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2 | 2 | | |
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3 | 3 | | LCO 2490 1 of 3 |
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4 | 4 | | |
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5 | 5 | | General Assembly Raised Bill No. 5484 |
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6 | 6 | | February Session, 2024 |
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7 | 7 | | LCO No. 2490 |
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8 | 8 | | |
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9 | 9 | | |
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10 | 10 | | Referred to Committee on TRANSPORTATION |
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11 | 11 | | |
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12 | 12 | | |
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13 | 13 | | Introduced by: |
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14 | 14 | | (TRA) |
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15 | 15 | | |
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17 | 17 | | |
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18 | 18 | | AN ACT CONCERNING TREE AND VEGETATION MANAGEMENT |
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19 | 19 | | GUIDELINES BY THE DEPARTMENT OF TRANSPORTATION. |
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20 | 20 | | Be it enacted by the Senate and House of Representatives in General |
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21 | 21 | | Assembly convened: |
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22 | 22 | | |
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23 | 23 | | Section 1. Section 13b-31h of the 2024 supplement to the general 1 |
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24 | 24 | | statutes is repealed and the following is substituted in lieu thereof 2 |
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25 | 25 | | (Effective from passage): 3 |
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26 | 26 | | (a) The Department of Transportation shall develop, and thereafter 4 |
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27 | 27 | | revise as necessary, guidelines governing tree and vegetation 5 |
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28 | 28 | | management, removal and replacement along state highways for use by 6 |
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29 | 29 | | its employees and contractors when undertaking maintenance and 7 |
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30 | 30 | | construction projects. The goal of the guidelines shall be to ensure the 8 |
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31 | 31 | | impacts of maintenance and construction projects on the environment, 9 |
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32 | 32 | | landscape and noise pollution are balanced or outweighed by measures 10 |
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33 | 33 | | taken to avoid and minimize the impacts. 11 |
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34 | 34 | | (b) Such guidelines shall include, but need not be limited to, 12 |
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35 | 35 | | provisions addressing (1) the safety of the traveling public; (2) general 13 |
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36 | 36 | | roadside vegetation management activities performed by the 14 |
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37 | 37 | | department, including, but not limited to, mowing, herbicide 15 Bill No. 5484 |
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38 | 38 | | |
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39 | 39 | | |
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40 | 40 | | LCO 2490 2 of 3 |
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41 | 41 | | |
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42 | 42 | | application, grassing, replanting with native species whenever 16 |
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43 | 43 | | practicable, limb management, tree removal and debris removal; (3) 17 |
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44 | 44 | | beautification, enhancements and the effect on scenic roads designated 18 |
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45 | 45 | | pursuant to section 13b-31c; (4) visibility enhancement; and (5) the 19 |
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46 | 46 | | environmental impact of such work, including (A) preventing invasive 20 |
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47 | 47 | | tree, brush or plant species' growth and impact, (B) storm water run-off, 21 |
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48 | 48 | | (C) erosion, (D) replanting of vegetation species to expand and improve 22 |
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49 | 49 | | pollinator habitats, as described in section 22-90b, and (E) reduced 23 |
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50 | 50 | | mowing. Such guidelines shall apply to construction projects financed, 24 |
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51 | 51 | | in whole or in part, with federal funds to the extent such guidelines do 25 |
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52 | 52 | | not conflict with federal laws and regulations. 26 |
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53 | 53 | | (c) Such guidelines shall not apply to the removal of any trees or 27 |
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54 | 54 | | vegetation necessary to maintain public safety or that is performed 28 |
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55 | 55 | | because of a weather-related civil preparedness emergency declared 29 |
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56 | 56 | | pursuant to section 28-9. 30 |
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57 | 57 | | (d) [On or before January 1, 2024] Not later than thirty days after the 31 |
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58 | 58 | | effective date of this section, the Commissioner of Transportation shall 32 |
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59 | 59 | | submit such guidelines to the joint standing committees of the General 33 |
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60 | 60 | | Assembly having cognizance of matters relating to transportation and 34 |
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61 | 61 | | the environment, in accordance with the provisions of section 11-4a. 35 |
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62 | 62 | | [The] Not later than thirty days after the receipt of such guidelines, the 36 |
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63 | 63 | | committees shall hold a joint public hearing on such guidelines and the 37 |
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64 | 64 | | commissioner shall present such guidelines at the public hearing. The 38 |
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65 | 65 | | committees shall meet to approve or reject such guidelines and advise 39 |
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66 | 66 | | the commissioner of their approval or rejection of such guidelines. If the 40 |
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67 | 67 | | committees fail to approve or reject such guidelines within thirty days 41 |
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68 | 68 | | of such receipt, such guidelines shall be deemed approved. Such 42 |
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69 | 69 | | guidelines shall become effective when approved by an affirmative vote 43 |
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70 | 70 | | of the committees or deemed approved. If such guidelines are rejected, 44 |
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71 | 71 | | such guidelines shall be returned to the commissioner for revisions and 45 |
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72 | 72 | | resubmitted to the committees not later than thirty days after such 46 |
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73 | 73 | | rejection. Any such resubmitted guidelines shall be acted upon in the 47 |
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74 | 74 | | same manner as provided in this subsection for the initial submission of 48 |
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75 | 75 | | guidelines. 49 Bill No. 5484 |
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76 | 76 | | |
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77 | 77 | | |
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78 | 78 | | LCO 2490 3 of 3 |
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79 | 79 | | |
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80 | 80 | | (e) The Department of Transportation shall not remove any trees or 50 |
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81 | 81 | | vegetation when undertaking maintenance and construction projects 51 |
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82 | 82 | | until such guidelines are approved or deemed approved in accordance 52 |
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83 | 83 | | with the provisions of this section, except the department may remove 53 |
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84 | 84 | | any trees or vegetation necessary to maintain public safety or because of 54 |
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85 | 85 | | a weather-related civil preparedness emergency declared pursuant to 55 |
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86 | 86 | | section 28-9. 56 |
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87 | 87 | | This act shall take effect as follows and shall amend the following |
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88 | 88 | | sections: |
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89 | 89 | | |
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90 | 90 | | Section 1 from passage 13b-31h |
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91 | 91 | | |
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92 | 92 | | TRA Joint Favorable |
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