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General Assembly Raised Bill No. 1496
January Session, 2025
LCO No. 5248
Referred to Committee on ENVIRONMENT
Introduced by:
(ENV)
AN ACT CONCERNING MINOR REVISIONS TO DEPARTMENT OF
ENERGY AND ENVIRONMENTAL PROTECTION RELATED
STATUTES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 22a-6 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective from passage): 2
(a) The commissioner may: (1) Adopt, amend or repeal, in 3
accordance with the provisions of chapter 54, such environmental 4
standards, criteria and regulations, and such procedural regulations as 5
are necessary and proper to carry out the department's functions, 6
powers and duties; (2) enter into contracts with any person, firm, 7
corporation or association to do all things necessary or convenient to 8
carry out the functions, powers and duties of the department; (3) 9
initiate and receive complaints as to any actual or suspected violation 10
of any statute, regulation, permit or order administered, adopted or 11
issued by the department. The commissioner shall have the power to 12
hold hearings, administer oaths, take testimony and subpoena 13
witnesses and evidence, enter orders and institute legal proceedings 14
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including, but not limited to, suits for injunctions, for the enforcement 15
of any statute, regulation, order or permit administered, adopted or 16
issued by the department; (4) in accordance with regulations adopted 17
by the department, require, issue, renew, revoke, modify or deny 18
permits, under such conditions as the commissioner may prescribe, 19
governing all sources of pollution in Connecticut within the 20
department's jurisdiction; (5) in accordance with constitutional 21
limitations, enter at all reasonable times, without liability, upon any 22
public or private property, except a private residence, for the purpose 23
of inspection and investigation to ascertain possible violations of any 24
statute, regulation, order or permit administered, adopted or issued by 25
the department and the owner, managing agent or occupant of any 26
such property shall permit such entry, and no action for trespass shall 27
lie against the commissioner for such entry, or the commissioner may 28
apply to any court having criminal jurisdiction for a warrant to inspect 29
such premises to determine compliance with any statute, regulation, 30
order or permit administered, adopted or enforced by the department, 31
provided any information relating to secret processes or methods of 32
manufacture or production ascertained by the commissioner during, or 33
as a result of, any inspection, investigation, hearing or otherwise shall 34
be kept confidential and shall not be disclosed except that, 35
notwithstanding the provisions of subdivision (5) of subsection (b) of 36
section 1-210, such information may be disclosed by the commissioner 37
to the United States Environmental Protection Agency and the Nuclear 38
Regulatory Commission pursuant to the federal Freedom of 39
Information Act of 1976, (5 USC 552) and regulations adopted 40
thereunder or, if such information is submitted after June 4, 1986, to 41
any person pursuant to the federal Clean Water Act (33 USC 1251 et 42
seq.); (6) undertake any studies, inquiries, surveys or analyses the 43
commissioner may deem relevant, through the personnel of the 44
department or in cooperation with any public or private agency, to 45
accomplish the functions, powers and duties of the commissioner; (7) 46
require the posting of sufficient performance bond or other security to 47
assure compliance with any permit or order; (8) provide by notice 48
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printed on any form that any false statement made thereon or 49
pursuant thereto is punishable as a criminal offense under section 53a-50
157b; (9) construct or repair or contract for the construction or repair of 51
any [dam or flood and erosion control system] service road, trail, 52
greenway, bridge, dam, flood prevention, climate resilience and 53
erosion control system, as defined in section 25-85, or other civil or 54
natural resource infrastructure under the department's control and 55
management; [,] (10) make or contract for the making of any alteration, 56
repair or addition to any other real asset under the department's 57
control and management, including rented or leased premises, 58
involving an expenditure of [five hundred thousand] one million 59
dollars or less, [and,] provided, not later than July 1, 2028, and 60
annually thereafter, the Commissioner of Administrative Services shall 61
adjust such threshold expenditures by the percentage change in the 62
Producer Price Index by Commodity; Construction (Partial) (WPU80), 63
not seasonally adjusted, or its successor index, as calculated by the 64
United State Department of Labor, over the preceding calendar year, 65
rounded to the nearest multiple of one hundred dollars, and shall post 66
such adjusted dollar amounts on the Internet web site of the 67
Department of Administrative Services; (11) with prior approval of the 68
Commissioner of Administrative Services, make or contract for the 69
making of any alteration, repair or addition to such other real asset 70
under the department's control and management involving an 71
expenditure of more than [five hundred thousand] one million dollars 72
but not more than [one] three million dollars, [; (10)] provided, not 73
later than July 1, 2028, and annually thereafter, the Commissioner of 74
Administrative Services shall adjust such threshold expenditures by 75
the percentage change in the Producer Price Index by Commodity; 76
Construction (Partial) (WPU80), not seasonally adjusted, or its 77
successor index, as calculated by the United State Department of 78
Labor, over the preceding calendar year, rounded to the nearest 79
multiple of one hundred dollars, and shall post such adjusted dollar 80
amounts on the Internet web site of the Department of Administrative 81
Services; (12) in consultation with affected town and watershed 82
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organizations, enter into a lease agreement with a private entity 83
owning a facility to allow the private entity to generate 84
hydroelectricity provided the project meets the certification standards 85
of the Low Impact Hydropower Institute; [(11)] (13) by regulations 86
adopted in accordance with the provisions of chapter 54, require the 87
payment of a fee sufficient to cover the reasonable cost of the search, 88
duplication and review of records requested under the Freedom of 89
Information Act, as defined in section 1-200, and the reasonable cost of 90
reviewing and acting upon an application for and monitoring 91
compliance with the terms and conditions of any state or federal 92
permit, license, registration, order, certificate or approval required 93
pursuant to subsection (i) of section 22a-39, subsections (c) and (d) of 94
section 22a-96, subsections (h), (i) and (k) of section 22a-424, and 95
sections 22a-6d, 22a-32, 22a-134a, 22a-134e, 22a-135, 22a-148, 22a-150, 96
22a-174, 22a-208, 22a-208a, 22a-209, 22a-342, 22a-345, 22a-354i, 22a-361, 97
22a-363c, 22a-368, 22a-372, 22a-379, 22a-403, 22a-409, 22a-416, 22a-428 98
to 22a-432, inclusive, 22a-449 and 22a-454 to 22a-454c, inclusive, and 99
Section 401 of the federal Clean Water Act, (33 USC 1341). Such costs 100
may include, but are not limited to the costs of (A) public notice, (B) 101
reviews, inspections and testing incidental to the issuance of and 102
monitoring of compliance with such permits, licenses, orders, 103
certificates and approvals, and (C) surveying and staking boundary 104
lines. The applicant shall pay the fee established in accordance with the 105
provisions of this section prior to the final decision of the 106
commissioner on the application. The commissioner may postpone 107
review of an application until receipt of the payment. Payment of a fee 108
for monitoring compliance with the terms or conditions of a permit 109
shall be at such time as the commissioner deems necessary and is 110
required for an approval to remain valid; and [(12)] (14) by regulations 111
adopted in accordance with the provisions of chapter 54, require the 112
payment of a fee sufficient to cover the reasonable cost of responding 113
to requests for information concerning the status of real estate with 114
regard to compliance with environmental statutes, regulations, permits 115
or orders. Such fee shall be paid by the person requesting such 116
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information at the time of the request. Funds not exceeding two 117
hundred thousand dollars received by the commissioner pursuant to 118
subsection (g) of section 22a-174, during the fiscal year ending June 30, 119
1985, shall be deposited in the General Fund and credited to the 120
appropriations of the Department of Energy and Environmental 121
Protection in accordance with the provisions of section 4-86, and such 122
funds shall not lapse until June 30, 1986. In any action brought against 123
any employee of the department acting within the scope of delegated 124
authority in performing any of the above-listed duties, the employee 125
shall be represented by the Attorney General. 126
Sec. 2. Section 16a-101 of the general statutes is repealed and the 127
following is substituted in lieu thereof (Effective from passage): 128
As used in this chapter: 129
(1) "Atomic energy" has the same meaning as provided in 42 USC 130
2014, as amended from time to time; 131
(2) "By-product material" means each of the following: (A) Any 132
radioactive material, other than special nuclear material, that is yielded 133
in or made radioactive by exposure to radiation which is incidental to 134
the process of producing or utilizing special nuclear material; (B) the 135
tailings or wastes produced by the extraction or concentration of 136
uranium or thorium from any ore processed primarily for its source 137
material content, including discrete surface wastes resulting from 138
uranium solution extraction processes but excluding any underground 139
ore bodies depleted by such solution extraction processes; (C) any 140
discrete source of radium-226 that is produced, extracted or converted 141
after extraction for use for a commercial, medical or research activity; 142
(D) any material that (i) was made radioactive by use of a particle 143
accelerator, including by use of a fusion machine, and [that] (ii) if 144
made radioactive by use of a particle accelerator that is not a fusion 145
machine, is produced, extracted or converted after extraction for use 146
for a commercial, medical or research activity; and (E) any discrete 147
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source of naturally occurring radioactive material, other than source 148
material, that is extracted or converted after extraction for use in a 149
commercial, medical or research activity, if the United States Nuclear 150
Regulatory Commission determines that the source would pose a 151
threat similar to the threat posed by a discrete source of radium-226 to 152
the public health and safety; 153
(3) "Production facility" has the same meaning as provided in 42 154
USC 2014, as amended from time to time; 155
(4) "Special nuclear material" means: (A) Plutonium, uranium 233, 156
uranium enriched in the isotope 233 or in the isotope 235, and any 157
other material if the United States Nuclear Regulatory Commission 158
determines the material to be such special nuclear material, but does 159
not include source material; or (B) any material artificially enriched by 160
any elements, isotopes or materials listed in subparagraph (A) of this 161
subdivision not including source materials; 162
(5) "Utilization facility" has the same meaning as provided in 42 163
USC 2014, as amended from time to time; 164
(6) "Radioactive material" means any solid, liquid or gas that emits 165
ionizing radiation spontaneously; 166
(7) "Source material" means each of the following: (A) Uranium, 167
thorium or any combination of said elements, in any physical or 168
chemical form; (B) any other material if the United States Nuclear 169
Regulatory Commission determines the material to be source material; 170
and (C) ores that contain uranium, thorium or any combination of said 171
elements in a concentration by weight of 0.05 per cent or more, or in 172
such lower concentration if the United States Nuclear Regulatory 173
Commission determines the material in such concentration to be 174
source material; 175
(8) "Naturally occurring radioactive material" means material that 176
contains radionuclides that are naturally present in the environment in 177
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materials, including, but not limited to, rocks, soil, minerals, natural 178
gas, petroleum and ground or surface water; 179
(9) "Discrete source" means a radionuclide that was processed such 180
that its concentration within a material was purposely increased for 181
use for commercial, medical or research activities; and 182
(10) "Fusion machine" has the same meaning as provided in 42 USC 183
2014, as amended from time to time. 184
Sec. 3. Section 22a-151 of the general statutes is repealed and the 185
following is substituted in lieu thereof (Effective from passage): 186
As used in sections 22a-151 to 22a-158, inclusive, as amended by this 187
act: 188
(1) "By-product material" means each of the following: (A) Any 189
radioactive material, other than special nuclear material, that is yielded 190
in or made radioactive by exposure to radiation which is incidental to 191
the process of producing or utilizing special nuclear material; (B) the 192
tailings or wastes produced by the extraction or concentration of 193
uranium or thorium from any ore processed primarily for its source 194
material content, including discrete surface wastes resulting from 195
uranium solution extraction processes but excluding any underground 196
ore bodies depleted by such solution extraction processes; (C) any 197
discrete source of radium-226 that is produced, extracted or converted 198
after extraction for use for a commercial, medical or research activity; 199
(D) any material that (i) was made radioactive by use of a particle 200
accelerator, including by use of a fusion machine, and [that] (ii) if 201
made radioactive by use of an accelerator that is not a fusion machine 202
is produced, extracted or converted after extraction for use for a 203
commercial, medical or research activity; and (E) any discrete source of 204
naturally occurring radioactive material, other than source material, 205
that is extracted or converted after extraction for use in a commercial, 206
medical or research activity, if the United States Nuclear Regulatory 207
Commission determines that the source would pose a threat similar to 208
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the threat posed by a discrete source of radium-226 to the public health 209
and safety; 210
(2) "Ionizing radiation" means gamma rays and x-rays, alpha and 211
beta particles, high speed electrons, neutrons, protons and other 212
nuclear particles, but not sound or radio waves, or visible, infrared or 213
ultra violet light. The Commissioner of Energy and Environmental 214
Protection shall be empowered to make regulations amending or 215
modifying this definition; 216
(3) "General license" means a license effective pursuant to 217
regulations promulgated by the Commissioner of Energy and 218
Environmental Protection without the filing of an application for, or 219
issuance of a licensing document for, the transfer, transport, 220
acquisition, ownership, possession or use of quantities of, or devices or 221
equipment utilizing by-product, source, special nuclear materials or 222
other radioactive material occurring naturally or produced artificially; 223
(4) "Specific license" means a license, issued after application, to use, 224
manufacture, produce, transfer, transport, receive, acquire, own, or 225
possess quantities of, or devices or equipment utilizing by-product, 226
source, special nuclear materials or other radioactive material 227
occurring naturally or produced artificially; 228
(5) "Person" means any individual, corporation, limited liability 229
company, partnership, firm, association, trust, estate, public or private 230
institution, group, agency, other than any federal agency, political 231
subdivision of this state, any other state or political subdivision or 232
agency thereof, and any legal successor, representative, agent or 233
agency of any of the foregoing, other than the United States Nuclear 234
Regulatory Commission or any successor thereto, and other than 235
agencies of the government of the United States licensed by the United 236
States Nuclear Regulatory Commission or any successor thereto; 237
(6) "Registration" means registration in conformance with the 238
requirements of section 22a-148. The issuance of a specific license 239
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pursuant to sections 22a-151 to 22a-158, inclusive, as amended by this 240
act, shall be deemed to satisfy fully any registration requirements set 241
forth in said section; 242
(7) "Source material" means each of the following: (A) Uranium, 243
thorium or any combination of said elements, in any physical or 244
chemical form; (B) any other material if the United States Nuclear 245
Regulatory Commission determines the material to be source material; 246
and (C) ores that contain uranium, thorium or any combination of said 247
elements in a concentration by weight of 0.05 per cent or more, or in 248
such lower concentration if the United States Nuclear Regulatory 249
Commission determines the material in such concentration to be 250
source material; 251
(8) "Special nuclear material" means: 252
(A) Plutonium, uranium 233, uranium enriched in the isotope 233 or 253
in the isotope 235 and any other material if the United States Nuclear 254
Regulatory Commission determines the material to be such special 255
nuclear material, but does not include source material; or (B) any 256
material artificially enriched by any elements, isotopes or materials 257
listed in subparagraph (A) of this subdivision not including source 258
materials; 259
(9) "Radioactive materials" means any solid, liquid or gas that emits 260
ionizing radiation spontaneously; 261
(10) "Commissioner" means the Commissioner of Energy and 262
Environmental Protection or the commissioner's designee or agent; 263
(11) "Naturally occurring radioactive material" means material that 264
contains radionuclides that are naturally present in the environment in 265
materials, including, but not limited to, rocks, soil, minerals, natural 266
gas, petroleum and ground or surface water; 267
(12) "Discrete source" means a radionuclide that was processed such 268
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that its concentration within a material was purposely increased for 269
use for commercial, medical or research activities; 270
(13) "Sources of ionizing radiation" means, collectively, radioactive 271
materials and radiation generating equipment; and 272
(14) "Fusion machine" has the same meaning as provided in 42 USC 273
2014, as amended from time to time. 274
Sec. 4. Section 26-159a of the general statutes is repealed and the 275
following is substituted in lieu thereof (Effective from passage): 276
To establish and manage populations of marine and anadromous 277
finfish and marine arthropods and to facilitate the establishment of 278
unified coast-wide regulations in accordance with the provisions of 279
fishery management plans developed pursuant to the Fishery 280
Conservation and Management Act of 1976 (Public Law 94-265, as 281
amended) or other regional fishery management authorities, the 282
Commissioner of Energy and Environmental Protection may adopt 283
regulations in accordance with the provisions of chapter 54 governing 284
possession of such species, sport fishing and commercial fishing by 285
persons fishing for such species in the waters of this state or landing 286
such species in this state, regardless of where such species were taken. 287
Such regulations may: (1) Establish the open and closed seasons; (2) 288
establish hours, days or periods during the open season when fishing 289
shall not be permitted in designated waters or areas for all or limited 290
species by all or limited methods; (3) establish legal lengths; (4) 291
prescribe the legal methods of sport fishing for all or limited species; 292
(5) establish for sport fishing the daily creel limit, the season creel limit 293
and the possession limit; (6) restrict sport fishing from boats and other 294
floating devices and sport fishing from designated areas; (7) determine 295
the species which may be taken by commercial fishing methods, 296
provided striped bass, Atlantic salmon, other anadromous salmon, 297
brown trout, rainbow trout and brook trout may only be taken by 298
angling and, if taken in the waters of this state, shall not be sold, 299
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bartered, exchanged or offered for sale, barter or exchange; (8) 300
prescribe the legal methods of commercial fishing; (9) determine the 301
specifications, materials and dimensions of nets, seines, fykes, traps, 302
pounds, trawls, trolling gear, long lines, set lines and other commercial 303
fishing gear used in the waters of this state; (10) regulate the use and 304
marking of commercial fishing gear, including boats used to conduct 305
activities authorized pursuant to section 26-142a; (11) determine the 306
number and size of finfish and marine arthropods which may be taken 307
by commercial fishermen; (12) determine the total number and pounds 308
of finfish and marine arthropods, by species, which may be taken by 309
commercial fishing methods or for commercial purposes during a 310
calendar year or lesser period; (13) prohibit the landing of protected 311
species; (14) for a fishing derby or tournament, require that such 312
activity be registered and that an accurate report of all fish tagged, 313
marked and taken, time spent on an area and any other data required 314
by the commissioner for management purposes be returned within a 315
specified period of time. Any person who violates any regulation 316
concerning sport fishing adopted in accordance with the provisions of 317
chapter 54 and this section shall have committed an infraction and may 318
pay the fine by mail or plead not guilty under the provisions of section 319
51-164n. Any declaration related to interstate fishery management 320
plans that is made pursuant to a regulation adopted pursuant to this 321
section shall remain in effect until a new declaration is made or such 322
regulation is amended. 323
Sec. 5. Section 26-142b of the general statutes is repealed and the 324
following is substituted in lieu thereof (Effective from passage): 325
(a) For the purposes of this section, "active" with regard to a 326
principal commercial fishing license, general commercial fishing 327
license or commercial lobster pot fishing license means that the license 328
has been renewed in the current year, and "temporary incapacitation" 329
means a reported physical or mental illness or injury that will affect a 330
person for a limited period of time. 331
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(b) Notwithstanding any other provision of law, the Commissioner 332
of Energy and Environmental Protection may reissue an active 333
principal commercial fishing license, general commercial fishing 334
license or commercial lobster pot fishing license in the event the license 335
holder is temporarily incapacitated and unable to operate a vessel or 336
perform other necessary functions associated with commercial fishing 337
or in the event a license holder is unable to conduct commercial fishing 338
due to exigencies related to medical care of an immediate family 339
member. The license holder shall submit a written request for such 340
reissuance to the commissioner and include in such submission either 341
a medical note from a treating practitioner that confirms such 342
temporary incapacitation of the license holder, or a note from a 343
treating practitioner of the immediate family member who requires 344
medical care, as applicable. Such temporary license may only be issued 345
to a member of such license holder's immediate family or to a member 346
of such license holder's crew, as designated by such license holder, for 347
the [duration of such license holder's incapacity or exigencies related 348
to medical care of an immediate family member of such license holder] 349
remainder of the calendar year in which the temporary license is 350
issued. The license holder may renew such license and reapply for 351
such a temporary transfer license in the event such temporary 352
incapacity or need for medical care of an immediate family member 353
continues. Such temporary license shall be subject to the provisions of 354
section 26-142a. Landings during the period of such temporary license 355
reissue may be used to satisfy the requirements for license transfer in 356
subsection (c) of this section, provided the licensee met all such 357
requirements for transfer at the time of such temporary reissue. 358
(c) The commissioner may authorize the transfer of an active 359
principal commercial fishing license, general commercial fishing 360
license or commercial lobster pot fishing license, issued pursuant to 361
subsection (f) of section 26-142a, provided: (1) For purposes of an 362
active resident-held principal or general commercial fishing license or 363
commercial lobster pot fishing license: (A) The person receiving the 364
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license in such transfer is a resident of this state, and (B) the person 365
transferring the license held the license and landed regulated species 366
or owned a vessel that landed regulated species under the privilege of 367
a quota-managed species endorsement associated with the license in at 368
least five of the eight calendar years preceding the transfer request and 369
such license specific landings were reported to the commissioner, 370
pursuant to section 26-157b, for not less than thirty fishing days in each 371
year, or (2) for purposes of an active nonresident-held principal or 372
general commercial fishing license or commercial lobster pot fishing 373
license: The person transferring the license held the license and landed 374
regulated species or owned a vessel that landed regulated species 375
under the privilege of a quota-managed species endorsement 376
associated with the license in at least five of the eight calendar years 377
preceding the transfer request and such landings were reported to the 378
commissioner, pursuant to section 26-157b, for not less than thirty 379
fishing days in each year. Such license specific landings shall be 380
verified by seafood dealer reports submitted pursuant to section 26-381
157b. The recipient of a transferred commercial lobster pot fishing 382
license or principal commercial fishing license shall be limited to the 383
number of lobster pots allocated to such license, except a transferee 384
who currently holds a commercial lobster pot fishing license, issued 385
pursuant to subsection (f) of section 26-142a, shall be limited to the 386
number of pots allocated to such person's currently held commercial 387
lobster pot fishing license or principal commercial fishing license or to 388
the transferred license, whichever is greater. The length of any 389
commercial fishing vessel used by the recipient of a transferred license 390
to fish with a trawl net in the waters of this state shall be not more than 391
twenty per cent greater than the length of the largest vessel used by the 392
person transferring the license during such qualifying period. 393
(d) (1) In the event of the death of the holder of an active principal 394
commercial fishing license, general commercial fishing license or 395
commercial lobster pot fishing license, the commissioner may 396
authorize the transfer of such license pursuant to subsection (c) of this 397
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section, for a period of two years from the date of death of such license 398
holder. 399
(2) If the deceased license holder held such license for a period of 400
less than five complete calendar years, the commissioner may 401
authorize the transfer of such license (A) subject to the provisions of 402
this section, and (B) provided the deceased license holder landed 403
regulated species or owned a vessel that landed regulated species 404
under the privilege of a quota-managed species endorsement 405
associated with the license in each calendar year during which the 406
deceased license holder held the license for six months or longer, and 407
(C) provided such landings were reported to the commissioner by the 408
deceased license holder, pursuant to section 26-157b, for not less than 409
thirty fishing days in each year. 410
(e) Upon transfer of a license, the original license holder shall 411
become ineligible to obtain a renewal of that license. Such original 412
license holder may acquire a new license through a subsequent license 413
transfer. 414
(f) A transfer of a license under this section shall not be made while 415
a commercial fishery license, registration or vessel permit held by the 416
transferor or transferee is under suspension and a transfer shall not be 417
authorized for any transferee who has had a commercial fishery 418
license, registration or vessel permit revoked or suspended within the 419
preceding twelve months. 420
Sec. 6. Subsection (d) of section 22a-202 of the general statutes is 421
repealed and the following is substituted in lieu thereof (Effective from 422
passage): 423
(d) On and after July 1, 2022, the Commissioner of Energy and 424
Environmental Protection shall establish and administer a program to 425
provide rebates or vouchers to residents, municipalities, businesses, 426
nonprofit organizations and tribal entities located in this state when 427
such residents, municipalities, businesses, organizations or tribal 428
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entities purchase or lease a new or used battery electric vehicle, plug-in 429
hybrid electric vehicle or fuel cell electric vehicle. The commissioner, in 430
consultation with the advisory board, shall establish and revise, as 431
necessary, appropriate rebate levels, voucher amounts and maximum 432
income eligibility for [such] prioritized rebates or vouchers. The 433
commissioner shall prioritize the granting of rebates or vouchers to 434
residents [of environmental justice communities, residents having] (1) 435
with household incomes at or below three hundred per cent of the 436
federal poverty level, [and residents] or (2) who participate in state and 437
federal assistance programs, including, but not limited to, the state-438
administered federal Supplemental Nutrition Assistance Program, 439
state-administered federal Low Income Home Energy Assistance 440
Program, a Head Start program established pursuant to section 10-16n 441
or assistance provided by Operation Fuel, Incorporated. Any such 442
rebate or voucher awarded to [a resident of an environmental justice 443
community] income-qualified residents shall be in an amount not less 444
than two hundred per cent [more than] of the standard rebate level or 445
voucher amount. After prioritizing income-qualified residents, the 446
commissioner may prioritize the granting of rebates or vouchers to 447
residents of environmental justice communities provided such 448
vouchers or rebates shall be at a level lower than that provided to 449
income-qualified residents. An eligible municipality, business, 450
nonprofit organization or tribal entity may receive not more than ten 451
rebates or vouchers a year, within available funds, and not more than a 452
total of twenty rebates or vouchers, except the commissioner may issue 453
additional rebates or vouchers to an eligible business or nonprofit 454
organization that operates a fleet of motor vehicles exclusively in an 455
environmental justice community. On and after July 1, 2022, and until 456
June 30, 2027, inclusive, a battery electric vehicle, plug-in hybrid 457
electric vehicle or fuel cell electric vehicle that is eligible for a rebate or 458
voucher under the program shall have a base manufacturer's 459
suggested retail price of not more than fifty thousand dollars. 460
Sec. 7. Section 23-5c of the general statutes is repealed and the 461
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following is substituted in lieu thereof (Effective from passage): 462
The commissioner shall establish a system of natural area preserves 463
and shall have responsibility for selection, care, control, supervision 464
and management of all natural area preserves within the system to the 465
extent of the interest held by the state, and shall maintain such 466
preserves in as natural and wild a state as is consistent with the 467
preservation and enhancement of protected resources and educational, 468
scientific, biological, geological, paleontological and scenic purposes. 469
In establishing such system, the commissioner shall consider as a 470
priority the acquisition of areas identified as essential habitats of 471
endangered and threatened species pursuant to the program 472
established under section 26-305. The commissioner, alone or in 473
cooperation with individuals or other public bodies, including the 474
federal government, may conduct inventories of areas within the state 475
that may prove worthy of inclusion within a system of natural area 476
preserves, and may gather and disseminate information concerning 477
inventoried areas, or natural area preserves under his control. 478
Information collected in such inventories shall become part of the 479
natural diversity database of the Department of Energy and 480
Environmental Protection. The commissioner shall ensure the use of 481
natural area preserves for research consistent with purposes of sections 482
23-5a to 23-53, inclusive. [, and 26-314.] The commissioner may adopt 483
regulations under the provisions of section 23-4 for managing the 484
natural area preserves system including, but not limited to, procedures 485
for the adoption and revision of a management plan for each 486
designated natural area preserve. A management plan may permit 487
recreational activities which do not adversely impact the protected 488
resources of the natural area preserve. The commissioner may use 489
funds available under section 23-79 for the development and 490
implementation of such management plans. 491
Sec. 8. Subsection (b) of section 32-1s of the general statutes is 492
repealed and the following is substituted in lieu thereof (Effective from 493
passage): 494
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(b) Any order or regulation of the Connecticut Commission on 495
Culture and Tourism, which is in force on July 1, 2011, shall continue 496
in force and effect as an order or regulation of the Department of 497
Economic and Community Development until amended, repealed or 498
superseded pursuant to law. Where any order or regulation of said 499
commission or said department conflicts, the Commissioner of 500
Economic and Community Development may implement policies and 501
procedures consistent with the provisions of this section and sections 502
3-110f, 3-110h, 3-110i, 4-9a, 4-66aa, 4-89, 4b-53, 4b-60, 4b-64, 4b-66a, 5-503
198, 7-147a, 7-147b, 7-147c, 7-147j, 7-147p, 7-147q, 7-147y, 8-37lll, 10-504
382, 10-384, 10-385, 10-386, 10-387, 10-388, 10-389, 10-391, 10-392,10-394, 505
10-395, 10-396, 10-397, 10-397a, 10-399, 10-400, 10-401, 10-402, 10-403, 506
10-404, 10-405, 10-406, 10-408, 10-409, 10-410, 10-411, 10-412, 10-413, 10-507
414, 10-415, 10-416, 10-416a, 10-416b,10a-111a, 10a-112, 10a-112b, 10a-508
112g, 11-6a, 12-376d, 13a-252, 19a-315b, 19a-315c, 22a-1d, 22a-19b, [22a-509
27s,] 29-259,32-11a and 32-35 while in the process of adopting the 510
policy or procedure in regulation form, provided notice of intention to 511
adopt regulations is printed in the Connecticut Law Journal not later 512
than twenty days after implementation. The policy or procedure shall 513
be valid until the time final regulations are effective. 514
Sec. 9. Subsection (b) of section 22a-208i of the general statutes is 515
repealed and the following is substituted in lieu thereof (Effective from 516
passage): 517
(b) The commissioner may, by regulations adopted in accordance 518
with chapter 54, exempt categories or classes of recycling facilities 519
from the requirements of said section 22a-208a or 22a-430 provided 520
such exemption would not adversely affect the environment and 521
would advance the objectives of the solid waste management plan 522
adopted and revised under sections 22a-228 and 22a-241a. [and the 523
municipal solid waste recycling plan adopted under section 22a-241.] 524
No person or municipality may operate or continue to operate a 525
recycling facility without permits issued under said section 22a-208a or 526
22a-430 unless such person or municipality first files with the 527
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commissioner a written request for exemption under the regulations 528
adopted under this section. 529
Sec. 10. Subsection (c) of section 22a-241g of the general statutes is 530
repealed and the following is substituted in lieu thereof (Effective from 531
passage): 532
(c) The provisions of this section shall not be construed to exempt a 533
municipality from the requirements of sections [22a-241] 22a-241a to 534
22a-241b, inclusive, 22a-241e and 22a-241g, as amended by this act. 535
Sec. 11. Section 22a-241h of the general statutes is repealed and the 536
following is substituted in lieu thereof (Effective from passage): 537
Notwithstanding the provisions of the recycling strategy of the 538
state-wide solid waste management plan adopted pursuant to section 539
22a-227, any single municipality, or any regional solid waste authority 540
or regional solid waste operating committee comprised of at least five 541
municipalities, may apply for and receive any funds made available by 542
the Commissioner of Energy and Environmental Protection. [In 543
making a grant under section 22a-241 to any such regional solid waste 544
authority or regional solid waste operating committee, the 545
commissioner shall develop a plan for the use of the grant in 546
consultation with such authority or operating committee.] 547
Sec. 12. Subsection (b) of section 22a-260a of the general statutes is 548
repealed and the following is substituted in lieu thereof (Effective from 549
passage): 550
(b) Wherever the words "Connecticut Resources Recovery 551
Authority" are used in any public or special act of 2014 or in the 552
following sections of the general statutes, the words "Materials 553
Innovation and Recycling Authority" shall be substituted in lieu 554
thereof: 1-79, 1-120, 1-124, 1-125, 7-329a, 12-412, 12-459, 16-1, 16-245, 16-555
245b, 22a-208a, 22a-208v, 22a-209h, 22a-219b, 22a-220, [22a-241,] 22a-556
260, 22a-261, 22a-263a, 22a-263b, 22a-268a, 22a-268b, 22a-270a, 22a-557
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272a, 22a-282, 22a-283, 22a-284, 32-1e and 32-658. 558
Sec. 13. Subsection (b) of section 22a-284a of the general statutes is 559
repealed and the following is substituted in lieu thereof (Effective from 560
passage): 561
(b) Wherever the words "Materials Innovation and Recycling 562
Authority" are used in any public or special act of 2023 or in the 563
following sections, the words "MIRA Dissolution Authority" shall be 564
substituted in lieu thereof: 1-79, 1-120, 1-124, 1-125, 7-329a, 12-412, 12-565
459, 16-1, 16-245, 16-245b, 22a-208a, 22a-208v, 22a-209h, 22a-219b, 22a-566
220, [22a-241,] 22a-260, 22a-263a, 22a-263b, 22a-268a, 22a-268b, 22a-567
268g, 22a-270a, 22a-272a, 22a-282, 22a-283, 22a-284, 32-1e and 32-658. 568
Sec. 14. Sections 22a-27s, 22a-27t, 22a-241, 26-157f and 26-314 of the 569
general statutes are repealed. (Effective from passage) 570
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 22a-6
Sec. 2 from passage 16a-101
Sec. 3 from passage 22a-151
Sec. 4 from passage 26-159a
Sec. 5 from passage 26-142b
Sec. 6 from passage 22a-202(d)
Sec. 7 from passage 23-5c
Sec. 8 from passage 32-1s(b)
Sec. 9 from passage 22a-208i(b)
Sec. 10 from passage 22a-241g(c)
Sec. 11 from passage 22a-241h
Sec. 12 from passage 22a-260a(b)
Sec. 13 from passage 22a-284a(b)
Sec. 14 from passage Repealer section
Statement of Purpose:
To make minor revisions to various programs of the Department of
Energy and Environmental Protection.
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[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.]