Connecticut 2023 Regular Session

Connecticut Senate Bill SB01146 Compare Versions

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	7	+	General Assembly Substitute Bill No. 1146
	8	+	January Session, 2023
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4		-	Substitute Senate Bill No. 1146
5		-
6		-	Public Act No. 23-196
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8	13
9	14		AN ACT CONCERNING REVISIONS TO VARIOUS PROGRAMS OF
10	15		THE DEPARTMENT OF ENERGY AND ENVIRONMENTAL
11	16		PROTECTION.
12	17		Be it enacted by the Senate and House of Representatives in General
13	18		Assembly convened:
14	19
15		-	Section 1. Section 26-5 of the general statutes is repealed and the
16		-	following is substituted in lieu thereof (Effective from passage):
17		-	The Commissioner of Energy and Environmental Protection shall
18		-	appoint such number of conservation officers as may be necessary for
19		-	the efficient execution of the duties of the department under section 26-
20		-	6. The commissioner may supplement the regular conservation officer
21		-	force by appointing as special conservation officer any employee of the
22		-	department or any sworn federal law enforcement officer of the United
23		-	States Fish and Wildlife Service or National Marine Fisheries Service,
24		-	provided such federal officer shall not be considered an employee of the
25		-	state and may only exercise such officer's authority pursuant to section
26		-	26-6 when working with a full-time conservation officer. The
27		-	commissioner may also appoint any lake patrolman as a special
28		-	conservation officer solely for the purpose of enforcing boating laws
29		-	within such patrolman's jurisdiction, provided such patrolman shall not
30		-	be considered an employee of the state, and further provided that such
31		-	patrolman has completed a police training course at [the state police Substitute ~~Senate~~ Bill No. 1146
	20	+	Section 1. Section 26-5 of the general statutes is repealed and the 1
	21	+	following is substituted in lieu thereof (Effective from passage): 2
	22	+	The Commissioner of Energy and Environmental Protection shall 3
	23	+	appoint such number of conservation officers as may be necessary for 4
	24	+	the efficient execution of the duties of the department under section 26-5
	25	+	6. The commissioner may supplement the regular conservation officer 6
	26	+	force by appointing as special conservation officer any employee of the 7
	27	+	department or any sworn federal law enforcement officer of the United 8
	28	+	States Fish and Wildlife Service or National Marine Fisheries Service, 9
	29	+	provided such federal officer shall not be considered an employee of the 10
	30	+	state and may only exercise such officer's authority pursuant to section 11
	31	+	26-6 when working with a full-time conservation officer. The 12
	32	+	commissioner may also appoint any lake patrolman as a special 13
	33	+	conservation officer solely for the purpose of enforcing boating laws 14
	34	+	within such patrolman's jurisdiction, provided such patrolman shall not 15
	35	+	be considered an employee of the state, and further provided that such 16
	36	+	patrolman has completed a police training course at [the state police 17 Substitute Bill No. 1146
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33		-	Public Act No. 23-196 2 of 15
34	38
35		-	training school or an equivalent course approved by the Commissioner
36		-	of Emergency Services and Public Protection] a Police Officer Standards
37		-	and Training Council approved training academy. Notwithstanding the
38		-	provisions of this section, no such lake patrolman shall carry a firearm
39		-	while in the performance of [his or her] such patrolman's duties as a
40		-	special conservation officer unless the board of selectmen of the town or
41		-	towns in which the lake on which the lake patrolman serves is located
42		-	approves such carrying of a firearm, or in the case of any town having
43		-	no board of selectmen, the lake patrolman obtains the approval of the
44		-	legislative body of such town or towns in which the lake is located. Each
45		-	conservation officer [or special conservation officer] shall [complete a
46		-	police training course at the state police training school or an equivalent
47		-	course approved by the Commissioner of Emergency Services and
48		-	Public Protection] be certified by the Police Officer Standards and
49		-	Training Council in accordance with the provisions of section 7-294d not
50		-	later than one year after appointment. Each special conservation officer
51		-	shall be certified by the Police Officer Standards and Training Council
52		-	in accordance with the provisions of section 7-294d or complete an
53		-	equivalent course approved by the Commissioner of Emergency
54		-	Services and Public Protection. Special conservation officers who are
55		-	employees of the department shall be entitled to the same benefits to
56		-	which conservation officers are entitled under the provisions of section
57		-	5-142, and such an appointment shall be deemed not to be in conflict
58		-	with any of the provisions of chapter 67. In addition to their salaries,
59		-	conservation officers and special conservation officers who are
60		-	employees of the department shall be reimbursed for all expenses
61		-	incurred in performance of official duty.
62		-	Sec. 2. Section 26-113 of the general statutes is repealed and the
63		-	following is substituted in lieu thereof (Effective from passage):
64		-	Notice of such hearing shall be advertised in one or more newspapers
65		-	having a general circulation in each of the counties of the state or in the Substitute Senate Bill No. 1146
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67		-	Public Act No. 23-196 3 of 15
	43	+	training school or an equivalent course approved by the Commissioner 18
	44	+	of Emergency Services and Public Protection] a Police Officer Standards 19
	45	+	and Training Council approved training academy. Notwithstanding the 20
	46	+	provisions of this section, no such lake patrolman shall carry a firearm 21
	47	+	while in the performance of [his or her] such patrolman's duties as a 22
	48	+	special conservation officer unless the board of selectmen of the town or 23
	49	+	towns in which the lake on which the lake patrolman serves is located 24
	50	+	approves such carrying of a firearm, or in the case of any town having 25
	51	+	no board of selectmen, the lake patrolman obtains the approval of the 26
	52	+	legislative body of such town or towns in which the lake is located. Each 27
	53	+	conservation officer [or special conservation officer] shall [complete a 28
	54	+	police training course at the state police training school or an equivalent 29
	55	+	course approved by the Commissioner of Emergency Services and 30
	56	+	Public Protection] be certified by the Police Officer Standards and 31
	57	+	Training Council in accordance with the provisions of section 7-294d not 32
	58	+	later than one year after appointment. Each special conservation officer 33
	59	+	shall be certified by the Police Officer Standards and Training Council 34
	60	+	in accordance with the provisions of section 7-294d or complete an 35
	61	+	equivalent course approved by the Commissioner of Emergency 36
	62	+	Services and Public Protection. Special conservation officers who are 37
	63	+	employees of the department shall be entitled to the same benefits to 38
	64	+	which conservation officers are entitled under the provisions of section 39
	65	+	5-142, and such an appointment shall be deemed not to be in conflict 40
	66	+	with any of the provisions of chapter 67. In addition to their salaries, 41
	67	+	conservation officers and special conservation officers who are 42
	68	+	employees of the department shall be reimbursed for all expenses 43
	69	+	incurred in performance of official duty. 44
	70	+	Sec. 2. Section 26-113 of the general statutes is repealed and the 45
	71	+	following is substituted in lieu thereof (Effective from passage): 46
	72	+	Notice of such hearing shall be [advertised in one or more 47
	73	+	newspapers having a general circulation in each of the counties of the 48
	74	+	state or in the locality where such waters are situated] posted on the 49
	75	+	eRegulations System and on the Department of Energy and 50 Substitute Bill No. 1146
68	76
69		-	locality where such waters are situated and shall be posted on the
70		-	eRegulations System and on the Department of Energy and
71		-	Environmental Protection's Internet web site. The Commissioner of
72		-	Energy and Environmental Protection, or the commissioner's designee,
73		-	shall provide a copy of such notice to each municipality where such
74		-	waters are located for publication of such notice on the Internet web site
75		-	of each such municipality. Such notice shall specify the time, not less
76		-	than fourteen days thereafter, the agenda and the place designated by
77		-	the commissioner at which such hearing shall be held, and at which
78		-	persons having an interest therein will have an opportunity to be heard.
79		-	The commissioner or [his] the commissioner's designated representative
80		-	shall conduct such hearing and cause a record thereof to be made. After
81		-	such notice and hearing the commissioner shall issue [his] such
82		-	regulations based upon standards of sound fisheries management
83		-	including the following: (a) Scientific and factual findings of a biological
84		-	nature; (b) the availability of the species involved; (c) unusual weather
85		-	conditions and special hazards; (d) the available supply of food and
86		-	natural cover; (e) the general condition of the waters; (f) the control of
87		-	the species; (g) the number of permits issued; (h) the area available; (i)
88		-	the rights and privileges of sportsmen, landowners and the general
89		-	public; (j) the problem of providing and perpetuating a sound program
90		-	of fisheries management and a sound recreational program consistent
91		-	with the availability of the species.
92		-	Sec. 3. Section 26-159c of the general statutes is repealed and the
93		-	following is substituted in lieu thereof (Effective from passage):
94		-	Prior to the adoption of any regulation under subsection (g) of section
95		-	26-142a or section 26-159a, the commissioner or [his] the commissioner's
96		-	designated representative shall conduct a public hearing or hearings in
97		-	those coastal areas where persons substantially affected by such
98		-	regulation and having an interest therein may be heard. The
99		-	commissioner shall cause notice of such hearing or hearings to be Substitute Senate Bill No. 1146
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101		-	Public Act No. 23-196 4 of 15
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103		-	published at least once not more than thirty days and not fewer than ten
104		-	days before the date set for such hearing or hearings in a newspaper or
105		-	newspapers having general circulation in those areas which may be
106		-	affected by such regulation and shall be posted on the eRegulations
107		-	System and on the Department of Energy and Environmental
108		-	Protection's Internet web site not fewer than fourteen days prior to the
109		-	date set for such hearing or hearings. The commissioner, or the
110		-	commissioner's designee, shall provide a copy of such notice to all
111		-	coastal municipalities with persons who may be substantially affected
112		-	by such regulations for publication of such notice on the Internet web
113		-	site of each such municipality.
114		-	Sec. 4. Section 26-102 of the general statutes is repealed and the
115		-	following is substituted in lieu thereof (Effective from passage):
116		-	The commissioner may establish fish spawning areas and refuges on
117		-	any waters; and [he] the commissioner may establish closed areas and
118		-	safety zones on public lands and waters and, with the consent of the
119		-	owner, on private lands and waters, and close any such area to fishing
120		-	and trespassing. The commissioner shall have emergency authority to
121		-	declare a closed season on any regulated species [of fish] threatened
122		-	with undue depletion from any cause and, the provisions of section 26-
123		-	116, as amended by this act, notwithstanding, if such cause is any
124		-	person, firm or corporation engaged in commercial fishing activity, the
125		-	commissioner shall have the additional emergency power to establish
126		-	prescribed conditions for the operation of such commercial fishing
127		-	activity, or suspend or prohibit the right of such person, firm or
128		-	corporation to operate within such waters for such period of time as the
129		-	commissioner deems necessary. The commissioner may, if [he] the
130		-	commissioner deems it necessary, close any waters, or portions thereof,
131		-	in the inland district to fishing for limited periods of time.
132		-	Sec. 5. Section 26-116 of the general statutes is repealed and the
133		-	following is substituted in lieu thereof (Effective from passage): Substitute Senate Bill No. 1146
	82	+	Environmental Protection's Internet web site. The Commissioner of 51
	83	+	Energy and Environmental Protection, or the commissioner's designee, 52
	84	+	shall provide a copy of such notice to each municipality where such 53
	85	+	waters are located for publication of such notice on the Internet web site 54
	86	+	of each such municipality. Such notice shall specify the time, not less 55
	87	+	than fourteen days thereafter, the agenda and the place designated by 56
	88	+	the commissioner at which such hearing shall be held, and at which 57
	89	+	persons having an interest therein will have an opportunity to be heard. 58
	90	+	The commissioner or [his] the commissioner's designated representative 59
	91	+	shall conduct such hearing and cause a record thereof to be made. After 60
	92	+	such notice and hearing the commissioner shall issue [his] such 61
	93	+	regulations based upon standards of sound fisheries management 62
	94	+	including the following: (a) Scientific and factual findings of a biological 63
	95	+	nature; (b) the availability of the species involved; (c) unusual weather 64
	96	+	conditions and special hazards; (d) the available supply of food and 65
	97	+	natural cover; (e) the general condition of the waters; (f) the control of 66
	98	+	the species; (g) the number of permits issued; (h) the area available; (i) 67
	99	+	the rights and privileges of sportsmen, landowners and the general 68
	100	+	public; (j) the problem of providing and perpetuating a sound program 69
	101	+	of fisheries management and a sound recreational program consistent 70
	102	+	with the availability of the species. 71
	103	+	Sec. 3. Section 26-159c of the general statutes is repealed and the 72
	104	+	following is substituted in lieu thereof (Effective from passage): 73
	105	+	Prior to the adoption of any regulation under subsection (g) of section 74
	106	+	26-142a or section 26-159a, the commissioner or [his] the commissioner's 75
	107	+	designated representative shall conduct a public hearing or hearings in 76
	108	+	those coastal areas where persons substantially affected by such 77
	109	+	regulation and having an interest therein may be heard. The 78
	110	+	commissioner shall cause notice of such hearing or hearings to be 79
	111	+	[published at least once not more than thirty days and not fewer than 80
	112	+	ten days before the date set for such hearing or hearings in a newspaper 81
	113	+	or newspapers having general circulation in those areas which may be 82
	114	+	affected by such regulation] posted on the eRegulations System and on 83 Substitute Bill No. 1146
134	115
135		-	Public Act No. 23-196 5 of 15
136	116
137		-	The provisions of sections [26-102 and] 26-111 to 26-117, inclusive,
138		-	shall not apply to the taking of fish for commercial purposes and shall
139		-	not affect any statute regulating fishing in any lake, pond or reservoir
140		-	used for domestic water supply, nor shall any action be taken under the
141		-	provisions of said sections which will unreasonably interfere with the
142		-	proper management of a public water supply system.
143		-	Sec. 6. Section 26-137 of the general statutes is repealed and the
144		-	following is substituted in lieu thereof (Effective from passage):
145		-	No person shall take or attempt to take any fish [, with the exception
146		-	of lamprey eels during the open season for the same,] within two
147		-	hundred fifty feet of any fishway, except that the commissioner when
148		-	[he] the commissioner deems necessary may extend or reduce such
149		-	distance and shall indicate such other distance by posting.
150		-	Sec. 7. Section 26-142b of the general statutes is repealed and the
151		-	following is substituted in lieu thereof (Effective from passage):
152		-	(a) For the purposes of this section, "active" with regard to a principal
153		-	commercial fishing license, general commercial fishing license or
154		-	commercial lobster pot fishing license means that the license has been
155		-	renewed in the current year.
156		-	(b) Notwithstanding any other provision of law, the Commissioner
157		-	of Energy and Environmental Protection may reissue an active principal
158		-	commercial fishing license, general commercial fishing license or
159		-	commercial lobster pot fishing license in the event the license holder is
160		-	temporarily incapacitated and unable to operate a vessel or perform
161		-	other necessary functions associated with commercial fishing or in the
162		-	event a license holder is unable to conduct commercial fishing due to
163		-	exigencies related to medical care of an immediate family member. Such
164		-	temporary license may only be issued to a member of such
165		-	[incapacitated] license holder's immediate family or to a member of such Substitute Senate Bill No. 1146
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167		-	Public Act No. 23-196 6 of 15
	121	+	the Department of Energy and Environmental Protection's Internet web 84
	122	+	site not fewer than fourteen days prior to the date set for such hearing 85
	123	+	or hearings. The commissioner, or the commissioner's designee, shall 86
	124	+	provide a copy of such notice to all coastal municipalities with persons 87
	125	+	who may be substantially affected by such regulations for publication 88
	126	+	of such notice on the Internet web site of each such municipality. 89
	127	+	Sec. 4. Section 26-102 of the general statutes is repealed and the 90
	128	+	following is substituted in lieu thereof (Effective from passage): 91
	129	+	The commissioner may establish fish spawning areas and refuges on 92
	130	+	any waters; and [he] the commissioner may establish closed areas and 93
	131	+	safety zones on public lands and waters and, with the consent of the 94
	132	+	owner, on private lands and waters, and close any such area to fishing 95
	133	+	and trespassing. The commissioner shall have emergency authority to 96
	134	+	declare a closed season on any regulated species [of fish] threatened 97
	135	+	with undue depletion from any cause and, the provisions of section 26-98
	136	+	116, as amended by this act, notwithstanding, if such cause is any 99
	137	+	person, firm or corporation engaged in commercial fishing activity, the 100
	138	+	commissioner shall have the additional emergency power to establish 101
	139	+	prescribed conditions for the operation of such commercial fishing 102
	140	+	activity, or suspend or prohibit the right of such person, firm or 103
	141	+	corporation to operate within such waters for such period of time as the 104
	142	+	commissioner deems necessary. The commissioner may, if [he] the 105
	143	+	commissioner deems it necessary, close any waters, or portions thereof, 106
	144	+	in the inland district to fishing for limited periods of time. 107
	145	+	Sec. 5. Section 26-116 of the general statutes is repealed and the 108
	146	+	following is substituted in lieu thereof (Effective from passage): 109
	147	+	The provisions of sections [26-102 and] 26-111 to 26-117, inclusive, 110
	148	+	shall not apply to the taking of fish for commercial purposes and shall 111
	149	+	not affect any statute regulating fishing in any lake, pond or reservoir 112
	150	+	used for domestic water supply, nor shall any action be taken under the 113
	151	+	provisions of said sections which will unreasonably interfere with the 114
	152	+	proper management of a public water supply system. 115 Substitute Bill No. 1146
168	153
169		-	[incapacitated] license holder's crew, as designated by such license
170		-	holder, for the duration of such license holder's incapacity or [twelve
171		-	consecutive months, whichever is the shorter period] exigencies related
172		-	to medical care of an immediate family member of such license holder.
173		-	Such temporary license shall be subject to the provisions of section 26-
174		-	142a. Landings during the period of such temporary license reissue may
175		-	be used to satisfy the requirements for license transfer in subsection (c)
176		-	of this section, provided the licensee met all such requirements for
177		-	transfer at the time of such temporary reissue.
178		-	(c) The commissioner may authorize the transfer of an active
179		-	principal commercial fishing license, general commercial fishing license
180		-	or commercial lobster pot fishing license, issued pursuant to subsection
181		-	(f) of section 26-142a, provided: (1) For purposes of an active resident-
182		-	held principal or general commercial fishing license or commercial
183		-	lobster pot fishing license: (A) The person receiving the license in such
184		-	transfer is a resident of this state, and (B) the person transferring the
185		-	license held the license and landed regulated species or owned a vessel
186		-	that landed regulated species under the privilege of a quota-managed
187		-	species endorsement associated with the license in at least five of the
188		-	eight calendar years preceding the transfer request and [reported] such
189		-	landings were reported to the commissioner, pursuant to section 26-
190		-	157b, for not less than thirty fishing days in each year, or (2) for purposes
191		-	of an active nonresident-held principal or general commercial fishing
192		-	license or commercial lobster pot fishing license: The person
193		-	transferring the license held the license and landed regulated species or
194		-	owned a vessel that landed regulated species under the privilege of a
195		-	quota-managed species endorsement associated with the license in at
196		-	least five of the eight calendar years preceding the transfer request and
197		-	[reported] such landings were reported to the commissioner, pursuant
198		-	to section 26-157b, for not less than thirty fishing days in each year. Such
199		-	landings shall be verified by seafood dealer reports submitted pursuant
200		-	to section 26-157b. The recipient of a transferred commercial lobster pot Substitute Senate Bill No. 1146
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204		-	fishing license or principal commercial fishing license shall be limited to
205		-	the number of lobster pots allocated to such license, except a transferee
206		-	who currently holds a commercial lobster pot fishing license, issued
207		-	pursuant to subsection (f) of section 26-142a, shall be limited to the
208		-	number of pots allocated to such person's currently held commercial
209		-	lobster pot fishing license or principal commercial fishing license or to
210		-	the transferred license, whichever is greater. The length of any
211		-	commercial fishing vessel used by the recipient of a transferred license
212		-	to fish with a trawl net in the waters of this state shall be not more than
213		-	[ten] twenty per cent greater than the length of the largest vessel used
214		-	by the person transferring the license during such qualifying period.
215		-	(d) (1) In the event of the death of the holder of an active principal
216		-	commercial fishing license, general commercial fishing license or
217		-	commercial lobster pot fishing license, the commissioner may authorize
218		-	the transfer of such license pursuant to subsection (c) of this section, for
219		-	a period of two years from the date of death of such license holder.
220		-	(2) If the deceased license holder held such license for a period of less
221		-	than five complete calendar years, the commissioner may authorize the
222		-	transfer of such license (A) subject to the provisions of this section, and
223		-	(B) provided the deceased license holder landed regulated species or
224		-	owned a vessel that landed regulated species under the privilege of a
225		-	quota-managed species endorsement associated with the license in each
226		-	calendar year during which the deceased license holder held the license
227		-	for six months or longer, and (C) provided such landings were reported
228		-	to the commissioner by the deceased license holder, pursuant to section
229		-	26-157b, for not less than thirty fishing days in each year.
230		-	(e) Upon transfer of a license, the original license holder shall become
231		-	ineligible to obtain a renewal of that license. Such original license holder
232		-	may acquire a new license through a subsequent license transfer.
233		-	(f) A transfer of a license under this section shall not be made while a Substitute Senate Bill No. 1146
	159	+	Sec. 6. Section 26-137 of the general statutes is repealed and the 116
	160	+	following is substituted in lieu thereof (Effective from passage): 117
	161	+	No person shall take or attempt to take any fish [, with the exception 118
	162	+	of lamprey eels during the open season for the same,] within two 119
	163	+	hundred fifty feet of any fishway, except that the commissioner when 120
	164	+	[he] the commissioner deems necessary may extend or reduce such 121
	165	+	distance and shall indicate such other distance by posting. 122
	166	+	Sec. 7. Section 26-142b of the general statutes is repealed and the 123
	167	+	following is substituted in lieu thereof (Effective from passage): 124
	168	+	(a) For the purposes of this section, "active" with regard to a principal 125
	169	+	commercial fishing license, general commercial fishing license or 126
	170	+	commercial lobster pot fishing license means that the license has been 127
	171	+	renewed in the current year. 128
	172	+	(b) Notwithstanding any other provision of law, the Commissioner 129
	173	+	of Energy and Environmental Protection may reissue an active principal 130
	174	+	commercial fishing license, general commercial fishing license or 131
	175	+	commercial lobster pot fishing license in the event the license holder is 132
	176	+	temporarily incapacitated and unable to operate a vessel or perform 133
	177	+	other necessary functions associated with commercial fishing or in the 134
	178	+	event a license holder is unable to conduct commercial fishing due to 135
	179	+	exigencies related to medical care of an immediate family member. Such 136
	180	+	temporary license may only be issued to a member of such 137
	181	+	[incapacitated] license holder's immediate family or to a member of such 138
	182	+	[incapacitated] license holder's crew, as designated by such license 139
	183	+	holder, for the duration of such license holder's incapacity or [twelve 140
	184	+	consecutive months, whichever is the shorter period] exigencies related 141
	185	+	to medical care of an immediate family member of such license holder. 142
	186	+	Such temporary license shall be subject to the provisions of section 26-143
	187	+	142a. Landings during the period of such temporary license reissue may 144
	188	+	be used to satisfy the requirements for license transfer in subsection (c) 145
	189	+	of this section, provided the licensee met all such requirements for 146
	190	+	transfer at the time of such temporary reissue. 147 Substitute Bill No. 1146
234	191
235		-	Public Act No. 23-196 8 of 15
236	192
237		-	commercial fishery license, registration or vessel permit held by the
238		-	transferor or transferee is under suspension and a transfer shall not be
239		-	authorized for any transferee who has had a commercial fishery license,
240		-	registration or vessel permit revoked or suspended within the preceding
241		-	twelve months.
242		-	Sec. 8. Subsection (a) of section 22a-6g of the general statutes is
243		-	repealed and the following is substituted in lieu thereof (Effective from
244		-	passage):
245		-	(a) Any person who submits an application to the Commissioner of
246		-	Energy and Environmental Protection for any permit or other license
247		-	pursuant to section 22a-32, 22a-39, 22a-174, 22a-208a, 22a-342, 22a-361,
248		-	22a-368, 22a-403 or 22a-430, subsection (b) or (c) of section 22a-449,
249		-	section 22a-454 or Section 401 of the federal Water Pollution Control Act
250		-	(33 USC 466 et seq.), except an application for authorization under a
251		-	general permit shall: (1) Publish notice of such application in a
252		-	newspaper of general circulation in the affected area and on the Internet
253		-	web site used for local land use decisions in the municipality where such
254		-	property is located. Such notice shall also be published on the Internet
255		-	web site of the Department of Energy and Environmental Protection; (2)
256		-	notify the chief elected official of the municipality in which the
257		-	regulated activity is proposed; and (3) include with such application a
258		-	copy of such notice as it appeared in the newspaper or municipal land
259		-	use Internet web site and a signed statement certifying that the applicant
260		-	notified the chief elected official of the municipality in which such
261		-	regulated activity is proposed. Such notices shall include: (A) The name
262		-	and mailing address of the applicant and the address of the location at
263		-	which the proposed activity will take place; (B) the application number,
264		-	if available; (C) the type of permit sought, including a reference to the
265		-	applicable statute or regulation; (D) a description of the activity for
266		-	which a permit is sought; (E) a description of the location of the
267		-	proposed activity and any natural resources affected thereby; (F) the Substitute Senate Bill No. 1146
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268	196
269		-	Public Act No. 23-196 9 of 15
	197	+	(c) The commissioner may authorize the transfer of an active 148
	198	+	principal commercial fishing license, general commercial fishing license 149
	199	+	or commercial lobster pot fishing license, issued pursuant to subsection 150
	200	+	(f) of section 26-142a, provided: (1) For purposes of an active resident-151
	201	+	held principal or general commercial fishing license or commercial 152
	202	+	lobster pot fishing license: (A) The person receiving the license in such 153
	203	+	transfer is a resident of this state, and (B) the person transferring the 154
	204	+	license held the license and landed regulated species or owned a vessel 155
	205	+	that landed regulated species under the privilege of a quota-managed 156
	206	+	species endorsement associated with the license in at least five of the 157
	207	+	eight calendar years preceding the transfer request and [reported] such 158
	208	+	landings were reported to the commissioner, pursuant to section 26-159
	209	+	157b, for not less than thirty fishing days in each year, or (2) for purposes 160
	210	+	of an active nonresident-held principal or general commercial fishing 161
	211	+	license or commercial lobster pot fishing license: The person 162
	212	+	transferring the license held the license and landed regulated species or 163
	213	+	owned a vessel that landed regulated species under the privilege of a 164
	214	+	quota-managed species endorsement associated with the license in at 165
	215	+	least five of the eight calendar years preceding the transfer request and 166
	216	+	[reported] such landings were reported to the commissioner, pursuant 167
	217	+	to section 26-157b, for not less than thirty fishing days in each year. Such 168
	218	+	landings shall be verified by seafood dealer reports submitted pursuant 169
	219	+	to section 26-157b. The recipient of a transferred commercial lobster pot 170
	220	+	fishing license or principal commercial fishing license shall be limited to 171
	221	+	the number of lobster pots allocated to such license, except a transferee 172
	222	+	who currently holds a commercial lobster pot fishing license, issued 173
	223	+	pursuant to subsection (f) of section 26-142a, shall be limited to the 174
	224	+	number of pots allocated to such person's currently held commercial 175
	225	+	lobster pot fishing license or principal commercial fishing license or to 176
	226	+	the transferred license, whichever is greater. The length of any 177
	227	+	commercial fishing vessel used by the recipient of a transferred license 178
	228	+	to fish with a trawl net in the waters of this state shall be not more than 179
	229	+	[ten] twenty per cent greater than the length of the largest vessel used 180
	230	+	by the person transferring the license during such qualifying period. 181 Substitute Bill No. 1146
270	231
271		-	name, address and telephone number of any agent of the applicant from
272		-	whom interested persons may obtain copies of the application; and (G)
273		-	a statement that the application is available for inspection at the office
274		-	of the Department of Energy and Environmental Protection. The
275		-	commissioner shall not process an application until the applicant has
276		-	submitted to the commissioner a copy of the notice and the signed
277		-	statement required by this section. Any person who submits an
278		-	application pursuant to section 22a-32 or 22a-361 shall additionally mail
279		-	such notice to any land owner of record for any property that is located
280		-	five hundred feet or less from the property line of the property on which
281		-	such proposed activity will occur. The provisions of this section shall
282		-	not apply to discharges exempted from the notice requirement by the
283		-	commissioner pursuant to subsection (b) of section 22a-430, to
284		-	hazardous waste transporter permits issued pursuant to section 22a-454
285		-	or to special waste authorizations issued pursuant to section 22a-209
286		-	and regulations adopted thereunder.
287		-	Sec. 9. Subsection (a) of section 22a-6h of the general statutes is
288		-	repealed and the following is substituted in lieu thereof (Effective from
289		-	passage):
290		-	(a) The Commissioner of Energy and Environmental Protection, at
291		-	least thirty days before approving or denying an application under
292		-	section 22a-32, 22a-39, 22a-174, 22a-208a, 22a-342, 22a-361, 22a-368, 22a-
293		-	403 or 22a-430, subsection (b) or (c) of section 22a-449, section 22a-454 or
294		-	Section 401 of the federal Water Pollution Control Act (33 USC 466 et
295		-	seq.), shall publish or cause to be published, at the applicant's expense,
296		-	once in a newspaper having a substantial circulation in the affected area
297		-	and, if such application pertains to a single-family residential property,
298		-	on the Internet web site used for local land use decisions in the
299		-	municipality where such property is located and on the Internet web
300		-	site of the Department of Energy and Environmental Protection notice
301		-	of the commissioner's tentative determination regarding such Substitute Senate Bill No. 1146
302	232
303		-	Public Act No. 23-196 10 of 15
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304	236
305		-	~~application. Such notice shall include:~~ (1) The ~~name and mailing address~~
306		-	~~of the applicant and the address of the location of the proposed activity;~~
307		-	~~(2)~~ the ~~application number;~~ ~~(3) the tentative decision regarding the~~
308		-	~~application; (4)~~ the ~~type~~ of ~~permit or other authorization sought~~,
309		-	~~including~~ a ~~reference to~~ the ~~applicable statute or regulation;~~ ~~(5) a~~
310		-	~~description~~ of ~~the location of the proposed activity and any natural~~
311		-	~~resources affected thereby;~~ ~~(6)~~ the ~~name, address and telephone number~~
312		-	~~of any agent~~ of the ~~applicant from whom interested persons may obtain~~
313		-	~~copies of~~ the ~~application; (7) a brief description of all opportunities for~~
314		-	~~public participation provided by statute or regulation,~~ ~~including~~ the
315		-	~~length of time available for submission of public comments to~~ the
316		-	~~commissioner on~~ the ~~application; and (8) such additional information as~~
317		-	~~the commissioner deems necessary to comply with any provision of this~~
318		-	~~title or regulations adopted hereunder, or with~~ the ~~federal Clean Air~~
319		-	~~Act~~, ~~federal Clean Water Act or federal Resource Conservation and~~
320		-	~~Recovery Act.~~ The ~~commissioner~~ shall ~~further give notice of such~~
321		-	~~determination~~ to ~~the chief elected official~~ of ~~the municipality in which~~
322		-	~~the regulated activity is proposed~~. ~~Nothing in this section shall preclude~~
323		-	~~the commissioner from giving such additional notice as may~~ be ~~required~~
324		-	~~by any other provision of this title~~ or ~~regulations adopted hereunder,~~ or
325		-	~~by the federal Clean Air Act, federal Clean Water Act~~ or ~~federal~~
326		-	~~Resource Conservation and Recovery Act.~~ ~~The provisions of this section~~
327		-	~~shall not apply to discharges exempted from~~ the ~~notice requirement by~~
328		-	~~the commissioner pursuant to subsection (b) of section 22a-430, to~~
329		-	~~hazardous waste transporter permits issued pursuant to~~ section 22a-~~454~~
330		-	~~or to special waste authorizations issued pursuant to section 22a-209~~
331		-	~~and regulations adopted thereunder.~~
332		-	~~Sec. 10.~~ ~~Section 7-131g~~ of ~~the general statutes is repealed and the~~
333		-	~~following is substituted in lieu thereof (Effective~~ ~~from passage):~~
334		-	~~(a) The Commissioner of Energy and Environmental Protection may~~
335		-	~~make grants under the open space and watershed land acquisition~~ Substitute ~~Senate~~ Bill No. 1146
	237	+	(d) (1) In the event of the death of the holder of an active principal 182
	238	+	commercial fishing license, general commercial fishing license or 183
	239	+	commercial lobster pot fishing license, the commissioner may authorize 184
	240	+	the transfer of such license pursuant to subsection (c) of this section, for 185
	241	+	a period of two years from the date of death of such license holder. 186
	242	+	(2) If the deceased license holder held such license for a period of less 187
	243	+	than five complete calendar years, the commissioner may authorize the 188
	244	+	transfer of such license (A) subject to the provisions of this section, and 189
	245	+	(B) provided the deceased license holder landed regulated species or 190
	246	+	owned a vessel that landed regulated species under the privilege of a 191
	247	+	quota-managed species endorsement associated with the license in each 192
	248	+	calendar year during which the deceased license holder held the license 193
	249	+	for six months or longer, and (C) provided such landings were reported 194
	250	+	to the commissioner by the deceased license holder, pursuant to section 195
	251	+	26-157b, for not less than thirty fishing days in each year. 196
	252	+	(e) Upon transfer of a license, the original license holder shall become 197
	253	+	ineligible to obtain a renewal of that license. Such original license holder 198
	254	+	may acquire a new license through a subsequent license transfer. 199
	255	+	(f) A transfer of a license under this section shall not be made while a 200
	256	+	commercial fishery license, registration or vessel permit held by the 201
	257	+	transferor or transferee is under suspension and a transfer shall not be 202
	258	+	authorized for any transferee who has had a commercial fishery license, 203
	259	+	registration or vessel permit revoked or suspended within the preceding 204
	260	+	twelve months. 205
	261	+	Sec. 8. Subsection (a) of section 22a-6g of the general statutes is 206
	262	+	repealed and the following is substituted in lieu thereof (Effective from 207
	263	+	passage): 208
	264	+	(a) Any person who submits an application to the Commissioner of 209
	265	+	Energy and Environmental Protection for any permit or other license 210
	266	+	pursuant to section 22a-32, 22a-39, 22a-174, 22a-208a, 22a-342, 22a-361, 211
	267	+	22a-368, 22a-403 or 22a-430, subsection (b) or (c) of section 22a-449, 212 Substitute Bill No. 1146
336	268
337		-	Public Act No. 23-196 11 of 15
338	269
339		-	program to: (1) Municipalities for acquisition of land for open space
340		-	under subdivisions (1) to (6), inclusive, of subsection (b) of section 7-
341		-	131d in an amount not to exceed sixty-five per cent of the fair market
342		-	value of a parcel of land or interest in land proposed to be acquired; (2)
343		-	municipalities for acquisition of land for class I and class II water supply
344		-	protection under subdivision (5) of subsection (b) of said section 7-131d,
345		-	as amended by this act, in an amount not to exceed sixty-five per cent of
346		-	such value; (3) nonprofit land conservation organizations for acquisition
347		-	of land for open space or watershed protection under subdivisions (1)
348		-	to (6), inclusive, of subsection (b) of said section 7-131d, as amended by
349		-	this act, in an amount not to exceed sixty-five per cent of such value; (4)
350		-	water companies for acquisition of land under subdivision (7) of
351		-	subsection (b) of said section 7-131d, as amended by this act, in an
352		-	amount not to exceed sixty-five per cent of such value provided if such
353		-	a company proposes in a grant application that it intends to allow access
354		-	to such land for recreational uses, such company shall seek approval of
355		-	the Commissioner of Public Health for such access; and (5) distressed
356		-	municipalities or targeted investment communities, as defined in
357		-	section 32-9p, or, with the approval of the chief elected official or
358		-	governing legislative body of such a municipality or community, to a
359		-	nonprofit land conservation organization or water company, for
360		-	acquisition of land within that municipality or community, for open
361		-	space under subdivisions (1) to (6), inclusive, of subsection (b) of said
362		-	section 7-131d, as amended by this act, in an amount not to exceed
363		-	seventy-five per cent of such value or for performance of work in the
364		-	restoration, enhancement or protection of resources in an amount not to
365		-	exceed fifty per cent of the cost of such work. Applicants for grants
366		-	under the program shall provide a copy of the application to the
367		-	chairperson of the review board established under section 7-131e. The
368		-	board shall provide comments to the commissioner on pending
369		-	applications as it deems necessary.
370		-	(b) For purposes of this subsection, the fair market value of land or Substitute Senate Bill No. 1146
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371	273
372		-	Public Act No. 23-196 12 of 15
	274	+	section 22a-454 or Section 401 of the federal Water Pollution Control Act 213
	275	+	(33 USC 466 et seq.), except an application for authorization under a 214
	276	+	general permit shall: (1) Publish notice of such application in a 215
	277	+	newspaper of general circulation in the affected area or on the Internet 216
	278	+	web site used for local land use decisions in the municipality where such 217
	279	+	property is located. Such notice shall also be published on the Internet 218
	280	+	web site of the Department of Energy and Environmental Protection; (2) 219
	281	+	notify the chief elected official of the municipality in which the 220
	282	+	regulated activity is proposed; and (3) include with such application a 221
	283	+	copy of such notice as it appeared in the newspaper or municipal land 222
	284	+	use Internet web site and a signed statement certifying that the applicant 223
	285	+	notified the chief elected official of the municipality in which such 224
	286	+	regulated activity is proposed. Such notices shall include: (A) The name 225
	287	+	and mailing address of the applicant and the address of the location at 226
	288	+	which the proposed activity will take place; (B) the application number, 227
	289	+	if available; (C) the type of permit sought, including a reference to the 228
	290	+	applicable statute or regulation; (D) a description of the activity for 229
	291	+	which a permit is sought; (E) a description of the location of the 230
	292	+	proposed activity and any natural resources affected thereby; (F) the 231
	293	+	name, address and telephone number of any agent of the applicant from 232
	294	+	whom interested persons may obtain copies of the application; and (G) 233
	295	+	a statement that the application is available for inspection at the office 234
	296	+	of the Department of Energy and Environmental Protection. The 235
	297	+	commissioner shall not process an application until the applicant has 236
	298	+	submitted to the commissioner a copy of the notice and the signed 237
	299	+	statement required by this section. Any person who submits an 238
	300	+	application pursuant to section 22a-32 or 22a-361 shall additionally mail 239
	301	+	such notice to any land owner of record for any property that is located 240
	302	+	five hundred feet or less from the property line of the property on which 241
	303	+	such proposed activity will occur. The provisions of this section shall 242
	304	+	not apply to discharges exempted from the notice requirement by the 243
	305	+	commissioner pursuant to subsection (b) of section 22a-430, to 244
	306	+	hazardous waste transporter permits issued pursuant to section 22a-454 245
	307	+	or to special waste authorizations issued pursuant to section 22a-209 246
	308	+	and regulations adopted thereunder. 247 Substitute Bill No. 1146
373	309
374		-	interest in land shall be determined by one or more appraisals
375		-	satisfactory to the commissioner and shall not include incidental costs,
376		-	including, but not limited to, surveying, development or closing costs.
377		-	The commissioner may consider a portion of the fair market value of a
378		-	donation of land by an entity receiving a grant as a portion of the
379		-	matching funds required under this subsection. A grantee may use
380		-	funds made available by the state, pursuant to subsection (a) of this
381		-	section, and the federal government to fund not more than ninety per
382		-	cent of the fair market value of any project funded under the program,
383		-	except the commissioner may authorize a grantee to use such state funds
384		-	provided pursuant to subsection (a) of this section and any funds made
385		-	available by the federal government to fund one hundred per cent of the
386		-	fair market value of any project funded under said program if the
387		-	commissioner determines that any of the following conditions exist: (1)
388		-	The grantee committed or expended significant resources, including,
389		-	but not limited to, payment of such incidental costs, toward the
390		-	acquisition and preservation in perpetuity of such land; (2) that the
391		-	grantee committed or expended significant resources for the care,
392		-	maintenance or preservation of such land that was consistent with the
393		-	intent of the open space and watershed land acquisition program, as
394		-	described in section 7-131d, as amended by this act; (3) that such project
395		-	will provide a significant recreational opportunity or natural resource
396		-	protection for the state and is consistent with: (A) The criteria of
397		-	subsections (b) and (c) of section 7-131d, as amended by this act; (B) the
398		-	additional considerations set forth in subsection (a) of section 7-131e;
399		-	and (C) any written guidelines developed by the commissioner
400		-	pursuant to said subsection; or (4) that such project is located in an area
401		-	of the state with a limited amount of land available for such recreational
402		-	opportunity or natural resource protection and is consistent with: (A)
403		-	The criteria of subsections (b) and (c) of section 7-131d, as amended by
404		-	this act; (B) the additional considerations set forth in subsection (a) of
405		-	section 7-131e, except equitable geographic distribution of such grants;
406		-	and (C) any written guidelines developed by the commissioner Substitute Senate Bill No. 1146
407	310
408		-	Public Act No. 23-196 13 of 15
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409	314
410		-	pursuant to said subsection.
411		-	(c) Notwithstanding the provisions of subdivision (3) of subsection
412		-	(c) of section 7-131d, as amended by this act, any land that is the subject
413		-	of the execution or recording of a conservation easement or restriction
414		-	that resulted from a federally funded land conservation program,
415		-	municipal conservation grant program or a private conservation grant
416		-	program, prior to the recording of a permanent conservation easement
417		-	described in subsection (e) of section 7-131d, shall not be construed to
418		-	constitute land that has already been committed for public use,
419		-	provided:
420		-	(1) Such prior conservation easement or restriction is executed after
421		-	the execution of the grant agreement for a grant to preserve such land
422		-	under the provisions of this section, (2) at the time of the recording of
423		-	the permanent conservation easement required pursuant to subsection
424		-	(e) of section 7-131d, any nonfederal holder of any such prior easement
425		-	subordinates such holder's interests in the land to the interests of the
426		-	state, (3) such other federal funds, municipal grant funds or private
427		-	grant funds are used as matching funds for a grant issued under this
428		-	section, and (4) the Commissioner of Energy and Environmental
429		-	Protection determines, based on all pertinent circumstances, that the
430		-	conveyance of such other conservation easement or restriction, in
431		-	combination with the acquisition of the state's interest under this
432		-	section, constitutes one concurrent acquisition of property or interests
433		-	therein.
434		-	[(c)] (d) To the extent there is a balance of bonds authorized but not
435		-	allocated by the State Bond Commission on or after July 1, 1998,
436		-	pursuant to any bond act for the purposes of (1) the recreation and
437		-	natural heritage trust program established under sections 23-73 to 23-
438		-	79, inclusive, and (2) the municipal open space grant program
439		-	established under sections 7-131c to 7-131g, inclusive, as amended by
440		-	this act, the State Bond Commission shall authorize the issuance of such Substitute Senate Bill No. 1146
	315	+	Sec. 9. Subsection (a) of section 22a-6h of the general statutes is 248
	316	+	repealed and the following is substituted in lieu thereof (Effective from 249
	317	+	passage): 250
	318	+	(a) The Commissioner of Energy and Environmental Protection, at 251
	319	+	least thirty days before approving or denying an application under 252
	320	+	section 22a-32, 22a-39, 22a-174, 22a-208a, 22a-342, 22a-361, 22a-368, 22a-253
	321	+	403 or 22a-430, subsection (b) or (c) of section 22a-449, section 22a-454 or 254
	322	+	Section 401 of the federal Water Pollution Control Act (33 USC 466 et 255
	323	+	seq.), shall publish or cause to be published, at the applicant's expense, 256
	324	+	once in a newspaper having a substantial circulation in the affected area 257
	325	+	or, if such application pertains to a single-family residential property, 258
	326	+	on the Internet web site used for local land use decisions in the 259
	327	+	municipality where such property is located and on the Internet web 260
	328	+	site of the Department of Energy and Environmental Protection notice 261
	329	+	of the commissioner's tentative determination regarding such 262
	330	+	application. Such notice shall include: (1) The name and mailing address 263
	331	+	of the applicant and the address of the location of the proposed activity; 264
	332	+	(2) the application number; (3) the tentative decision regarding the 265
	333	+	application; (4) the type of permit or other authorization sought, 266
	334	+	including a reference to the applicable statute or regulation; (5) a 267
	335	+	description of the location of the proposed activity and any natural 268
	336	+	resources affected thereby; (6) the name, address and telephone number 269
	337	+	of any agent of the applicant from whom interested persons may obtain 270
	338	+	copies of the application; (7) a brief description of all opportunities for 271
	339	+	public participation provided by statute or regulation, including the 272
	340	+	length of time available for submission of public comments to the 273
	341	+	commissioner on the application; and (8) such additional information as 274
	342	+	the commissioner deems necessary to comply with any provision of this 275
	343	+	title or regulations adopted hereunder, or with the federal Clean Air 276
	344	+	Act, federal Clean Water Act or federal Resource Conservation and 277
	345	+	Recovery Act. The commissioner shall further give notice of such 278
	346	+	determination to the chief elected official of the municipality in which 279
	347	+	the regulated activity is proposed. Nothing in this section shall preclude 280
	348	+	the commissioner from giving such additional notice as may be required 281 Substitute Bill No. 1146
441	349
442		-	Public Act No. 23-196 14 of 15
443	350
444		-	balance only for the purposes described in section 23-74 and sections 23-
445		-	75 and 7-131d, as amended by this act, and in two substantially equal
446		-	installments one in each half of the fiscal year commencing with the
447		-	fiscal year ending June 30, 1999.
448		-	Sec. 11. Subsection (c) of section 7-131d of the general statutes is
449		-	repealed and the following is substituted in lieu thereof (Effective from
450		-	passage):
451		-	(c) No grant may be made under the protected open space and
452		-	watershed land acquisition grant program established under subsection
453		-	(a) of this section or under the Charter Oak open space grant program
454		-	established under section 7-131t for: (1) Land to be used for commercial
455		-	purposes or for recreational purposes requiring intensive development,
456		-	including, but not limited to, golf courses, driving ranges, tennis courts,
457		-	ballfields, swimming pools and uses by motorized vehicles other than
458		-	vehicles needed by water companies to carry out their purposes,
459		-	provided trails or pathways for pedestrians, motorized wheelchairs or
460		-	nonmotorized vehicles shall not be considered intensive development;
461		-	(2) land with environmental contamination over a significant portion of
462		-	the property provided grants for land requiring remediation of
463		-	environmental contamination may be made if remediation will be
464		-	completed before acquisition of the land or any interest in the land and
465		-	an environmental assessment approved by the Commissioner of Energy
466		-	and Environmental Protection has been completed an d no
467		-	environmental use restriction applies to the land; (3) land which has
468		-	already been committed for public use, except as provided in subsection
469		-	(c) of section 7-131g, as amended by this act; (4) development costs,
470		-	including, but not limited to, construction of ballfields, tennis courts,
471		-	parking lots or roadways; (5) land to be acquired by eminent domain; or
472		-	(6) reimbursement of in-kind services or incidental expenses associated
473		-	with the acquisition of land. This subsection shall not prohibit the
474		-	continuation of agricultural activity, the activities of a water company Substitute Senate Bill No. 1146
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476		-	Public Act No. 23-196 15 of 15
	355	+	by any other provision of this title or regulations adopted hereunder, or 282
	356	+	by the federal Clean Air Act, federal Clean Water Act or federal 283
	357	+	Resource Conservation and Recovery Act. The provisions of this section 284
	358	+	shall not apply to discharges exempted from the notice requirement by 285
	359	+	the commissioner pursuant to subsection (b) of section 22a-430, to 286
	360	+	hazardous waste transporter permits issued pursuant to section 22a-454 287
	361	+	or to special waste authorizations issued pursuant to section 22a-209 288
	362	+	and regulations adopted thereunder. 289
	363	+	Sec. 10. Section 7-131g of the general statutes is repealed and the 290
	364	+	following is substituted in lieu thereof (Effective from passage): 291
	365	+	(a) The Commissioner of Energy and Environmental Protection may 292
	366	+	make grants under the open space and watershed land acquisition 293
	367	+	program to: (1) Municipalities for acquisition of land for open space 294
	368	+	under subdivisions (1) to (6), inclusive, of subsection (b) of section 7-295
	369	+	131d in an amount not to exceed sixty-five per cent of the fair market 296
	370	+	value of a parcel of land or interest in land proposed to be acquired; (2) 297
	371	+	municipalities for acquisition of land for class I and class II water supply 298
	372	+	protection under subdivision (5) of subsection (b) of said section 7-131d, 299
	373	+	as amended by this act, in an amount not to exceed sixty-five per cent of 300
	374	+	such value; (3) nonprofit land conservation organizations for acquisition 301
	375	+	of land for open space or watershed protection under subdivisions (1) 302
	376	+	to (6), inclusive, of subsection (b) of said section 7-131d, as amended by 303
	377	+	this act, in an amount not to exceed sixty-five per cent of such value; (4) 304
	378	+	water companies for acquisition of land under subdivision (7) of 305
	379	+	subsection (b) of said section 7-131d, as amended by this act, in an 306
	380	+	amount not to exceed sixty-five per cent of such value provided if such 307
	381	+	a company proposes in a grant application that it intends to allow access 308
	382	+	to such land for recreational uses, such company shall seek approval of 309
	383	+	the Commissioner of Public Health for such access; and (5) distressed 310
	384	+	municipalities or targeted investment communities, as defined in 311
	385	+	section 32-9p, or, with the approval of the chief elected official or 312
	386	+	governing legislative body of such a municipality or community, to a 313
	387	+	nonprofit land conservation organization or water company, for 314 Substitute Bill No. 1146
477	388
478		-	for public water supply purposes or the selling of timber incidental to
479		-	management of the land which management is in accordance with
480		-	approved forest management practices provided any proceeds of such
481		-	timber sales shall be used for management of the land. In the case of
482		-	land acquired under this section which is designated as a state park, any
483		-	fees charged by the state for use of such land shall be used by the state
484		-	in accordance with the provisions of title 23.
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	393	+
	394	+	acquisition of land within that municipality or community, for open 315
	395	+	space under subdivisions (1) to (6), inclusive, of subsection (b) of said 316
	396	+	section 7-131d, as amended by this act, in an amount not to exceed 317
	397	+	seventy-five per cent of such value or for performance of work in the 318
	398	+	restoration, enhancement or protection of resources in an amount not to 319
	399	+	exceed fifty per cent of the cost of such work. Applicants for grants 320
	400	+	under the program shall provide a copy of the application to the 321
	401	+	chairperson of the review board established under section 7-131e. The 322
	402	+	board shall provide comments to the commissioner on pending 323
	403	+	applications as it deems necessary. 324
	404	+	(b) For purposes of this subsection, the fair market value of land or 325
	405	+	interest in land shall be determined by one or more appraisals 326
	406	+	satisfactory to the commissioner and shall not include incidental costs, 327
	407	+	including, but not limited to, surveying, development or closing costs. 328
	408	+	The commissioner may consider a portion of the fair market value of a 329
	409	+	donation of land by an entity receiving a grant as a portion of the 330
	410	+	matching funds required under this subsection. A grantee may use 331
	411	+	funds made available by the state, pursuant to subsection (a) of this 332
	412	+	section, and the federal government to fund not more than ninety per 333
	413	+	cent of the fair market value of any project funded under the program, 334
	414	+	except the commissioner may authorize a grantee to use such state funds 335
	415	+	provided pursuant to subsection (a) of this section and any funds made 336
	416	+	available by the federal government to fund one hundred per cent of the 337
	417	+	fair market value of any project funded under said program if the 338
	418	+	commissioner determines that any of the following conditions exist: (1) 339
	419	+	The grantee committed or expended significant resources, including, 340
	420	+	but not limited to, payment of such incidental costs, toward the 341
	421	+	acquisition and preservation in perpetuity of such land; (2) that the 342
	422	+	grantee committed or expended significant resources for the care, 343
	423	+	maintenance or preservation of such land that was consistent with the 344
	424	+	intent of the open space and watershed land acquisition program, as 345
	425	+	described in section 7-131d, as amended by this act; (3) that such project 346
	426	+	will provide a significant recreational opportunity or natural resource 347
	427	+	protection for the state and is consistent with: (A) The criteria of 348 Substitute Bill No. 1146
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	434	+	subsections (b) and (c) of section 7-131d, as amended by this act; (B) the 349
	435	+	additional considerations set forth in subsection (a) of section 7-131e; 350
	436	+	and (C) any written guidelines developed by the commissioner 351
	437	+	pursuant to said subsection; or (4) that such project is located in an area 352
	438	+	of the state with a limited amount of land available for such recreational 353
	439	+	opportunity or natural resource protection and is consistent with: (A) 354
	440	+	The criteria of subsections (b) and (c) of section 7-131d, as amended by 355
	441	+	this act; (B) the additional considerations set forth in subsection (a) of 356
	442	+	section 7-131e, except equitable geographic distribution of such grants; 357
	443	+	and (C) any written guidelines developed by the commissioner 358
	444	+	pursuant to said subsection. 359
	445	+	(c) Notwithstanding the provisions of subdivision (3) of subsection 360
	446	+	(c) of section 7-131d, as amended by this act, any land that is the subject 361
	447	+	of the execution or recording of a conservation easement or restriction 362
	448	+	that resulted from a federally funded land conservation program, 363
	449	+	municipal conservation grant program or a private conservation grant 364
	450	+	program, prior to the recording of a permanent conservation easement 365
	451	+	described in subsection (e) of section 7-131d, shall not be construed to 366
	452	+	constitute land that has already been committed for public use, 367
	453	+	provided: 368
	454	+	(1) Such prior conservation easement or restriction is executed after 369
	455	+	the execution of the grant agreement for a grant to preserve such land 370
	456	+	under the provisions of this section, (2) at the time of the recording of 371
	457	+	the permanent conservation easement required pursuant to subsection 372
	458	+	(e) of section 7-131d, any nonfederal holder of any such prior easement 373
	459	+	subordinates such holder's interests in the land to the interests of the 374
	460	+	state, (3) such other federal funds, municipal grant funds or private 375
	461	+	grant funds are used as matching funds for a grant issued under this 376
	462	+	section, and (4) the Commissioner of Energy and Environmental 377
	463	+	Protection determines, based on all pertinent circumstances, that the 378
	464	+	conveyance of such other conservation easement or restriction, in 379
	465	+	combination with the acquisition of the state's interest under this 380
	466	+	section, constitutes one concurrent acquisition of property or interests 381 Substitute Bill No. 1146
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	473	+	therein. 382
	474	+	[(c)] (d) To the extent there is a balance of bonds authorized but not 383
	475	+	allocated by the State Bond Commission on or after July 1, 1998, 384
	476	+	pursuant to any bond act for the purposes of (1) the recreation and 385
	477	+	natural heritage trust program established under sections 23-73 to 23-386
	478	+	79, inclusive, and (2) the municipal open space grant program 387
	479	+	established under sections 7-131c to 7-131g, inclusive, as amended by 388
	480	+	this act, the State Bond Commission shall authorize the issuance of such 389
	481	+	balance only for the purposes described in section 23-74 and sections 23-390
	482	+	75 and 7-131d, as amended by this act, and in two substantially equal 391
	483	+	installments one in each half of the fiscal year commencing with the 392
	484	+	fiscal year ending June 30, 1999. 393
	485	+	Sec. 11. Subsection (c) of section 7-131d of the general statutes is 394
	486	+	repealed and the following is substituted in lieu thereof (Effective from 395
	487	+	passage): 396
	488	+	(c) No grant may be made under the protected open space and 397
	489	+	watershed land acquisition grant program established under subsection 398
	490	+	(a) of this section or under the Charter Oak open space grant program 399
	491	+	established under section 7-131t for: (1) Land to be used for commercial 400
	492	+	purposes or for recreational purposes requiring intensive development, 401
	493	+	including, but not limited to, golf courses, driving ranges, tennis courts, 402
	494	+	ballfields, swimming pools and uses by motorized vehicles other than 403
	495	+	vehicles needed by water companies to carry out their purposes, 404
	496	+	provided trails or pathways for pedestrians, motorized wheelchairs or 405
	497	+	nonmotorized vehicles shall not be considered intensive development; 406
	498	+	(2) land with environmental contamination over a significant portion of 407
	499	+	the property provided grants for land requiring remediation of 408
	500	+	environmental contamination may be made if remediation will be 409
	501	+	completed before acquisition of the land or any interest in the land and 410
	502	+	an environmental assessment approved by the Commissioner of Energy 411
	503	+	and Environmental Protection has been completed and no 412
	504	+	environmental use restriction applies to the land; (3) land which has 413
	505	+	already been committed for public use, except as provided in subsection 414 Substitute Bill No. 1146
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	511	+
	512	+	(c) of section 7-131g, as amended by this act; (4) development costs, 415
	513	+	including, but not limited to, construction of ballfields, tennis courts, 416
	514	+	parking lots or roadways; (5) land to be acquired by eminent domain; or 417
	515	+	(6) reimbursement of in-kind services or incidental expenses associated 418
	516	+	with the acquisition of land. This subsection shall not prohibit the 419
	517	+	continuation of agricultural activity, the activities of a water company 420
	518	+	for public water supply purposes or the selling of timber incidental to 421
	519	+	management of the land which management is in accordance with 422
	520	+	approved forest management practices provided any proceeds of such 423
	521	+	timber sales shall be used for management of the land. In the case of 424
	522	+	land acquired under this section which is designated as a state park, any 425
	523	+	fees charged by the state for use of such land shall be used by the state 426
	524	+	in accordance with the provisions of title 23. 427
	525	+	This act shall take effect as follows and shall amend the following
	526	+	sections:
	527	+
	528	+	Section 1 from passage 26-5
	529	+	Sec. 2 from passage 26-113
	530	+	Sec. 3 from passage 26-159c
	531	+	Sec. 4 from passage 26-102
	532	+	Sec. 5 from passage 26-116
	533	+	Sec. 6 from passage 26-137
	534	+	Sec. 7 from passage 26-142b
	535	+	Sec. 8 from passage 22a-6g(a)
	536	+	Sec. 9 from passage 22a-6h(a)
	537	+	Sec. 10 from passage 7-131g
	538	+	Sec. 11 from passage 7-131d(c)
	539	+
	540	+	ENV Joint Favorable Subst.
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