CT
Connecticut House Bill HB05223

Connecticut 2024 Regular Session

Connecticut House Bill HB05223 Compare Versions

OldNewDifferences
1+
2+
3+LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05223-R01-
4+HB.docx
5+1 of 8
6+
7+General Assembly Substitute Bill No. 5223
8+February Session, 2024
19
210
311
4-Substitute House Bill No. 5223
5-
6-Public Act No. 24-69
712
813
914 AN ACT CONCERNING MINOR REVISIONS TO AGRICULTURE
10-RELATED STATUTES AND TO OPEN SPACE ACQUISITION
1115 RELATED STATUTES.
1216 Be it enacted by the Senate and House of Representatives in General
1317 Assembly convened:
1418
15-Section 1. Section 22-327 of the general statutes is repealed and the
16-following is substituted in lieu thereof (Effective from passage):
17-As used in this chapter:
18-(1) "Animal" means any brute creature, including, but not limited to,
19-dogs, cats, monkeys, guinea pigs, hamsters, rabbits, birds and reptiles;
20-(2) "Chief Animal Control Officer", "Assistant Chief Animal Control
21-Officer" and "animal control officer" mean, respectively, the Chief State
22-Animal Control Officer, the Assistant Chief State Animal Control
23-Officer and a state animal control officer appointed under section 22-
24-328;
25-(3) "Commercial kennel" means a place maintained for boarding or
26-grooming dogs or cats, and includes, but is not limited to, any veterinary
27-hospital which boards or grooms dogs or cats for nonmedical purposes;
28-(4) "Commissioner" means the Commissioner of Agriculture; Substitute House Bill No. 5223
19+Section 1. Section 22-327 of the general statutes is repealed and the 1
20+following is substituted in lieu thereof (Effective from passage): 2
21+As used in this chapter: 3
22+(1) "Animal" means any brute creature, including, but not limited to, 4
23+dogs, cats, monkeys, guinea pigs, hamsters, rabbits, birds and reptiles; 5
24+(2) "Chief Animal Control Officer", "Assistant Chief Animal Control 6
25+Officer" and "animal control officer" mean, respectively, the Chief State 7
26+Animal Control Officer, the Assistant Chief State Animal Control 8
27+Officer and a state animal control officer appointed under section 22-9
28+328; 10
29+(3) "Commercial kennel" means a place maintained for boarding or 11
30+grooming dogs or cats, and includes, but is not limited to, any veterinary 12
31+hospital which boards or grooms dogs or cats for nonmedical purposes; 13
32+(4) "Commissioner" means the Commissioner of Agriculture; 14
33+(5) "Grooming facility" means any place, [other than a commercial 15 Substitute Bill No. 5223
2934
30-Public Act No. 24-69 2 of 21
3135
32-(5) "Grooming facility" means any place, [other than a commercial
33-kennel, which] including any vehicle or trailer, that is maintained as a
34-business where dogs are groomed;
35-(6) "Keeper" means any person, other than the owner, harboring or
36-having in his possession any dog;
37-(7) "Kennel" means one pack or collection of dogs which are kept
38-under one ownership at a single location and are bred for show, sport
39-or sale;
40-(8) "Municipal animal control officer" means any such officer
41-appointed under the provisions of section 22-331;
42-(9) "Pet shop" means any place at which animals not born and raised
43-on the premises are kept for the purpose of sale to the public;
44-(10) "Poultry" has the same meaning as provided in section 22-326s;
45-[(11) "Regional animal control officer" and "assistant regional animal
46-control officer" means a regional Connecticut animal control officer and
47-an assistant regional Connecticut animal control officer appointed
48-under the provisions of section 22-331a;]
49-[(12)] (11) "Training facility" means any place [, other than a
50-commercial kennel or grooming facility, which] that is maintained as a
51-business where dogs are trained;
52-[(13)] (12) "Service animal" has the same meaning as provided in 28
53-CFR 35.104 and includes any animal in training to become a service
54-animal.
55-Sec. 2. Section 22-367 of the 2024 supplement to the general statutes
56-is repealed and the following is substituted in lieu thereof (Effective from
57-passage): Substitute House Bill No. 5223
36+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05223-
37+R01-HB.docx }
38+2 of 8
5839
59-Public Act No. 24-69 3 of 21
40+kennel, which] including any vehicle or trailer, that is maintained as a 16
41+business where dogs are groomed; 17
42+(6) "Keeper" means any person, other than the owner, harboring or 18
43+having in his possession any dog; 19
44+(7) "Kennel" means one pack or collection of dogs which are kept 20
45+under one ownership at a single location and are bred for show, sport 21
46+or sale; 22
47+(8) "Municipal animal control officer" means any such officer 23
48+appointed under the provisions of section 22-331; 24
49+(9) "Pet shop" means any place at which animals not born and raised 25
50+on the premises are kept for the purpose of sale to the public; 26
51+(10) "Poultry" has the same meaning as provided in section 22-326s; 27
52+[(11) "Regional animal control officer" and "assistant regional animal 28
53+control officer" means a regional Connecticut animal control officer and 29
54+an assistant regional Connecticut animal control officer appointed 30
55+under the provisions of section 22-331a;] 31
56+[(12)] (11) "Training facility" means any place [, other than a 32
57+commercial kennel or grooming facility, which] that is maintained as a 33
58+business where dogs are trained; 34
59+[(13)] (12) "Service animal" has the same meaning as provided in 28 35
60+CFR 35.104 and includes any animal in training to become a service 36
61+animal. 37
62+Sec. 2. Section 22-367 of the 2024 supplement to the general statutes 38
63+is repealed and the following is substituted in lieu thereof (Effective from 39
64+passage): 40
65+Any person owning, keeping or harboring a dog or cat or maintaining 41
66+a [breeding] local kennel or commercial kennel who violates any 42
67+provision of this chapter for the violation of which no other penalty is 43 Substitute Bill No. 5223
6068
61-Any person owning, keeping or harboring a dog or cat or maintaining
62-a [breeding] local kennel or commercial kennel who violates any
63-provision of this chapter for the violation of which no other penalty is
64-provided, or any regulation legally made and published shall be fined
65-not less than two hundred fifty dollars or imprisoned not more than
66-thirty days or both. No commercial kennel shall board any dog or cat
67-unless the owner of the dog or cat presents a certificate of vaccination as
68-required by this chapter. The Chief Animal Control Officer, any animal
69-control officer and any municipal or regional control officer shall
70-diligently inquire after, and prosecute for, any violation of any provision
71-of this chapter.
72-Sec. 3. Subsection (a) of section 22-380f of the general statutes is
73-repealed and the following is substituted in lieu thereof (Effective from
74-passage):
75-(a) No pound shall sell or give away any unspayed or unneutered
76-dog or cat to any person unless such pound receives forty-five dollars
77-from the person buying or adopting such dog or cat. Funds received
78-pursuant to this section shall be paid quarterly by the municipality into
79-the animal population control account established under section 22-
80-380g. At the time of receipt of such payment, the pound shall complete
81-a voucher, for the purpose of benefits, as provided in section 22-380i, for
82-the sterilization and vaccination of such dog or cat and (1) provide the
83-voucher to the person buying or adopting such dog or cat, or (2) retain
84-such voucher and submit it to a participating veterinarian for such
85-sterilization and vaccination before releasing the dog or cat to the person
86-buying or adopting the dog or cat. Any such voucher shall be on a form
87-provided by the commissioner and signed (A) by the eligible owner if
88-the voucher is provided to the person buying or adopting the dog or cat,
89-or (B) by a representative of the pound if the pound retains the voucher.
90-Such voucher shall become void after sixty days from the date of
91-purchase or adoption unless a participating veterinarian certifies that Substitute House Bill No. 5223
9269
93-Public Act No. 24-69 4 of 21
70+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05223-
71+R01-HB.docx }
72+3 of 8
9473
95-the dog or cat is medically unfit for surgery. Such certification shall be
96-on a form provided by the commissioner and specify a date by which
97-such dog or cat may be fit for sterilization. If the surgery is performed
98-more than thirty days after such specified date, the voucher shall
99-become void. In the case of a dog or cat that has been previously
100-sterilized or is permanently medically unfit for sterilization, as
101-determined by a participating veterinarian, the voucher shall be void
102-and the eligible owner may apply to the commissioner for a refund in
103-the amount of forty-five dollars. If a dog or cat [has pyometra and] is not
104-purchased or adopted from a pound, a representative of the pound may
105-complete a voucher, for the purpose of benefits, as provided in section
106-22-380i, and submit such voucher to a participating veterinarian for the
107-sterilization and vaccination of such dog or cat.
108-Sec. 4. Section 22-413 of the general statutes is repealed and the
109-following is substituted in lieu thereof (Effective from passage):
110-(a) Any equine presented for public auction in this state shall have a
111-health certificate issued by a veterinarian licensed pursuant to the
112-provisions of chapter 384. [and cosigned by the State Veterinarian.] Such
113-examination shall be obtained within ten days prior to the auction and
114-shall be made at the expense of the owner.
115-(b) Any equine presented for public auction in this state shall have a
116-certificate indicating a negative reaction to a [coggins] Coggins test
117-which shall be obtained within sixty days prior to such auction.
118-(c) Any person violating any provision of this section shall be fined
119-not less than one hundred dollars or more than five hundred dollars for
120-each violation.
121-Sec. 5. Section 22-415a of the general statutes is repealed and the
122-following is substituted in lieu thereof (Effective from passage):
123-As used in sections [22-415a] 22-410 to 22-415j, inclusive: Substitute House Bill No. 5223
74+provided, or any regulation legally made and published shall be fined 44
75+not less than two hundred fifty dollars or imprisoned not more than 45
76+thirty days or both. No commercial kennel shall board any dog or cat 46
77+unless the owner of the dog or cat presents a certificate of vaccination as 47
78+required by this chapter. The Chief Animal Control Officer, any animal 48
79+control officer and any municipal or regional control officer shall 49
80+diligently inquire after, and prosecute for, any violation of any provision 50
81+of this chapter. 51
82+Sec. 3. Subsection (a) of section 22-380f of the general statutes is 52
83+repealed and the following is substituted in lieu thereof (Effective from 53
84+passage): 54
85+(a) No pound shall sell or give away any unspayed or unneutered 55
86+dog or cat to any person unless such pound receives forty-five dollars 56
87+from the person buying or adopting such dog or cat. Funds received 57
88+pursuant to this section shall be paid quarterly by the municipality into 58
89+the animal population control account established under section 22-59
90+380g. At the time of receipt of such payment, the pound shall complete 60
91+a voucher, for the purpose of benefits, as provided in section 22-380i, for 61
92+the sterilization and vaccination of such dog or cat and (1) provide the 62
93+voucher to the person buying or adopting such dog or cat, or (2) retain 63
94+such voucher and submit it to a participating veterinarian for such 64
95+sterilization and vaccination before releasing the dog or cat to the person 65
96+buying or adopting the dog or cat. Any such voucher shall be on a form 66
97+provided by the commissioner and signed (A) by the eligible owner if 67
98+the voucher is provided to the person buying or adopting the dog or cat, 68
99+or (B) by a representative of the pound if the pound retains the voucher. 69
100+Such voucher shall become void after sixty days from the date of 70
101+purchase or adoption unless a participating veterinarian certifies that 71
102+the dog or cat is medically unfit for surgery. Such certification shall be 72
103+on a form provided by the commissioner and specify a date by which 73
104+such dog or cat may be fit for sterilization. If the surgery is performed 74
105+more than thirty days after such specified date, the voucher shall 75
106+become void. In the case of a dog or cat that has been previously 76 Substitute Bill No. 5223
124107
125-Public Act No. 24-69 5 of 21
126108
127-(1) "Commissioner" means the Commissioner of Agriculture;
128-(2) "Equine" means any member of the equine family which includes
129-horses, ponies, mules, asses, donkeys and zebras;
130-(3) "Equine infectious anemia" means a disease of equines caused by
131-an infectious virus which may be spread by blood-sucking insects,
132-unsterile surgical instruments and community use of equipment that
133-may produce cuts or abrasions and which may cause an equine to test
134-positive to an official test;
135-(4) "Licensed veterinarian" means a veterinarian who is licensed
136-pursuant to the provisions of chapter 384;
137-(5) "Official test" means a serological test for equine infectious anemia
138-that is (A) approved by the Animal and Plant Health Inspection Service
139-of the United States Department of Agriculture, (B) conducted in a
140-laboratory approved by the Commissioner of Agriculture, and (C)
141-administered by a licensed veterinarian, state veterinarian, or full-time
142-employee with the state Department of Agriculture;
143-(6) "Reactor" means an equine whose blood serum reacts positively
144-to an official test for equine infectious anemia;
145-(7) "Freeze-brand" means a metal brand which produces a permanent
146-mark with a configuration of 16A that is three inches in height and is
147-applied to the left neck or shoulder area of any equine that is positive to
148-the equine infectious anemia test in such a manner that the brand is
149-obvious and not obscured by a mane;
150-(8) "Isolation" means no biological contact with another equine;
151-(9) "Coggins test" means an official test for equine infectious anemia.
152-Sec. 6. Section 22-90 of the general statutes is repealed and the
153-following is substituted in lieu thereof (Effective from passage): Substitute House Bill No. 5223
109+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05223-
110+R01-HB.docx }
111+4 of 8
154112
155-Public Act No. 24-69 6 of 21
113+sterilized or is permanently medically unfit for sterilization, as 77
114+determined by a participating veterinarian, the voucher shall be void 78
115+and the eligible owner may apply to the commissioner for a refund in 79
116+the amount of forty-five dollars. If a dog or cat [has pyometra and] is not 80
117+purchased or adopted from a pound, a representative of the pound may 81
118+complete a voucher, for the purpose of benefits, as provided in section 82
119+22-380i, and submit such voucher to a participating veterinarian for the 83
120+sterilization and vaccination of such dog or cat. 84
121+Sec. 4. Section 22-413 of the general statutes is repealed and the 85
122+following is substituted in lieu thereof (Effective from passage): 86
123+(a) Any equine presented for public auction in this state shall have a 87
124+health certificate issued by a veterinarian licensed pursuant to the 88
125+provisions of chapter 384. [and cosigned by the State Veterinarian.] Such 89
126+examination shall be obtained within ten days prior to the auction and 90
127+shall be made at the expense of the owner. 91
128+(b) Any equine presented for public auction in this state shall have a 92
129+certificate indicating a negative reaction to a [coggins] Coggins test 93
130+which shall be obtained within sixty days prior to such auction. 94
131+(c) Any person violating any provision of this section shall be fined 95
132+not less than one hundred dollars or more than five hundred dollars for 96
133+each violation. 97
134+Sec. 5. Section 22-415a of the general statutes is repealed and the 98
135+following is substituted in lieu thereof (Effective from passage): 99
136+As used in sections [22-415a] 22-410 to 22-415j, inclusive: 100
137+(1) "Commissioner" means the Commissioner of Agriculture; 101
138+(2) "Equine" means any member of the equine family which includes 102
139+horses, ponies, mules, asses, donkeys and zebras; 103
140+(3) "Equine infectious anemia" means a disease of equines caused by 104 Substitute Bill No. 5223
156141
157-The State Entomologist shall, to such extent as he or she deems
158-necessary or expedient, examine apiaries and quarantine such as are
159-diseased, harboring insects, mites or parasitic organisms adversely
160-affecting bees or species or subspecies of bees, which have been
161-determined by the State Entomologist to cause harm, directly or
162-indirectly, to the bee population, crops or other plants and treat or
163-destroy cases of the disease known as foul brood, insects, mites or
164-parasitic organisms adversely affecting bees or species or subspecies of
165-bees, which have been determined by the State Entomologist to cause
166-harm, directly or indirectly, to the bee population, crops or other plants.
167-The State Entomologist may appoint such inspectors as he or she deems
168-necessary or expedient, and he or she or any person whom he or she
169-appoints for that purpose shall have access at reasonable times to any
170-apiary or place where bees are kept or where honeycomb and appliances
171-are stored. [Any person appointed for such purpose shall possess all the
172-qualifications for an Agricultural Research Technician II employed by
173-the Connecticut Agricultural Experiment Station and have either five or
174-more years of beekeeping experience or a minimum of three years of
175-experience as a bee inspector at the federal or state level.] The State
176-Entomologist is authorized to make suitable regulations regarding
177-inspections and quarantine and to prescribe suitable forms for
178-permanent records, which shall be on file and open to public inspection,
179-and to make reasonable rules for the services of such inspectors, and
180-may pay a reasonable sum for such services. No person or corporation
181-shall remove bees under quarantine to another locality without
182-obtaining the written permission of an authorized inspector. No person
183-or transportation company shall receive for transportation any colony
184-or package of bees, unless such colony or package is accompanied by a
185-certificate of good health, furnished by an authorized inspector. No
186-person or transportation company shall deliver any colony or package
187-of bees brought from any other country, province, state or territory
188-unless accompanied by a certificate of health furnished by an authorized
189-inspector of such country, province, state or territory. Any person or Substitute House Bill No. 5223
190142
191-Public Act No. 24-69 7 of 21
143+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05223-
144+R01-HB.docx }
145+5 of 8
192146
193-transportation company receiving a shipment of bees from without the
194-state, unaccompanied by such certificate, shall, before delivering such
195-shipment to its consignee, notify the State Entomologist and hold such
196-shipment until inspected by an authorized inspector. If contagious
197-diseases, insects, mites or parasitic organisms adversely affecting bees
198-or species or subspecies of bees, which have been determined by the
199-State Entomologist to cause harm, directly or indirectly, to the bee
200-population, crops or other plants are found therein, such shipment shall
201-be returned to the consignor or delivered to an authorized inspector of
202-this state for treatment or destruction, provided the requirements of this
203-section shall not apply to shipments of brood comb, with or without
204-bees, suspected of being diseased and consigned to the State
205-Entomologist, the agricultural experiment station or any authorized
206-apiary inspector of the state or to the Bureau of Entomology of the
207-United States or the United States Department of Agriculture, and
208-provided there shall be no destruction of any shipment of bees as herein
209-provided in the absence of reasonable notice to the consignee thereof.
210-No person shall resist or hinder the State Entomologist, or any inspector
211-whom he or she appoints, in the performance of the duties imposed by
212-this section. No person or corporation shall sell, to be removed to
213-another location, bees, brood comb, frames or hives that have been in
214-use, with or without combs, until they have been inspected by an
215-authorized inspector, who shall issue a certificate of health if they are
216-found free of contagious disease, insects, mites or parasitic organisms
217-adversely affecting bees or species or subspecies of bees, which have
218-been determined by the State Entomologist to cause harm, directly or
219-indirectly, to the bee population, crops or other plants. Any person
220-violating any provision of this section shall be fined not more than one
221-hundred dollars for a first violation, three hundred dollars for a second
222-violation and five hundred dollars for a third and any subsequent
223-violation.
224-Sec. 7. Subsection (a) of section 22-131 of the general statutes is Substitute House Bill No. 5223
147+an infectious virus which may be spread by blood-sucking insects, 105
148+unsterile surgical instruments and community use of equipment that 106
149+may produce cuts or abrasions and which may cause an equine to test 107
150+positive to an official test; 108
151+(4) "Licensed veterinarian" means a veterinarian who is licensed 109
152+pursuant to the provisions of chapter 384; 110
153+(5) "Official test" means a serological test for equine infectious anemia 111
154+that is (A) approved by the Animal and Plant Health Inspection Service 112
155+of the United States Department of Agriculture, (B) conducted in a 113
156+laboratory approved by the Commissioner of Agriculture, and (C) 114
157+administered by a licensed veterinarian, state veterinarian, or full-time 115
158+employee with the state Department of Agriculture; 116
159+(6) "Reactor" means an equine whose blood serum reacts positively 117
160+to an official test for equine infectious anemia; 118
161+(7) "Freeze-brand" means a metal brand which produces a permanent 119
162+mark with a configuration of 16A that is three inches in height and is 120
163+applied to the left neck or shoulder area of any equine that is positive to 121
164+the equine infectious anemia test in such a manner that the brand is 122
165+obvious and not obscured by a mane; 123
166+(8) "Isolation" means no biological contact with another equine; 124
167+(9) "Coggins test" means an official test for equine infectious anemia. 125
168+Sec. 6. Section 22-90 of the general statutes is repealed and the 126
169+following is substituted in lieu thereof (Effective from passage): 127
170+The State Entomologist shall, to such extent as he or she deems 128
171+necessary or expedient, examine apiaries and quarantine such as are 129
172+diseased, harboring insects, mites or parasitic organisms adversely 130
173+affecting bees or species or subspecies of bees, which have been 131
174+determined by the State Entomologist to cause harm, directly or 132
175+indirectly, to the bee population, crops or other plants and treat or 133 Substitute Bill No. 5223
225176
226-Public Act No. 24-69 8 of 21
227177
228-repealed and the following is substituted in lieu thereof (Effective from
229-passage):
230-(a) In accordance with section 4-9a, the Governor, [with the advice
231-and consent of either house of the General Assembly,] shall appoint
232-eight electors of the state, two of whom are actively engaged in the sale
233-and distribution of milk, two of whom are actively engaged in the
234-processing of milk, two of whom have no active or financial interest in
235-the production or sale of milk, and two of whom are actively engaged
236-in the production of milk, which eight electors, with the Commissioner
237-of Public Health, or the commissioner's designee, and the Commissioner
238-of Agriculture, shall constitute the Milk Regulation Board. The
239-Governor, for cause, after a public hearing, may remove any appointed
240-member of the board.
241-Sec. 8. Section 22-339b of the general statutes is repealed and the
242-following is substituted in lieu thereof (Effective from passage):
243-(a) Any owner or keeper of a dog or cat [of the age of three months or
244-older] shall have such dog or cat vaccinated against rabies. Such
245-vaccination shall occur when such dog or cat is twelve weeks or more of
246-age but less than fourteen weeks of age, or at the age that the vaccine
247-manufacturer recommends, as approved by the United St ates
248-Department of Agriculture, provided such owner or keeper shall have
249-such dog or cat vaccinated if either such prescribed age has lapsed. Any
250-animal vaccinated prior to one year of age or receiving a primary rabies
251-vaccine at any age shall be considered protected for only one year and
252-shall be given a booster vaccination one year after the initial vaccination
253-and shall be vaccinated at least every three years thereafter. Those
254-animals revaccinated after one year of age shall be given booster
255-vaccinations at least every three years thereafter. Proof of vaccination
256-shall be a certificate issued by a licensed veterinarian in accordance with
257-subsection (a) of section 22-339c. A licensed veterinarian, upon request
258-of the Chief Animal Control Officer, any animal control officer, Substitute House Bill No. 5223
178+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05223-
179+R01-HB.docx }
180+6 of 8
259181
260-Public Act No. 24-69 9 of 21
182+destroy cases of the disease known as foul brood, insects, mites or 134
183+parasitic organisms adversely affecting bees or species or subspecies of 135
184+bees, which have been determined by the State Entomologist to cause 136
185+harm, directly or indirectly, to the bee population, crops or other plants. 137
186+The State Entomologist may appoint such inspectors as he or she deems 138
187+necessary or expedient, and he or she or any person whom he or she 139
188+appoints for that purpose shall have access at reasonable times to any 140
189+apiary or place where bees are kept or where honeycomb and appliances 141
190+are stored. [Any person appointed for such purpose shall possess all the 142
191+qualifications for an Agricultural Research Technician II employed by 143
192+the Connecticut Agricultural Experiment Station and have either five or 144
193+more years of beekeeping experience or a minimum of three years of 145
194+experience as a bee inspector at the federal or state level.] The State 146
195+Entomologist is authorized to make suitable regulations regarding 147
196+inspections and quarantine and to prescribe suitable forms for 148
197+permanent records, which shall be on file and open to public inspection, 149
198+and to make reasonable rules for the services of such inspectors, and 150
199+may pay a reasonable sum for such services. No person or corporation 151
200+shall remove bees under quarantine to another locality without 152
201+obtaining the written permission of an authorized inspector. No person 153
202+or transportation company shall receive for transportation any colony 154
203+or package of bees, unless such colony or package is accompanied by a 155
204+certificate of good health, furnished by an authorized inspector. No 156
205+person or transportation company shall deliver any colony or package 157
206+of bees brought from any other country, province, state or territory 158
207+unless accompanied by a certificate of health furnished by an authorized 159
208+inspector of such country, province, state or territory. Any person or 160
209+transportation company receiving a shipment of bees from without the 161
210+state, unaccompanied by such certificate, shall, before delivering such 162
211+shipment to its consignee, notify the State Entomologist and hold such 163
212+shipment until inspected by an authorized inspector. If contagious 164
213+diseases, insects, mites or parasitic organisms adversely affecting bees 165
214+or species or subspecies of bees, which have been determined by the 166
215+State Entomologist to cause harm, directly or indirectly, to the bee 167
216+population, crops or other plants are found therein, such shipment shall 168 Substitute Bill No. 5223
261217
262-municipal animal control officer or regional animal control officer shall
263-submit to such officer a copy of such certificate and any associated rabies
264-vaccination records for such dog or cat that has bitten a person or
265-another animal.
266-(b) The State Veterinarian or the Commissioner of Agriculture, or the
267-commissioner's designee, may grant an exemption from vaccination
268-against rabies for a dog or cat if a licensed veterinarian has examined
269-such animal and determined that a rabies vaccination would endanger
270-the animal's life due to disease or other medical considerations. Such
271-exemption may be granted for an individual animal only after the
272-veterinarian has consulted with the State Veterinarian, the
273-Commissioner of Agriculture, or the commissioner's designee, and
274-completed and submitted to the department an application for
275-exemption from rabies vaccination on a form approved by the
276-Department of Agriculture. After approval of such exemption, the
277-department shall issue a rabies vaccination exemption certificate, copies
278-of which shall be provided to the veterinarian, the owner of the dog or
279-cat exempted from rabies vaccination and the animal control officer of
280-the municipality in which the owner of the dog or cat resides.
281-Certification that a dog or cat is exempt from rabies vaccination shall be
282-valid for one year, after which time the animal shall be vaccinated
283-against rabies or the application for exemption shall be renewed.
284-(c) Any veterinarian aggrieved by a denial of a request for an
285-exemption from rabies vaccination by the State Veterinarian, the
286-Commissioner of Agriculture or the commissioner's designee may
287-appeal such denial as provided in the Uniform Administrative
288-Procedure Act, sections 4-166 to 4-189, inclusive.
289-(d) Any violation of this section shall be an infraction.
290-Sec. 9. Section 7-131d of the 2024 supplement to the general statutes
291-is repealed and the following is substituted in lieu thereof (Effective July Substitute House Bill No. 5223
292218
293-Public Act No. 24-69 10 of 21
219+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05223-
220+R01-HB.docx }
221+7 of 8
294222
295-1, 2024):
296-(a) There is established the protected open space and watershed land
297-acquisition grant program. The program shall provide grants to
298-municipalities and nonprofit land conservation organizations to acquire
299-land or permanent interests in land for open space and watershed
300-protection and to water companies, as defined in section 25-32a, to
301-acquire and protect land which is eligible to be classified as class I or
302-class II land, as defined in section 25-37c, after acquisition. All lands or
303-interests in land acquired under this program shall be preserved in
304-perpetuity predominantly in their natural scenic and open condition for
305-the protection of natural resources while allowing for recreation
306-consistent with such protection and, for lands acquired by water
307-companies, allowing for the improvements necessary for the protection
308-or provision of potable water.
309-(b) Grants may be made under the protected open space and
310-watershed land acquisition grant program established under subsection
311-(a) of this section or under the Charter Oak open space grant program
312-established under section 7-131t to match funds for the purchase of land
313-or permanent interests in land which purchase meets one of the
314-following criteria: (1) Protects land identified as being especially
315-valuable for recreation, forestry, fishing, conservation of wildlife or
316-natural resources; (2) protects land which includes or contributes to a
317-prime natural feature of the state's landscape, including, but not limited
318-to, a shoreline, a river, its tributaries and watershed, an aquifer,
319-mountainous territory, ridgelines, an inland or coastal wetland, a
320-significant littoral or estuarine or aquatic site or other important
321-geological feature; (3) protects habitat for native plant or animal species
322-listed as threatened or endangered or of special concern, as defined in
323-section 26-304; (4) protects a relatively undisturbed outstanding
324-example of a native ecological community which is now uncommon; (5)
325-enhances and conserves water quality of the state's lakes, rivers and Substitute House Bill No. 5223
223+be returned to the consignor or delivered to an authorized inspector of 169
224+this state for treatment or destruction, provided the requirements of this 170
225+section shall not apply to shipments of brood comb, with or without 171
226+bees, suspected of being diseased and consigned to the State 172
227+Entomologist, the agricultural experiment station or any authorized 173
228+apiary inspector of the state or to the Bureau of Entomology of the 174
229+United States or the United States Department of Agriculture, and 175
230+provided there shall be no destruction of any shipment of bees as herein 176
231+provided in the absence of reasonable notice to the consignee thereof. 177
232+No person shall resist or hinder the State Entomologist, or any inspector 178
233+whom he or she appoints, in the performance of the duties imposed by 179
234+this section. No person or corporation shall sell, to be removed to 180
235+another location, bees, brood comb, frames or hives that have been in 181
236+use, with or without combs, until they have been inspected by an 182
237+authorized inspector, who shall issue a certificate of health if they are 183
238+found free of contagious disease, insects, mites or parasitic organisms 184
239+adversely affecting bees or species or subspecies of bees, which have 185
240+been determined by the State Entomologist to cause harm, directly or 186
241+indirectly, to the bee population, crops or other plants. Any person 187
242+violating any provision of this section shall be fined not more than one 188
243+hundred dollars for a first violation, three hundred dollars for a second 189
244+violation and five hundred dollars for a third and any subsequent 190
245+violation. 191
246+Sec. 7. Subsection (a) of section 22-131 of the general statutes is 192
247+repealed and the following is substituted in lieu thereof (Effective from 193
248+passage): 194
249+(a) In accordance with section 4-9a, the Governor, [with the advice 195
250+and consent of either house of the General Assembly,] shall appoint 196
251+eight electors of the state, two of whom are actively engaged in the sale 197
252+and distribution of milk, two of whom are actively engaged in the 198
253+processing of milk, two of whom have no active or financial interest in 199
254+the production or sale of milk, and two of whom are actively engaged 200
255+in the production of milk, which eight electors, with the Commissioner 201 Substitute Bill No. 5223
326256
327-Public Act No. 24-69 11 of 21
328257
329-coastal water; (6) preserves local agricultural heritage; or (7) in the case
330-of grants to water companies, protects land which is eligible to be
331-classified as class I land or class II land after acquisition. [The
332-commissioner may make a grant under the protected open space and
333-watershed land acquisition grant program to a distressed municipality
334-or a targeted investment community, as defined in section 32-9p, for
335-restoration or protection of natural features or habitats on open space
336-already owned by the municipality, including, but not limited to,
337-wetland or wildlife or plant habitat restoration or restoration of other
338-sites to a more natural condition, or replacement of vegetation, provided
339-the total amount of grants to such municipalities for such purposes may
340-not exceed twenty per cent of the total amount of grants made in any
341-fiscal year.]
342-(c) Grants may be made under the protected open space and
343-watershed land acquisition grant program established under subsection
344-(a) of this section for restoration or protection of natural features or
345-habitats on open space already owned by a (1) distressed municipality,
346-as defined in section 32-9p, (2) targeted investment community, as
347-defined in section 32-222, (3) municipality, provided such open space is
348-located in an environmental justice community, as defined in section
349-22a-20a, or (4) nonprofit land conservation organization, provided such
350-open space is located in a distressed municipality, targeted investment
351-community or environmental justice community. Such restoration or
352-protection may include, but need not be limited to, wetland, wildlife or
353-plant habitat restoration or restoration of other sites to a more natural
354-condition or replacement of vegetation. The total amount of grants
355-made pursuant to this subsection shall not exceed twenty per cent of the
356-total amount of grants made pursuant to the open space and watershed
357-land acquisition grant program in any fiscal year.
358-[(c) No] (d) (1) Except as provided in subdivision (2) of this
359-subsection, no grant may be made under the protected open space and Substitute House Bill No. 5223
258+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05223-
259+R01-HB.docx }
260+8 of 8
360261
361-Public Act No. 24-69 12 of 21
262+of Public Health, or the commissioner's designee, and the Commissioner 202
263+of Agriculture, shall constitute the Milk Regulation Board. The 203
264+Governor, for cause, after a public hearing, may remove any appointed 204
265+member of the board. 205
266+This act shall take effect as follows and shall amend the following
267+sections:
362268
363-watershed land acquisition grant program established under subsection
364-(a) of this section or under the Charter Oak open space grant program
365-established under section 7-131t for: [(1)] (A) Land to be used for
366-commercial purposes or for recreational purposes requiring intensive
367-development, including, but not limited to, golf courses, driving ranges,
368-tennis courts, ballfields, swimming pools and uses by motorized
369-vehicles other than vehicles needed by water companies to carry out
370-their purposes, provided trails or pathways for pedestrians, motorized
371-wheelchairs or nonmotorized vehicles shall not be considered intensive
372-development; [(2)] (B) land with environmental contamination over a
373-significant portion of the property provided grants for land requiring
374-remediation of environmental contamination may be made if
375-remediation will be completed before acquisition of the land or any
376-interest in the land and an environmental assessment approved by the
377-Commissioner of Energy and Environmental Protection has been
378-completed and no environmental use restriction applies to the land; [(3)]
379-(C) land which has already been committed for public use, except as
380-provided in subsection (c) of section 7-131g; [(4)] (D) development costs,
381-including, but not limited to, construction of ballfields, tennis courts,
382-parking lots or roadways; [(5)] (E) land to be acquired by eminent
383-domain; or [(6)] (F) reimbursement of in-kind services or incidental
384-expenses associated with the acquisition of land. This subsection shall
385-not prohibit the continuation of agricultural activity, the activities of a
386-water company for public water supply purposes or the selling of timber
387-incidental to management of the land which management is in
388-accordance with approved forest management practices provided any
389-proceeds of such timber sales shall be used for management of the land.
390-In the case of land acquired under this section which is designated as a
391-state park, any fees charged by the state for use of such land shall be
392-used by the state in accordance with the provisions of title 23.
393-(2) Grants in a total amount not exceeding five per cent of the total
394-amount of grants made pursuant to the open space and watershed land Substitute House Bill No. 5223
269+Section 1 from passage 22-327
270+Sec. 2 from passage 22-367
271+Sec. 3 from passage 22-380f(a)
272+Sec. 4 from passage 22-413
273+Sec. 5 from passage 22-415a
274+Sec. 6 from passage 22-90
275+Sec. 7 from passage 22-131(a)
395276
396-Public Act No. 24-69 13 of 21
397-
398-acquisition grant program in any fiscal year may be made to distressed
399-municipalities, as defined in section 32-9p, targeted investment
400-communities, as defined in section 32-222, nonprofit land conservation
401-organizations and municipalities, for the purpose of reimbursement for
402-in-kind services or incidental expenses associated with the acquisition
403-of land, including, but not limited to, survey fees, appraisal costs and
404-legal fees, provided such land is located in a distressed municipality,
405-targeted investment community or environmental justice community,
406-as defined in section 22a-20a.
407-[(d)] (e) Any municipality or group of contiguous municipalities may
408-apply to the Commissioner of Energy and Environmental Protection for
409-a grant-in-aid of a program established to preserve or restrict to
410-conservation or recreation purposes the use of open space land. Such
411-grant shall be used for the acquisition of land, or easements, interests or
412-rights therein, or for the development of such land, or easements,
413-interests or rights therein, for purposes set forth in this section, or both,
414-in accordance with a plan of development adopted by the municipal
415-planning commission of the municipality within which the land is
416-located. Any application for a grant-in-aid relating to land located
417-beyond the territorial limits of the applying municipality shall be subject
418-to approval of the legislative body of the municipality within whose
419-territorial limits the land is located. A municipality applying for aid
420-under this section, may designate its conservation commission as its
421-agent to make such application.
422-[(e)] (f) At closing, a permanent conservation easement, as defined in
423-section 47-42, shall be executed for any property purchased with grant
424-funds, which conservation easement shall provide that the property
425-shall remain forever predominantly in its natural and open condition
426-for the specific conservation, open space or water supply purposes for
427-which it was acquired provided any improvements or changes to the
428-property shall be supportive of such condition or purposes. The Substitute House Bill No. 5223
429-
430-Public Act No. 24-69 14 of 21
431-
432-permanent conservation easement shall be in favor of the state acting
433-through the Commissioner of Energy and Environmental Protection, or
434-his designee, which may be a municipality or a land conservation
435-organization. In the case of land acquired for water supply protection, a
436-water company may hold an easement in conjunction with the state or
437-a nonprofit entity to protect the water supply. Such permanent
438-conservation easement shall also include a requirement that the
439-property be made available to the general public for appropriate
440-recreational purposes, the maintenance of which recreational access
441-shall be the responsibility of the grantee provided such access shall not
442-be required for land which will be classified as class I or class II land by
443-a water company if such access is inconsistent with the provision of pure
444-drinking water to the public. An exception to the provision of public
445-recreational access may be made at the discretion of the Commissioner
446-of Energy and Environmental Protection when provision for public
447-access would be unreasonably detrimental to the wildlife or plant
448-habitat or other natural features of the property or, for land where
449-development rights have been purchased, would be disruptive of
450-agricultural activity occurring on the land. Any instrument conveying
451-an interest in land less than fee which interest is purchased under this
452-section shall provide for the permanent preservation of the land and
453-public access consistent with the land's use or protection and with any
454-restrictions prescribed by the Department of Public Health in order to
455-protect a public drinking water source.
456-Sec. 10. Subsections (b) and (c) of section 7-131e of the general statutes
457-are repealed and the following is substituted in lieu thereof (Effective July
458-1, 2024):
459-(b) There is established a Natural Heritage, Open Space and
460-Watershed Land Acquisition Review Board to assist and advise the
461-commissioner in carrying out the provisions of sections 7-131d to 7-
462-131g, inclusive, as amended by this act, and sections 23-73 to 23-79, Substitute House Bill No. 5223
463-
464-Public Act No. 24-69 15 of 21
465-
466-inclusive. Upon establishment of the review board and selection of a
467-chairman under this section, the review board (1) shall provide
468-comments on selection criteria, policies and procedures; (2) shall
469-promote public participation; (3) shall provide guidance and conduct
470-review of strategies for land protection, including strategies under
471-section 23-8; (4) shall review and evaluate grant award policies and
472-procedures; and (5) may provide comments on any application for
473-funds not later than forty-five days after such application is submitted
474-to the chairman. Upon establishment of the board, the commissioner
475-shall take such comments into consideration in making any decisions
476-regarding such grants.
477-(c) The review board shall consist of [twenty-one] twenty-three
478-members as follows: (1) The chairpersons and ranking members of the
479-bonding subcommittee of the joint standing committee of the General
480-Assembly having cognizance of matters relating to finance, revenue and
481-bonding; (2) one member of the joint standing committee of the General
482-Assembly having cognizance of matters relating to the environment,
483-appointed by the speaker of the House of Representatives, and one
484-member of the joint standing committee of the General Assembly
485-having cognizance of matters relating to planning and development,
486-appointed by the president pro tempore of the Senate, each of whom
487-shall be ex-officio members of the board; (3) the Secretary of the Office
488-of Policy and Management, or his designee; (4) a representative of the
489-business community and a person experienced in issues relating to
490-access to public facilities by persons with disabilities, appointed by the
491-Governor; (5) one representative from an investor-owned water utility,
492-appointed by the minority leader of the Senate; (6) one representative
493-from a municipal water utility, appointed by the minority leader of the
494-House of Representatives; (7) one representative from a regional water
495-utility, appointed by the minority leader of the Senate; (8) one
496-representative who is a realtor or attorney with a minimum of five
497-[years] years' experience in real estate transfers, appointed by the Substitute House Bill No. 5223
498-
499-Public Act No. 24-69 16 of 21
500-
501-speaker of the House of Representatives; one representative with a
502-minimum of five [years] years' experience in the construction industry
503-or land development, appointed by the president pro tempore of the
504-Senate; (9) two representatives of interest groups primarily concerned
505-with the conservation of river watershed regions, appointed one each
506-by the majority leaders of the House of Representatives and the Senate;
507-(10) three representatives from nonprofit organizations primarily
508-concerned with environmental protection or natural resource
509-conservation with a minimum of five [years] years' experience in land
510-conservation and acquisition, appointed one each by the Governor, the
511-speaker of the House of Representatives and the president pro tempore
512-of the Senate; [and] (11) one chief elected official of a town with a
513-population less than twenty thousand and one chief elected official of a
514-town with a population greater than twenty thousand, appointed by the
515-Governor; (12) one member who is a representative of a community of
516-color, low-income community or community-based organization, or
517-professor from a college or university in the state with expertise in
518-environmental justice, appointed by the Commissioner of Energy and
519-Environmental Protection; and (13) one member who resides in a United
520-States census block group, as determined in accordance with the most
521-recent United States decennial census, for which thirty per cent or more
522-of the population consists of low-income persons who are not
523-institutionalized and have an income below two hundred per cent of the
524-federal poverty level, appointed by the Commissioner of Energy and
525-Environmental Protection. The members, other than the members
526-described in subdivisions (1), (2) and (3) of this subsection, shall serve
527-terms of three years provided the terms of the members described in
528-subdivisions (4) to (8), inclusive, of this subsection who are appointed
529-in the year after July 1, 1998, shall expire on October 1, 1999, and further
530-provided the terms of the members described in subdivisions (9) to (11),
531-inclusive, of this subsection shall expire on October 1, 2000. The board
532-shall elect a chairman from among its members and shall make such
533-election on or before October 1, 1998. Members of the board shall serve Substitute House Bill No. 5223
534-
535-Public Act No. 24-69 17 of 21
536-
537-until reappointed or replaced.
538-Sec. 11. Subsection (a) of section 7-131g of the 2024 supplement to the
539-general statutes is repealed and the following is substituted in lieu
540-thereof (Effective July 1, 2024):
541-(a) The Commissioner of Energy and Environmental Protection may
542-make grants under the open space and watershed land acquisition
543-program to: (1) Municipalities for acquisition of land for open space
544-under subdivisions (1) to (6), inclusive, of subsection (b) of section 7-
545-131d, as amended by this act, in an amount not to exceed sixty-five per
546-cent of the fair market value of a parcel of land or interest in land
547-proposed to be acquired; (2) municipalities for acquisition of land for
548-class I and class II water supply protection under subdivision (5) of
549-subsection (b) of said section 7-131d, in an amount not to exceed sixty-
550-five per cent of such value; (3) nonprofit land conservation
551-organizations for acquisition of land for open space or watershed
552-protection under subdivisions (1) to (6), inclusive, of subsection (b) of
553-said section 7-131d, in an amount not to exceed sixty-five per cent of
554-such value; (4) water companies for acquisition of land under
555-subdivision (7) of subsection (b) of said section 7-131d, in an amount not
556-to exceed sixty-five per cent of such value provided if such a company
557-proposes in a grant application that it intends to allow access to such
558-land for recreational uses, such company shall seek approval of the
559-Commissioner of Public Health for such access; and (5) distressed
560-municipalities, as defined in section 32-9p or targeted investment
561-communities, as defined in section [32-9p] 32-222, municipalities
562-containing one or more environmental justice communities, as defined
563-in section 22a-20a, or, with the approval of the chief elected official or
564-governing legislative body of such a municipality or community, to a
565-nonprofit land conservation organization or water company, for
566-acquisition of land within that municipality or community, for open
567-space under subdivisions (1) to (6), inclusive, of subsection (b) of said Substitute House Bill No. 5223
568-
569-Public Act No. 24-69 18 of 21
570-
571-section 7-131d, in an amount not to exceed seventy-five per cent of such
572-value or for performance of work in the restoration, enhancement or
573-protection of resources in an amount not to exceed fifty per cent of the
574-cost of such work. Applicants for grants under the program shall
575-provide a copy of the application to the chairperson of the review board
576-established under section 7-131e, as amended by this act. The board
577-shall provide comments to the commissioner on pending applications
578-as it deems necessary.
579-Sec. 12. Subsection (a) of section 7-131e of the general statutes is
580-repealed and the following is substituted in lieu thereof (Effective July 1,
581-2024):
582-(a) Grant award decisions under the protected open space and
583-watershed land acquisition grant program established under section 7-
584-131d, as amended by this act, or under the Charter Oak open space grant
585-program established under section 7-131t shall be made by the
586-Commissioner of Energy and Environmental Protection at least
587-semiannually. All complete and eligible grant applications shall be acted
588-upon by the commissioner as soon as practicable. A single project may
589-receive a grant in more than one grant cycle, subject to future availability
590-of funds and subject to the limitations set forth in this section and
591-sections 23-78, 12-498 and 7-131d, as amended by this act. Up to five per
592-cent of the grant funds may be used for administrative expenses
593-including, but not limited to: (1) Contractors to assist the Department of
594-Energy and Environmental Protection in the review and evaluation of
595-grant proposals and baseline data collection for conservation easements;
596-(2) appraisals or appraisal reviews; and (3) preparation of legal and
597-other documents. Administrative expenses may not be used for staff
598-salaries. Not later than September 1, 1998, for the protected open space
599-and watershed land acquisition grant program established under
600-section 7-131d, as amended by this act, and not later than September 1,
601-2000, for the Charter Oak open space grant program account established Substitute House Bill No. 5223
602-
603-Public Act No. 24-69 19 of 21
604-
605-under section 7-131t, the commissioner shall develop written guidelines
606-and a ranking system for consistency and equity in the distribution of
607-grant awards under the protected open space and watershed land
608-acquisition grant program established under section 7-131d, as
609-amended by this act, or under the Charter Oak open space grant
610-program account established under section 7-131t based on the criteria
611-listed in subsections (b), [and] (c) and (d) of section 7-131d, as amended
612-by this act. Consistent with such criteria, additional consideration shall
613-be given to: (A) Protection of lands adjacent to and complementary to
614-adjacent protected open space land or class I or class II water company
615-lands; (B) equitable geographic distribution of the grants; (C) proximity
616-of a property to urban areas with growth and development pressures or
617-to areas with open space deficiencies and underserved populations; (D)
618-protection of land particularly vulnerable to development incompatible
619-with its natural resource values including the protection of a public
620-water supply source; (E) consistency with the state plan of conservation
621-and development; (F) multiple protection elements, such as water
622-quality and supply protection, scenic preservation and farmland
623-preservation; (G) the extent to which the presence of already constructed
624-buildings or other man-made improvements diminish or overshadow
625-the natural resource value of a proposed acquisition, or its value relative
626-to its cost; and (H) preservation of forest lands and bodies of water
627-which naturally absorb significant amounts of carbon dioxide.
628-Sec. 13. Subsection (a) of section 23-8b of the general statutes is
629-repealed and the following is substituted in lieu thereof (Effective July 1,
630-2024):
631-(a) Any contract for the protection of open space entered into by the
632-Commissioner of Energy and Environmental Protection with BHC
633-Company, Aquarion or Kelda Group, jointly or individually, and The
634-Nature Conservancy, for purchase of land or interests in land from said
635-companies shall be on such terms and conditions as are approved by the Substitute House Bill No. 5223
636-
637-Public Act No. 24-69 20 of 21
638-
639-commissioner. Such terms and conditions shall provide for the filing on
640-the land records in the town in which the land is located, restrictions or
641-easements that provide that all land or interest in land subject to such
642-purchase is preserved in perpetuity in its natural and open condition for
643-the protection of natural resources and public water supplies. Such
644-restrictions or easements may allow only those recreational activities
645-which are not prohibited in subsection [(c)] (d) of section 7-131d, as
646-amended by this act, and shall allow for improvements and activities
647-necessary only for land and natural resource management and safe and
648-adequate potable water. Such permanent restrictions or easements shall
649-be in favor of the State of Connecticut acting through the Commissioner
650-of Energy and Environmental Protection. Such permanent restrictions
651-or easements shall also include a requirement that the property be
652-available to the general public for recreational purposes as permitted
653-under subsection [(c)] (d) of section 7-131d, as amended by this act, and
654-shall allow for the installation of such permanent fixtures as may be
655-necessary to provide such permitted recreational activities. The
656-Department of Energy and Environmental Protection and the state are
657-hereby authorized to carry out and fulfill their obligations under any
658-such contract. In addition to such rights as said companies may have
659-pursuant to chapter 53, those rights in and to land or interests in land
660-reserved by said companies in their conveyances to the state in
661-accordance with the provisions of said contract shall be enforceable in
662-equity.
663-Sec. 14. (NEW) (Effective July 1, 2024) (a) Notwithstanding any
664-provision of the general statutes, the Commissioner of the Department
665-of Energy and Environmental Protection may acquire, in the name of
666-the state and for flood control and protection and associated public
667-purposes, not more than 25.7 acres of real property, or interests or rights
668-therein, by purchase, gift, devise or exchange, or may take the same by
669-eminent domain in the manner provided in part IV of chapter 238 of the
670-general statutes, provided: (1) Such acquisition occurs prior to October Substitute House Bill No. 5223
671-
672-Public Act No. 24-69 21 of 21
673-
674-1, 2034; (2) the owner of any private property taken by eminent domain
675-pursuant to this section shall be entitled to challenge the amount of
676-compensation in accordance with section 13a-76 of the general statutes;
677-and (3) such property or interest therein is located in a municipality that
678-was incorporated in 1836 and has a population between one hundred
679-forty thousand and one hundred fifty thousand as reported in the 2010
680-federal decennial census and is necessary to construct a disaster relief,
681-long-term recovery or infrastructure restoration project funded in 2016
682-by the Community Development Block Grant -National Disaster
683-Resilience program, 81 CFR 36557.
684-(b) Whenever the Commissioner of the Department of Energy and
685-Environmental Protection determines that the construction, operation,
686-maintenance, repair or reconstruction of the property described in
687-subdivision (3) of subsection (a) of this section or the flood control and
688-protection improvements thereon, would necessitate the readjustment,
689-relocation or removal of a public service facility, as defined in section
690-13a-126 of the general statutes, the commissioner may issue a
691-readjustment, relocation or removal order to the company, corporation
692-or municipality owning or operating such public service facility and
693-such company, corporation or municipality shall readjust, relocate or
694-remove such public service facility promptly, in accordance with such
695-order, provided an equitable share of the cost of such readjustment,
696-relocation or removal, including the cost of installing and constructing
697-a public service facility of equal capacity in a new location, shall be
698-borne by the state, within available appropriations, and calculated in
699-accordance with section 13a-126 of the general statutes, as applied to
700-state highways other than limited access highways.
277+ENV Joint Favorable Subst.
701278