LCO No. 2490 1 of 3 General Assembly Raised Bill No. 5484 February Session, 2024 LCO No. 2490 Referred to Committee on TRANSPORTATION Introduced by: (TRA) AN ACT CONCERNING TREE AND VEGETATION MANAGEMENT GUIDELINES BY THE DEPARTMENT OF TRANSPORTATION. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 13b-31h of the 2024 supplement to the general 1 statutes is repealed and the following is substituted in lieu thereof 2 (Effective from passage): 3 (a) The Department of Transportation shall develop, and thereafter 4 revise as necessary, guidelines governing tree and vegetation 5 management, removal and replacement along state highways for use by 6 its employees and contractors when undertaking maintenance and 7 construction projects. The goal of the guidelines shall be to ensure the 8 impacts of maintenance and construction projects on the environment, 9 landscape and noise pollution are balanced or outweighed by measures 10 taken to avoid and minimize the impacts. 11 (b) Such guidelines shall include, but need not be limited to, 12 provisions addressing (1) the safety of the traveling public; (2) general 13 roadside vegetation management activities performed by the 14 department, including, but not limited to, mowing, herbicide 15 Raised Bill No. 5484 LCO No. 2490 2 of 3 application, grassing, replanting with native species whenever 16 practicable, limb management, tree removal and debris removal; (3) 17 beautification, enhancements and the effect on scenic roads designated 18 pursuant to section 13b-31c; (4) visibility enhancement; and (5) the 19 environmental impact of such work, including (A) preventing invasive 20 tree, brush or plant species' growth and impact, (B) storm water run-off, 21 (C) erosion, (D) replanting of vegetation species to expand and improve 22 pollinator habitats, as described in section 22-90b, and (E) reduced 23 mowing. Such guidelines shall apply to construction projects financed, 24 in whole or in part, with federal funds to the extent such guidelines do 25 not conflict with federal laws and regulations. 26 (c) Such guidelines shall not apply to the removal of any trees or 27 vegetation necessary to maintain public safety or that is performed 28 because of a weather-related civil preparedness emergency declared 29 pursuant to section 28-9. 30 (d) [On or before January 1, 2024] Not later than thirty days after the 31 effective date of this section, the Commissioner of Transportation shall 32 submit such guidelines to the joint standing committees of the General 33 Assembly having cognizance of matters relating to transportation and 34 the environment, in accordance with the provisions of section 11-4a. 35 [The] Not later than thirty days after the receipt of such guidelines, the 36 committees shall hold a joint public hearing on such guidelines and the 37 commissioner shall present such guidelines at the public hearing. The 38 committees shall meet to approve or reject such guidelines and advise 39 the commissioner of their approval or rejection of such guidelines. If the 40 committees fail to approve or reject such guidelines within thirty days 41 of such receipt, such guidelines shall be deemed approved. Such 42 guidelines shall become effective when approved by an affirmative vote 43 of the committees or deemed approved. If such guidelines are rejected, 44 such guidelines shall be returned to the commissioner for revisions and 45 resubmitted to the committees not later than thirty days after such 46 rejection. Any such resubmitted guidelines shall be acted upon in the 47 same manner as provided in this subsection for the initial submission of 48 guidelines. 49 Raised Bill No. 5484 LCO No. 2490 3 of 3 (e) The Department of Transportation shall not remove any trees or 50 vegetation when undertaking maintenance and construction projects 51 until such guidelines are approved or deemed approved in accordance 52 with the provisions of this section, except the department may remove 53 trees or vegetation necessary to maintain public safety or because of a 54 weather-related civil preparedness emergency declared pursuant to 55 section 28-9. 56 This act shall take effect as follows and shall amend the following sections: Section 1 from passage 13b-31h Statement of Purpose: To require the Department of Transportation to submit guidelines governing tree and vegetation management to the joint standing committees of the General Assembly having cognizance of matters relating to transportation and the environment for approval. [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]