Substitute House Bill No. 5223
Public Act No. 24-69
AN ACT CONCERNING MINOR REVISIONS TO AGRICULTURE
RELATED STATUTES AND TO OPEN SPACE ACQUISITION
RELATED STATUTES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 22-327 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
As used in this chapter:
(1) "Animal" means any brute creature, including, but not limited to,
dogs, cats, monkeys, guinea pigs, hamsters, rabbits, birds and reptiles;
(2) "Chief Animal Control Officer", "Assistant Chief Animal Control
Officer" and "animal control officer" mean, respectively, the Chief State
Animal Control Officer, the Assistant Chief State Animal Control
Officer and a state animal control officer appointed under section 22-
328;
(3) "Commercial kennel" means a place maintained for boarding or
grooming dogs or cats, and includes, but is not limited to, any veterinary
hospital which boards or grooms dogs or cats for nonmedical purposes;
(4) "Commissioner" means the Commissioner of Agriculture; Substitute House Bill No. 5223
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(5) "Grooming facility" means any place, [other than a commercial
kennel, which] including any vehicle or trailer, that is maintained as a
business where dogs are groomed;
(6) "Keeper" means any person, other than the owner, harboring or
having in his possession any dog;
(7) "Kennel" means one pack or collection of dogs which are kept
under one ownership at a single location and are bred for show, sport
or sale;
(8) "Municipal animal control officer" means any such officer
appointed under the provisions of section 22-331;
(9) "Pet shop" means any place at which animals not born and raised
on the premises are kept for the purpose of sale to the public;
(10) "Poultry" has the same meaning as provided in section 22-326s;
[(11) "Regional animal control officer" and "assistant regional animal
control officer" means a regional Connecticut animal control officer and
an assistant regional Connecticut animal control officer appointed
under the provisions of section 22-331a;]
[(12)] (11) "Training facility" means any place [, other than a
commercial kennel or grooming facility, which] that is maintained as a
business where dogs are trained;
[(13)] (12) "Service animal" has the same meaning as provided in 28
CFR 35.104 and includes any animal in training to become a service
animal.
Sec. 2. Section 22-367 of the 2024 supplement to the general statutes
is repealed and the following is substituted in lieu thereof (Effective from
passage): Substitute House Bill No. 5223
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Any person owning, keeping or harboring a dog or cat or maintaining
a [breeding] local kennel or commercial kennel who violates any
provision of this chapter for the violation of which no other penalty is
provided, or any regulation legally made and published shall be fined
not less than two hundred fifty dollars or imprisoned not more than
thirty days or both. No commercial kennel shall board any dog or cat
unless the owner of the dog or cat presents a certificate of vaccination as
required by this chapter. The Chief Animal Control Officer, any animal
control officer and any municipal or regional control officer shall
diligently inquire after, and prosecute for, any violation of any provision
of this chapter.
Sec. 3. Subsection (a) of section 22-380f of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(a) No pound shall sell or give away any unspayed or unneutered
dog or cat to any person unless such pound receives forty-five dollars
from the person buying or adopting such dog or cat. Funds received
pursuant to this section shall be paid quarterly by the municipality into
the animal population control account established under section 22-
380g. At the time of receipt of such payment, the pound shall complete
a voucher, for the purpose of benefits, as provided in section 22-380i, for
the sterilization and vaccination of such dog or cat and (1) provide the
voucher to the person buying or adopting such dog or cat, or (2) retain
such voucher and submit it to a participating veterinarian for such
sterilization and vaccination before releasing the dog or cat to the person
buying or adopting the dog or cat. Any such voucher shall be on a form
provided by the commissioner and signed (A) by the eligible owner if
the voucher is provided to the person buying or adopting the dog or cat,
or (B) by a representative of the pound if the pound retains the voucher.
Such voucher shall become void after sixty days from the date of
purchase or adoption unless a participating veterinarian certifies that Substitute House Bill No. 5223
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the dog or cat is medically unfit for surgery. Such certification shall be
on a form provided by the commissioner and specify a date by which
such dog or cat may be fit for sterilization. If the surgery is performed
more than thirty days after such specified date, the voucher shall
become void. In the case of a dog or cat that has been previously
sterilized or is permanently medically unfit for sterilization, as
determined by a participating veterinarian, the voucher shall be void
and the eligible owner may apply to the commissioner for a refund in
the amount of forty-five dollars. If a dog or cat [has pyometra and] is not
purchased or adopted from a pound, a representative of the pound may
complete a voucher, for the purpose of benefits, as provided in section
22-380i, and submit such voucher to a participating veterinarian for the
sterilization and vaccination of such dog or cat.
Sec. 4. Section 22-413 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) Any equine presented for public auction in this state shall have a
health certificate issued by a veterinarian licensed pursuant to the
provisions of chapter 384. [and cosigned by the State Veterinarian.] Such
examination shall be obtained within ten days prior to the auction and
shall be made at the expense of the owner.
(b) Any equine presented for public auction in this state shall have a
certificate indicating a negative reaction to a [coggins] Coggins test
which shall be obtained within sixty days prior to such auction.
(c) Any person violating any provision of this section shall be fined
not less than one hundred dollars or more than five hundred dollars for
each violation.
Sec. 5. Section 22-415a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
As used in sections [22-415a] 22-410 to 22-415j, inclusive: Substitute House Bill No. 5223
Public Act No. 24-69 5 of 21
(1) "Commissioner" means the Commissioner of Agriculture;
(2) "Equine" means any member of the equine family which includes
horses, ponies, mules, asses, donkeys and zebras;
(3) "Equine infectious anemia" means a disease of equines caused by
an infectious virus which may be spread by blood-sucking insects,
unsterile surgical instruments and community use of equipment that
may produce cuts or abrasions and which may cause an equine to test
positive to an official test;
(4) "Licensed veterinarian" means a veterinarian who is licensed
pursuant to the provisions of chapter 384;
(5) "Official test" means a serological test for equine infectious anemia
that is (A) approved by the Animal and Plant Health Inspection Service
of the United States Department of Agriculture, (B) conducted in a
laboratory approved by the Commissioner of Agriculture, and (C)
administered by a licensed veterinarian, state veterinarian, or full-time
employee with the state Department of Agriculture;
(6) "Reactor" means an equine whose blood serum reacts positively
to an official test for equine infectious anemia;
(7) "Freeze-brand" means a metal brand which produces a permanent
mark with a configuration of 16A that is three inches in height and is
applied to the left neck or shoulder area of any equine that is positive to
the equine infectious anemia test in such a manner that the brand is
obvious and not obscured by a mane;
(8) "Isolation" means no biological contact with another equine;
(9) "Coggins test" means an official test for equine infectious anemia.
Sec. 6. Section 22-90 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage): Substitute House Bill No. 5223
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The State Entomologist shall, to such extent as he or she deems
necessary or expedient, examine apiaries and quarantine such as are
diseased, harboring insects, mites or parasitic organisms adversely
affecting bees or species or subspecies of bees, which have been
determined by the State Entomologist to cause harm, directly or
indirectly, to the bee population, crops or other plants and treat or
destroy cases of the disease known as foul brood, insects, mites or
parasitic organisms adversely affecting bees or species or subspecies of
bees, which have been determined by the State Entomologist to cause
harm, directly or indirectly, to the bee population, crops or other plants.
The State Entomologist may appoint such inspectors as he or she deems
necessary or expedient, and he or she or any person whom he or she
appoints for that purpose shall have access at reasonable times to any
apiary or place where bees are kept or where honeycomb and appliances
are stored. [Any person appointed for such purpose shall possess all the
qualifications for an Agricultural Research Technician II employed by
the Connecticut Agricultural Experiment Station and have either five or
more years of beekeeping experience or a minimum of three years of
experience as a bee inspector at the federal or state level.] The State
Entomologist is authorized to make suitable regulations regarding
inspections and quarantine and to prescribe suitable forms for
permanent records, which shall be on file and open to public inspection,
and to make reasonable rules for the services of such inspectors, and
may pay a reasonable sum for such services. No person or corporation
shall remove bees under quarantine to another locality without
obtaining the written permission of an authorized inspector. No person
or transportation company shall receive for transportation any colony
or package of bees, unless such colony or package is accompanied by a
certificate of good health, furnished by an authorized inspector. No
person or transportation company shall deliver any colony or package
of bees brought from any other country, province, state or territory
unless accompanied by a certificate of health furnished by an authorized
inspector of such country, province, state or territory. Any person or Substitute House Bill No. 5223
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transportation company receiving a shipment of bees from without the
state, unaccompanied by such certificate, shall, before delivering such
shipment to its consignee, notify the State Entomologist and hold such
shipment until inspected by an authorized inspector. If contagious
diseases, insects, mites or parasitic organisms adversely affecting bees
or species or subspecies of bees, which have been determined by the
State Entomologist to cause harm, directly or indirectly, to the bee
population, crops or other plants are found therein, such shipment shall
be returned to the consignor or delivered to an authorized inspector of
this state for treatment or destruction, provided the requirements of this
section shall not apply to shipments of brood comb, with or without
bees, suspected of being diseased and consigned to the State
Entomologist, the agricultural experiment station or any authorized
apiary inspector of the state or to the Bureau of Entomology of the
United States or the United States Department of Agriculture, and
provided there shall be no destruction of any shipment of bees as herein
provided in the absence of reasonable notice to the consignee thereof.
No person shall resist or hinder the State Entomologist, or any inspector
whom he or she appoints, in the performance of the duties imposed by
this section. No person or corporation shall sell, to be removed to
another location, bees, brood comb, frames or hives that have been in
use, with or without combs, until they have been inspected by an
authorized inspector, who shall issue a certificate of health if they are
found free of contagious disease, insects, mites or parasitic organisms
adversely affecting bees or species or subspecies of bees, which have
been determined by the State Entomologist to cause harm, directly or
indirectly, to the bee population, crops or other plants. Any person
violating any provision of this section shall be fined not more than one
hundred dollars for a first violation, three hundred dollars for a second
violation and five hundred dollars for a third and any subsequent
violation.
Sec. 7. Subsection (a) of section 22-131 of the general statutes is Substitute House Bill No. 5223
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repealed and the following is substituted in lieu thereof (Effective from
passage):
(a) In accordance with section 4-9a, the Governor, [with the advice
and consent of either house of the General Assembly,] shall appoint
eight electors of the state, two of whom are actively engaged in the sale
and distribution of milk, two of whom are actively engaged in the
processing of milk, two of whom have no active or financial interest in
the production or sale of milk, and two of whom are actively engaged
in the production of milk, which eight electors, with the Commissioner
of Public Health, or the commissioner's designee, and the Commissioner
of Agriculture, shall constitute the Milk Regulation Board. The
Governor, for cause, after a public hearing, may remove any appointed
member of the board.
Sec. 8. Section 22-339b of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) Any owner or keeper of a dog or cat [of the age of three months or
older] shall have such dog or cat vaccinated against rabies. Such
vaccination shall occur when such dog or cat is twelve weeks or more of
age but less than fourteen weeks of age, or at the age that the vaccine
manufacturer recommends, as approved by the United St ates
Department of Agriculture, provided such owner or keeper shall have
such dog or cat vaccinated if either such prescribed age has lapsed. Any
animal vaccinated prior to one year of age or receiving a primary rabies
vaccine at any age shall be considered protected for only one year and
shall be given a booster vaccination one year after the initial vaccination
and shall be vaccinated at least every three years thereafter. Those
animals revaccinated after one year of age shall be given booster
vaccinations at least every three years thereafter. Proof of vaccination
shall be a certificate issued by a licensed veterinarian in accordance with
subsection (a) of section 22-339c. A licensed veterinarian, upon request
of the Chief Animal Control Officer, any animal control officer, Substitute House Bill No. 5223
Public Act No. 24-69 9 of 21
municipal animal control officer or regional animal control officer shall
submit to such officer a copy of such certificate and any associated rabies
vaccination records for such dog or cat that has bitten a person or
another animal.
(b) The State Veterinarian or the Commissioner of Agriculture, or the
commissioner's designee, may grant an exemption from vaccination
against rabies for a dog or cat if a licensed veterinarian has examined
such animal and determined that a rabies vaccination would endanger
the animal's life due to disease or other medical considerations. Such
exemption may be granted for an individual animal only after the
veterinarian has consulted with the State Veterinarian, the
Commissioner of Agriculture, or the commissioner's designee, and
completed and submitted to the department an application for
exemption from rabies vaccination on a form approved by the
Department of Agriculture. After approval of such exemption, the
department shall issue a rabies vaccination exemption certificate, copies
of which shall be provided to the veterinarian, the owner of the dog or
cat exempted from rabies vaccination and the animal control officer of
the municipality in which the owner of the dog or cat resides.
Certification that a dog or cat is exempt from rabies vaccination shall be
valid for one year, after which time the animal shall be vaccinated
against rabies or the application for exemption shall be renewed.
(c) Any veterinarian aggrieved by a denial of a request for an
exemption from rabies vaccination by the State Veterinarian, the
Commissioner of Agriculture or the commissioner's designee may
appeal such denial as provided in the Uniform Administrative
Procedure Act, sections 4-166 to 4-189, inclusive.
(d) Any violation of this section shall be an infraction.
Sec. 9. Section 7-131d of the 2024 supplement to the general statutes
is repealed and the following is substituted in lieu thereof (Effective July Substitute House Bill No. 5223
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1, 2024):
(a) There is established the protected open space and watershed land
acquisition grant program. The program shall provide grants to
municipalities and nonprofit land conservation organizations to acquire
land or permanent interests in land for open space and watershed
protection and to water companies, as defined in section 25-32a, to
acquire and protect land which is eligible to be classified as class I or
class II land, as defined in section 25-37c, after acquisition. All lands or
interests in land acquired under this program shall be preserved in
perpetuity predominantly in their natural scenic and open condition for
the protection of natural resources while allowing for recreation
consistent with such protection and, for lands acquired by water
companies, allowing for the improvements necessary for the protection
or provision of potable water.
(b) Grants may be made under the protected open space and
watershed land acquisition grant program established under subsection
(a) of this section or under the Charter Oak open space grant program
established under section 7-131t to match funds for the purchase of land
or permanent interests in land which purchase meets one of the
following criteria: (1) Protects land identified as being especially
valuable for recreation, forestry, fishing, conservation of wildlife or
natural resources; (2) protects land which includes or contributes to a
prime natural feature of the state's landscape, including, but not limited
to, a shoreline, a river, its tributaries and watershed, an aquifer,
mountainous territory, ridgelines, an inland or coastal wetland, a
significant littoral or estuarine or aquatic site or other important
geological feature; (3) protects habitat for native plant or animal species
listed as threatened or endangered or of special concern, as defined in
section 26-304; (4) protects a relatively undisturbed outstanding
example of a native ecological community which is now uncommon; (5)
enhances and conserves water quality of the state's lakes, rivers and Substitute House Bill No. 5223
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coastal water; (6) preserves local agricultural heritage; or (7) in the case
of grants to water companies, protects land which is eligible to be
classified as class I land or class II land after acquisition. [The
commissioner may make a grant under the protected open space and
watershed land acquisition grant program to a distressed municipality
or a targeted investment community, as defined in section 32-9p, for
restoration or protection of natural features or habitats on open space
already owned by the municipality, including, but not limited to,
wetland or wildlife or plant habitat restoration or restoration of other
sites to a more natural condition, or replacement of vegetation, provided
the total amount of grants to such municipalities for such purposes may
not exceed twenty per cent of the total amount of grants made in any
fiscal year.]
(c) Grants may be made under the protected open space and
watershed land acquisition grant program established under subsection
(a) of this section for restoration or protection of natural features or
habitats on open space already owned by a (1) distressed municipality,
as defined in section 32-9p, (2) targeted investment community, as
defined in section 32-222, (3) municipality, provided such open space is
located in an environmental justice community, as defined in section
22a-20a, or (4) nonprofit land conservation organization, provided such
open space is located in a distressed municipality, targeted investment
community or environmental justice community. Such restoration or
protection may include, but need not be limited to, wetland, wildlife or
plant habitat restoration or restoration of other sites to a more natural
condition or replacement of vegetation. The total amount of grants
made pursuant to this subsection shall not exceed twenty per cent of the
total amount of grants made pursuant to the open space and watershed
land acquisition grant program in any fiscal year.
[(c) No] (d) (1) Except as provided in subdivision (2) of this
subsection, no grant may be made under the protected open space and Substitute House Bill No. 5223
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watershed land acquisition grant program established under subsection
(a) of this section or under the Charter Oak open space grant program
established under section 7-131t for: [(1)] (A) Land to be used for
commercial purposes or for recreational purposes requiring intensive
development, including, but not limited to, golf courses, driving ranges,
tennis courts, ballfields, swimming pools and uses by motorized
vehicles other than vehicles needed by water companies to carry out
their purposes, provided trails or pathways for pedestrians, motorized
wheelchairs or nonmotorized vehicles shall not be considered intensive
development; [(2)] (B) land with environmental contamination over a
significant portion of the property provided grants for land requiring
remediation of environmental contamination may be made if
remediation will be completed before acquisition of the land or any
interest in the land and an environmental assessment approved by the
Commissioner of Energy and Environmental Protection has been
completed and no environmental use restriction applies to the land; [(3)]
(C) land which has already been committed for public use, except as
provided in subsection (c) of section 7-131g; [(4)] (D) development costs,
including, but not limited to, construction of ballfields, tennis courts,
parking lots or roadways; [(5)] (E) land to be acquired by eminent
domain; or [(6)] (F) reimbursement of in-kind services or incidental
expenses associated with the acquisition of land. This subsection shall
not prohibit the continuation of agricultural activity, the activities of a
water company for public water supply purposes or the selling of timber
incidental to management of the land which management is in
accordance with approved forest management practices provided any
proceeds of such timber sales shall be used for management of the land.
In the case of land acquired under this section which is designated as a
state park, any fees charged by the state for use of such land shall be
used by the state in accordance with the provisions of title 23.
(2) Grants in a total amount not exceeding five per cent of the total
amount of grants made pursuant to the open space and watershed land Substitute House Bill No. 5223
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acquisition grant program in any fiscal year may be made to distressed
municipalities, as defined in section 32-9p, targeted investment
communities, as defined in section 32-222, nonprofit land conservation
organizations and municipalities, for the purpose of reimbursement for
in-kind services or incidental expenses associated with the acquisition
of land, including, but not limited to, survey fees, appraisal costs and
legal fees, provided such land is located in a distressed municipality,
targeted investment community or environmental justice community,
as defined in section 22a-20a.
[(d)] (e) Any municipality or group of contiguous municipalities may
apply to the Commissioner of Energy and Environmental Protection for
a grant-in-aid of a program established to preserve or restrict to
conservation or recreation purposes the use of open space land. Such
grant shall be used for the acquisition of land, or easements, interests or
rights therein, or for the development of such land, or easements,
interests or rights therein, for purposes set forth in this section, or both,
in accordance with a plan of development adopted by the municipal
planning commission of the municipality within which the land is
located. Any application for a grant-in-aid relating to land located
beyond the territorial limits of the applying municipality shall be subject
to approval of the legislative body of the municipality within whose
territorial limits the land is located. A municipality applying for aid
under this section, may designate its conservation commission as its
agent to make such application.
[(e)] (f) At closing, a permanent conservation easement, as defined in
section 47-42, shall be executed for any property purchased with grant
funds, which conservation easement shall provide that the property
shall remain forever predominantly in its natural and open condition
for the specific conservation, open space or water supply purposes for
which it was acquired provided any improvements or changes to the
property shall be supportive of such condition or purposes. The Substitute House Bill No. 5223
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permanent conservation easement shall be in favor of the state acting
through the Commissioner of Energy and Environmental Protection, or
his designee, which may be a municipality or a land conservation
organization. In the case of land acquired for water supply protection, a
water company may hold an easement in conjunction with the state or
a nonprofit entity to protect the water supply. Such permanent
conservation easement shall also include a requirement that the
property be made available to the general public for appropriate
recreational purposes, the maintenance of which recreational access
shall be the responsibility of the grantee provided such access shall not
be required for land which will be classified as class I or class II land by
a water company if such access is inconsistent with the provision of pure
drinking water to the public. An exception to the provision of public
recreational access may be made at the discretion of the Commissioner
of Energy and Environmental Protection when provision for public
access would be unreasonably detrimental to the wildlife or plant
habitat or other natural features of the property or, for land where
development rights have been purchased, would be disruptive of
agricultural activity occurring on the land. Any instrument conveying
an interest in land less than fee which interest is purchased under this
section shall provide for the permanent preservation of the land and
public access consistent with the land's use or protection and with any
restrictions prescribed by the Department of Public Health in order to
protect a public drinking water source.
Sec. 10. Subsections (b) and (c) of section 7-131e of the general statutes
are repealed and the following is substituted in lieu thereof (Effective July
1, 2024):
(b) There is established a Natural Heritage, Open Space and
Watershed Land Acquisition Review Board to assist and advise the
commissioner in carrying out the provisions of sections 7-131d to 7-
131g, inclusive, as amended by this act, and sections 23-73 to 23-79, Substitute House Bill No. 5223
Public Act No. 24-69 15 of 21
inclusive. Upon establishment of the review board and selection of a
chairman under this section, the review board (1) shall provide
comments on selection criteria, policies and procedures; (2) shall
promote public participation; (3) shall provide guidance and conduct
review of strategies for land protection, including strategies under
section 23-8; (4) shall review and evaluate grant award policies and
procedures; and (5) may provide comments on any application for
funds not later than forty-five days after such application is submitted
to the chairman. Upon establishment of the board, the commissioner
shall take such comments into consideration in making any decisions
regarding such grants.
(c) The review board shall consist of [twenty-one] twenty-three
members as follows: (1) The chairpersons and ranking members of the
bonding subcommittee of the joint standing committee of the General
Assembly having cognizance of matters relating to finance, revenue and
bonding; (2) one member of the joint standing committee of the General
Assembly having cognizance of matters relating to the environment,
appointed by the speaker of the House of Representatives, and one
member of the joint standing committee of the General Assembly
having cognizance of matters relating to planning and development,
appointed by the president pro tempore of the Senate, each of whom
shall be ex-officio members of the board; (3) the Secretary of the Office
of Policy and Management, or his designee; (4) a representative of the
business community and a person experienced in issues relating to
access to public facilities by persons with disabilities, appointed by the
Governor; (5) one representative from an investor-owned water utility,
appointed by the minority leader of the Senate; (6) one representative
from a municipal water utility, appointed by the minority leader of the
House of Representatives; (7) one representative from a regional water
utility, appointed by the minority leader of the Senate; (8) one
representative who is a realtor or attorney with a minimum of five
[years] years' experience in real estate transfers, appointed by the Substitute House Bill No. 5223
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speaker of the House of Representatives; one representative with a
minimum of five [years] years' experience in the construction industry
or land development, appointed by the president pro tempore of the
Senate; (9) two representatives of interest groups primarily concerned
with the conservation of river watershed regions, appointed one each
by the majority leaders of the House of Representatives and the Senate;
(10) three representatives from nonprofit organizations primarily
concerned with environmental protection or natural resource
conservation with a minimum of five [years] years' experience in land
conservation and acquisition, appointed one each by the Governor, the
speaker of the House of Representatives and the president pro tempore
of the Senate; [and] (11) one chief elected official of a town with a
population less than twenty thousand and one chief elected official of a
town with a population greater than twenty thousand, appointed by the
Governor; (12) one member who is a representative of a community of
color, low-income community or community-based organization, or
professor from a college or university in the state with expertise in
environmental justice, appointed by the Commissioner of Energy and
Environmental Protection; and (13) one member who resides in a United
States census block group, as determined in accordance with the most
recent United States decennial census, for which thirty per cent or more
of the population consists of low-income persons who are not
institutionalized and have an income below two hundred per cent of the
federal poverty level, appointed by the Commissioner of Energy and
Environmental Protection. The members, other than the members
described in subdivisions (1), (2) and (3) of this subsection, shall serve
terms of three years provided the terms of the members described in
subdivisions (4) to (8), inclusive, of this subsection who are appointed
in the year after July 1, 1998, shall expire on October 1, 1999, and further
provided the terms of the members described in subdivisions (9) to (11),
inclusive, of this subsection shall expire on October 1, 2000. The board
shall elect a chairman from among its members and shall make such
election on or before October 1, 1998. Members of the board shall serve Substitute House Bill No. 5223
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until reappointed or replaced.
Sec. 11. Subsection (a) of section 7-131g of the 2024 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective July 1, 2024):
(a) The Commissioner of Energy and Environmental Protection may
make grants under the open space and watershed land acquisition
program to: (1) Municipalities for acquisition of land for open space
under subdivisions (1) to (6), inclusive, of subsection (b) of section 7-
131d, as amended by this act, in an amount not to exceed sixty-five per
cent of the fair market value of a parcel of land or interest in land
proposed to be acquired; (2) municipalities for acquisition of land for
class I and class II water supply protection under subdivision (5) of
subsection (b) of said section 7-131d, in an amount not to exceed sixty-
five per cent of such value; (3) nonprofit land conservation
organizations for acquisition of land for open space or watershed
protection under subdivisions (1) to (6), inclusive, of subsection (b) of
said section 7-131d, in an amount not to exceed sixty-five per cent of
such value; (4) water companies for acquisition of land under
subdivision (7) of subsection (b) of said section 7-131d, in an amount not
to exceed sixty-five per cent of such value provided if such a company
proposes in a grant application that it intends to allow access to such
land for recreational uses, such company shall seek approval of the
Commissioner of Public Health for such access; and (5) distressed
municipalities, as defined in section 32-9p or targeted investment
communities, as defined in section [32-9p] 32-222, municipalities
containing one or more environmental justice communities, as defined
in section 22a-20a, or, with the approval of the chief elected official or
governing legislative body of such a municipality or community, to a
nonprofit land conservation organization or water company, for
acquisition of land within that municipality or community, for open
space under subdivisions (1) to (6), inclusive, of subsection (b) of said Substitute House Bill No. 5223
Public Act No. 24-69 18 of 21
section 7-131d, in an amount not to exceed seventy-five per cent of such
value or for performance of work in the restoration, enhancement or
protection of resources in an amount not to exceed fifty per cent of the
cost of such work. Applicants for grants under the program shall
provide a copy of the application to the chairperson of the review board
established under section 7-131e, as amended by this act. The board
shall provide comments to the commissioner on pending applications
as it deems necessary.
Sec. 12. Subsection (a) of section 7-131e of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2024):
(a) Grant award decisions under the protected open space and
watershed land acquisition grant program established under section 7-
131d, as amended by this act, or under the Charter Oak open space grant
program established under section 7-131t shall be made by the
Commissioner of Energy and Environmental Protection at least
semiannually. All complete and eligible grant applications shall be acted
upon by the commissioner as soon as practicable. A single project may
receive a grant in more than one grant cycle, subject to future availability
of funds and subject to the limitations set forth in this section and
sections 23-78, 12-498 and 7-131d, as amended by this act. Up to five per
cent of the grant funds may be used for administrative expenses
including, but not limited to: (1) Contractors to assist the Department of
Energy and Environmental Protection in the review and evaluation of
grant proposals and baseline data collection for conservation easements;
(2) appraisals or appraisal reviews; and (3) preparation of legal and
other documents. Administrative expenses may not be used for staff
salaries. Not later than September 1, 1998, for the protected open space
and watershed land acquisition grant program established under
section 7-131d, as amended by this act, and not later than September 1,
2000, for the Charter Oak open space grant program account established Substitute House Bill No. 5223
Public Act No. 24-69 19 of 21
under section 7-131t, the commissioner shall develop written guidelines
and a ranking system for consistency and equity in the distribution of
grant awards under the protected open space and watershed land
acquisition grant program established under section 7-131d, as
amended by this act, or under the Charter Oak open space grant
program account established under section 7-131t based on the criteria
listed in subsections (b), [and] (c) and (d) of section 7-131d, as amended
by this act. Consistent with such criteria, additional consideration shall
be given to: (A) Protection of lands adjacent to and complementary to
adjacent protected open space land or class I or class II water company
lands; (B) equitable geographic distribution of the grants; (C) proximity
of a property to urban areas with growth and development pressures or
to areas with open space deficiencies and underserved populations; (D)
protection of land particularly vulnerable to development incompatible
with its natural resource values including the protection of a public
water supply source; (E) consistency with the state plan of conservation
and development; (F) multiple protection elements, such as water
quality and supply protection, scenic preservation and farmland
preservation; (G) the extent to which the presence of already constructed
buildings or other man-made improvements diminish or overshadow
the natural resource value of a proposed acquisition, or its value relative
to its cost; and (H) preservation of forest lands and bodies of water
which naturally absorb significant amounts of carbon dioxide.
Sec. 13. Subsection (a) of section 23-8b of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2024):
(a) Any contract for the protection of open space entered into by the
Commissioner of Energy and Environmental Protection with BHC
Company, Aquarion or Kelda Group, jointly or individually, and The
Nature Conservancy, for purchase of land or interests in land from said
companies shall be on such terms and conditions as are approved by the Substitute House Bill No. 5223
Public Act No. 24-69 20 of 21
commissioner. Such terms and conditions shall provide for the filing on
the land records in the town in which the land is located, restrictions or
easements that provide that all land or interest in land subject to such
purchase is preserved in perpetuity in its natural and open condition for
the protection of natural resources and public water supplies. Such
restrictions or easements may allow only those recreational activities
which are not prohibited in subsection [(c)] (d) of section 7-131d, as
amended by this act, and shall allow for improvements and activities
necessary only for land and natural resource management and safe and
adequate potable water. Such permanent restrictions or easements shall
be in favor of the State of Connecticut acting through the Commissioner
of Energy and Environmental Protection. Such permanent restrictions
or easements shall also include a requirement that the property be
available to the general public for recreational purposes as permitted
under subsection [(c)] (d) of section 7-131d, as amended by this act, and
shall allow for the installation of such permanent fixtures as may be
necessary to provide such permitted recreational activities. The
Department of Energy and Environmental Protection and the state are
hereby authorized to carry out and fulfill their obligations under any
such contract. In addition to such rights as said companies may have
pursuant to chapter 53, those rights in and to land or interests in land
reserved by said companies in their conveyances to the state in
accordance with the provisions of said contract shall be enforceable in
equity.
Sec. 14. (NEW) (Effective July 1, 2024) (a) Notwithstanding any
provision of the general statutes, the Commissioner of the Department
of Energy and Environmental Protection may acquire, in the name of
the state and for flood control and protection and associated public
purposes, not more than 25.7 acres of real property, or interests or rights
therein, by purchase, gift, devise or exchange, or may take the same by
eminent domain in the manner provided in part IV of chapter 238 of the
general statutes, provided: (1) Such acquisition occurs prior to October Substitute House Bill No. 5223
Public Act No. 24-69 21 of 21
1, 2034; (2) the owner of any private property taken by eminent domain
pursuant to this section shall be entitled to challenge the amount of
compensation in accordance with section 13a-76 of the general statutes;
and (3) such property or interest therein is located in a municipality that
was incorporated in 1836 and has a population between one hundred
forty thousand and one hundred fifty thousand as reported in the 2010
federal decennial census and is necessary to construct a disaster relief,
long-term recovery or infrastructure restoration project funded in 2016
by the Community Development Block Grant -National Disaster
Resilience program, 81 CFR 36557.
(b) Whenever the Commissioner of the Department of Energy and
Environmental Protection determines that the construction, operation,
maintenance, repair or reconstruction of the property described in
subdivision (3) of subsection (a) of this section or the flood control and
protection improvements thereon, would necessitate the readjustment,
relocation or removal of a public service facility, as defined in section
13a-126 of the general statutes, the commissioner may issue a
readjustment, relocation or removal order to the company, corporation
or municipality owning or operating such public service facility and
such company, corporation or municipality shall readjust, relocate or
remove such public service facility promptly, in accordance with such
order, provided an equitable share of the cost of such readjustment,
relocation or removal, including the cost of installing and constructing
a public service facility of equal capacity in a new location, shall be
borne by the state, within available appropriations, and calculated in
accordance with section 13a-126 of the general statutes, as applied to
state highways other than limited access highways.