussion of problems common to those states. | |
| 291 | - | Sections established by groups of member states shall have the same | |
| 292 | - | powers with respect to officers, employees and the maintenance of | |
| 293 | - | offices as are granted by this article to the commission. Sections may | |
| 294 | - | adopt such rules, regulations and procedures as may be necessary for | |
| 295 | - | the conduct of their business. Substitute Senate Bill No. 238 | |
| 296 | 230 | ||
| 297 | - | Public Act No. 22-143 10 of 28 | |
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| 298 | 234 | ||
| 299 | - | ARTICLE VIII | |
| 300 | - | It shall be the duty of each member state to formulate and put in effect | |
| 301 | - | a forest fire plan for that state and to take such measures as may be | |
| 302 | - | recommended by the commission to integrate such forest fire plan with | |
| 303 | - | regional forest fire plan. | |
| 304 | - | Whenever the state forest fire control agency of a member state | |
| 305 | - | requests aid from the state forest fire control agency of any other | |
| 306 | - | member state in combatting, controlling or preventing forest fires, it | |
| 307 | - | shall be the duty of the state forest fire control agency of that state to | |
| 308 | - | render all possible aid to the requesting agency which is consonant with | |
| 309 | - | the maintenance of protection at home. | |
| 310 | - | Each signatory state agrees to render aid to the Forest Service or other | |
| 311 | - | agencies of the government of the United States in combatting, | |
| 312 | - | controlling or preventing forest fires in areas under their jurisdiction | |
| 313 | - | located within the member state or a contiguous member state. | |
| 314 | - | ARTICLE IX | |
| 315 | - | Whenever the forces of any member state are rendering outside aid | |
| 316 | - | pursuant to the request of another member state under this compact, the | |
| 317 | - | employees of such state shall, under the direction of the officers of the | |
| 318 | - | state to which they are rendering aid, have the same powers (except the | |
| 319 | - | power of arrest), duties, rights, privileges and immunities as | |
| 320 | - | comparable employees of the state to which they are rendering aid. | |
| 321 | - | No member state or its officers or employees rendering outside aid | |
| 322 | - | pursuant to this compact shall be liable on account of any act or | |
| 323 | - | omission on the part of such forces while so engaged, or on account of | |
| 324 | - | the maintenance or use of any equipment or supplies in connection | |
| 325 | - | therewith. | |
| 326 | - | All liability that may arise either under the laws of the requesting Substitute Senate Bill No. 238 | |
| 235 | + | governor. In the event that any province of the Dominion of Canada 181 | |
| 236 | + | shall become a member of this commission, it shall designate three 182 | |
| 237 | + | members who will approximate this pattern of representation to the 183 | |
| 238 | + | extent possible under the law and practices of such province. This 184 | |
| 239 | + | commission shall be a body corporate with the powers and duties set 185 | |
| 240 | + | forth herein. 186 | |
| 241 | + | ARTICLE IV 187 | |
| 242 | + | It shall be the duty of the commission to make inquiry and ascertain 188 | |
| 243 | + | from time to time such methods, practices, circumstances and 189 | |
| 244 | + | conditions as may be disclosed for bringing about the prevention and 190 | |
| 245 | + | control of forest fires in the area comprising the member states, to 191 | |
| 246 | + | coordinate the forest fire plans and the work of the appropriate agencies 192 | |
| 247 | + | of the member states and to facilitate the rendering of aid by the member 193 | |
| 248 | + | states to each other in fighting forest fires. 194 | |
| 249 | + | The commission shall formulate and, in accordance with need, from 195 | |
| 250 | + | time to time, revise a regional forest fire plan for the entire region 196 | |
| 251 | + | covered by the compact which shall serve as a common forest fire plan 197 | |
| 252 | + | for that area. 198 | |
| 253 | + | The commission shall, more than one month prior to any regular 199 | |
| 254 | + | meeting of the legislature in any signatory state, present to the governor 200 | |
| 255 | + | and to the legislature of the state its recommendations relating to 201 | |
| 256 | + | enactments to be made by the legislature of that state in furthering the 202 | |
| 257 | + | interests and purposes of this compact. 203 | |
| 258 | + | The commission shall consult with and advise the appropriate 204 | |
| 259 | + | administrative agencies of the states party hereto with regard to 205 | |
| 260 | + | problems connected with the prevention and control of forest fires and 206 | |
| 261 | + | recommend the adoption of such regulations as it deems advisable. 207 | |
| 262 | + | The commission shall have power to recommend to the signatory 208 | |
| 263 | + | states any and all measures that will effectuate the prevention and 209 | |
| 264 | + | control of forest fires. 210 Substitute Bill No. 238 | |
| 327 | 265 | ||
| 328 | - | Public Act No. 22-143 11 of 28 | |
| 329 | 266 | ||
| 330 | - | state or under the laws of the aiding state or under the laws of a third | |
| 331 | - | state on account of or in connection with a request for aid, shall be | |
| 332 | - | assumed and borne by the requesting state. | |
| 333 | - | Any member state rendering outside aid pursuant to this compact | |
| 334 | - | shall be reimbursed by the member state receiving such aid for any loss | |
| 335 | - | or damage to, or expense incurred in the operation of any equipment | |
| 336 | - | answering a request for aid, and for the cost of all materials, | |
| 337 | - | transportation, wages, salaries, and maintenance of employees and | |
| 338 | - | equipment incurred in connection with such request. Provided, that | |
| 339 | - | nothing herein contained shall prevent any assisting member state from | |
| 340 | - | assuming such loss, damage, expense or other cost or from loaning such | |
| 341 | - | equipment or from donating such services to the receiving member state | |
| 342 | - | without charge or cost. | |
| 343 | - | Each member state shall provide for the payment of compensation | |
| 344 | - | and death benefits to injured employees and the representatives of | |
| 345 | - | deceased employees in case employees sustain injuries or are killed | |
| 346 | - | while rendering outside aid pursuant to this compact, in the same | |
| 347 | - | manner and on the same terms as if the injury or death were sustained | |
| 348 | - | within such state. | |
| 349 | - | For the purposes of this compact the term employee shall include any | |
| 350 | - | volunteer or auxiliary legally included within the forest fire fighting | |
| 351 | - | forces of the aiding state under the laws thereof. | |
| 352 | - | The commission shall formulate procedures for claims and | |
| 353 | - | reimbursement under the provisions of this article. | |
| 354 | - | Aid by a member state to an area subject to federal jurisdiction | |
| 355 | - | beyond the borders of such state shall not be required under this | |
| 356 | - | compact unless substantially the same provisions of this article relative | |
| 357 | - | to powers, liabilities, losses and expenses in connection with such aid | |
| 358 | - | are embodied in federal laws. Substitute Senate Bill No. 238 | |
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| 359 | 270 | ||
| 360 | - | Public Act No. 22-143 12 of 28 | |
| 271 | + | ARTICLE V 211 | |
| 272 | + | Any two or more member states may designate the Northeastern 212 | |
| 273 | + | Forest Fire Protection Commission as a joint agency to maintain such 213 | |
| 274 | + | common services as those states deem desirable for the prevention and 214 | |
| 275 | + | control of forest fires. Except in those cases where all member states join 215 | |
| 276 | + | in such designation for common services, the representatives of any 216 | |
| 277 | + | group of such designating states in the Northeastern Forest Fire 217 | |
| 278 | + | Protection Commission shall constitute a separate section of such 218 | |
| 279 | + | commission for the performance of the common service or services so 219 | |
| 280 | + | designated provided that, if any additional expense is involved, the 220 | |
| 281 | + | state so acting shall appropriate the necessary funds for this purpose. 221 | |
| 282 | + | The creation of such a section as a joint agency shall not affect the 222 | |
| 283 | + | privileges, powers, responsibilities or duties of the states participating 223 | |
| 284 | + | therein as embodied in the other articles of this compact. 224 | |
| 285 | + | ARTICLE VI 225 | |
| 286 | + | The commission may request the United States Forest Service to act 226 | |
| 287 | + | as the primary research and coordinating agency of the Northeastern 227 | |
| 288 | + | Forest Fire Protection Commission, in cooperation with the appropriate 228 | |
| 289 | + | agencies in each state and the United States Forest Service may accept 229 | |
| 290 | + | the initial responsibility in preparing and presenting to the commission 230 | |
| 291 | + | its recommendations with respect to the regional fire plan. 231 | |
| 292 | + | Representatives of the United States Forest Service may attend meetings 232 | |
| 293 | + | of the commission and of groups of member states. 233 | |
| 294 | + | ARTICLE VII 234 | |
| 295 | + | The commission shall annually elect from its members a chairman 235 | |
| 296 | + | and a vice-chairman. The commission shall appoint such officers or 236 | |
| 297 | + | employees as may be required to carry the provisions of this compact 237 | |
| 298 | + | into effect, shall fix and determine their duties, qualifications and 238 | |
| 299 | + | compensation, and may at its pleasure, remove or discharge any such 239 | |
| 300 | + | officer or employee. The commission shall adopt rules and regulations 240 | |
| 301 | + | for the conduct of its business. It may establish and maintain one or 241 Substitute Bill No. 238 | |
| 361 | 302 | ||
| 362 | - | The provisions of this article that relate to mutual aid in combating, | |
| 363 | - | controlling or preventing forest fires shall be applicable to the provision | |
| 364 | - | of such aid by any state that is party to this compact and any other state | |
| 365 | - | that is party to a regional forest fire protection compact in another | |
| 366 | - | region, provided the legislature of such other state assents to the mutual | |
| 367 | - | aid provisions of this compact. | |
| 368 | - | ARTICLE X | |
| 369 | - | When appropriations for the support of this commission or for the | |
| 370 | - | support of common services maintained by the commission or a section | |
| 371 | - | thereof under the provisions of article V are necessary, the commission | |
| 372 | - | or a section thereof shall allocate the costs among the states affected with | |
| 373 | - | consideration of the amounts of forested land in those states that will | |
| 374 | - | receive protection from the service to be rendered and the extent of the | |
| 375 | - | forest fire problem involved in each state, and shall submit its | |
| 376 | - | recommendations accordingly to the legislatures of the affected states. | |
| 377 | - | The commission shall submit to the governor of each state, at such | |
| 378 | - | time as he may request, a budget of its estimated expenditures for such | |
| 379 | - | period as may be required by the laws of such state for presentation to | |
| 380 | - | the legislature thereof. | |
| 381 | - | The commission shall keep accurate books of account, showing in full | |
| 382 | - | its receipts and disbursements, and said books of account shall be open | |
| 383 | - | at any reasonable time to the inspection of such representatives of the | |
| 384 | - | respective signatory states as may be duly constituted for that purpose. | |
| 385 | - | On or before the first day of December of each year, the commission | |
| 386 | - | shall submit to the respective governors of the signatory states a full and | |
| 387 | - | complete report of its activities for the preceding year. | |
| 388 | - | ARTICLE XI | |
| 389 | - | The representatives from any member state may appoint and consult Substitute Senate Bill No. 238 | |
| 390 | 303 | ||
| 391 | - | Public Act No. 22-143 13 of 28 | |
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| 392 | 307 | ||
| 393 | - | with an advisory committee composed of persons interested in forest | |
| 394 | - | fire protection. | |
| 395 | - | The commission may appoint and consult with an advisory | |
| 396 | - | committee of representatives of all affected groups, private and | |
| 397 | - | governmental. | |
| 398 | - | ARTICLE XII | |
| 399 | - | The commission may accept any and all donations, gifts and grants | |
| 400 | - | of money, equipment, supplies, materials and services from the federal | |
| 401 | - | or any local government, or any agency thereof and from any person, | |
| 402 | - | firm or corporation, for any of its purposes and functions under this | |
| 403 | - | compact, and may receive and utilize the same subject to the terms, | |
| 404 | - | conditions and regulations governing such donations, gifts and grants. | |
| 405 | - | ARTICLE XIII | |
| 406 | - | Nothing in this compact shall be construed to authorize or permit any | |
| 407 | - | member state to curtail or diminish its forest fire fighting forces, | |
| 408 | - | equipment, services or facilities, and it shall be the duty and | |
| 409 | - | responsibility of each member state to maintain adequate forest fire | |
| 410 | - | fighting forces and equipment to meet normal demands for forest fire | |
| 411 | - | protection within its borders. | |
| 412 | - | Nothing in this compact shall be construed to limit or restrict the | |
| 413 | - | powers of any state ratifying the same to provide for the prevention, | |
| 414 | - | control and extinguishment of forest fires, or to prohibit the enactment | |
| 415 | - | or enforcement of state laws, rules or regulations intended to aid in such | |
| 416 | - | prevention, control and extinguishment in such state. | |
| 417 | - | Nothing in this compact shall be construed to affect any existing or | |
| 418 | - | future cooperative relationship or arrangement between the United | |
| 419 | - | States Forest Service and a member state or states. Substitute Senate Bill No. 238 | |
| 308 | + | more offices for the transaction of its business and may meet at any time 242 | |
| 309 | + | or place but must meet at least once a year. 243 | |
| 310 | + | A majority of the members of the commission representing a majority 244 | |
| 311 | + | of the signatory states shall constitute a quorum for the transaction of its 245 | |
| 312 | + | general business, but no action of the commission imposing any 246 | |
| 313 | + | obligation on any signatory state shall be binding unless a majority of 247 | |
| 314 | + | the members from such signatory state shall have voted in favor thereof. 248 | |
| 315 | + | For the purpose of conducting its general business, voting shall be by 249 | |
| 316 | + | state units. 250 | |
| 317 | + | The representatives of any two or more member states, upon notice 251 | |
| 318 | + | to the chairman as to the time and purpose of the meeting, may meet as 252 | |
| 319 | + | a section for the discussion of problems common to those states. 253 | |
| 320 | + | Sections established by groups of member states shall have the same 254 | |
| 321 | + | powers with respect to officers, employees and the maintenance of 255 | |
| 322 | + | offices as are granted by this article to the commission. Sections may 256 | |
| 323 | + | adopt such rules, regulations and procedures as may be necessary for 257 | |
| 324 | + | the conduct of their business. 258 | |
| 325 | + | ARTICLE VIII 259 | |
| 326 | + | It shall be the duty of each member state to formulate and put in effect 260 | |
| 327 | + | a forest fire plan for that state and to take such measures as may be 261 | |
| 328 | + | recommended by the commission to integrate such forest fire plan with 262 | |
| 329 | + | regional forest fire plan. 263 | |
| 330 | + | Whenever the state forest fire control agency of a member state 264 | |
| 331 | + | requests aid from the state forest fire control agency of any other 265 | |
| 332 | + | member state in combatting, controlling or preventing forest fires, it 266 | |
| 333 | + | shall be the duty of the state forest fire control agency of that state to 267 | |
| 334 | + | render all possible aid to the requesting agency which is consonant with 268 | |
| 335 | + | the maintenance of protection at home. 269 | |
| 336 | + | Each signatory state agrees to render aid to the Forest Service or other 270 | |
| 337 | + | agencies of the government of the United States in combatting, 271 Substitute Bill No. 238 | |
| 420 | 338 | ||
| 421 | - | Public Act No. 22-143 14 of 28 | |
| 422 | 339 | ||
| 423 | - | ARTICLE XIV | |
| 424 | - | This compact shall continue in force and remain binding on each state | |
| 425 | - | ratifying it until the legislature or the governor of such state takes action | |
| 426 | - | to withdraw therefrom. Such action shall not be effective until six | |
| 427 | - | months after notice thereof has been sent by the chief executive of the | |
| 428 | - | state desiring to withdraw to the chief executives of all states then | |
| 429 | - | parties to the compact. | |
| 430 | - | Sec. 7. Section 23-65g of the general statutes is repealed and the | |
| 431 | - | following is substituted in lieu thereof (Effective October 1, 2022): | |
| 432 | - | (a) There is established a Forest Practices Advisory Board consisting | |
| 433 | - | of the State Forester or [his] the State Forester's designee, and nine | |
| 434 | - | public members [, six of whom shall be appointed one each by the | |
| 435 | - | president pro tempore of the Senate, the majority leader of the Senate, | |
| 436 | - | the minority leader of the Senate, the speaker of the House of | |
| 437 | - | Representatives, the majority leader of the House of Representatives, | |
| 438 | - | the minority leader of the House of Representatives and three of whom | |
| 439 | - | shall be appointed by the Governor. The members appointed shall | |
| 440 | - | include a professional forester in private practice, a representative of the | |
| 441 | - | forest products industry, an officer of an environmental organization | |
| 442 | - | headquartered within the state which is concerned primarily with | |
| 443 | - | forests, a professor of forestry or natural resources from a college or | |
| 444 | - | university within the state, an owner of not less than ten nor more than | |
| 445 | - | two hundred fifty acres of forest land, a representative of an | |
| 446 | - | environmental organization not primarily concerned with forests and a | |
| 447 | - | member of an inland wetlands agency] appointed as follows: (1) Three | |
| 448 | - | by the Governor, one of whom shall be an officer of an environmental | |
| 449 | - | organization headquartered in the state that is concerned primarily with | |
| 450 | - | forests, one of whom shall be a representative of an environmental | |
| 451 | - | organization not primarily concerned with forests, and one of whom | |
| 452 | - | shall be a member of an inland wetlands agency; (2) one appointed by | |
| 453 | - | the speaker of the House of Representatives, who shall be an owner of Substitute Senate Bill No. 238 | |
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| 454 | 343 | ||
| 455 | - | Public Act No. 22-143 15 of 28 | |
| 344 | + | controlling or preventing forest fires in areas under their jurisdiction 272 | |
| 345 | + | located within the member state or a contiguous member state. 273 | |
| 346 | + | ARTICLE IX 274 | |
| 347 | + | Whenever the forces of any member state are rendering outside aid 275 | |
| 348 | + | pursuant to the request of another member state under this compact, the 276 | |
| 349 | + | employees of such state shall, under the direction of the officers of the 277 | |
| 350 | + | state to which they are rendering aid, have the same powers (except the 278 | |
| 351 | + | power of arrest), duties, rights, privileges and immunities as 279 | |
| 352 | + | comparable employees of the state to which they are rendering aid. 280 | |
| 353 | + | No member state or its officers or employees rendering outside aid 281 | |
| 354 | + | pursuant to this compact shall be liable on account of any act or 282 | |
| 355 | + | omission on the part of such forces while so engaged, or on account of 283 | |
| 356 | + | the maintenance or use of any equipment or supplies in connection 284 | |
| 357 | + | therewith. 285 | |
| 358 | + | All liability that may arise either under the laws of the requesting 286 | |
| 359 | + | state or under the laws of the aiding state or under the laws of a third 287 | |
| 360 | + | state on account of or in connection with a request for aid, shall be 288 | |
| 361 | + | assumed and borne by the requesting state. 289 | |
| 362 | + | Any member state rendering outside aid pursuant to this compact 290 | |
| 363 | + | shall be reimbursed by the member state receiving such aid for any loss 291 | |
| 364 | + | or damage to, or expense incurred in the operation of any equipment 292 | |
| 365 | + | answering a request for aid, and for the cost of all materials, 293 | |
| 366 | + | transportation, wages, salaries, and maintenance of employees and 294 | |
| 367 | + | equipment incurred in connection with such request. Provided, that 295 | |
| 368 | + | nothing herein contained shall prevent any assisting member state from 296 | |
| 369 | + | assuming such loss, damage, expense or other cost or from loaning such 297 | |
| 370 | + | equipment or from donating such services to the receiving member state 298 | |
| 371 | + | without charge or cost. 299 | |
| 372 | + | Each member state shall provide for the payment of compensation 300 | |
| 373 | + | and death benefits to injured employees and the representatives of 301 | |
| 374 | + | deceased employees in case employees sustain injuries or are killed 302 Substitute Bill No. 238 | |
| 456 | 375 | ||
| 457 | - | not less than ten but not more than two hundred fifty acres of forest | |
| 458 | - | land; (3) one appointed by president pro tempore of the Senate, who | |
| 459 | - | shall be a professional forester in private practice; (4) one appointed by | |
| 460 | - | the majority leader of the House of Representatives, who shall be a | |
| 461 | - | representative of the forest products industry; (5) one appointed by the | |
| 462 | - | majority leader of the Senate, who shall be a professor of forestry or | |
| 463 | - | natural resources from a college or university in the state; (6) one | |
| 464 | - | appointed by the minority leader of the House of Representatives, who | |
| 465 | - | shall be a member of the public; and (7) one appointed by the minority | |
| 466 | - | leader of the Senate, who shall be a member of the public. | |
| 467 | - | (b) [The appointed members of the initial board shall be appointed so | |
| 468 | - | that the terms of two members shall expire on December 31, 1993, the | |
| 469 | - | terms of two members shall expire on December 31, 1994, the terms of | |
| 470 | - | two members shall expire on December 31, 1995, and the term of one | |
| 471 | - | member shall expire on December 31, 1996.Thereafter, each] Each | |
| 472 | - | member shall be appointed for a term of four years. Vacancies on the | |
| 473 | - | board shall be filled [in the same manner as the original appointments] | |
| 474 | - | by the appointing authority, as provided in subsection (a) of this section. | |
| 475 | - | Each member of the board shall serve until [his] such member's | |
| 476 | - | successor is appointed, provided the term of any member serving as of | |
| 477 | - | October 1, 2022, shall expire on October 1, 2022. | |
| 478 | - | (c) The State Forester or [his] the State Forester's designee shall serve | |
| 479 | - | as chairman of the board. The board shall meet [at least] not less than | |
| 480 | - | three times, annually, at such time and place as shall be designated by | |
| 481 | - | the chairman, or upon the written request of a majority of the members | |
| 482 | - | of the board. A majority of the members shall constitute a quorum for | |
| 483 | - | the transaction of business. The principal office of the board shall be the | |
| 484 | - | State Forester's office. | |
| 485 | - | (d) Members of the board shall be entitled to reimbursement for | |
| 486 | - | travel expenses incurred in the performance of their duties. Substitute Senate Bill No. 238 | |
| 487 | 376 | ||
| 488 | - | Public Act No. 22-143 16 of 28 | |
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| 489 | 380 | ||
| 490 | - | (e) The Forest Practices Advisory Board shall have the following | |
| 491 | - | powers and duties: | |
| 492 | - | (1) To periodically review applicable regulations concerning forest | |
| 493 | - | practices or the certification of forest practitioners and to issue | |
| 494 | - | recommendations to the Commissioner of Energy and Environmental | |
| 495 | - | Protection for changes to such regulations; | |
| 496 | - | (2) To periodically review the programs and policies of the | |
| 497 | - | department regarding forests, forest health and forest practices and to | |
| 498 | - | issue recommendations to the commissioner for changes to such | |
| 499 | - | programs and policies; and | |
| 500 | - | (3) To provide advice and guidance to the commissioner regarding | |
| 501 | - | the certification of technically proficient forest practitioners and the | |
| 502 | - | revocation or suspension of such certification. | |
| 503 | - | Sec. 8. Subsection (c) of section 23-65h of the general statutes is | |
| 504 | - | repealed and the following is substituted in lieu thereof (Effective October | |
| 505 | - | 1, 2022): | |
| 506 | - | (c) An application for the certification as a forest practitioner shall be | |
| 507 | - | made to the Commissioner of Energy and Environmental Protection and | |
| 508 | - | shall contain such information regarding the applicant's qualifications | |
| 509 | - | and proposed operations and other relevant matters as the | |
| 510 | - | commissioner deems necessary. | |
| 511 | - | (1) The commissioner shall require the applicant for forester | |
| 512 | - | certification to demonstrate, upon examination, that [he] the applicant | |
| 513 | - | possesses adequate knowledge concerning the proper application of | |
| 514 | - | forest management techniques, the ecological and environmental | |
| 515 | - | consequences of harvesting activity and mitigating measures to be | |
| 516 | - | employed to minimize possible adverse impacts on environmental | |
| 517 | - | conditions within the harvest area. Substitute Senate Bill No. 238 | |
| 381 | + | while rendering outside aid pursuant to this compact, in the same 303 | |
| 382 | + | manner and on the same terms as if the injury or death were sustained 304 | |
| 383 | + | within such state. 305 | |
| 384 | + | For the purposes of this compact the term employee shall include any 306 | |
| 385 | + | volunteer or auxiliary legally included within the forest fire fighting 307 | |
| 386 | + | forces of the aiding state under the laws thereof. 308 | |
| 387 | + | The commission shall formulate procedures for claims and 309 | |
| 388 | + | reimbursement under the provisions of this article. 310 | |
| 389 | + | Aid by a member state to an area subject to federal jurisdiction 311 | |
| 390 | + | beyond the borders of such state shall not be required under this 312 | |
| 391 | + | compact unless substantially the same provisions of this article relative 313 | |
| 392 | + | to powers, liabilities, losses and expenses in connection with such aid 314 | |
| 393 | + | are embodied in federal laws. 315 | |
| 394 | + | The provisions of this article that relate to mutual aid in combating, 316 | |
| 395 | + | controlling or preventing forest fires shall be applicable to the provision 317 | |
| 396 | + | of such aid by any state that is party to this compact and any other state 318 | |
| 397 | + | that is party to a regional forest fire protection compact in another 319 | |
| 398 | + | region, provided the legislature of such other state assents to the mutual 320 | |
| 399 | + | aid provisions of this compact. 321 | |
| 400 | + | ARTICLE X 322 | |
| 401 | + | When appropriations for the support of this commission or for the 323 | |
| 402 | + | support of common services maintained by the commission or a section 324 | |
| 403 | + | thereof under the provisions of article V are necessary, the commission 325 | |
| 404 | + | or a section thereof shall allocate the costs among the states affected with 326 | |
| 405 | + | consideration of the amounts of forested land in those states that will 327 | |
| 406 | + | receive protection from the service to be rendered and the extent of the 328 | |
| 407 | + | forest fire problem involved in each state, and shall submit its 329 | |
| 408 | + | recommendations accordingly to the legislatures of the affected states. 330 | |
| 409 | + | The commission shall submit to the governor of each state, at such 331 | |
| 410 | + | time as he may request, a budget of its estimated expenditures for such 332 Substitute Bill No. 238 | |
| 518 | 411 | ||
| 519 | - | Public Act No. 22-143 17 of 28 | |
| 520 | 412 | ||
| 521 | - | (2) The commissioner shall require the applicant for supervising | |
| 522 | - | forest products harvester certification to demonstrate, upon | |
| 523 | - | examination, that [he] the applicant possesses adequate knowledge | |
| 524 | - | concerning techniques and procedures normally employed in the | |
| 525 | - | conduct and supervision of a harvest operation, the safe and | |
| 526 | - | environmentally responsible operation of harvesting equipment, and | |
| 527 | - | mitigating measures to be employed to minimize possible adverse | |
| 528 | - | impacts of harvesting activity on environmental conditions within the | |
| 529 | - | harvest area. | |
| 530 | - | (3) The commissioner shall require the applicant for forest products | |
| 531 | - | harvester certification to demonstrate, upon examination, that [he] the | |
| 532 | - | applicant possesses adequate knowledge concerning techniques and | |
| 533 | - | procedures normally employed in the conduct of a harvest operation | |
| 534 | - | and the safe and environmentally responsible operation of harvesting | |
| 535 | - | equipment, except that an applicant who demonstrates to the | |
| 536 | - | satisfaction of the commissioner that [he] the applicant has engaged in | |
| 537 | - | commercial forest practices at least once per year for the ten years | |
| 538 | - | immediately preceding October 1, 1991, shall be exempt from such | |
| 539 | - | examination requirement. | |
| 540 | - | (4) If the commissioner finds that the applicant is competent with | |
| 541 | - | respect to the required qualifications, including those provided in | |
| 542 | - | section 23-65o, [he] the commissioner shall certify the applicant to | |
| 543 | - | perform such forest practices as appropriate to the requested | |
| 544 | - | certification. The certification shall be valid for a period not to exceed | |
| 545 | - | five years and may be renewed by the commissioner with or without | |
| 546 | - | further examination. The commissioner may establish regulations for | |
| 547 | - | forest practitioner certification so that one-fifth of the certificates expire | |
| 548 | - | each year. The commissioner may certify a forest practitioner for less | |
| 549 | - | than five years and prorate the registration fee accordingly to | |
| 550 | - | implement the regulations established pursuant to this subsection. The | |
| 551 | - | commissioner may grant a sixty-day extension for any forest Substitute Senate Bill No. 238 | |
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| 552 | 416 | ||
| 553 | - | Public Act No. 22-143 18 of 28 | |
| 417 | + | period as may be required by the laws of such state for presentation to 333 | |
| 418 | + | the legislature thereof. 334 | |
| 419 | + | The commission shall keep accurate books of account, showing in full 335 | |
| 420 | + | its receipts and disbursements, and said books of account shall be open 336 | |
| 421 | + | at any reasonable time to the inspection of such representatives of the 337 | |
| 422 | + | respective signatory states as may be duly constituted for that purpose. 338 | |
| 423 | + | On or before the first day of December of each year, the commission 339 | |
| 424 | + | shall submit to the respective governors of the signatory states a full and 340 | |
| 425 | + | complete report of its activities for the preceding year. 341 | |
| 426 | + | ARTICLE XI 342 | |
| 427 | + | The representatives from any member state may appoint and consult 343 | |
| 428 | + | with an advisory committee composed of persons interested in forest 344 | |
| 429 | + | fire protection. 345 | |
| 430 | + | The commission may appoint and consult with an advisory 346 | |
| 431 | + | committee of representatives of all affected groups, private and 347 | |
| 432 | + | governmental. 348 | |
| 433 | + | ARTICLE XII 349 | |
| 434 | + | The commission may accept any and all donations, gifts and grants 350 | |
| 435 | + | of money, equipment, supplies, materials and services from the federal 351 | |
| 436 | + | or any local government, or any agency thereof and from any person, 352 | |
| 437 | + | firm or corporation, for any of its purposes and functions under this 353 | |
| 438 | + | compact, and may receive and utilize the same subject to the terms, 354 | |
| 439 | + | conditions and regulations governing such donations, gifts and grants. 355 | |
| 440 | + | ARTICLE XIII 356 | |
| 441 | + | Nothing in this compact shall be construed to authorize or permit any 357 | |
| 442 | + | member state to curtail or diminish its forest fire fighting forces, 358 | |
| 443 | + | equipment, services or facilities, and it shall be the duty and 359 | |
| 444 | + | responsibility of each member state to maintain adequate forest fire 360 Substitute Bill No. 238 | |
| 554 | 445 | ||
| 555 | - | practitioner who failed to submit a complete application for renewal | |
| 556 | - | prior to the expiration date of such forest practitioner's certification. | |
| 557 | - | Such forest practitioner shall submit a complete application for renewal | |
| 558 | - | not later than the end date of such sixty-day extension period. Any such | |
| 559 | - | renewed certification issued by the commissioner following such a | |
| 560 | - | sixty-day extension period shall not require reexamination by such | |
| 561 | - | forest practitioner prior to such issuance but shall require the | |
| 562 | - | submission of an additional fee, as determined by the commissioner. | |
| 563 | - | (5) If the commissioner finds that the applicant is not competent with | |
| 564 | - | respect to the requirements for the requested certification, the | |
| 565 | - | commissioner shall refuse to issue the applicant a certificate. The | |
| 566 | - | commissioner shall inform the applicant of the refusal in writing, giving | |
| 567 | - | the reasons for such refusal. Any person aggrieved by such refusal may, | |
| 568 | - | within thirty days from date of issuance of such denial, request a | |
| 569 | - | hearing before the commissioner, which hearing shall be conducted in | |
| 570 | - | accordance with chapter 54. | |
| 571 | - | (6) The commissioner may certify without examination any person | |
| 572 | - | who is certified in another state under a law which provides | |
| 573 | - | substantially similar qualifications for certification [and which grants | |
| 574 | - | similar privileges of certification without examination to residents of | |
| 575 | - | this state certified under the provisions of this section] or through | |
| 576 | - | examination by the Society of American Foresters, or a similar | |
| 577 | - | organization, that provides substantially similar qualifications for | |
| 578 | - | certification provided such person can demonstrate knowledge of the | |
| 579 | - | forestry laws of this state to the commissioner's satisfaction. | |
| 580 | - | (7) The commissioner may, by regulation, adopted in accordance | |
| 581 | - | with the provisions of chapter 54, prescribe fees for applicants to defray | |
| 582 | - | the cost of administering examinations and carrying out the provisions | |
| 583 | - | of this chapter. A state or municipal employee who engages in activities | |
| 584 | - | for which certification is required by this section solely as part of his | |
| 585 | - | employment shall be exempt from payment of a fee. Any certificate Substitute Senate Bill No. 238 | |
| 586 | 446 | ||
| 587 | - | Public Act No. 22-143 19 of 28 | |
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| 588 | 450 | ||
| 589 | - | issued to a state or municipal employee for which a fee has not been | |
| 590 | - | paid shall be void upon termination of such government employment. | |
| 591 | - | (8) The commissioner may require the display of a decal or other | |
| 592 | - | evidence, indicating that a commercial forest practitioner has met the | |
| 593 | - | requirements of sections 23-65f to 23-65o, inclusive, in a prominent place | |
| 594 | - | on any licensed motor vehicle used in the practitioner's operations. A | |
| 595 | - | fee may be charged to the certified practitioner to cover the cost of the | |
| 596 | - | decal or other evidence. | |
| 597 | - | (9) The commissioner shall require all forest practitioners certified | |
| 598 | - | under sections 23-65f to 23-65o, inclusive, to participate [biennially] in a | |
| 599 | - | relevant program of professional education to improve or maintain | |
| 600 | - | professional forestry skills that is sponsored by the Department of | |
| 601 | - | Energy and Environmental Protection, the New England Society of | |
| 602 | - | American Foresters, The University of Connecticut, Yale University or | |
| 603 | - | the Connecticut cooperative extension system, or participation in | |
| 604 | - | another program approved by the department. Participation in such | |
| 605 | - | professional education shall occur during the recertification cycle and | |
| 606 | - | be in accordance with the prescribed schedule set forth in regulations | |
| 607 | - | adopted pursuant to sections 23-65f to 23-65o, inclusive. | |
| 608 | - | Sec. 9. Section 23-65i of the general statutes is repealed and the | |
| 609 | - | following is substituted in lieu thereof (Effective October 1, 2022): | |
| 610 | - | (a) Each certified forester, except any state employee who engages in | |
| 611 | - | activities regulated by sections 23-65f to 23-65o, inclusive, solely as part | |
| 612 | - | of his employment, shall submit an annual report to the Commissioner | |
| 613 | - | of Energy and Environmental Protection on or before June first of each | |
| 614 | - | year in a form prescribed by the commissioner. Such report shall | |
| 615 | - | include, but not be limited to, the following information: | |
| 616 | - | (1) The number of forest management plans completed and acres | |
| 617 | - | covered by said plans; Substitute Senate Bill No. 238 | |
| 451 | + | fighting forces and equipment to meet normal demands for forest fire 361 | |
| 452 | + | protection within its borders. 362 | |
| 453 | + | Nothing in this compact shall be construed to limit or restrict the 363 | |
| 454 | + | powers of any state ratifying the same to provide for the prevention, 364 | |
| 455 | + | control and extinguishment of forest fires, or to prohibit the enactment 365 | |
| 456 | + | or enforcement of state laws, rules or regulations intended to aid in such 366 | |
| 457 | + | prevention, control and extinguishment in such state. 367 | |
| 458 | + | Nothing in this compact shall be construed to affect any existing or 368 | |
| 459 | + | future cooperative relationship or arrangement between the United 369 | |
| 460 | + | States Forest Service and a member state or states. 370 | |
| 461 | + | ARTICLE XIV 371 | |
| 462 | + | This compact shall continue in force and remain binding on each state 372 | |
| 463 | + | ratifying it until the legislature or the governor of such state takes action 373 | |
| 464 | + | to withdraw therefrom. Such action shall not be effective until six 374 | |
| 465 | + | months after notice thereof has been sent by the chief executive of the 375 | |
| 466 | + | state desiring to withdraw to the chief executives of all states then 376 | |
| 467 | + | parties to the compact. 377 | |
| 468 | + | Sec. 7. Section 23-65g of the general statutes is repealed and the 378 | |
| 469 | + | following is substituted in lieu thereof (Effective October 1, 2022): 379 | |
| 470 | + | (a) There is established a Forest Practices Advisory Board consisting 380 | |
| 471 | + | of the State Forester or [his] the State Forester's designee, and nine 381 | |
| 472 | + | public members [, six of whom shall be appointed one each by the 382 | |
| 473 | + | president pro tempore of the Senate, the majority leader of the Senate, 383 | |
| 474 | + | the minority leader of the Senate, the speaker of the House of 384 | |
| 475 | + | Representatives, the majority leader of the House of Representatives, 385 | |
| 476 | + | the minority leader of the House of Representatives and three of whom 386 | |
| 477 | + | shall be appointed by the Governor. The members appointed shall 387 | |
| 478 | + | include a professional forester in private practice, a representative of the 388 | |
| 479 | + | forest products industry, an officer of an environmental organization 389 | |
| 480 | + | headquartered within the state which is concerned primarily with 390 | |
| 481 | + | forests, a professor of forestry or natural resources from a college or 391 Substitute Bill No. 238 | |
| 618 | 482 | ||
| 619 | - | Public Act No. 22-143 20 of 28 | |
| 620 | 483 | ||
| 621 | - | (2) The number and type of timber stand improvements completed | |
| 622 | - | and acres so improved; | |
| 623 | - | (3) The number of acres planted in reforestation, afforestation and in | |
| 624 | - | Christmas tree plantations; | |
| 625 | - | (4) The number of commercial forest product sales, the total number | |
| 626 | - | of acres harvested in such sales, the type and total volumes of products | |
| 627 | - | generated by such sales and total annual expenditure for the purchase | |
| 628 | - | of such sales; | |
| 629 | - | (5) [Evidence] Attestation of [biennial] participation in a relevant | |
| 630 | - | program of professional education to improve or maintain professional | |
| 631 | - | forestry skills that is sponsored by the Department of Energy and | |
| 632 | - | Environmental Protection, the New England Society of American | |
| 633 | - | Foresters, The University of Connecticut, Yale University or the | |
| 634 | - | Connecticut cooperative extension system, or participation in another | |
| 635 | - | program approved by the department, provided proof of such | |
| 636 | - | participation shall be furnished to the commissioner upon request and | |
| 637 | - | be in accordance with the prescribed schedule set forth in regulations | |
| 638 | - | adopted pursuant to sections 23-65f to 23-65o, inclusive; and | |
| 639 | - | (6) Other information which the commissioner deems necessary. | |
| 640 | - | (b) Each certified supervising forest products harvester shall be | |
| 641 | - | required to submit an annual report to the Commissioner of Energy and | |
| 642 | - | Environmental Protection on or before June first of each year in a form | |
| 643 | - | prescribed by the commissioner. Such report shall include, but not be | |
| 644 | - | limited to, the following information: | |
| 645 | - | (1) The number of commercial forest product sales harvested, and the | |
| 646 | - | type and total volumes of products generated by such sales; | |
| 647 | - | (2) [Evidence] Attestation of [biennial] participation in a relevant | |
| 648 | - | program of professional education to improve or maintain forest Substitute Senate Bill No. 238 | |
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| 486 | + | 14 of 25 | |
| 649 | 487 | ||
| 650 | - | Public Act No. 22-143 21 of 28 | |
| 488 | + | university within the state, an owner of not less than ten nor more than 392 | |
| 489 | + | two hundred fifty acres of forest land, a representative of an 393 | |
| 490 | + | environmental organization not primarily concerned with forests and a 394 | |
| 491 | + | member of an inland wetlands agency] appointed as follows: (1) Three 395 | |
| 492 | + | by the Governor, one of whom shall be an officer of an environmental 396 | |
| 493 | + | organization headquartered in the state that is concerned primarily with 397 | |
| 494 | + | forests, one of whom shall be a representative of an environmental 398 | |
| 495 | + | organization not primarily concerned with forests, and one of whom 399 | |
| 496 | + | shall be a member of an inland wetlands agency; (2) one appointed by 400 | |
| 497 | + | the speaker of the House of Representatives, who shall be an owner of 401 | |
| 498 | + | not less than ten but not more than two hundred fifty acres of forest 402 | |
| 499 | + | land; (3) one appointed by president pro tempore of the Senate, who 403 | |
| 500 | + | shall be a professional forester in private practice; (4) one appointed by 404 | |
| 501 | + | the majority leader of the House of Representatives, who shall be a 405 | |
| 502 | + | representative of the forest products industry; (5) one appointed by the 406 | |
| 503 | + | majority leader of the Senate, who shall be a professor of forestry or 407 | |
| 504 | + | natural resources from a college or university in the state; (6) one 408 | |
| 505 | + | appointed by the minority leader of the House of Representatives, who 409 | |
| 506 | + | shall be a member of the public; and (7) one appointed by the minority 410 | |
| 507 | + | leader of the Senate, who shall be a member of the public. 411 | |
| 508 | + | (b) [The appointed members of the initial board shall be appointed so 412 | |
| 509 | + | that the terms of two members shall expire on December 31, 1993, the 413 | |
| 510 | + | terms of two members shall expire on December 31, 1994, the terms of 414 | |
| 511 | + | two members shall expire on December 31, 1995, and the term of one 415 | |
| 512 | + | member shall expire on December 31, 1996.Thereafter, each] Each 416 | |
| 513 | + | member shall be appointed for a term of four years. Vacancies on the 417 | |
| 514 | + | board shall be filled [in the same manner as the original appointments] 418 | |
| 515 | + | by the appointing authority, as provided in subsection (a) of this section. 419 | |
| 516 | + | Each member of the board shall serve until [his] such member's 420 | |
| 517 | + | successor is appointed, provided the term of any member serving as of 421 | |
| 518 | + | October 1, 2022, shall expire on October 1, 2022. 422 | |
| 519 | + | (c) The State Forester or [his] the State Forester's designee shall serve 423 | |
| 520 | + | as chairman of the board. The board shall meet [at least] not less than 424 Substitute Bill No. 238 | |
| 651 | 521 | ||
| 652 | - | products harvesting skills that is sponsored by the Department of | |
| 653 | - | Energy and Environmental Protection, the New England Society of | |
| 654 | - | American Foresters, the University of Connecticut, Yale University, the | |
| 655 | - | Connecticut cooperative extension system or is otherwise approved by | |
| 656 | - | the department, provided proof of such participation shall be furnished | |
| 657 | - | to the commissioner upon request and be in accordance with the | |
| 658 | - | prescribed schedule set forth in regulations adopted pursuant to | |
| 659 | - | sections 23-65f to 23-65o, inclusive; and | |
| 660 | - | (3) Other information which the commissioner deems necessary. | |
| 661 | - | (c) All certified forest products harvesters shall be required to submit | |
| 662 | - | to the Commissioner of Energy and Environmental Protection, on or | |
| 663 | - | before June first of each year, annual reports in a form prescribed by the | |
| 664 | - | commissioner. Such reports shall include, but not be limited to, the | |
| 665 | - | following information: | |
| 666 | - | (1) [Evidence] Attestation of [biennial] participation in a relevant | |
| 667 | - | program of professional education to improve or maintain forest | |
| 668 | - | products harvesting skills that is sponsored by the Department of | |
| 669 | - | Energy and Environmental Protection, the New England Society of | |
| 670 | - | American Foresters, The University of Connecticut, Yale University, the | |
| 671 | - | Connecticut cooperative extension system or is otherwise approved by | |
| 672 | - | the department, provided proof of such participation shall be furnished | |
| 673 | - | to the commissioner upon request and be in accordance with the | |
| 674 | - | prescribed schedule set forth in regulations adopted pursuant to | |
| 675 | - | sections 23-65f to 23-65o, inclusive; and | |
| 676 | - | (2) Other information the commissioner deems necessary. | |
| 677 | - | Sec. 10. Subsection (f) of section 22a-54 of the general statutes is | |
| 678 | - | repealed and the following is substituted in lieu thereof (Effective from | |
| 679 | - | passage): | |
| 680 | - | (f) (1) The commissioner may by regulation adopted in accordance Substitute Senate Bill No. 238 | |
| 681 | 522 | ||
| 682 | - | Public Act No. 22-143 22 of 28 | |
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| 683 | 526 | ||
| 684 | - | with the provisions of chapter 54 prescribe fees for applicants to defray | |
| 685 | - | the cost of administering examinations and assisting in carrying out the | |
| 686 | - | purposes of section 22a-451, except the fees for certification and renewal | |
| 687 | - | of a certification shall be as follows: [(1)] (A) For supervisory | |
| 688 | - | certification as a commercial applicator, two hundred eighty-five | |
| 689 | - | dollars; [(2)] (B) for operational certification as a commercial applicator, | |
| 690 | - | eighty dollars; [,] and [(3)] (C) for certification as a private applicator, | |
| 691 | - | one hundred dollars. A federal, state or municipal employee who | |
| 692 | - | applies pesticides solely as part of his employment shall be exempt from | |
| 693 | - | payment of a fee. Any certificate issued to a federal, state or municipal | |
| 694 | - | employee for which a fee has not been paid shall be void if the holder | |
| 695 | - | leaves government employment. The fees collected in accordance with | |
| 696 | - | this section shall be deposited in the General Fund. | |
| 697 | - | (2) Not less than sixty days before the date of expiration of a | |
| 698 | - | certification, the commissioner shall provide notice of expiration and a | |
| 699 | - | renewal application to each holder of a certification. If a signed renewal | |
| 700 | - | application accompanied by the applicable renewal fee is not received | |
| 701 | - | by the commissioner on or before midnight of the expiration date, or if | |
| 702 | - | the expiration date is a Saturday, Sunday or a legal holiday, on or before | |
| 703 | - | midnight of the next business day, the certification shall automatically | |
| 704 | - | lapse. Failure of a holder of a certification to receive a notice of | |
| 705 | - | expiration and renewal application shall not prevent a lapse of a | |
| 706 | - | certification. | |
| 707 | - | (3) The commissioner may renew any certification issued pursuant to | |
| 708 | - | this section for the holder of a certification that has lapsed less than one | |
| 709 | - | year, provided the holder of such certification submits to the | |
| 710 | - | commissioner a signed renewal application, payment of the applicable | |
| 711 | - | renewal fee and any late fee. Such late fee shall be calculated as follows: | |
| 712 | - | Beginning on the first day that such certification lapses, ten per cent of | |
| 713 | - | the applicable renewal fee plus one and one-quarter per cent per month, | |
| 714 | - | or part thereof, for a period not to exceed one year. Any holder of a Substitute Senate Bill No. 238 | |
| 527 | + | three times, annually, at such time and place as shall be designated by 425 | |
| 528 | + | the chairman, or upon the written request of a majority of the members 426 | |
| 529 | + | of the board. A majority of the members shall constitute a quorum for 427 | |
| 530 | + | the transaction of business. The principal office of the board shall be the 428 | |
| 531 | + | State Forester's office. 429 | |
| 532 | + | (d) Members of the board shall be entitled to reimbursement for 430 | |
| 533 | + | travel expenses incurred in the performance of their duties. 431 | |
| 534 | + | (e) The Forest Practices Advisory Board shall have the following 432 | |
| 535 | + | powers and duties: 433 | |
| 536 | + | (1) To periodically review applicable regulations concerning forest 434 | |
| 537 | + | practices or the certification of forest practitioners and to issue 435 | |
| 538 | + | recommendations to the Commissioner of Energy and Environmental 436 | |
| 539 | + | Protection for changes to such regulations; 437 | |
| 540 | + | (2) To periodically review the programs and policies of the 438 | |
| 541 | + | department regarding forests, forest health and forest practices and to 439 | |
| 542 | + | issue recommendations to the commissioner for changes to such 440 | |
| 543 | + | programs and policies; and 441 | |
| 544 | + | (3) To provide advice and guidance to the commissioner regarding 442 | |
| 545 | + | the certification of technically proficient forest practitioners and the 443 | |
| 546 | + | revocation or suspension of such certification. 444 | |
| 547 | + | Sec. 8. Subsection (c) of section 23-65h of the general statutes is 445 | |
| 548 | + | repealed and the following is substituted in lieu thereof (Effective October 446 | |
| 549 | + | 1, 2022): 447 | |
| 550 | + | (c) An application for the certification as a forest practitioner shall be 448 | |
| 551 | + | made to the Commissioner of Energy and Environmental Protection and 449 | |
| 552 | + | shall contain such information regarding the applicant's qualifications 450 | |
| 553 | + | and proposed operations and other relevant matters as the 451 | |
| 554 | + | commissioner deems necessary. 452 | |
| 555 | + | (1) The commissioner shall require the applicant for forester 453 Substitute Bill No. 238 | |
| 715 | 556 | ||
| 716 | - | Public Act No. 22-143 23 of 28 | |
| 717 | 557 | ||
| 718 | - | certification that has lapsed one year or more shall be examined in | |
| 719 | - | accordance with the requirements of this section and any regulation | |
| 720 | - | adopted pursuant to the provisions of this section. | |
| 721 | - | Sec. 11. Subsection (g) of section 22a-50 of the general statutes is | |
| 722 | - | repealed and the following is substituted in lieu thereof (Effective January | |
| 723 | - | 1, 2023): | |
| 724 | - | (g) The registrant shall pay a fee of [nine hundred forty dollars] one | |
| 725 | - | hundred eighty-eight dollars per calendar year, or any portion thereof, | |
| 726 | - | for each pesticide registered and for each renewal of a registration. [A | |
| 727 | - | registration shall expire after five years.] The commissioner may register | |
| 728 | - | a pesticide for a period of one year or a period of five years. For such | |
| 729 | - | five-year registrations, the commissioner shall establish regulations to | |
| 730 | - | phase in pesticide registration so that one fifth of the pesticides | |
| 731 | - | registered expire each year. The commissioner may register a pesticide | |
| 732 | - | for less than five years and prorate the registration fee accordingly to | |
| 733 | - | implement the regulations established pursuant to this subsection. The | |
| 734 | - | fees collected in accordance with this section shall be deposited in the | |
| 735 | - | General Fund. | |
| 736 | - | Sec. 12. Section 22a-152 of the 2022 supplement to the general statutes | |
| 737 | - | is repealed and the following is substituted in lieu thereof (Effective | |
| 738 | - | October 1, 2022): | |
| 739 | - | The Governor, on behalf of this state, is authorized to enter into | |
| 740 | - | agreements with the [government of the United States] United States | |
| 741 | - | Nuclear Regulatory Commission providing for [relinquishment] | |
| 742 | - | discontinuance of certain of the programs of the government of the | |
| 743 | - | United States with respect to sources of ionizing radiation and the | |
| 744 | - | assumption thereof by this state, as provided for in the Atomic Energy | |
| 745 | - | Act of 1954, as amended. | |
| 746 | - | Sec. 13. Section 22a-153 of the general statutes is amended by adding Substitute Senate Bill No. 238 | |
| 558 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00238- | |
| 559 | + | R02-SB.docx } | |
| 560 | + | 16 of 25 | |
| 747 | 561 | ||
| 748 | - | Public Act No. 22-143 24 of 28 | |
| 562 | + | certification to demonstrate, upon examination, that [he] the applicant 454 | |
| 563 | + | possesses adequate knowledge concerning the proper application of 455 | |
| 564 | + | forest management techniques, the ecological and environmental 456 | |
| 565 | + | consequences of harvesting activity and mitigating measures to be 457 | |
| 566 | + | employed to minimize possible adverse impacts on environmental 458 | |
| 567 | + | conditions within the harvest area. 459 | |
| 568 | + | (2) The commissioner shall require the applicant for supervising 460 | |
| 569 | + | forest products harvester certification to demonstrate, upon 461 | |
| 570 | + | examination, that [he] the applicant possesses adequate knowledge 462 | |
| 571 | + | concerning techniques and procedures normally employed in the 463 | |
| 572 | + | conduct and supervision of a harvest operation, the safe and 464 | |
| 573 | + | environmentally responsible operation of harvesting equipment, and 465 | |
| 574 | + | mitigating measures to be employed to minimize possible adverse 466 | |
| 575 | + | impacts of harvesting activity on environmental conditions within the 467 | |
| 576 | + | harvest area. 468 | |
| 577 | + | (3) The commissioner shall require the applicant for forest products 469 | |
| 578 | + | harvester certification to demonstrate, upon examination, that [he] the 470 | |
| 579 | + | applicant possesses adequate knowledge concerning techniques and 471 | |
| 580 | + | procedures normally employed in the conduct of a harvest operation 472 | |
| 581 | + | and the safe and environmentally responsible operation of harvesting 473 | |
| 582 | + | equipment, except that an applicant who demonst rates to the 474 | |
| 583 | + | satisfaction of the commissioner that [he] the applicant has engaged in 475 | |
| 584 | + | commercial forest practices at least once per year for the ten years 476 | |
| 585 | + | immediately preceding October 1, 1991, shall be exempt from such 477 | |
| 586 | + | examination requirement. 478 | |
| 587 | + | (4) If the commissioner finds that the applicant is competent with 479 | |
| 588 | + | respect to the required qualifications, including those provided in 480 | |
| 589 | + | section 23-65o, [he] the commissioner shall certify the applicant to 481 | |
| 590 | + | perform such forest practices as appropriate to the requested 482 | |
| 591 | + | certification. The certification shall be valid for a period not to exceed 483 | |
| 592 | + | five years and may be renewed by the commissioner with or without 484 | |
| 593 | + | further examination. The commissioner may establish regulations for 485 | |
| 594 | + | forest practitioner certification so that one-fifth of the certificates expire 486 Substitute Bill No. 238 | |
| 749 | 595 | ||
| 750 | - | subsection (g) as follows (Effective from passage): | |
| 751 | - | (NEW) (g) This section shall not be construed to confer authority to | |
| 752 | - | regulate materials or activities reserved to the United States Nuclear | |
| 753 | - | Regulatory Commission under 42 USC 2021(c) and 10 CFR Part 150. | |
| 754 | - | Sec. 14. Section 22a-154 of the general statutes is amended by adding | |
| 755 | - | subsection (d) as follows (Effective from passage): | |
| 756 | - | (NEW) (d) Any person that has a license prior to the effective date of | |
| 757 | - | an agreement pursuant to section 22a-152, as amended by this act, from | |
| 758 | - | the federal government or agreement state relating to by-product | |
| 759 | - | material, source material or special nuclear material and which license | |
| 760 | - | will be subject to the control of this state upon the effective date of such | |
| 761 | - | agreement, shall be considered to have a like license with this state until | |
| 762 | - | the expiration date specified in such license from the federal | |
| 763 | - | government or agreement state or until the end of the ninetieth day after | |
| 764 | - | such person receives notice from the Department of Energy and | |
| 765 | - | Environmental Protection that such license will be deemed expired. | |
| 766 | - | Sec. 15. Section 16a-102 of the general statutes is amended by adding | |
| 767 | - | subsection (e) as follows (Effective from passage): | |
| 768 | - | (NEW) (e) The commissioner may enter into any agreement with the | |
| 769 | - | United States Nuclear Regulatory Commission pursuant to Section 274i | |
| 770 | - | of the Atomic Energy Act of 1954, as amended, or any other federal | |
| 771 | - | government agency, state or interstate agency for the state to perform | |
| 772 | - | on a cooperative basis with such commission, other federal government | |
| 773 | - | agency, state or interstate agency, as applicable, inspections or other | |
| 774 | - | functions relating to the control of sources of radiation. | |
| 775 | - | Sec. 16. Subdivisions (1) and (2) of subsection (a) of section 22a-6b of | |
| 776 | - | the general statutes are repealed and the following is substituted in lieu | |
| 777 | - | thereof (Effective from passage): Substitute Senate Bill No. 238 | |
| 778 | 596 | ||
| 779 | - | Public Act No. 22-143 25 of 28 | |
| 597 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00238- | |
| 598 | + | R02-SB.docx } | |
| 599 | + | 17 of 25 | |
| 780 | 600 | ||
| 781 | - | (1) For failure to file any registration, other than a registration for a | |
| 782 | - | general permit, for failure to file any plan, report or record, or any | |
| 783 | - | application for a permit, for failure to obtain any certification, for failure | |
| 784 | - | to display any registration, permit or order, or file any other information | |
| 785 | - | required pursuant to any provision of section 14-100b or 14-164c, | |
| 786 | - | subdivision (3) of subsection (b) of section 15-121, section 15-171, 15-172, | |
| 787 | - | 15-175, 22a-5, 22a-6, 22a-7, 22a-32, 22a-39 or 22a-42a, 22a-45a, chapter | |
| 788 | - | 441, sections 22a-134 to 22a-134d, inclusive, subsection (b) of section 22a- | |
| 789 | - | 134p, sections 22a-148 to 22a-162a, inclusive, section 22a-171, 22a-174, as | |
| 790 | - | amended by this act, 22a-175, 22a-177, 22a-178, 22a-181, 22a-183, 22a- | |
| 791 | - | 184, 22a-208, 22a-208a, 22a-209, 22a-213, 22a-220, 22a-231, 22a-245a, 22a- | |
| 792 | - | 336, 22a-342, 22a-345, 22a-346, 22a-347, 22a-349a, 22a-354p, 22a-358, 22a- | |
| 793 | - | 359, 22a-361, 22a-362, 22a-368, 22a-401 to 22a-405, inclusive, 22a-411, | |
| 794 | - | 22a-411a, 22a-416, as amended by this act, 22a-417, 22a-424 to 22a-433, | |
| 795 | - | inclusive, 22a-447, 22a-449, 22a-450, 22a-451, 22a-454, 22a-458, 22a-461, | |
| 796 | - | 22a-462 or 22a-471, or any regulation, order or permit adopted or issued | |
| 797 | - | thereunder by the commissioner, and for other violations of similar | |
| 798 | - | character as set forth in such schedule or schedules, no more than one | |
| 799 | - | thousand dollars for said violation and in addition no more than one | |
| 800 | - | hundred dollars for each day during which such violation continues; | |
| 801 | - | (2) For deposit, placement, removal, disposal, discharge or emission | |
| 802 | - | of any material or substance or electromagnetic radiation or the causing | |
| 803 | - | of, engaging in or maintaining of any condition or activity in violation | |
| 804 | - | of any provision of section 14-100b or 14-164c, subdivision (3) of | |
| 805 | - | subsection (b) of section 15-121, section 15-171, 15-172, 15-175, 22a-5, | |
| 806 | - | 22a-6, 22a-7, 22a-32, 22a-39 or 22a-42a, 22a-45a, chapter 441, sections 22a- | |
| 807 | - | 134 to 22a-134d, inclusive, section 22a-69 or 22a-74, subsection (b) of | |
| 808 | - | section 22a-134p, sections 22a-148 to 22a-162a, inclusive, section 22a-162, | |
| 809 | - | 22a-171, 22a-174, as amended by this act, 22a-175, 22a-177, 22a-178, 22a- | |
| 810 | - | 181, 22a-183, 22a-184, 22a-190, 22a-208, 22a-208a, 22a-209, 22a-213, 22a- | |
| 811 | - | 220, 22a-336, 22a-342, 22a-345, 22a-346, 22a-347, 22a-349a, 22a-354p, 22a- | |
| 812 | - | 358, 22a-359, 22a-361, 22a-362, 22a-368, 22a-401 to 22a-405, inclusive, Substitute Senate Bill No. 238 | |
| 601 | + | each year. The commissioner may certify a forest practitioner for less 487 | |
| 602 | + | than five years and prorate the registration fee accordingly to 488 | |
| 603 | + | implement the regulations established pursuant to this subsection. The 489 | |
| 604 | + | commissioner may grant a sixty-day extension for any forest 490 | |
| 605 | + | practitioner who failed to submit a complete application for renewal 491 | |
| 606 | + | prior to the expiration date of such forest practitioner's certification. 492 | |
| 607 | + | Such forest practitioner shall submit a complete application for renewal 493 | |
| 608 | + | not later than the end date of such sixty-day extension period. Any such 494 | |
| 609 | + | renewed certification issued by the commissioner following such a 495 | |
| 610 | + | sixty-day extension period shall not require reexamination by such 496 | |
| 611 | + | forest practitioner prior to such issuance but shall require the 497 | |
| 612 | + | submission of an additional fee, as determined by the commissioner. 498 | |
| 613 | + | (5) If the commissioner finds that the applicant is not competent with 499 | |
| 614 | + | respect to the requirements for the requested certification, the 500 | |
| 615 | + | commissioner shall refuse to issue the applicant a certificate. The 501 | |
| 616 | + | commissioner shall inform the applicant of the refusal in writing, giving 502 | |
| 617 | + | the reasons for such refusal. Any person aggrieved by such refusal may, 503 | |
| 618 | + | within thirty days from date of issuance of such denial, request a 504 | |
| 619 | + | hearing before the commissioner, which hearing shall be conducted in 505 | |
| 620 | + | accordance with chapter 54. 506 | |
| 621 | + | (6) The commissioner may certify without examination any person 507 | |
| 622 | + | who is certified in another state under a law which provides 508 | |
| 623 | + | substantially similar qualifications for certification [and which grants 509 | |
| 624 | + | similar privileges of certification without examination to residents of 510 | |
| 625 | + | this state certified under the provisions of this section] or through 511 | |
| 626 | + | examination by the Society of American Foresters, or a similar 512 | |
| 627 | + | organization, that provides substantially similar qualifications for 513 | |
| 628 | + | certification provided such person can demonstrate knowledge of the 514 | |
| 629 | + | forestry laws of this state to the commissioner's satisfaction. 515 | |
| 630 | + | (7) The commissioner may, by regulation, adopted in accordance 516 | |
| 631 | + | with the provisions of chapter 54, prescribe fees for applicants to defray 517 | |
| 632 | + | the cost of administering examinations and carrying out the provisions 518 | |
| 633 | + | of this chapter. A state or municipal employee who engages in activities 519 Substitute Bill No. 238 | |
| 813 | 634 | ||
| 814 | - | Public Act No. 22-143 26 of 28 | |
| 815 | 635 | ||
| 816 | - | 22a-411, 22a-411a, 22a-416, as amended by this act, 22a-417, 22a-424 to | |
| 817 | - | 22a-433, inclusive, 22a-447, 22a-449, 22a-450, 22a-451, 22a-454, 22a-458, | |
| 818 | - | 22a-461, 22a-462 or 22a-471, or any regulation, order or permit adopted | |
| 819 | - | thereunder by the commissioner, and for other violations of similar | |
| 820 | - | character as set forth in such schedule or schedules, no more than | |
| 821 | - | twenty-five thousand dollars for said violation for each day during | |
| 822 | - | which such violation continues; | |
| 823 | - | Sec. 17. (NEW) (Effective from passage) (a) Not later than August 1, | |
| 824 | - | 2022, the Commissioner of Energy and Environmental Protection shall | |
| 825 | - | develop, finalize and publish on the Department of Energy and | |
| 826 | - | Environmental Protection's Internet web site a hazardous tree | |
| 827 | - | mitigation policy that shall apply to the designation, removal and | |
| 828 | - | mitigation of trees located in state parks and campgrounds that are | |
| 829 | - | determined to be hazardous by the Department of Energy and | |
| 830 | - | Environmental Protection. Such policy shall include criteria for the | |
| 831 | - | designation of a tree as hazardous by the department and the scope of | |
| 832 | - | applicability for procedures for such designation, removal and | |
| 833 | - | mitigation, including, but not limited to, (1) department consultation of | |
| 834 | - | a licensed arborist prior to the designation and removal or mitigation of | |
| 835 | - | any such hazardous tree; (2) advance notification to the public of the | |
| 836 | - | department's hazardous tree removal activities, including, but not | |
| 837 | - | limited to, signage and publication of information on the Department of | |
| 838 | - | Energy and Environmental Protection's Internet web site; and (3) | |
| 839 | - | consideration of replanting and other relevant improvements to offset | |
| 840 | - | the aesthetic or ecological value provided by any hazardous tree that is | |
| 841 | - | removed. Such policy shall also include provisions for: (A) The | |
| 842 | - | maintenance of public safety, (B) ecological and natural resource | |
| 843 | - | protection, (C) practices for transparency and public engagement in the | |
| 844 | - | process of such designation, removal and mitigation, (D) effective | |
| 845 | - | stewardship of department resources, (E) public access to outdoor | |
| 846 | - | recreation, (F) fire suppression or protection efforts, (G) state park | |
| 847 | - | maintenance and repairs, (H) decorative pruning, (I) trail maintenance, Substitute Senate Bill No. 238 | |
| 636 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00238- | |
| 637 | + | R02-SB.docx } | |
| 638 | + | 18 of 25 | |
| 848 | 639 | ||
| 849 | - | Public Act No. 22-143 27 of 28 | |
| 640 | + | for which certification is required by this section solely as part of his 520 | |
| 641 | + | employment shall be exempt from payment of a fee. Any certificate 521 | |
| 642 | + | issued to a state or municipal employee for which a fee has not been 522 | |
| 643 | + | paid shall be void upon termination of such government employment. 523 | |
| 644 | + | (8) The commissioner may require the display of a decal or other 524 | |
| 645 | + | evidence, indicating that a commercial forest practitioner has met the 525 | |
| 646 | + | requirements of sections 23-65f to 23-65o, inclusive, in a prominent place 526 | |
| 647 | + | on any licensed motor vehicle used in the practitioner's operations. A 527 | |
| 648 | + | fee may be charged to the certified practitioner to cover the cost of the 528 | |
| 649 | + | decal or other evidence. 529 | |
| 650 | + | (9) The commissioner shall require all forest practitioners certified 530 | |
| 651 | + | under sections 23-65f to 23-65o, inclusive, to participate [biennially] in a 531 | |
| 652 | + | relevant program of professional education to improve or maintain 532 | |
| 653 | + | professional forestry skills that is sponsored by the Department of 533 | |
| 654 | + | Energy and Environmental Protection, the New England Society of 534 | |
| 655 | + | American Foresters, The University of Connecticut, Yale University or 535 | |
| 656 | + | the Connecticut cooperative extension system, or participation in 536 | |
| 657 | + | another program approved by the department. Participation in such 537 | |
| 658 | + | professional education shall occur during the recertification cycle and 538 | |
| 659 | + | be in accordance with the prescribed schedule set forth in regulations 539 | |
| 660 | + | adopted pursuant to sections 23-65f to 23-65o, inclusive. 540 | |
| 661 | + | Sec. 9. Section 23-65i of the general statutes is repealed and the 541 | |
| 662 | + | following is substituted in lieu thereof (Effective October 1, 2022): 542 | |
| 663 | + | (a) Each certified forester, except any state employee who engages in 543 | |
| 664 | + | activities regulated by sections 23-65f to 23-65o, inclusive, solely as part 544 | |
| 665 | + | of his employment, shall submit an annual report to the Commissioner 545 | |
| 666 | + | of Energy and Environmental Protection on or before June first of each 546 | |
| 667 | + | year in a form prescribed by the commissioner. Such report shall 547 | |
| 668 | + | include, but not be limited to, the following information: 548 | |
| 669 | + | (1) The number of forest management plans completed and acres 549 | |
| 670 | + | covered by said plans; 550 Substitute Bill No. 238 | |
| 850 | 671 | ||
| 851 | - | (J) post-storm impact mitigation or clean-up, and (K) removal of | |
| 852 | - | invasive species. For the purposes of this section, "arborist" has the same | |
| 853 | - | meaning as provided in section 23-61a of the general statutes. | |
| 854 | - | (b) The Department of Energy and Environmental Protection shall | |
| 855 | - | implement a tree replanting demonstration project at Housatonic | |
| 856 | - | Meadows State Park, in consultation with state park or forest advocacy | |
| 857 | - | groups or organizations. | |
| 858 | - | (c) Not later than December 1, 2022, the Commissioner of Energy and | |
| 859 | - | Environmental Protection shall submit a report, in accordance with | |
| 860 | - | section 11-4a of the general statutes, to the joint standing committee of | |
| 861 | - | the General Assembly having cognizance of matters relating to the | |
| 862 | - | environment on state park and campground tree replanting strategies | |
| 863 | - | for removed hazardous trees and any associated funding needs. | |
| 864 | - | Sec. 18. Subdivision (8) of section 12-107b of the 2022 supplement to | |
| 865 | - | the general statutes is repealed and the following is substituted in lieu | |
| 866 | - | thereof (Effective from passage): | |
| 867 | - | (8) The term "maritime heritage land" means that portion of | |
| 868 | - | waterfront real property owned by a licensed shellstock shipper who | |
| 869 | - | grows or harvests shellstock, aquaculture operator or commercial | |
| 870 | - | lobster fisherman licensed pursuant to title 26, when such portion of | |
| 871 | - | such property is used by such shellstock shipper, aquaculture operator | |
| 872 | - | or fisherman for shellfishing, aquaculture or commercial lobstering | |
| 873 | - | purposes, provided in the tax year of the owner ending immediately | |
| 874 | - | prior to any assessment date with respect to which application is | |
| 875 | - | submitted pursuant to section 12-107g, not less than fifty per cent of the | |
| 876 | - | adjusted gross income of such shellstock shipper, aquaculture operator | |
| 877 | - | or fisherman, as determined for purposes of the federal income tax, is | |
| 878 | - | derived from commercial shellfishing, aquaculture or lobster fishing, | |
| 879 | - | subject to proof satisfactory to the assessor in the town in which such | |
| 880 | - | application is submitted. "Maritime heritage land" does not include Substitute Senate Bill No. 238 | |
| 881 | 672 | ||
| 882 | - | Public Act No. 22-143 28 of 28 | |
| 673 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00238- | |
| 674 | + | R02-SB.docx } | |
| 675 | + | 19 of 25 | |
| 883 | 676 | ||
| 884 | - | buildings not used exclusively by such shellstock shipper, aquaculture | |
| 885 | - | operator or fisherman for commercial shellfishing, aquaculture or | |
| 886 | - | lobstering purposes. | |
| 887 | - | Sec. 19. Subsection (c) of section 22a-244b of the 2022 supplement to | |
| 888 | - | the general statutes is repealed and the following is substituted in lieu | |
| 889 | - | thereof (Effective from passage): | |
| 890 | - | (c) On April 1, 2022, and every six months thereafter, payment shall | |
| 891 | - | be remitted by each wholesaler to every municipality where any such | |
| 892 | - | beverage container was sold during the preceding six-month period by | |
| 893 | - | such wholesaler, provided any such payment remitted to a municipality | |
| 894 | - | by the last day of April or October, as applicable, shall be deemed timely | |
| 895 | - | and in compliance with the provisions of this subsection. Such payment | |
| 896 | - | shall be at the rate of five cents for every such beverage container sold | |
| 897 | - | within such municipality by such wholesaler. Concomitant with any | |
| 898 | - | payment made by a wholesaler to a municipality pursuant to this | |
| 899 | - | subsection, such wholesaler shall file a report with the Department of | |
| 900 | - | Revenue Services and the Department of Consumer Protection's Liquor | |
| 901 | - | Control Division, detailing the number of such beverage containers sold | |
| 902 | - | in each municipality by such wholesaler in the preceding six-month | |
| 903 | - | period. | |
| 677 | + | (2) The number and type of timber stand improvements completed 551 | |
| 678 | + | and acres so improved; 552 | |
| 679 | + | (3) The number of acres planted in reforestation, afforestation and in 553 | |
| 680 | + | Christmas tree plantations; 554 | |
| 681 | + | (4) The number of commercial forest product sales, the total number 555 | |
| 682 | + | of acres harvested in such sales, the type and total volumes of products 556 | |
| 683 | + | generated by such sales and total annual expenditure for the purchase 557 | |
| 684 | + | of such sales; 558 | |
| 685 | + | (5) [Evidence] Attestation of [biennial] participation in a relevant 559 | |
| 686 | + | program of professional education to improve or maintain professional 560 | |
| 687 | + | forestry skills that is sponsored by the Department of Energy and 561 | |
| 688 | + | Environmental Protection, the New England Society of American 562 | |
| 689 | + | Foresters, The University of Connecticut, Yale University or the 563 | |
| 690 | + | Connecticut cooperative extension system, or participation in another 564 | |
| 691 | + | program approved by the department, provided proof of such 565 | |
| 692 | + | participation shall be furnished to the commissioner upon request and 566 | |
| 693 | + | be in accordance with the prescribed schedule set forth in regulations 567 | |
| 694 | + | adopted pursuant to sections 23-65f to 23-65o, inclusive; and 568 | |
| 695 | + | (6) Other information which the commissioner deems necessary. 569 | |
| 696 | + | (b) Each certified supervising forest products harvester shall be 570 | |
| 697 | + | required to submit an annual report to the Commissioner of Energy and 571 | |
| 698 | + | Environmental Protection on or before June first of each year in a form 572 | |
| 699 | + | prescribed by the commissioner. Such report shall include, but not be 573 | |
| 700 | + | limited to, the following information: 574 | |
| 701 | + | (1) The number of commercial forest product sales harvested, and the 575 | |
| 702 | + | type and total volumes of products generated by such sales; 576 | |
| 703 | + | (2) [Evidence] Attestation of [biennial] participation in a relevant 577 | |
| 704 | + | program of professional education to improve or maintain forest 578 | |
| 705 | + | products harvesting skills that is sponsored by the Department of 579 | |
| 706 | + | Energy and Environmental Protection, the New England Society of 580 Substitute Bill No. 238 | |
| 707 | + | ||
| 708 | + | ||
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| 711 | + | 20 of 25 | |
| 712 | + | ||
| 713 | + | American Foresters, the University of Connecticut, Yale University, the 581 | |
| 714 | + | Connecticut cooperative extension system or is otherwise approved by 582 | |
| 715 | + | the department, provided proof of such participation shall be furnished 583 | |
| 716 | + | to the commissioner upon request and be in accordance with the 584 | |
| 717 | + | prescribed schedule set forth in regulations adopted pursuant to 585 | |
| 718 | + | sections 23-65f to 23-65o, inclusive; and 586 | |
| 719 | + | (3) Other information which the commissioner deems necessary. 587 | |
| 720 | + | (c) All certified forest products harvesters shall be required to submit 588 | |
| 721 | + | to the Commissioner of Energy and Environmental Protection, on or 589 | |
| 722 | + | before June first of each year, annual reports in a form prescribed by the 590 | |
| 723 | + | commissioner. Such reports shall include, but not be limited to, the 591 | |
| 724 | + | following information: 592 | |
| 725 | + | (1) [Evidence] Attestation of [biennial] participation in a relevant 593 | |
| 726 | + | program of professional education to improve or maintain forest 594 | |
| 727 | + | products harvesting skills that is sponsored by the Department of 595 | |
| 728 | + | Energy and Environmental Protection, the New England Society of 596 | |
| 729 | + | American Foresters, The University of Connecticut, Yale University, the 597 | |
| 730 | + | Connecticut cooperative extension system or is otherwise approved by 598 | |
| 731 | + | the department, provided proof of such participation shall be furnished 599 | |
| 732 | + | to the commissioner upon request and be in accordance with the 600 | |
| 733 | + | prescribed schedule set forth in regulations adopted pursuant to 601 | |
| 734 | + | sections 23-65f to 23-65o, inclusive; and 602 | |
| 735 | + | (2) Other information the commissioner deems necessary. 603 | |
| 736 | + | Sec. 10. Subsection (f) of section 22a-54 of the general statutes is 604 | |
| 737 | + | repealed and the following is substituted in lieu thereof (Effective from 605 | |
| 738 | + | passage): 606 | |
| 739 | + | (f) (1) The commissioner may by regulation adopted in accordance 607 | |
| 740 | + | with the provisions of chapter 54 prescribe fees for applicants to defray 608 | |
| 741 | + | the cost of administering examinations and assisting in carrying out the 609 | |
| 742 | + | purposes of section 22a-451, except the fees for certification and renewal 610 | |
| 743 | + | of a certification shall be as follows: [(1)] (A) For supervisory 611 Substitute Bill No. 238 | |
| 744 | + | ||
| 745 | + | ||
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| 748 | + | 21 of 25 | |
| 749 | + | ||
| 750 | + | certification as a commercial applicator, two hundred eighty-five 612 | |
| 751 | + | dollars; [(2)] (B) for operational certification as a commercial applicator, 613 | |
| 752 | + | eighty dollars; [,] and [(3)] (C) for certification as a private applicator, 614 | |
| 753 | + | one hundred dollars. A federal, state or municipal employee who 615 | |
| 754 | + | applies pesticides solely as part of his employment shall be exempt from 616 | |
| 755 | + | payment of a fee. Any certificate issued to a federal, state or municipal 617 | |
| 756 | + | employee for which a fee has not been paid shall be void if the holder 618 | |
| 757 | + | leaves government employment. The fees collected in accordance with 619 | |
| 758 | + | this section shall be deposited in the General Fund. 620 | |
| 759 | + | (2) Not less than sixty days before the date of expiration of a 621 | |
| 760 | + | certification, the commissioner shall provide notice of expiration and a 622 | |
| 761 | + | renewal application to each holder of a certification. If a signed renewal 623 | |
| 762 | + | application accompanied by the applicable renewal fee is not received 624 | |
| 763 | + | by the commissioner on or before midnight of the expiration date, or if 625 | |
| 764 | + | the expiration date is a Saturday, Sunday or a legal holiday, on or before 626 | |
| 765 | + | midnight of the next business day, the certification shall automatically 627 | |
| 766 | + | lapse. Failure of a holder of a certification to receive a notice of 628 | |
| 767 | + | expiration and renewal application shall not prevent a lapse of a 629 | |
| 768 | + | certification. 630 | |
| 769 | + | (3) The commissioner may renew any certification issued pursuant to 631 | |
| 770 | + | this section for the holder of a certification that has lapsed less than one 632 | |
| 771 | + | year, provided the holder of such certification submits to the 633 | |
| 772 | + | commissioner a signed renewal application, payment of the applicable 634 | |
| 773 | + | renewal fee and any late fee. Such late fee shall be calculated as follows: 635 | |
| 774 | + | Beginning on the first day that such certification lapses, ten per cent of 636 | |
| 775 | + | the applicable renewal fee plus one and one-quarter per cent per month, 637 | |
| 776 | + | or part thereof, for a period not to exceed one year. Any holder of a 638 | |
| 777 | + | certification that has lapsed one year or more shall be examined in 639 | |
| 778 | + | accordance with the requirements of this section and any regulation 640 | |
| 779 | + | adopted pursuant to the provisions of this section. 641 | |
| 780 | + | Sec. 11. Subsection (g) of section 22a-50 of the general statutes is 642 | |
| 781 | + | repealed and the following is substituted in lieu thereof (Effective January 643 | |
| 782 | + | 1, 2023): 644 Substitute Bill No. 238 | |
| 783 | + | ||
| 784 | + | ||
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| 787 | + | 22 of 25 | |
| 788 | + | ||
| 789 | + | (g) The registrant shall pay a fee of [nine hundred forty dollars] one 645 | |
| 790 | + | hundred eighty-eight dollars per calendar year, or any portion thereof, 646 | |
| 791 | + | for each pesticide registered and for each renewal of a registration. [A 647 | |
| 792 | + | registration shall expire after five years.] The commissioner may register 648 | |
| 793 | + | a pesticide for a period of one year or a period of five years. For such 649 | |
| 794 | + | five-year registrations, the commissioner shall establish regulations to 650 | |
| 795 | + | phase in pesticide registration so that one fifth of the pesticides 651 | |
| 796 | + | registered expire each year. The commissioner may register a pesticide 652 | |
| 797 | + | for less than five years and prorate the registration fee accordingly to 653 | |
| 798 | + | implement the regulations established pursuant to this subsection. The 654 | |
| 799 | + | fees collected in accordance with this section shall be deposited in the 655 | |
| 800 | + | General Fund. There shall be no refund of a registration fee if a product 656 | |
| 801 | + | is voluntarily withdrawn or cancelled before the end of its registration 657 | |
| 802 | + | period. 658 | |
| 803 | + | Sec. 12. Section 22a-152 of the 2022 supplement to the general statutes 659 | |
| 804 | + | is repealed and the following is substituted in lieu thereof (Effective 660 | |
| 805 | + | October 1, 2022): 661 | |
| 806 | + | The Governor, on behalf of this state, is authorized to enter into 662 | |
| 807 | + | agreements with the [government of the United States] United States 663 | |
| 808 | + | Nuclear Regulatory Commission providing for [relinquishment] 664 | |
| 809 | + | discontinuance of certain of the programs of the government of the 665 | |
| 810 | + | United States with respect to sources of ionizing radiation and the 666 | |
| 811 | + | assumption thereof by this state, as provided for in the Atomic Energy 667 | |
| 812 | + | Act of 1954, as amended. 668 | |
| 813 | + | Sec. 13. Section 22a-153 of the general statutes is amended by adding 669 | |
| 814 | + | subsection (g) as follows (Effective from passage): 670 | |
| 815 | + | (NEW) (g) This section shall not be construed to confer authority to 671 | |
| 816 | + | regulate materials or activities reserved to the United States Nuclear 672 | |
| 817 | + | Regulatory Commission under 42 USC 2021(c) and 10 CFR Part 150. 673 | |
| 818 | + | Sec. 14. Section 22a-154 of the general statutes is amended by adding 674 | |
| 819 | + | subsection (d) as follows (Effective from passage): 675 Substitute Bill No. 238 | |
| 820 | + | ||
| 821 | + | ||
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| 824 | + | 23 of 25 | |
| 825 | + | ||
| 826 | + | (NEW) (d) Any person that has a license prior to the effective date of 676 | |
| 827 | + | an agreement pursuant to section 22a-152, as amended by this act, from 677 | |
| 828 | + | the federal government or agreement state relating to by-product 678 | |
| 829 | + | material, source material or special nuclear material and which license 679 | |
| 830 | + | will be subject to the control of this state upon the effective date of such 680 | |
| 831 | + | agreement, shall be considered to have a like license with this state until 681 | |
| 832 | + | the expiration date specified in such license from the federal 682 | |
| 833 | + | government or agreement state or until the end of the ninetieth day after 683 | |
| 834 | + | such person receives notice from the Department of Energy and 684 | |
| 835 | + | Environmental Protection that such license will be deemed expired. 685 | |
| 836 | + | Sec. 15. Section 16a-102 of the general statutes is amended by adding 686 | |
| 837 | + | subsection (e) as follows (Effective from passage): 687 | |
| 838 | + | (NEW) (e) The commissioner may enter into any agreement with the 688 | |
| 839 | + | United States Nuclear Regulatory Commission pursuant to Section 274i 689 | |
| 840 | + | of the Atomic Energy Act of 1954, as amended, or any other federal 690 | |
| 841 | + | government agency, state or interstate agency for the state to perform 691 | |
| 842 | + | on a cooperative basis with such commission, other federal government 692 | |
| 843 | + | agency, state or interstate agency, as applicable, inspections or other 693 | |
| 844 | + | functions relating to the control of sources of radiation. 694 | |
| 845 | + | Sec. 16. Subdivisions (1) and (2) of subsection (a) of section 22a-6b of 695 | |
| 846 | + | the general statutes are repealed and the following is substituted in lieu 696 | |
| 847 | + | thereof (Effective from passage): 697 | |
| 848 | + | (1) For failure to file any registration, other than a registration for a 698 | |
| 849 | + | general permit, for failure to file any plan, report or record, or any 699 | |
| 850 | + | application for a permit, for failure to obtain any certification, for failure 700 | |
| 851 | + | to display any registration, permit or order, or file any other information 701 | |
| 852 | + | required pursuant to any provision of section 14-100b or 14-164c, 702 | |
| 853 | + | subdivision (3) of subsection (b) of section 15-121, section 15-171, 15-172, 703 | |
| 854 | + | 15-175, 22a-5, 22a-6, 22a-7, 22a-32, 22a-39 or 22a-42a, 22a-45a, chapter 704 | |
| 855 | + | 441, sections 22a-134 to 22a-134d, inclusive, subsection (b) of section 22a-705 | |
| 856 | + | 134p, sections 22a-148 to 22a-162a, inclusive, section 22a-171, 22a-174, 706 | |
| 857 | + | as amended by this act, 22a-175, 22a-177, 22a-178, 22a-181, 22a-183, 22a-707 Substitute Bill No. 238 | |
| 858 | + | ||
| 859 | + | ||
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| 862 | + | 24 of 25 | |
| 863 | + | ||
| 864 | + | 184, 22a-208, 22a-208a, 22a-209, 22a-213, 22a-220, 22a-231, 22a-245a, 22a-708 | |
| 865 | + | 336, 22a-342, 22a-345, 22a-346, 22a-347, 22a-349a, 22a-354p, 22a-358, 22a-709 | |
| 866 | + | 359, 22a-361, 22a-362, 22a-368, 22a-401 to 22a-405, inclusive, 22a-411, 710 | |
| 867 | + | 22a-411a, 22a-416, as amended by this act, 22a-417, 22a-424 to 22a-433, 711 | |
| 868 | + | inclusive, 22a-447, 22a-449, 22a-450, 22a-451, 22a-454, 22a-458, 22a-461, 712 | |
| 869 | + | 22a-462 or 22a-471, or any regulation, order or permit adopted or issued 713 | |
| 870 | + | thereunder by the commissioner, and for other violations of similar 714 | |
| 871 | + | character as set forth in such schedule or schedules, no more than one 715 | |
| 872 | + | thousand dollars for said violation and in addition no more than one 716 | |
| 873 | + | hundred dollars for each day during which such violation continues; 717 | |
| 874 | + | (2) For deposit, placement, removal, disposal, discharge or emission 718 | |
| 875 | + | of any material or substance or electromagnetic radiation or the causing 719 | |
| 876 | + | of, engaging in or maintaining of any condition or activity in violation 720 | |
| 877 | + | of any provision of section 14-100b or 14-164c, subdivision (3) of 721 | |
| 878 | + | subsection (b) of section 15-121, section 15-171, 15-172, 15-175, 22a-5, 722 | |
| 879 | + | 22a-6, 22a-7, 22a-32, 22a-39 or 22a-42a, 22a-45a, chapter 441, sections 22a-723 | |
| 880 | + | 134 to 22a-134d, inclusive, section 22a-69 or 22a-74, subsection (b) of 724 | |
| 881 | + | section 22a-134p, sections 22a-148 to 22a-162a, inclusive, section 22a-162, 725 | |
| 882 | + | 22a-171, 22a-174, as amended by this act, 22a-175, 22a-177, 22a-178, 22a-726 | |
| 883 | + | 181, 22a-183, 22a-184, 22a-190, 22a-208, 22a-208a, 22a-209, 22a-213, 22a-727 | |
| 884 | + | 220, 22a-336, 22a-342, 22a-345, 22a-346, 22a-347, 22a-349a, 22a-354p, 22a-728 | |
| 885 | + | 358, 22a-359, 22a-361, 22a-362, 22a-368, 22a-401 to 22a-405, inclusive, 729 | |
| 886 | + | 22a-411, 22a-411a, 22a-416, as amended by this act, 22a-417, 22a-424 to 730 | |
| 887 | + | 22a-433, inclusive, 22a-447, 22a-449, 22a-450, 22a-451, 22a-454, 22a-458, 731 | |
| 888 | + | 22a-461, 22a-462 or 22a-471, or any regulation, order or permit adopted 732 | |
| 889 | + | thereunder by the commissioner, and for other violations of similar 733 | |
| 890 | + | character as set forth in such schedule or schedules, no more than 734 | |
| 891 | + | twenty-five thousand dollars for said violation for each day during 735 | |
| 892 | + | which such violation continues; 736 | |
| 893 | + | This act shall take effect as follows and shall amend the following | |
| 894 | + | sections: | |
| 895 | + | ||
| 896 | + | Section 1 from passage 22a-416(d) | |
| 897 | + | Sec. 2 from passage 22-11h(c) Substitute Bill No. 238 | |
| 898 | + | ||
| 899 | + | ||
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| 902 | + | 25 of 25 | |
| 903 | + | ||
| 904 | + | Sec. 3 from passage 22a-73(c) | |
| 905 | + | Sec. 4 from passage 22a-174(c) | |
| 906 | + | Sec. 5 from passage 23-37(d) | |
| 907 | + | Sec. 6 from passage 23-53 | |
| 908 | + | Sec. 7 October 1, 2022 23-65g | |
| 909 | + | Sec. 8 October 1, 2022 23-65h(c) | |
| 910 | + | Sec. 9 October 1, 2022 23-65i | |
| 911 | + | Sec. 10 from passage 22a-54(f) | |
| 912 | + | Sec. 11 January 1, 2023 22a-50(g) | |
| 913 | + | Sec. 12 October 1, 2022 22a-152 | |
| 914 | + | Sec. 13 from passage 22a-153 | |
| 915 | + | Sec. 14 from passage 22a-154 | |
| 916 | + | Sec. 15 from passage 16a-102 | |
| 917 | + | Sec. 16 from passage 22a-6b(a)(1) and (2) | |
| 918 | + | ||
| 919 | + | ENV Joint Favorable Subst. | |
| 920 | + | JUD Joint Favorable | |
| 904 | 921 |