Connecticut 2025 Regular Session

Connecticut House Bill HB06868 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	LCO 1 of 7
	3	+	LCO No. 4388 1 of 7
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	5	+	General Assembly Governor’s Bill No. 6868
	6	+	January Session, 2025
	7	+	LCO No. 4388
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6		-	General Assembly Substitute Bill No. 6868
7		-	January Session, 2025
	10	+	Referred to Committee on ENVIRONMENT
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	12	+
	13	+	Introduced by:
	14	+	Request of the Governor Pursuant
	15	+	to Joint Rule 9
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11	21		AN ACT ENHANCING ENVIRONMENTAL PERMITTING
12	22		PREDICTABILITY.
13	23		Be it enacted by the Senate and House of Representatives in General
14	24		Assembly convened:
15	25
16	26		Section 1. Section 22a-6aa of the general statutes is repealed and the 1
17	27		following is substituted in lieu thereof (Effective October 1, 2025): 2
18	28		The Commissioner of Energy and Environmental Protection may 3
19	29		continue in effect any general permit issued by the commissioner 4
20	30		pursuant to the provisions of this title [for a period of twelve months 5
21	31		beyond the expiration date for such permit] until a new general permit 6
22	32		is issued, or the commissioner makes a determination not to issue a new 7
23	33		general permit, provided the commissioner publishes notice, not later 8
24	34		than one hundred eighty days prior to the expiration date of such 9
25	35		general permit of the intent to renew such general permit in accordance 10
26	36		with any applicable provision of this title. Any such general permit 11
27	37		continued in effect beyond its expiration date shall remain in effect until 12
28	38		the commissioner makes a final decision on the renewal of such general 13
29	39		permit, in accordance with the provisions of this title. [, provided such 14
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30	46		final decision is made on or before the twelfth month after the expiration 15
31	47		date. If no final decision is made within such time period, such general 16
32	48		permit shall expire.] The commissioner may require the remittance of a 17
33	49		registration fee in an amount not to exceed the existing registration fee 18
34		-	for such general permit whenever a general permit is continued in effect 19 Substitute Bill No. 6868
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36		-
37		-	LCO 2 of 7
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	50	+	for such general permit whenever a general permit is continued in effect 19
39	51		beyond its expiration date in accordance with the provisions of this 20
40	52		section. Nothing in this section shall affect the obligation of any person 21
41	53		to register for a general permit pursuant to the provisions of this title in 22
42	54		a timely fashion or to comply with any general permit issued by the 23
43	55		commissioner pursuant to the provisions of this title. 24
44	56		Sec. 2. (NEW) (Effective July 1, 2025) (a) (1) Notwithstanding the 25
45	57		provisions of chapters 440 and 444 of the general statutes and sections 26
46	58		22a-361 and 22a-363b of the general statutes, the Commissioner of 27
47	59		Energy and Environmental Protection may require, as a condition of any 28
48	60		permit issued pursuant to section 22a-32, 22a-42, 22a-361 or 22a-363b of 29
49	61		the general statutes, or as a condition of any certification regarding 30
50	62		water quality pursuant to 33 USC 1341, watershed-level compensatory 31
51	63		mitigation to offset impacts to water resources caused by any regulated 32
52	64		activity (A) that is authorized under permit actions and conducted by 33
53	65		any department, agency or instrumentality of the state, except any local 34
54	66		or regional board of education, or (B) that is authorized under permit 35
55	67		actions for activities within the public trust, including, but not limited 36
56	68		to, impacts to inland wetlands and watercourses, tidal wetlands and 37
57	69		coastal waters. 38
58	70		(2) The commissioner may include conditions for any license or 39
59	71		certification referenced in subsection (a) of this section only if the 40
60	72		commissioner determines that the applicant has demonstrated that: (A) 41
61	73		It is not prudent to further minimize impacts of the regulated activity, 42
62	74		and (B) for licensees or certificates that authorize actions for activities 43
63	75		within the public trust, the commissioner additionally determines that 44
64	76		the applicant has demonstrated that the watershed-level mitigation 45
65	77		project will provide substantial public benefit. 46
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66	84		(3) The commissioner may enter into any contract or agreement with 47
67	85		any contractor, state agency or federal agency in order to implement the 48
68	86		provisions of this section. 49
69	87		(b) Provided the requirements of subdivision (2) of subsection (a) of 50
70		-	this section are met, the commissioner may require one or both of the 51 Substitute Bill No. 6868
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	88	+	this section are met, the commissioner may require one or both of the 51
75	89		following actions by the permittee: (1) The purchasing of resource 52
76	90		credits to provide compensation, in an amount established by the 53
77	91		commissioner, to fund compensatory mitigation projects, or (2) 54
78	92		participation in a compensatory mitigation project in lieu of a fee 55
79	93		program or mitigation bank that has been approved for use by the 56
80	94		United States Army Corps of Engineers and the Department of Energy 57
81	95		and Environmental Protection. 58
82	96		(c) Any land purchase, conservation easement or other protective 59
83	97		instrument used as a compensatory mitigation project pursuant to this 60
84	98		section shall be held by a third party, unless the commissioner 61
85	99		determines it is in the interest of the state for the state to hold the asset. 62
86	100		All lands or interests in land acquired pursuant to this section shall be 63
87	101		preserved in perpetuity for the protection of the wetland and 64
88	102		hydrological functioning. 65
89	103		(d) Any watershed-level mitigation project pursued in accordance 66
90	104		with this section shall create, restore or enhance the same or similar 67
91	105		types of water resource to be impacted by the regulated activity and 68
92	106		such compensation shall be proportional to the impacts caused by the 69
93	107		proposed regulated activity. 70
94	108		(e) All watershed-level compensation resources acquired pursuant to 71
95	109		this section shall be adequately protected, in perpetuity, to protect the 72
96	110		water resources subject to mitigation under this section. 73
97	111		(f) (1) The commissioner shall issue, and may periodically reissue, a 74
98	112		request for proposals for contractors who will develop a watershed-75
99	113		level mitigation program. Any such selected contractor shall be 76
100	114		responsible for identifying potential watershed-level mitigation project 77
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101	121		locations for the commissioner's approval and performing wetland and 78
102	122		water resource creation, restoration or enhancement projects, including 79
103	123		providing for such project's long-term management. The request for 80
104	124		proposals may include any elements necessary for operation of the 81
105	125		watershed-level mitigation program, as determined by the 82
106		-	commissioner. In evaluating contractors for selection under any such 83 Substitute Bill No. 6868
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	126	+	commissioner. In evaluating contractors for selection under any such 83
111	127		request for proposals, the commissioner shall evaluate contractor 84
112	128		qualifications that include, but are not limited to, sufficient financial 85
113	129		resources to monitor and maintain any mitigation project for the 86
114	130		appropriate time periods and sufficient and reliable demonstration of 87
115	131		financial controls to administer the accounts necessary to conduct, 88
116	132		monitor and maintain any such projects. The commissioner may select 89
117	133		one or more contractors to carry out the purposes of this section. 90
118	134		(2) Any contractor selected pursuant to subdivision (1) of this 91
119	135		subsection shall seek the commissioner's approval for any project 92
120	136		location or scope before initiating such a compensatory mitigation 93
121	137		project. 94
122	138		(3) Each such contractor may accept other federal, state or private 95
123	139		funding for such projects in order to enhance or expand the 96
124	140		compensatory mitigation project. 97
125	141		Sec. 3. (NEW) (Effective from passage) (a) The Commissioner of Energy 98
126	142		and Environmental Protection shall prepare a report that evaluates 99
127	143		potential improvements to environmental reviews undertaken 100
128	144		pursuant to the state Endangered Species Act. Such report shall include: 101
129	145		(1) Recommendations for improvements to the processing of such 102
130	146		environmental reviews that will increase the efficiency, transparency, 103
131	147		and predictability of such reviews, (2) an assessment of similar 104
132	148		environmental review programs in other states, (3) recommendations 105
133	149		concerning qualifications and proficiencies of third-party consultants 106
134	150		that prepare mitigation plans and other materials required by the 107
135	151		Department of Energy and Environmental Protection 's Natural 108
136	152		Diversity Data Base review process, (4) a description of the required 109
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137	159		components of a Natural Diversity Data Base review request, (5) the 110
138	160		outcomes of a stakeholder engagement process that compiles public 111
139	161		opinions on Natural Diversity Data Base review program 112
140	162		improvements, and (6) a prioritized list of additional scientific and 113
141	163		communications resources that would increase the efficiency and 114
142		-	predictability of the environmental review process. 115 Substitute Bill No. 6868
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	164	+	predictability of the environmental review process. 115
147	165		(b) The commissioner may, within existing resources, hire a 116
148	166		consultant to assist in preparing the report or portions thereof. 117
149	167		(c) Not later than February 1, 2026, the commissioner shall submit 118
150	168		said report, in accordance with the provisions of section 11-4a of the 119
151	169		general statutes, to the joint standing committee of the General 120
152	170		Assembly having cognizance of matters relating to the environment and 121
153	171		shall post said report on the Department of Energy and Environmental 122
154	172		Protection's Internet web site. 123
155	173		Sec. 4. (NEW) (Effective from passage) (a) For any license, as defined in 124
156	174		section 4-166 of the general statutes, that requires a hearing upon receipt 125
157	175		of a petition by the Commissioner of Energy and Environmental 126
158	176		Protection pursuant to any provision of title 22a of the general statutes 127
159	177		or section 25-68d of the general statutes, or the regulations of 128
160	178		Connecticut state agencies under the authority of the Department of 129
161	179		Energy and Environmental Protection, such hearing shall be a public 130
162	180		informational hearing and shall not be subject to the requirements of 131
163	181		chapter 54 of the general statutes unless such petition alleges 132
164	182		aggrievement or unreasonable pollution, impairment or destruction of 133
165	183		the public trust in accordance with the provisions of subsection (b) of 134
166	184		this section. At such public informational hearing, the Commissioner of 135
167	185		Energy and Environmental Protection shall accept written and verbal 136
168	186		comments regarding the license that is the subject of such informational 137
169	187		hearing. Before issuing any final decision on a license that is the subject 138
170	188		of such a public informational hearing, the commissioner shall respond 139
171	189		to comments received at such informational hearing by posting a 140
172	190		written response on the Department of Energy and Environmental 141
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173	197		Protection's Internet web site. 142
174	198		(b) For purposes of subsection (a) of this section, a petition alleges 143
175	199		aggrievement or unreasonable pollution, impairment or destruction of 144
176	200		the public trust if the petition sets forth specific facts that: (1) 145
177	201		Demonstrate that the legal rights, duties or privileges of at least one 146
178	202		person who signed the petition will be, or may reasonably be expected 147
179		-	to be, affected by the decision, or (2) allege that the proceeding involves 148 Substitute Bill No. 6868
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	203	+	to be, affected by the decision, or (2) allege that the proceeding involves 148
184	204		conduct that has, or is reasonably likely to have, the effect of 149
185	205		unreasonably polluting, impairing or destroying the public trust in the 150
186	206		air, water or other natural resources of the state. The commissioner shall 151
187	207		provide a copy of any such petition to the person seeking such license 152
188	208		not later than ten business days after receipt of such petition. Such 153
189	209		person may object to such petition on the basis that such petition fails to 154
190	210		contain the specific factual demonstration required by this subsection. 155
191	211		Not later than thirty days after a petition is submitted pursuant to 156
192	212		subsection (a) of this subsection that purports to allege aggrievement or 157
193	213		unreasonable pollution or destruction of such public trust, the 158
194	214		commissioner shall determine whether the petition satisfies the 159
195	215		requirements of this section and send notice of such determination, in 160
196	216		writing, to the person seeking such license. If such petition request is 161
197	217		granted by the commissioner, the petitioner shall be granted intervening 162
198	218		party status and a hearing shall be held pursuant to the requirements of 163
199	219		chapter 54 of the general statutes. 164
200	220		(c) No provision of subsection (a) or (b) of this section shall be 165
201	221		construed to require a public informational hearing or contested case 166
202	222		hearing in lieu of the public hearing prerequisites established in 167
203	223		subdivisions (1) and (2) of subsection (b) of section 22a-32 of the general 168
204	224		statutes, subdivisions (2) and (3) of subsection (k) of section 22a-39 of 169
205	225		the general statutes, subdivisions (2) and (3) of subsection (b) of section 170
206	226		22a-361 of the general statutes or subdivisions (3) and (4) of subsection 171
207		-	(d) of section 25-~~68d~~ of the general statutes. 172
	227	+	(d) of section 25-68 of the general statutes. 172
208	228		(d) No provision of this section shall be construed to prevent the 173
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209	235		commissioner from holding a hearing prior to approving or denying 174
210	236		any application if the commissioner determines that the public interest 175
211	237		will be best served by holding a hearing and if another provision of the 176
212	238		general statutes provides the commissioner the discretion to hold such 177
213	239		a hearing. Any hearing held pursuant to this subsection shall not be 178
214		-	subject to the requirements of chapter 54 of the general statutes. 179 Substitute Bill No. 6868
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	240	+	subject to the requirements of chapter 54 of the general statutes. 179
219	241		This act shall take effect as follows and shall amend the following
220	242		sections:
221	243
222	244		Section 1 October 1, 2025 22a-6aa
223	245		Sec. 2 July 1, 2025 New section
224	246		Sec. 3 from passage New section
225	247		Sec. 4 from passage New section
226	248
227		-	Statement of Legislative Commissioners:
228		-	In Section 4(c), reference to section "25-68" was changed to "25-68d", for
229		-	accuracy.
	249	+	Statement of Purpose:
	250	+	To implement the Governor's budget recommendations.
230	251
231		-	ENV Joint Favorable Subst. -LCO
	252	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	253	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	254	+	underlined.]
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