Connecticut 2023 Regular Session

Connecticut House Bill HB06744 Compare Versions

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7	7		General Assembly Substitute Bill No. 6744
8	8		January Session, 2023
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14	14		AN ACT CONCERNING COMPENSATORY REFORESTATION PLANS,
15	15		THE CONSTRUCTION OF NOISE BARRIERS, DECIBEL TESTING FOR
16	16		MOTOR VEHICLES AND IDLING MOTOR VEHICLES..
17	17		Be it enacted by the Senate and House of Representatives in General
18	18		Assembly convened:
19	19
20	20		Section 1. (NEW) (Effective October 1, 2023) (a) On or before July 1, 1
21	21		2024, and annually thereafter, the Department of Transportation shall 2
22	22		develop and submit to the Department of Energy and Environmental 3
23	23		Protection, a plan for the compensatory reforestation for all areas of not 4
24	24		less than one-half acre in size that are owned or maintained by the 5
25	25		Department of Transportation and scheduled for deforestation. The 6
26	26		compensatory reforestation plan shall establish a goal of no net loss of 7
27	27		existing forested areas based upon a reasonable and practical tree 8
28	28		replacement factor developed in accordance with the regulations 9
29	29		adopted pursuant to this section. Such plan shall be subject to approval 10
30	30		by the Department of Energy and Environmental Protection. After the 11
31	31		date the Department of Transportation submits such plan, the 12
32	32		department shall not commence a project that would result in the 13
33	33		deforestation of land of not less than one-half acre in size that is owned 14
34	34		or maintained by the department unless the department's compensatory 15
35	35		reforestation plan is approved by the Department of Energy and 16
36	36		Environmental Protection. 17 Substitute Bill No. 6744
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43	43		(b) Each compensatory reforestation plan developed pursuant to this 18
44	44		section shall: (1) Provide that, if tree planting adjacent to the deforested 19
45	45		area is not feasible, tree planting shall be conducted within the 20
46	46		municipality in which the deforestation occurred, within five miles of 21
47	47		the site of deforestation or on an off-site property in accordance with the 22
48	48		provisions of this section; and (2) include appropriate and approved 23
49	49		methods for the planting, protection, care and management of trees and 24
50	50		other related natural resources. 25
51	51		(c) The Department of Energy and Environmental Protection shall 26
52	52		adopt regulations, in accordance with the provisions of chapter 54 of the 27
53	53		general statutes, to develop requirements for a compensatory 28
54	54		reforestation plan. Such requirements shall include, but need not be 29
55	55		limited to, the following: 30
56	56		(1) If the Department of Energy and Environmental Protection or the 31
57	57		Department of Transportation determines that it is not feasible to 32
58	58		conduct the required tree-planting efforts on the site of deforestation, 33
59	59		the tree planting shall be conducted first on state property within the 34
60	60		municipality in which the deforestation occurred or, secondly, on 35
61	61		municipal property within the municipality in which the deforestation 36
62	62		occurred, provided the municipality agrees to such tree planting. For 37
63	63		purposes of this subdivision, "municipal property" means property 38
64	64		owned by a municipality, including parks, streets, schools, municipal 39
65	65		facilities and open space and recreational areas; 40
66	66		(2) If the Department of Energy and Environmental Protection or the 41
67	67		Department of Transportation determines that it is not feasible to 42
68	68		conduct such tree-planting efforts on the site of deforestation or within 43
69	69		the municipality, the tree planting shall be conducted on property 44
70	70		located within five miles of the site of the deforestation that is owned or 45
71	71		maintained by a state agency, as defined in section 4-67g of the general 46
72	72		statutes, or any other municipality, provided the state agency or other 47
73	73		municipality, as the case may be, agrees to such tree planting; 48
74	74		(3) If the Department of Energy and Environmental Protection or the 49 Substitute Bill No. 6744
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81	81		Department of Transportation determines that it is not feasible to 50
82	82		conduct the tree-planting efforts on the site of deforestation, within the 51
83	83		municipality or within five miles of the site of deforestation, the tree 52
84	84		planting shall be conducted on an off-site property owned or 53
85	85		maintained by a state agency, provided the state agency agrees to such 54
86	86		tree planting; 55
87	87		(4) For any such tree planting, the Department of Transportation shall 56
88	88		use native species when practicable; 57
89	89		(5) The shape or configuration of the reforested area may be 58
90	90		substantially similar to the shape or configuration of the deforested area; 59
91	91		(6) The replacement of trees shall be determined by the tree 60
92	92		replacement factor and shall be based upon accepted forestry research 61
93	93		and practices that show the average tree density within urban areas to 62
94	94		be two hundred four trees per acre of tree cover; 63
95	95		(7) In using the tree replacement factor, or TRF, for sites that are 64
96	96		deforested, the following number of stems shall be calculated for 65
97	97		seeding, caliper and whip/container trees: 66
98	98		T1 TRF = 204 (2" - 2 1/2") caliper trees per acre
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100	100		T2 = 408 whip/container (4' - 6') trees per acre
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102	102		T3 = 1210 tree seedlings per acre;
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105	105		(8) The seedlings used for such replanting shall be planted from six 67
106	106		to ten feet apart, or at a distance mutually agreed to by the Departments 68
107	107		of Energy and Environmental Protection and Transportation, and such 69
108	108		seedlings shall be those that are the most suitable for the site; and 70
109	109		(9) The species of caliper nursery-grown trees measured at two and 71
110	110		one-half inches and whips at one and one-half inches shall be planted 72
111	111		based upon the compensatory reforestation plan and subject to the 73 Substitute Bill No. 6744
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118	118		standards established by the American Horticulture Industry 74
119	119		Association. Diversity in species composition shall be required to reduce 75
120	120		the risk of widespread loss of trees to single insect and disease 76
121	121		infestation. Similar species shall not exceed thirty per cent of the total 77
122	122		planting. 78
123	123		(d) The Department of Transportation shall enter into a 79
124	124		memorandum of agreement with the Department of Energy and 80
125	125		Environmental Protection to reimburse the Department of Energy and 81
126	126		Environmental Protection for the actual labor hours attributable to the 82
127	127		review and implementation of the Department of Transportation's 83
128	128		compensatory reforestation plan pursuant to this section. In the event 84
129	129		the reforestation required by a compensatory reforestation plan cannot 85
130	130		be accomplished with regard to a project commenced by the 86
131	131		Department of Transportation, the Department of Energy and 87
132	132		Environmental Protection and the Department of Transportation may 88
133	133		agree within such memorandum of agreement that the Department of 89
134	134		Transportation shall pay an amount equal to the value of the number of 90
135	135		trees required, as determined by the tree replacement factor and in 91
136	136		accordance with the approved compensatory reforestation plan. Any 92
137	137		such payment shall be deposited in an account controlled by the 93
138	138		Department of Energy and Environmental Protection to be used for 94
139	139		reforestation by the department. Such memorandum of agreement shall 95
140	140		be part of the Department of Transportation's compensatory 96
141	141		reforestation plan. 97
142	142		Sec. 2. (NEW) (Effective October 1, 2023) For the purposes of this 98
143	143		section, "Type II project" has the same meaning as provided in 23 CFR 99
144	144		772.5, as amended from time to time. The Department of Transportation 100
145	145		shall develop and implement a Type II program in accordance with the 101
146	146		provisions of 23 CFR 772, as amended from time to time, to provide for 102
147	147		the construction of noise barriers along an existing highway. The 103
148	148		department shall conduct a state-wide evaluation of the feasibility and 104
149	149		reasonableness of constructing noise barriers for Type II projects and 105
150	150		identify the benefits, length, location and approximate construction 106 Substitute Bill No. 6744
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157	157		costs associated with such projects. The department shall establish a 107
158	158		priority rating system to rank such projects and use such system to 108
159	159		establish a priority list of such projects. 109
160	160		Sec. 3. (Effective from passage) On or before February 1, 2024, the 110
161	161		Department of Transportation shall submit, in accordance with the 111
162	162		provisions of section 11-4a of the general statutes, to the joint standing 112
163	163		committee of the General Assembly having cognizance of matters 113
164	164		relating to transportation, the results of the evaluation conducted 114
165	165		pursuant to section 2 of this act and a description of the priority ranking 115
166	166		system and the priority list developed pursuant to said section. 116
167	167		Sec. 4. Section 19 of public act 22-44 is repealed and the following is 117
168	168		substituted in lieu thereof (Effective from passage) 118
169	169		Not later than [January] October 1, 2023, the Commissioner of Motor 119
170	170		Vehicles shall submit, in accordance with the provisions of section 11-120
171	171		4a of the general statutes, a plan to implement a state-wide decibel level 121
172	172		testing program for motor vehicles and motorcycles at official emissions 122
173	173		inspection stations, as defined in section 14-164b of the general statutes, 123
174	174		and any recommendations for legislation and funding necessary for 124
175	175		such implementation, to the joint standing committees of the General 125
176	176		Assembly having cognizance of matters relating to transportation, 126
177	177		appropriations and the budgets of state agencies and finance, revenue 127
178	178		and bonding. 128
179	179		Sec. 5. Subsection (c) of section 14-80a of the general statutes is 129
180	180		repealed and the following is substituted in lieu thereof (Effective July 1, 130
181	181		2023): 131
182	182		(c) The Commissioner of Motor Vehicles shall, with the advice of the 132
183	183		Commissioner of Energy and Environmental Protection, adopt 133
184	184		regulations, in accordance with the provisions of chapter 54, 134
185	185		establishing (1) the maximum decibel levels permissible for motor 135
186	186		vehicles, which shall not exceed the maximum decibel levels established 136
187	187		for motor vehicles by federal law or regulation, and (2) the procedure 137 Substitute Bill No. 6744
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194	194		for testing maximum decibel levels. The commissioner shall amend such 138
195	195		regulations to reflect industry standards and advancements in 139
196	196		technology and shall submit the amended regulations to the standing 140
197	197		legislative regulation review committee under section 4-170 not later 141
198	198		than [January] October 1, 2024. 142
199	199		Sec. 6. (NEW) (Effective October 1, 2023) Any municipality may, by 143
200	200		ordinance adopted by its legislative body, establish a fine for any 144
201	201		violation of the prohibition against operating the engine of a motor 145
202	202		vehicle for more than three consecutive minutes as set forth in 146
203	203		regulations adopted pursuant to section 22a-174 of the general statutes, 147
204	204		provided such fine shall not be more than ninety dollars per violation. 148
205	205		Any police officer or other person authorized by the chief executive 149
206	206		officer of the municipality may issue a citation to any person who 150
207	207		commits such violation. Any municipality that adopts an ordinance 151
208	208		pursuant to this section shall also adopt a citation hearing procedure 152
209	209		pursuant to section 7-152c of the general statutes, as amended by this 153
210	210		act, by which procedure such fine shall be imposed. Any fine collected 154
211	211		by a municipality pursuant to this section shall be deposited into the 155
212	212		general fund of the municipality or in any special fund designated by 156
213	213		the municipality. 157
214	214		Sec. 7. Subsection (c) of section 7-152c of the general statutes is 158
215	215		repealed and the following is substituted in lieu thereof (Effective October 159
216	216		1, 2023): 160
217	217		(c) Any such municipality, at any time within twelve months from 161
218	218		the expiration of the final period for the uncontested payment of fines, 162
219	219		penalties, costs or fees for any citation issued under any ordinance 163
220	220		adopted pursuant to section 7-148, [or section] 7-152e, section 5 of this 164
221	221		act or section 22a-226d, for an alleged violation thereof, shall send notice 165
222	222		to the person cited. Such notice shall inform the person cited: (1) Of the 166
223	223		allegations against [him] such person and the amount of the fines, 167
224	224		penalties, costs or fees due; (2) that [he] such person may contest [his] 168
225	225		such person's liability before a citation hearing officer by delivering in 169
226	226		person or by mail written notice within ten days of the date thereof; (3) 170 Substitute Bill No. 6744
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233	233		that if [he] such person does not demand such a hearing, an assessment 171
234	234		and judgment shall be entered against [him] such person; and (4) that 172
235	235		such judgment may issue without further notice. For purposes of this 173
236	236		section, notice shall be presumed to have been properly sent if such 174
237	237		notice was mailed to such person's last-known address on file with the 175
238	238		tax collector. If the person to whom such notice is issued is a registrant, 176
239	239		the municipality may deliver such notice in accordance with section 7-177
240	240		148ii, provided nothing in this section shall preclude a municipality 178
241	241		from providing notice in another manner permitted by applicable law. 179
242	242		Sec. 8. (Effective October 1, 2023) On and after October 1, 2023, and 180
243	243		until October 1, 2024, the Department of Motor Vehicles shall establish 181
244	244		a pilot program to test different methodologies for inspecting the 182
245	245		maximum decibel level produced by a motor vehicle at five official 183
246	246		emission inspection stations, as defined in section 14-164b of the general 184
247	247		statutes, selected by the department for inclusion in such program. Such 185
248	248		decibel level inspection shall be conducted at the time a motor vehicle is 186
249	249		presented for inspection pursuant to subsection (c) of section 14-164c of 187
250	250		the general statutes at a selected official emissions inspection station. 188
251	251		The maximum decibel level for a motor vehicle shall not exceed the 189
252	252		maximum decibel level permitted pursuant to section 14-80a of the 190
253	253		general statutes, as amended by this act, and any regulation adopted 191
254	254		thereunder. The different methodologies used to conduct such decibel 192
255	255		level inspections shall reflect industry standards and advancements in 193
256	256		technology. Not later than January 1, 2025, the department shall submit 194
257	257		a report to the joint standing committees of the General Assembly 195
258	258		having cognizance of matters relating to transportation, appropriations 196
259	259		and the budgets of state agencies and finance, revenue and bonding, in 197
260	260		accordance with the provisions of section 11-4a of the general statutes, 198
261	261		concerning the implementation of the pilot program, the results of the 199
262	262		different methodologies used to conduct such decibel level inspections 200
263	263		and recommendations for a state-wide decibel level testing program. 201 Substitute Bill No. 6744
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270	270		This act shall take effect as follows and shall amend the following
271	271		sections:
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273	273		Section 1 October 1, 2023 New section
274	274		Sec. 2 October 1, 2023 New section
275	275		Sec. 3 from passage New section
276	276		Sec. 4 from passage PA 22-44, Sec. 19
277	277		Sec. 5 July 1, 2023 14-80a(c)
278	278		Sec. 6 October 1, 2023 New section
279	279		Sec. 7 October 1, 2023 7-152c(c)
280	280		Sec. 8 October 1, 2023 New section
281	281
	282	+	Statement of Legislative Commissioners:
	283	+	In Section 1(c)(3), "practicable" was changed to "feasible" for internal
	284	+	consistency; and in Section 1(c)(9), "and, therefore, similar" was changed
	285	+	to ". Similar" for conciseness.
282	286
283	287		TRA Joint Favorable Subst.
284		-	ENV Joint Favorable
285	288