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General Assembly Substitute Bill No. 1146
January Session, 2023
AN ACT CONCERNING REVISIONS TO VARIOUS PROGRAMS OF
THE DEPARTMENT OF ENERGY AND ENVIRONMENTAL
PROTECTION.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 26-5 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective from passage): 2
The Commissioner of Energy and Environmental Protection shall 3
appoint such number of conservation officers as may be necessary for 4
the efficient execution of the duties of the department under section 26-5
6. The commissioner may supplement the regular conservation officer 6
force by appointing as special conservation officer any employee of the 7
department or any sworn federal law enforcement officer of the United 8
States Fish and Wildlife Service or National Marine Fisheries Service, 9
provided such federal officer shall not be considered an employee of the 10
state and may only exercise such officer's authority pursuant to section 11
26-6 when working with a full-time conservation officer. The 12
commissioner may also appoint any lake patrolman as a special 13
conservation officer solely for the purpose of enforcing boating laws 14
within such patrolman's jurisdiction, provided such patrolman shall not 15
be considered an employee of the state, and further provided that such 16
patrolman has completed a police training course at [the state police 17 Substitute Bill No. 1146
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training school or an equivalent course approved by the Commissioner 18
of Emergency Services and Public Protection] a Police Officer Standards 19
and Training Council approved training academy. Notwithstanding the 20
provisions of this section, no such lake patrolman shall carry a firearm 21
while in the performance of [his or her] such patrolman's duties as a 22
special conservation officer unless the board of selectmen of the town or 23
towns in which the lake on which the lake patrolman serves is located 24
approves such carrying of a firearm, or in the case of any town having 25
no board of selectmen, the lake patrolman obtains the approval of the 26
legislative body of such town or towns in which the lake is located. Each 27
conservation officer [or special conservation officer] shall [complete a 28
police training course at the state police training school or an equivalent 29
course approved by the Commissioner of Emergency Services and 30
Public Protection] be certified by the Police Officer Standards and 31
Training Council in accordance with the provisions of section 7-294d not 32
later than one year after appointment. Each special conservation officer 33
shall be certified by the Police Officer Standards and Training Council 34
in accordance with the provisions of section 7-294d or complete an 35
equivalent course approved by the Commissioner of Emergency 36
Services and Public Protection. Special conservation officers who are 37
employees of the department shall be entitled to the same benefits to 38
which conservation officers are entitled under the provisions of section 39
5-142, and such an appointment shall be deemed not to be in conflict 40
with any of the provisions of chapter 67. In addition to their salaries, 41
conservation officers and special conservation officers who are 42
employees of the department shall be reimbursed for all expenses 43
incurred in performance of official duty. 44
Sec. 2. Section 26-113 of the general statutes is repealed and the 45
following is substituted in lieu thereof (Effective from passage): 46
Notice of such hearing shall be [advertised in one or more 47
newspapers having a general circulation in each of the counties of the 48
state or in the locality where such waters are situated] posted on the 49
eRegulations System and on the Department of Energy and 50 Substitute Bill No. 1146
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Environmental Protection's Internet web site. The Commissioner of 51
Energy and Environmental Protection, or the commissioner's designee, 52
shall provide a copy of such notice to each municipality where such 53
waters are located for publication of such notice on the Internet web site 54
of each such municipality. Such notice shall specify the time, not less 55
than fourteen days thereafter, the agenda and the place designated by 56
the commissioner at which such hearing shall be held, and at which 57
persons having an interest therein will have an opportunity to be heard. 58
The commissioner or [his] the commissioner's designated representative 59
shall conduct such hearing and cause a record thereof to be made. After 60
such notice and hearing the commissioner shall issue [his] such 61
regulations based upon standards of sound fisheries management 62
including the following: (a) Scientific and factual findings of a biological 63
nature; (b) the availability of the species involved; (c) unusual weather 64
conditions and special hazards; (d) the available supply of food and 65
natural cover; (e) the general condition of the waters; (f) the control of 66
the species; (g) the number of permits issued; (h) the area available; (i) 67
the rights and privileges of sportsmen, landowners and the general 68
public; (j) the problem of providing and perpetuating a sound program 69
of fisheries management and a sound recreational program consistent 70
with the availability of the species. 71
Sec. 3. Section 26-159c of the general statutes is repealed and the 72
following is substituted in lieu thereof (Effective from passage): 73
Prior to the adoption of any regulation under subsection (g) of section 74
26-142a or section 26-159a, the commissioner or [his] the commissioner's 75
designated representative shall conduct a public hearing or hearings in 76
those coastal areas where persons substantially affected by such 77
regulation and having an interest therein may be heard. The 78
commissioner shall cause notice of such hearing or hearings to be 79
[published at least once not more than thirty days and not fewer than 80
ten days before the date set for such hearing or hearings in a newspaper 81
or newspapers having general circulation in those areas which may be 82
affected by such regulation] posted on the eRegulations System and on 83 Substitute Bill No. 1146
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the Department of Energy and Environmental Protection's Internet web 84
site not fewer than fourteen days prior to the date set for such hearing 85
or hearings. The commissioner, or the commissioner's designee, shall 86
provide a copy of such notice to all coastal municipalities with persons 87
who may be substantially affected by such regulations for publication 88
of such notice on the Internet web site of each such municipality. 89
Sec. 4. Section 26-102 of the general statutes is repealed and the 90
following is substituted in lieu thereof (Effective from passage): 91
The commissioner may establish fish spawning areas and refuges on 92
any waters; and [he] the commissioner may establish closed areas and 93
safety zones on public lands and waters and, with the consent of the 94
owner, on private lands and waters, and close any such area to fishing 95
and trespassing. The commissioner shall have emergency authority to 96
declare a closed season on any regulated species [of fish] threatened 97
with undue depletion from any cause and, the provisions of section 26-98
116, as amended by this act, notwithstanding, if such cause is any 99
person, firm or corporation engaged in commercial fishing activity, the 100
commissioner shall have the additional emergency power to establish 101
prescribed conditions for the operation of such commercial fishing 102
activity, or suspend or prohibit the right of such person, firm or 103
corporation to operate within such waters for such period of time as the 104
commissioner deems necessary. The commissioner may, if [he] the 105
commissioner deems it necessary, close any waters, or portions thereof, 106
in the inland district to fishing for limited periods of time. 107
Sec. 5. Section 26-116 of the general statutes is repealed and the 108
following is substituted in lieu thereof (Effective from passage): 109
The provisions of sections [26-102 and] 26-111 to 26-117, inclusive, 110
shall not apply to the taking of fish for commercial purposes and shall 111
not affect any statute regulating fishing in any lake, pond or reservoir 112
used for domestic water supply, nor shall any action be taken under the 113
provisions of said sections which will unreasonably interfere with the 114
proper management of a public water supply system. 115 Substitute Bill No. 1146
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Sec. 6. Section 26-137 of the general statutes is repealed and the 116
following is substituted in lieu thereof (Effective from passage): 117
No person shall take or attempt to take any fish [, with the exception 118
of lamprey eels during the open season for the same,] within two 119
hundred fifty feet of any fishway, except that the commissioner when 120
[he] the commissioner deems necessary may extend or reduce such 121
distance and shall indicate such other distance by posting. 122
Sec. 7. Section 26-142b of the general statutes is repealed and the 123
following is substituted in lieu thereof (Effective from passage): 124
(a) For the purposes of this section, "active" with regard to a principal 125
commercial fishing license, general commercial fishing license or 126
commercial lobster pot fishing license means that the license has been 127
renewed in the current year. 128
(b) Notwithstanding any other provision of law, the Commissioner 129
of Energy and Environmental Protection may reissue an active principal 130
commercial fishing license, general commercial fishing license or 131
commercial lobster pot fishing license in the event the license holder is 132
temporarily incapacitated and unable to operate a vessel or perform 133
other necessary functions associated with commercial fishing or in the 134
event a license holder is unable to conduct commercial fishing due to 135
exigencies related to medical care of an immediate family member. Such 136
temporary license may only be issued to a member of such 137
[incapacitated] license holder's immediate family or to a member of such 138
[incapacitated] license holder's crew, as designated by such license 139
holder, for the duration of such license holder's incapacity or [twelve 140
consecutive months, whichever is the shorter period] exigencies related 141
to medical care of an immediate family member of such license holder. 142
Such temporary license shall be subject to the provisions of section 26-143
142a. Landings during the period of such temporary license reissue may 144
be used to satisfy the requirements for license transfer in subsection (c) 145
of this section, provided the licensee met all such requirements for 146
transfer at the time of such temporary reissue. 147 Substitute Bill No. 1146
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(c) The commissioner may authorize the transfer of an active 148
principal commercial fishing license, general commercial fishing license 149
or commercial lobster pot fishing license, issued pursuant to subsection 150
(f) of section 26-142a, provided: (1) For purposes of an active resident-151
held principal or general commercial fishing license or commercial 152
lobster pot fishing license: (A) The person receiving the license in such 153
transfer is a resident of this state, and (B) the person transferring the 154
license held the license and landed regulated species or owned a vessel 155
that landed regulated species under the privilege of a quota-managed 156
species endorsement associated with the license in at least five of the 157
eight calendar years preceding the transfer request and [reported] such 158
landings were reported to the commissioner, pursuant to section 26-159
157b, for not less than thirty fishing days in each year, or (2) for purposes 160
of an active nonresident-held principal or general commercial fishing 161
license or commercial lobster pot fishing license: The person 162
transferring the license held the license and landed regulated species or 163
owned a vessel that landed regulated species under the privilege of a 164
quota-managed species endorsement associated with the license in at 165
least five of the eight calendar years preceding the transfer request and 166
[reported] such landings were reported to the commissioner, pursuant 167
to section 26-157b, for not less than thirty fishing days in each year. Such 168
landings shall be verified by seafood dealer reports submitted pursuant 169
to section 26-157b. The recipient of a transferred commercial lobster pot 170
fishing license or principal commercial fishing license shall be limited to 171
the number of lobster pots allocated to such license, except a transferee 172
who currently holds a commercial lobster pot fishing license, issued 173
pursuant to subsection (f) of section 26-142a, shall be limited to the 174
number of pots allocated to such person's currently held commercial 175
lobster pot fishing license or principal commercial fishing license or to 176
the transferred license, whichever is greater. The length of any 177
commercial fishing vessel used by the recipient of a transferred license 178
to fish with a trawl net in the waters of this state shall be not more than 179
[ten] twenty per cent greater than the length of the largest vessel used 180
by the person transferring the license during such qualifying period. 181 Substitute Bill No. 1146
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(d) (1) In the event of the death of the holder of an active principal 182
commercial fishing license, general commercial fishing license or 183
commercial lobster pot fishing license, the commissioner may authorize 184
the transfer of such license pursuant to subsection (c) of this section, for 185
a period of two years from the date of death of such license holder. 186
(2) If the deceased license holder held such license for a period of less 187
than five complete calendar years, the commissioner may authorize the 188
transfer of such license (A) subject to the provisions of this section, and 189
(B) provided the deceased license holder landed regulated species or 190
owned a vessel that landed regulated species under the privilege of a 191
quota-managed species endorsement associated with the license in each 192
calendar year during which the deceased license holder held the license 193
for six months or longer, and (C) provided such landings were reported 194
to the commissioner by the deceased license holder, pursuant to section 195
26-157b, for not less than thirty fishing days in each year. 196
(e) Upon transfer of a license, the original license holder shall become 197
ineligible to obtain a renewal of that license. Such original license holder 198
may acquire a new license through a subsequent license transfer. 199
(f) A transfer of a license under this section shall not be made while a 200
commercial fishery license, registration or vessel permit held by the 201
transferor or transferee is under suspension and a transfer shall not be 202
authorized for any transferee who has had a commercial fishery license, 203
registration or vessel permit revoked or suspended within the preceding 204
twelve months. 205
Sec. 8. Subsection (a) of section 22a-6g of the general statutes is 206
repealed and the following is substituted in lieu thereof (Effective from 207
passage): 208
(a) Any person who submits an application to the Commissioner of 209
Energy and Environmental Protection for any permit or other license 210
pursuant to section 22a-32, 22a-39, 22a-174, 22a-208a, 22a-342, 22a-361, 211
22a-368, 22a-403 or 22a-430, subsection (b) or (c) of section 22a-449, 212 Substitute Bill No. 1146
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section 22a-454 or Section 401 of the federal Water Pollution Control Act 213
(33 USC 466 et seq.), except an application for authorization under a 214
general permit shall: (1) Publish notice of such application in a 215
newspaper of general circulation in the affected area or on the Internet 216
web site used for local land use decisions in the municipality where such 217
property is located. Such notice shall also be published on the Internet 218
web site of the Department of Energy and Environmental Protection; (2) 219
notify the chief elected official of the municipality in which the 220
regulated activity is proposed; and (3) include with such application a 221
copy of such notice as it appeared in the newspaper or municipal land 222
use Internet web site and a signed statement certifying that the applicant 223
notified the chief elected official of the municipality in which such 224
regulated activity is proposed. Such notices shall include: (A) The name 225
and mailing address of the applicant and the address of the location at 226
which the proposed activity will take place; (B) the application number, 227
if available; (C) the type of permit sought, including a reference to the 228
applicable statute or regulation; (D) a description of the activity for 229
which a permit is sought; (E) a description of the location of the 230
proposed activity and any natural resources affected thereby; (F) the 231
name, address and telephone number of any agent of the applicant from 232
whom interested persons may obtain copies of the application; and (G) 233
a statement that the application is available for inspection at the office 234
of the Department of Energy and Environmental Protection. The 235
commissioner shall not process an application until the applicant has 236
submitted to the commissioner a copy of the notice and the signed 237
statement required by this section. Any person who submits an 238
application pursuant to section 22a-32 or 22a-361 shall additionally mail 239
such notice to any land owner of record for any property that is located 240
five hundred feet or less from the property line of the property on which 241
such proposed activity will occur. The provisions of this section shall 242
not apply to discharges exempted from the notice requirement by the 243
commissioner pursuant to subsection (b) of section 22a-430, to 244
hazardous waste transporter permits issued pursuant to section 22a-454 245
or to special waste authorizations issued pursuant to section 22a-209 246
and regulations adopted thereunder. 247 Substitute Bill No. 1146
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Sec. 9. Subsection (a) of section 22a-6h of the general statutes is 248
repealed and the following is substituted in lieu thereof (Effective from 249
passage): 250
(a) The Commissioner of Energy and Environmental Protection, at 251
least thirty days before approving or denying an application under 252
section 22a-32, 22a-39, 22a-174, 22a-208a, 22a-342, 22a-361, 22a-368, 22a-253
403 or 22a-430, subsection (b) or (c) of section 22a-449, section 22a-454 or 254
Section 401 of the federal Water Pollution Control Act (33 USC 466 et 255
seq.), shall publish or cause to be published, at the applicant's expense, 256
once in a newspaper having a substantial circulation in the affected area 257
or, if such application pertains to a single-family residential property, 258
on the Internet web site used for local land use decisions in the 259
municipality where such property is located and on the Internet web 260
site of the Department of Energy and Environmental Protection notice 261
of the commissioner's tentative determination regarding such 262
application. Such notice shall include: (1) The name and mailing address 263
of the applicant and the address of the location of the proposed activity; 264
(2) the application number; (3) the tentative decision regarding the 265
application; (4) the type of permit or other authorization sought, 266
including a reference to the applicable statute or regulation; (5) a 267
description of the location of the proposed activity and any natural 268
resources affected thereby; (6) the name, address and telephone number 269
of any agent of the applicant from whom interested persons may obtain 270
copies of the application; (7) a brief description of all opportunities for 271
public participation provided by statute or regulation, including the 272
length of time available for submission of public comments to the 273
commissioner on the application; and (8) such additional information as 274
the commissioner deems necessary to comply with any provision of this 275
title or regulations adopted hereunder, or with the federal Clean Air 276
Act, federal Clean Water Act or federal Resource Conservation and 277
Recovery Act. The commissioner shall further give notice of such 278
determination to the chief elected official of the municipality in which 279
the regulated activity is proposed. Nothing in this section shall preclude 280
the commissioner from giving such additional notice as may be required 281 Substitute Bill No. 1146
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by any other provision of this title or regulations adopted hereunder, or 282
by the federal Clean Air Act, federal Clean Water Act or federal 283
Resource Conservation and Recovery Act. The provisions of this section 284
shall not apply to discharges exempted from the notice requirement by 285
the commissioner pursuant to subsection (b) of section 22a-430, to 286
hazardous waste transporter permits issued pursuant to section 22a-454 287
or to special waste authorizations issued pursuant to section 22a-209 288
and regulations adopted thereunder. 289
Sec. 10. Section 7-131g of the general statutes is repealed and the 290
following is substituted in lieu thereof (Effective from passage): 291
(a) The Commissioner of Energy and Environmental Protection may 292
make grants under the open space and watershed land acquisition 293
program to: (1) Municipalities for acquisition of land for open space 294
under subdivisions (1) to (6), inclusive, of subsection (b) of section 7-295
131d in an amount not to exceed sixty-five per cent of the fair market 296
value of a parcel of land or interest in land proposed to be acquired; (2) 297
municipalities for acquisition of land for class I and class II water supply 298
protection under subdivision (5) of subsection (b) of said section 7-131d, 299
as amended by this act, in an amount not to exceed sixty-five per cent of 300
such value; (3) nonprofit land conservation organizations for acquisition 301
of land for open space or watershed protection under subdivisions (1) 302
to (6), inclusive, of subsection (b) of said section 7-131d, as amended by 303
this act, in an amount not to exceed sixty-five per cent of such value; (4) 304
water companies for acquisition of land under subdivision (7) of 305
subsection (b) of said section 7-131d, as amended by this act, in an 306
amount not to exceed sixty-five per cent of such value provided if such 307
a company proposes in a grant application that it intends to allow access 308
to such land for recreational uses, such company shall seek approval of 309
the Commissioner of Public Health for such access; and (5) distressed 310
municipalities or targeted investment communities, as defined in 311
section 32-9p, or, with the approval of the chief elected official or 312
governing legislative body of such a municipality or community, to a 313
nonprofit land conservation organization or water company, for 314 Substitute Bill No. 1146
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acquisition of land within that municipality or community, for open 315
space under subdivisions (1) to (6), inclusive, of subsection (b) of said 316
section 7-131d, as amended by this act, in an amount not to exceed 317
seventy-five per cent of such value or for performance of work in the 318
restoration, enhancement or protection of resources in an amount not to 319
exceed fifty per cent of the cost of such work. Applicants for grants 320
under the program shall provide a copy of the application to the 321
chairperson of the review board established under section 7-131e. The 322
board shall provide comments to the commissioner on pending 323
applications as it deems necessary. 324
(b) For purposes of this subsection, the fair market value of land or 325
interest in land shall be determined by one or more appraisals 326
satisfactory to the commissioner and shall not include incidental costs, 327
including, but not limited to, surveying, development or closing costs. 328
The commissioner may consider a portion of the fair market value of a 329
donation of land by an entity receiving a grant as a portion of the 330
matching funds required under this subsection. A grantee may use 331
funds made available by the state, pursuant to subsection (a) of this 332
section, and the federal government to fund not more than ninety per 333
cent of the fair market value of any project funded under the program, 334
except the commissioner may authorize a grantee to use such state funds 335
provided pursuant to subsection (a) of this section and any funds made 336
available by the federal government to fund one hundred per cent of the 337
fair market value of any project funded under said program if the 338
commissioner determines that any of the following conditions exist: (1) 339
The grantee committed or expended significant resources, including, 340
but not limited to, payment of such incidental costs, toward the 341
acquisition and preservation in perpetuity of such land; (2) that the 342
grantee committed or expended significant resources for the care, 343
maintenance or preservation of such land that was consistent with the 344
intent of the open space and watershed land acquisition program, as 345
described in section 7-131d, as amended by this act; (3) that such project 346
will provide a significant recreational opportunity or natural resource 347
protection for the state and is consistent with: (A) The criteria of 348 Substitute Bill No. 1146
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subsections (b) and (c) of section 7-131d, as amended by this act; (B) the 349
additional considerations set forth in subsection (a) of section 7-131e; 350
and (C) any written guidelines developed by the commissioner 351
pursuant to said subsection; or (4) that such project is located in an area 352
of the state with a limited amount of land available for such recreational 353
opportunity or natural resource protection and is consistent with: (A) 354
The criteria of subsections (b) and (c) of section 7-131d, as amended by 355
this act; (B) the additional considerations set forth in subsection (a) of 356
section 7-131e, except equitable geographic distribution of such grants; 357
and (C) any written guidelines developed by the commissioner 358
pursuant to said subsection. 359
(c) Notwithstanding the provisions of subdivision (3) of subsection 360
(c) of section 7-131d, as amended by this act, any land that is the subject 361
of the execution or recording of a conservation easement or restriction 362
that resulted from a federally funded land conservation program, 363
municipal conservation grant program or a private conservation grant 364
program, prior to the recording of a permanent conservation easement 365
described in subsection (e) of section 7-131d, shall not be construed to 366
constitute land that has already been committed for public use, 367
provided: 368
(1) Such prior conservation easement or restriction is executed after 369
the execution of the grant agreement for a grant to preserve such land 370
under the provisions of this section, (2) at the time of the recording of 371
the permanent conservation easement required pursuant to subsection 372
(e) of section 7-131d, any nonfederal holder of any such prior easement 373
subordinates such holder's interests in the land to the interests of the 374
state, (3) such other federal funds, municipal grant funds or private 375
grant funds are used as matching funds for a grant issued under this 376
section, and (4) the Commissioner of Energy and Environmental 377
Protection determines, based on all pertinent circumstances, that the 378
conveyance of such other conservation easement or restriction, in 379
combination with the acquisition of the state's interest under this 380
section, constitutes one concurrent acquisition of property or interests 381 Substitute Bill No. 1146
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therein. 382
[(c)] (d) To the extent there is a balance of bonds authorized but not 383
allocated by the State Bond Commission on or after July 1, 1998, 384
pursuant to any bond act for the purposes of (1) the recreation and 385
natural heritage trust program established under sections 23-73 to 23-386
79, inclusive, and (2) the municipal open space grant program 387
established under sections 7-131c to 7-131g, inclusive, as amended by 388
this act, the State Bond Commission shall authorize the issuance of such 389
balance only for the purposes described in section 23-74 and sections 23-390
75 and 7-131d, as amended by this act, and in two substantially equal 391
installments one in each half of the fiscal year commencing with the 392
fiscal year ending June 30, 1999. 393
Sec. 11. Subsection (c) of section 7-131d of the general statutes is 394
repealed and the following is substituted in lieu thereof (Effective from 395
passage): 396
(c) No grant may be made under the protected open space and 397
watershed land acquisition grant program established under subsection 398
(a) of this section or under the Charter Oak open space grant program 399
established under section 7-131t for: (1) Land to be used for commercial 400
purposes or for recreational purposes requiring intensive development, 401
including, but not limited to, golf courses, driving ranges, tennis courts, 402
ballfields, swimming pools and uses by motorized vehicles other than 403
vehicles needed by water companies to carry out their purposes, 404
provided trails or pathways for pedestrians, motorized wheelchairs or 405
nonmotorized vehicles shall not be considered intensive development; 406
(2) land with environmental contamination over a significant portion of 407
the property provided grants for land requiring remediation of 408
environmental contamination may be made if remediation will be 409
completed before acquisition of the land or any interest in the land and 410
an environmental assessment approved by the Commissioner of Energy 411
and Environmental Protection has been completed and no 412
environmental use restriction applies to the land; (3) land which has 413
already been committed for public use, except as provided in subsection 414 Substitute Bill No. 1146
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(c) of section 7-131g, as amended by this act; (4) development costs, 415
including, but not limited to, construction of ballfields, tennis courts, 416
parking lots or roadways; (5) land to be acquired by eminent domain; or 417
(6) reimbursement of in-kind services or incidental expenses associated 418
with the acquisition of land. This subsection shall not prohibit the 419
continuation of agricultural activity, the activities of a water company 420
for public water supply purposes or the selling of timber incidental to 421
management of the land which management is in accordance with 422
approved forest management practices provided any proceeds of such 423
timber sales shall be used for management of the land. In the case of 424
land acquired under this section which is designated as a state park, any 425
fees charged by the state for use of such land shall be used by the state 426
in accordance with the provisions of title 23. 427
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 26-5
Sec. 2 from passage 26-113
Sec. 3 from passage 26-159c
Sec. 4 from passage 26-102
Sec. 5 from passage 26-116
Sec. 6 from passage 26-137
Sec. 7 from passage 26-142b
Sec. 8 from passage 22a-6g(a)
Sec. 9 from passage 22a-6h(a)
Sec. 10 from passage 7-131g
Sec. 11 from passage 7-131d(c)
ENV Joint Favorable Subst.