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