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 Section 22a-6aa of the general statutes is repealed and the 1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