24 | | - | Section 1. Subsection (a) of section 22a-6 of the general statutes is 1 |
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25 | | - | repealed and the following is substituted in lieu thereof (Effective from 2 |
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26 | | - | passage): 3 |
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27 | | - | (a) The commissioner may: (1) Adopt, amend or repeal, in accordance 4 |
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28 | | - | with the provisions of chapter 54, such environmental standards, 5 |
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29 | | - | criteria and regulations, and such procedural regulations as are 6 |
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30 | | - | necessary and proper to carry out the department's functions, powers 7 |
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31 | | - | and duties; (2) enter into contracts with any person, firm, corporation or 8 |
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32 | | - | association to do all things necessary or convenient to carry out the 9 |
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33 | | - | functions, powers and duties of the department; (3) initiate and receive 10 |
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34 | | - | complaints as to any actual or suspected violation of any statute, 11 |
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35 | | - | regulation, permit or order administered, adopted or issued by the 12 |
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36 | | - | department. The commissioner shall have the power to hold hearings, 13 |
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37 | | - | administer oaths, take testimony and subpoena witnesses and evidence, 14 Raised Bill No. 1496 |
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| 25 | + | Section 1. Section 22a-6 of the general statutes is repealed and the 1 |
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| 26 | + | following is substituted in lieu thereof (Effective from passage): 2 |
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| 27 | + | (a) The commissioner may: (1) Adopt, amend or repeal, in 3 |
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| 28 | + | accordance with the provisions of chapter 54, such environmental 4 |
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| 29 | + | standards, criteria and regulations, and such procedural regulations as 5 |
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| 30 | + | are necessary and proper to carry out the department's functions, 6 |
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| 31 | + | powers and duties; (2) enter into contracts with any person, firm, 7 |
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| 32 | + | corporation or association to do all things necessary or convenient to 8 |
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| 33 | + | carry out the functions, powers and duties of the department; (3) 9 |
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| 34 | + | initiate and receive complaints as to any actual or suspected violation 10 |
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| 35 | + | of any statute, regulation, permit or order administered, adopted or 11 |
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| 36 | + | issued by the department. The commissioner shall have the power to 12 |
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| 37 | + | hold hearings, administer oaths, take testimony and subpoena 13 |
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| 38 | + | witnesses and evidence, enter orders and institute legal proceedings 14 |
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| 39 | + | Raised Bill No. 1496 |
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42 | | - | enter orders and institute legal proceedings including, but not limited 15 |
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43 | | - | to, suits for injunctions, for the enforcement of any statute, regulation, 16 |
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44 | | - | order or permit administered, adopted or issued by the department; (4) 17 |
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45 | | - | in accordance with regulations adopted by the department, require, 18 |
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46 | | - | issue, renew, revoke, modify or deny permits, under such conditions as 19 |
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47 | | - | the commissioner may prescribe, governing all sources of pollution in 20 |
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48 | | - | Connecticut within the department's jurisdiction; (5) in accordance with 21 |
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49 | | - | constitutional limitations, enter at all reasonable times, without liability, 22 |
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50 | | - | upon any public or private property, except a private residence, for the 23 |
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51 | | - | purpose of inspection and investigation to ascertain possible violations 24 |
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52 | | - | of any statute, regulation, order or permit administered, adopted or 25 |
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53 | | - | issued by the department and the owner, managing agent or occupant 26 |
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54 | | - | of any such property shall permit such entry, and no action for trespass 27 |
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55 | | - | shall lie against the commissioner for such entry, or the commissioner 28 |
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56 | | - | may apply to any court having criminal jurisdiction for a warrant to 29 |
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57 | | - | inspect such premises to determine compliance with any statute, 30 |
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58 | | - | regulation, order or permit administered, adopted or enforced by the 31 |
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59 | | - | department, provided any information relating to secret processes or 32 |
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60 | | - | methods of manufacture or production ascertained by the commissioner 33 |
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61 | | - | during, or as a result of, any inspection, investigation, hearing or 34 |
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62 | | - | otherwise shall be kept confidential and shall not be disclosed except 35 |
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63 | | - | that, notwithstanding the provisions of subdivision (5) of subsection (b) 36 |
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64 | | - | of section 1-210, such information may be disclosed by the 37 |
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65 | | - | commissioner to the United States Environmental Protection Agency 38 |
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66 | | - | and the Nuclear Regulatory Commission pursuant to the federal 39 |
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67 | | - | Freedom of Information Act of 1976, (5 USC 552) and regulations 40 |
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68 | | - | adopted thereunder or, if such information is submitted after June 4, 41 |
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69 | | - | 1986, to any person pursuant to the federal Clean Water Act (33 USC 42 |
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70 | | - | 1251 et seq.); (6) undertake any studies, inquiries, surveys or analyses 43 |
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71 | | - | the commissioner may deem relevant, through the personnel of the 44 |
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| 43 | + | LCO No. 5248 2 of 20 |
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| 44 | + | |
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| 45 | + | including, but not limited to, suits for injunctions, for the enforcement 15 |
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| 46 | + | of any statute, regulation, order or permit administered, adopted or 16 |
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| 47 | + | issued by the department; (4) in accordance with regulations adopted 17 |
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| 48 | + | by the department, require, issue, renew, revoke, modify or deny 18 |
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| 49 | + | permits, under such conditions as the commissioner may prescribe, 19 |
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| 50 | + | governing all sources of pollution in Connecticut within the 20 |
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| 51 | + | department's jurisdiction; (5) in accordance with constitutional 21 |
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| 52 | + | limitations, enter at all reasonable times, without liability, upon any 22 |
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| 53 | + | public or private property, except a private residence, for the purpose 23 |
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| 54 | + | of inspection and investigation to ascertain possible violations of any 24 |
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| 55 | + | statute, regulation, order or permit administered, adopted or issued by 25 |
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| 56 | + | the department and the owner, managing agent or occupant of any 26 |
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| 57 | + | such property shall permit such entry, and no action for trespass shall 27 |
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| 58 | + | lie against the commissioner for such entry, or the commissioner may 28 |
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| 59 | + | apply to any court having criminal jurisdiction for a warrant to inspect 29 |
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| 60 | + | such premises to determine compliance with any statute, regulation, 30 |
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| 61 | + | order or permit administered, adopted or enforced by the department, 31 |
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| 62 | + | provided any information relating to secret processes or methods of 32 |
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| 63 | + | manufacture or production ascertained by the commissioner during, or 33 |
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| 64 | + | as a result of, any inspection, investigation, hearing or otherwise shall 34 |
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| 65 | + | be kept confidential and shall not be disclosed except that, 35 |
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| 66 | + | notwithstanding the provisions of subdivision (5) of subsection (b) of 36 |
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| 67 | + | section 1-210, such information may be disclosed by the commissioner 37 |
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| 68 | + | to the United States Environmental Protection Agency and the Nuclear 38 |
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| 69 | + | Regulatory Commission pursuant to the federal Freedom of 39 |
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| 70 | + | Information Act of 1976, (5 USC 552) and regulations adopted 40 |
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| 71 | + | thereunder or, if such information is submitted after June 4, 1986, to 41 |
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| 72 | + | any person pursuant to the federal Clean Water Act (33 USC 1251 et 42 |
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| 73 | + | seq.); (6) undertake any studies, inquiries, surveys or analyses the 43 |
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| 74 | + | commissioner may deem relevant, through the personnel of the 44 |
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81 | | - | thereto is punishable as a criminal offense under section 53a-157b; (9) 50 |
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82 | | - | construct or repair or contract for the construction or repair of any [dam 51 |
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83 | | - | or flood and erosion control system] service road, trail, greenway, 52 |
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84 | | - | bridge, dam, flood prevention, climate resilience and erosion control 53 |
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85 | | - | system, as defined in section 25-85, or other civil or natural resource 54 |
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86 | | - | infrastructure under the department's control and management; [,] (10) 55 |
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87 | | - | make or contract for the making of any alteration, repair or addition to 56 |
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88 | | - | any other real asset under the department's control and management, 57 |
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89 | | - | including rented or leased premises, involving an expenditure of [five 58 |
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90 | | - | hundred thousand] one million dollars or less, [and,] provided, not later 59 |
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91 | | - | than July 1, 2028, and annually thereafter, the Commissioner of 60 |
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92 | | - | Administrative Services shall adjust such threshold expenditures by the 61 |
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93 | | - | percentage change in the Producer Price Index by Commodity; 62 |
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94 | | - | Construction (Partial) (WPU80), not seasonally adjusted, or its successor 63 |
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95 | | - | index, as calculated by the United States Department of Labor, over the 64 |
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96 | | - | preceding calendar year, rounded to the nearest multiple of one 65 |
---|
97 | | - | hundred dollars, and shall post such adjusted dollar amounts on the 66 |
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98 | | - | Internet web site of the Department of Administrative Services; (11) 67 |
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99 | | - | with prior approval of the Commissioner of Administrative Services, 68 |
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100 | | - | make or contract for the making of any alteration, repair or addition to 69 |
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101 | | - | such other real asset under the department's control and management 70 |
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102 | | - | involving an expenditure of more than [five hundred thousand] one 71 |
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103 | | - | million dollars but not more than [one] three million dollars, [; (10)] 72 |
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104 | | - | provided, not later than July 1, 2028, and annually thereafter, the 73 |
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105 | | - | Commissioner of Administrative Services shall adjust such threshold 74 |
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106 | | - | expenditures by the percentage change in the Producer Price Index by 75 |
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107 | | - | Commodity; Construction (Partial) (WPU80), not seasonally adjusted, 76 |
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108 | | - | or its successor index, as calculated by the United States Department of 77 |
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109 | | - | Labor, over the preceding calendar year, rounded to the nearest 78 |
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110 | | - | multiple of one hundred dollars, and shall post such adjusted dollar 79 |
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111 | | - | amounts on the Internet web site of the Department of Administrative 80 |
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112 | | - | Services; (12) in consultation with affected town and watershed 81 |
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113 | | - | organizations, enter into a lease agreement with a private entity owning 82 |
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114 | | - | a facility to allow the private entity to generate hydroelectricity 83 |
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115 | | - | provided the project meets the certification standards of the Low Impact 84 Raised Bill No. 1496 |
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| 83 | + | LCO No. 5248 3 of 20 |
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| 84 | + | |
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| 85 | + | printed on any form that any false statement made thereon or 49 |
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| 86 | + | pursuant thereto is punishable as a criminal offense under section 53a-50 |
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| 87 | + | 157b; (9) construct or repair or contract for the construction or repair of 51 |
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| 88 | + | any [dam or flood and erosion control system] service road, trail, 52 |
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| 89 | + | greenway, bridge, dam, flood prevention, climate resilience and 53 |
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| 90 | + | erosion control system, as defined in section 25-85, or other civil or 54 |
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| 91 | + | natural resource infrastructure under the department's control and 55 |
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| 92 | + | management; [,] (10) make or contract for the making of any alteration, 56 |
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| 93 | + | repair or addition to any other real asset under the department's 57 |
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| 94 | + | control and management, including rented or leased premises, 58 |
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| 95 | + | involving an expenditure of [five hundred thousand] one million 59 |
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| 96 | + | dollars or less, [and,] provided, not later than July 1, 2028, and 60 |
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| 97 | + | annually thereafter, the Commissioner of Administrative Services shall 61 |
---|
| 98 | + | adjust such threshold expenditures by the percentage change in the 62 |
---|
| 99 | + | Producer Price Index by Commodity; Construction (Partial) (WPU80), 63 |
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| 100 | + | not seasonally adjusted, or its successor index, as calculated by the 64 |
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| 101 | + | United State Department of Labor, over the preceding calendar year, 65 |
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| 102 | + | rounded to the nearest multiple of one hundred dollars, and shall post 66 |
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| 103 | + | such adjusted dollar amounts on the Internet web site of the 67 |
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| 104 | + | Department of Administrative Services; (11) with prior approval of the 68 |
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| 105 | + | Commissioner of Administrative Services, make or contract for the 69 |
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| 106 | + | making of any alteration, repair or addition to such other real asset 70 |
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| 107 | + | under the department's control and management involving an 71 |
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| 108 | + | expenditure of more than [five hundred thousand] one million dollars 72 |
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| 109 | + | but not more than [one] three million dollars, [; (10)] provided, not 73 |
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| 110 | + | later than July 1, 2028, and annually thereafter, the Commissioner of 74 |
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| 111 | + | Administrative Services shall adjust such threshold expenditures by 75 |
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| 112 | + | the percentage change in the Producer Price Index by Commodity; 76 |
---|
| 113 | + | Construction (Partial) (WPU80), not seasonally adjusted, or its 77 |
---|
| 114 | + | successor index, as calculated by the United State Department of 78 |
---|
| 115 | + | Labor, over the preceding calendar year, rounded to the nearest 79 |
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| 116 | + | multiple of one hundred dollars, and shall post such adjusted dollar 80 |
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| 117 | + | amounts on the Internet web site of the Department of Administrative 81 |
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| 118 | + | Services; (12) in consultation with affected town and watershed 82 |
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| 119 | + | Raised Bill No. 1496 |
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120 | | - | Hydropower Institute; [(11)] (13) by regulations adopted in accordance 85 |
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121 | | - | with the provisions of chapter 54, require the payment of a fee sufficient 86 |
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122 | | - | to cover the reasonable cost of the search, duplication and review of 87 |
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123 | | - | records requested under the Freedom of Information Act, as defined in 88 |
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124 | | - | section 1-200, and the reasonable cost of reviewing and acting upon an 89 |
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125 | | - | application for and monitoring compliance with the terms and 90 |
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126 | | - | conditions of any state or federal permit, license, registration, order, 91 |
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127 | | - | certificate or approval required pursuant to subsection (i) of section 22a-92 |
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128 | | - | 39, subsections (c) and (d) of section 22a-96, subsections (h), (i) and (k) 93 |
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129 | | - | of section 22a-424, and sections 22a-6d, 22a-32, 22a-134a, 22a-134e, 22a-94 |
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130 | | - | 135, 22a-148, 22a-150, 22a-174, 22a-208, 22a-208a, 22a-209, 22a-342, 22a-95 |
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131 | | - | 345, 22a-354i, 22a-361, 22a-363c, 22a-368, 22a-372, 22a-379, 22a-403, 22a-96 |
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132 | | - | 409, 22a-416, 22a-428 to 22a-432, inclusive, 22a-449 and 22a-454 to 22a-97 |
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133 | | - | 454c, inclusive, and Section 401 of the federal Clean Water Act, (33 USC 98 |
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134 | | - | 1341). Such costs may include, but are not limited to the costs of (A) 99 |
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135 | | - | public notice, (B) reviews, inspections and testing incidental to the 100 |
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136 | | - | issuance of and monitoring of compliance with such permits, licenses, 101 |
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137 | | - | orders, certificates and approvals, and (C) surveying and staking 102 |
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138 | | - | boundary lines. The applicant shall pay the fee established in 103 |
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139 | | - | accordance with the provisions of this section prior to the final decision 104 |
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140 | | - | of the commissioner on the application. The commissioner may 105 |
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141 | | - | postpone review of an application until receipt of the payment. Payment 106 |
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142 | | - | of a fee for monitoring compliance with the terms or conditions of a 107 |
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143 | | - | permit shall be at such time as the commissioner deems necessary and 108 |
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144 | | - | is required for an approval to remain valid; and [(12)] (14) by regulations 109 |
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145 | | - | adopted in accordance with the provisions of chapter 54, require the 110 |
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146 | | - | payment of a fee sufficient to cover the reasonable cost of responding to 111 |
---|
147 | | - | requests for information concerning the status of real estate with regard 112 |
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148 | | - | to compliance with environmental statutes, regulations, permits or 113 |
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149 | | - | orders. Such fee shall be paid by the person requesting such information 114 |
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150 | | - | at the time of the request. Funds not exceeding two hundred thousand 115 |
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151 | | - | dollars received by the commissioner pursuant to subsection (g) of 116 |
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152 | | - | section 22a-174, during the fiscal year ending June 30, 1985, shall be 117 |
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153 | | - | deposited in the General Fund and credited to the appropriations of the 118 |
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154 | | - | Department of Energy and Environmental Protection in accordance 119 Raised Bill No. 1496 |
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| 123 | + | LCO No. 5248 4 of 20 |
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| 124 | + | |
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| 125 | + | organizations, enter into a lease agreement with a private entity 83 |
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| 126 | + | owning a facility to allow the private entity to generate 84 |
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| 127 | + | hydroelectricity provided the project meets the certification standards 85 |
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| 128 | + | of the Low Impact Hydropower Institute; [(11)] (13) by regulations 86 |
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| 129 | + | adopted in accordance with the provisions of chapter 54, require the 87 |
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| 130 | + | payment of a fee sufficient to cover the reasonable cost of the search, 88 |
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| 131 | + | duplication and review of records requested under the Freedom of 89 |
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| 132 | + | Information Act, as defined in section 1-200, and the reasonable cost of 90 |
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| 133 | + | reviewing and acting upon an application for and monitoring 91 |
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| 134 | + | compliance with the terms and conditions of any state or federal 92 |
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| 135 | + | permit, license, registration, order, certificate or approval required 93 |
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| 136 | + | pursuant to subsection (i) of section 22a-39, subsections (c) and (d) of 94 |
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| 137 | + | section 22a-96, subsections (h), (i) and (k) of section 22a-424, and 95 |
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| 138 | + | sections 22a-6d, 22a-32, 22a-134a, 22a-134e, 22a-135, 22a-148, 22a-150, 96 |
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| 139 | + | 22a-174, 22a-208, 22a-208a, 22a-209, 22a-342, 22a-345, 22a-354i, 22a-361, 97 |
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| 140 | + | 22a-363c, 22a-368, 22a-372, 22a-379, 22a-403, 22a-409, 22a-416, 22a-428 98 |
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| 141 | + | to 22a-432, inclusive, 22a-449 and 22a-454 to 22a-454c, inclusive, and 99 |
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| 142 | + | Section 401 of the federal Clean Water Act, (33 USC 1341). Such costs 100 |
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| 143 | + | may include, but are not limited to the costs of (A) public notice, (B) 101 |
---|
| 144 | + | reviews, inspections and testing incidental to the issuance of and 102 |
---|
| 145 | + | monitoring of compliance with such permits, licenses, orders, 103 |
---|
| 146 | + | certificates and approvals, and (C) surveying and staking boundary 104 |
---|
| 147 | + | lines. The applicant shall pay the fee established in accordance with the 105 |
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| 148 | + | provisions of this section prior to the final decision of the 106 |
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| 149 | + | commissioner on the application. The commissioner may postpone 107 |
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| 150 | + | review of an application until receipt of the payment. Payment of a fee 108 |
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| 151 | + | for monitoring compliance with the terms or conditions of a permit 109 |
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| 152 | + | shall be at such time as the commissioner deems necessary and is 110 |
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| 153 | + | required for an approval to remain valid; and [(12)] (14) by regulations 111 |
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| 154 | + | adopted in accordance with the provisions of chapter 54, require the 112 |
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| 155 | + | payment of a fee sufficient to cover the reasonable cost of responding 113 |
---|
| 156 | + | to requests for information concerning the status of real estate with 114 |
---|
| 157 | + | regard to compliance with environmental statutes, regulations, permits 115 |
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| 158 | + | or orders. Such fee shall be paid by the person requesting such 116 |
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| 159 | + | Raised Bill No. 1496 |
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159 | | - | with the provisions of section 4-86, and such funds shall not lapse until 120 |
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160 | | - | June 30, 1986. In any action brought against any employee of the 121 |
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161 | | - | department acting within the scope of delegated authority in 122 |
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162 | | - | performing any of the above-listed duties, the employee shall be 123 |
---|
163 | | - | represented by the Attorney General. 124 |
---|
164 | | - | Sec. 2. Section 16a-101 of the general statutes is repealed and the 125 |
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165 | | - | following is substituted in lieu thereof (Effective from passage): 126 |
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166 | | - | As used in this chapter: 127 |
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167 | | - | (1) "Atomic energy" has the same meaning as provided in 42 USC 128 |
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168 | | - | 2014, as amended from time to time; 129 |
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169 | | - | (2) "By-product material" means each of the following: (A) Any 130 |
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170 | | - | radioactive material, other than special nuclear material, that is yielded 131 |
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171 | | - | in or made radioactive by exposure to radiation which is incidental to 132 |
---|
172 | | - | the process of producing or utilizing special nuclear material; (B) the 133 |
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173 | | - | tailings or wastes produced by the extraction or concentration of 134 |
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174 | | - | uranium or thorium from any ore processed primarily for its source 135 |
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175 | | - | material content, including discrete surface wastes resulting from 136 |
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176 | | - | uranium solution extraction processes but excluding any underground 137 |
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177 | | - | ore bodies depleted by such solution extraction processes; (C) any 138 |
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178 | | - | discrete source of radium-226 that is produced, extracted or converted 139 |
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179 | | - | after extraction for use for a commercial, medical or research activity; 140 |
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180 | | - | (D) any material that (i) was made radioactive by use of a particle 141 |
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181 | | - | accelerator, including by use of a fusion machine, and [that] (ii) if made 142 |
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182 | | - | radioactive by use of a particle accelerator that is not a fusion machine, 143 |
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183 | | - | is produced, extracted or converted after extraction for use for a 144 |
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184 | | - | commercial, medical or research activity; and (E) any discrete source of 145 |
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185 | | - | naturally occurring radioactive material, other than source material, 146 |
---|
186 | | - | that is extracted or converted after extraction for use in a commercial, 147 |
---|
187 | | - | medical or research activity, if the United States Nuclear Regulatory 148 |
---|
188 | | - | Commission determines that the source would pose a threat similar to 149 |
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189 | | - | the threat posed by a discrete source of radium-226 to the public health 150 |
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190 | | - | and safety; 151 Raised Bill No. 1496 |
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| 163 | + | LCO No. 5248 5 of 20 |
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| 164 | + | |
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| 165 | + | information at the time of the request. Funds not exceeding two 117 |
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| 166 | + | hundred thousand dollars received by the commissioner pursuant to 118 |
---|
| 167 | + | subsection (g) of section 22a-174, during the fiscal year ending June 30, 119 |
---|
| 168 | + | 1985, shall be deposited in the General Fund and credited to the 120 |
---|
| 169 | + | appropriations of the Department of Energy and Environmental 121 |
---|
| 170 | + | Protection in accordance with the provisions of section 4-86, and such 122 |
---|
| 171 | + | funds shall not lapse until June 30, 1986. In any action brought against 123 |
---|
| 172 | + | any employee of the department acting within the scope of delegated 124 |
---|
| 173 | + | authority in performing any of the above-listed duties, the employee 125 |
---|
| 174 | + | shall be represented by the Attorney General. 126 |
---|
| 175 | + | Sec. 2. Section 16a-101 of the general statutes is repealed and the 127 |
---|
| 176 | + | following is substituted in lieu thereof (Effective from passage): 128 |
---|
| 177 | + | As used in this chapter: 129 |
---|
| 178 | + | (1) "Atomic energy" has the same meaning as provided in 42 USC 130 |
---|
| 179 | + | 2014, as amended from time to time; 131 |
---|
| 180 | + | (2) "By-product material" means each of the following: (A) Any 132 |
---|
| 181 | + | radioactive material, other than special nuclear material, that is yielded 133 |
---|
| 182 | + | in or made radioactive by exposure to radiation which is incidental to 134 |
---|
| 183 | + | the process of producing or utilizing special nuclear material; (B) the 135 |
---|
| 184 | + | tailings or wastes produced by the extraction or concentration of 136 |
---|
| 185 | + | uranium or thorium from any ore processed primarily for its source 137 |
---|
| 186 | + | material content, including discrete surface wastes resulting from 138 |
---|
| 187 | + | uranium solution extraction processes but excluding any underground 139 |
---|
| 188 | + | ore bodies depleted by such solution extraction processes; (C) any 140 |
---|
| 189 | + | discrete source of radium-226 that is produced, extracted or converted 141 |
---|
| 190 | + | after extraction for use for a commercial, medical or research activity; 142 |
---|
| 191 | + | (D) any material that (i) was made radioactive by use of a particle 143 |
---|
| 192 | + | accelerator, including by use of a fusion machine, and [that] (ii) if 144 |
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| 193 | + | made radioactive by use of a particle accelerator that is not a fusion 145 |
---|
| 194 | + | machine, is produced, extracted or converted after extraction for use 146 |
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| 195 | + | for a commercial, medical or research activity; and (E) any discrete 147 |
---|
| 196 | + | Raised Bill No. 1496 |
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195 | | - | (3) "Production facility" has the same meaning as provided in 42 USC 152 |
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196 | | - | 2014, as amended from time to time; 153 |
---|
197 | | - | (4) "Special nuclear material" means: (A) Plutonium, uranium 233, 154 |
---|
198 | | - | uranium enriched in the isotope 233 or in the isotope 235, and any other 155 |
---|
199 | | - | material if the United States Nuclear Regulatory Commission 156 |
---|
200 | | - | determines the material to be such special nuclear material, but does not 157 |
---|
201 | | - | include source material; or (B) any material artificially enriched by any 158 |
---|
202 | | - | elements, isotopes or materials listed in subparagraph (A) of this 159 |
---|
203 | | - | subdivision not including source materials; 160 |
---|
204 | | - | (5) "Utilization facility" has the same meaning as provided in 42 USC 161 |
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205 | | - | 2014, as amended from time to time; 162 |
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206 | | - | (6) "Radioactive material" means any solid, liquid or gas that emits 163 |
---|
207 | | - | ionizing radiation spontaneously; 164 |
---|
208 | | - | (7) "Source material" means each of the following: (A) Uranium, 165 |
---|
209 | | - | thorium or any combination of said elements, in any physical or 166 |
---|
210 | | - | chemical form; (B) any other material if the United States Nuclear 167 |
---|
211 | | - | Regulatory Commission determines the material to be source material; 168 |
---|
212 | | - | and (C) ores that contain uranium, thorium or any combination of said 169 |
---|
213 | | - | elements in a concentration by weight of 0.05 per cent or more, or in 170 |
---|
214 | | - | such lower concentration if the United States Nuclear Regulatory 171 |
---|
215 | | - | Commission determines the material in such concentration to be source 172 |
---|
216 | | - | material; 173 |
---|
217 | | - | (8) "Naturally occurring radioactive material" means material that 174 |
---|
218 | | - | contains radionuclides that are naturally present in the environment in 175 |
---|
219 | | - | materials, including, but not limited to, rocks, soil, minerals, natural gas, 176 |
---|
220 | | - | petroleum and ground or surface water; 177 |
---|
221 | | - | (9) "Discrete source" means a radionuclide that was processed such 178 |
---|
222 | | - | that its concentration within a material was purposely increased for use 179 |
---|
223 | | - | for commercial, medical or research activities; and 180 |
---|
224 | | - | (10) "Fusion machine" has the same meaning as provided in 42 USC 181 Raised Bill No. 1496 |
---|
| 200 | + | LCO No. 5248 6 of 20 |
---|
| 201 | + | |
---|
| 202 | + | source of naturally occurring radioactive material, other than source 148 |
---|
| 203 | + | material, that is extracted or converted after extraction for use in a 149 |
---|
| 204 | + | commercial, medical or research activity, if the United States Nuclear 150 |
---|
| 205 | + | Regulatory Commission determines that the source would pose a 151 |
---|
| 206 | + | threat similar to the threat posed by a discrete source of radium-226 to 152 |
---|
| 207 | + | the public health and safety; 153 |
---|
| 208 | + | (3) "Production facility" has the same meaning as provided in 42 154 |
---|
| 209 | + | USC 2014, as amended from time to time; 155 |
---|
| 210 | + | (4) "Special nuclear material" means: (A) Plutonium, uranium 233, 156 |
---|
| 211 | + | uranium enriched in the isotope 233 or in the isotope 235, and any 157 |
---|
| 212 | + | other material if the United States Nuclear Regulatory Commission 158 |
---|
| 213 | + | determines the material to be such special nuclear material, but does 159 |
---|
| 214 | + | not include source material; or (B) any material artificially enriched by 160 |
---|
| 215 | + | any elements, isotopes or materials listed in subparagraph (A) of this 161 |
---|
| 216 | + | subdivision not including source materials; 162 |
---|
| 217 | + | (5) "Utilization facility" has the same meaning as provided in 42 163 |
---|
| 218 | + | USC 2014, as amended from time to time; 164 |
---|
| 219 | + | (6) "Radioactive material" means any solid, liquid or gas that emits 165 |
---|
| 220 | + | ionizing radiation spontaneously; 166 |
---|
| 221 | + | (7) "Source material" means each of the following: (A) Uranium, 167 |
---|
| 222 | + | thorium or any combination of said elements, in any physical or 168 |
---|
| 223 | + | chemical form; (B) any other material if the United States Nuclear 169 |
---|
| 224 | + | Regulatory Commission determines the material to be source material; 170 |
---|
| 225 | + | and (C) ores that contain uranium, thorium or any combination of said 171 |
---|
| 226 | + | elements in a concentration by weight of 0.05 per cent or more, or in 172 |
---|
| 227 | + | such lower concentration if the United States Nuclear Regulatory 173 |
---|
| 228 | + | Commission determines the material in such concentration to be 174 |
---|
| 229 | + | source material; 175 |
---|
| 230 | + | (8) "Naturally occurring radioactive material" means material that 176 |
---|
| 231 | + | contains radionuclides that are naturally present in the environment in 177 |
---|
| 232 | + | Raised Bill No. 1496 |
---|
229 | | - | 2014, as amended from time to time. 182 |
---|
230 | | - | Sec. 3. Section 22a-151 of the general statutes is repealed and the 183 |
---|
231 | | - | following is substituted in lieu thereof (Effective from passage): 184 |
---|
232 | | - | As used in sections 22a-151 to 22a-158, inclusive, as amended by this 185 |
---|
233 | | - | act: 186 |
---|
234 | | - | (1) "By-product material" means each of the following: (A) Any 187 |
---|
235 | | - | radioactive material, other than special nuclear material, that is yielded 188 |
---|
236 | | - | in or made radioactive by exposure to radiation which is incidental to 189 |
---|
237 | | - | the process of producing or utilizing special nuclear material; (B) the 190 |
---|
238 | | - | tailings or wastes produced by the extraction or concentration of 191 |
---|
239 | | - | uranium or thorium from any ore processed primarily for its source 192 |
---|
240 | | - | material content, including discrete surface wastes resulting from 193 |
---|
241 | | - | uranium solution extraction processes but excluding any underground 194 |
---|
242 | | - | ore bodies depleted by such solution extraction processes; (C) any 195 |
---|
243 | | - | discrete source of radium-226 that is produced, extracted or converted 196 |
---|
244 | | - | after extraction for use for a commercial, medical or research activity; 197 |
---|
245 | | - | (D) any material that (i) was made radioactive by use of a particle 198 |
---|
246 | | - | accelerator, including by use of a fusion machine, and [that] (ii) if made 199 |
---|
247 | | - | radioactive by use of an accelerator that is not a fusion machine, is 200 |
---|
248 | | - | produced, extracted or converted after extraction for use for a 201 |
---|
249 | | - | commercial, medical or research activity; and (E) any discrete source of 202 |
---|
250 | | - | naturally occurring radioactive material, other than source material, 203 |
---|
251 | | - | that is extracted or converted after extraction for use in a commercial, 204 |
---|
252 | | - | medical or research activity, if the United States Nuclear Regulatory 205 |
---|
253 | | - | Commission determines that the source would pose a threat similar to 206 |
---|
254 | | - | the threat posed by a discrete source of radium-226 to the public health 207 |
---|
255 | | - | and safety; 208 |
---|
256 | | - | (2) "Ionizing radiation" means gamma rays and x-rays, alpha and beta 209 |
---|
257 | | - | particles, high speed electrons, neutrons, protons and other nuclear 210 |
---|
258 | | - | particles, but not sound or radio waves, or visible, infrared or ultra 211 |
---|
259 | | - | violet light. The Commissioner of Energy and Environmental Protection 212 |
---|
260 | | - | shall be empowered to make regulations amending or modifying this 213 Raised Bill No. 1496 |
---|
| 236 | + | LCO No. 5248 7 of 20 |
---|
| 237 | + | |
---|
| 238 | + | materials, including, but not limited to, rocks, soil, minerals, natural 178 |
---|
| 239 | + | gas, petroleum and ground or surface water; 179 |
---|
| 240 | + | (9) "Discrete source" means a radionuclide that was processed such 180 |
---|
| 241 | + | that its concentration within a material was purposely increased for 181 |
---|
| 242 | + | use for commercial, medical or research activities; and 182 |
---|
| 243 | + | (10) "Fusion machine" has the same meaning as provided in 42 USC 183 |
---|
| 244 | + | 2014, as amended from time to time. 184 |
---|
| 245 | + | Sec. 3. Section 22a-151 of the general statutes is repealed and the 185 |
---|
| 246 | + | following is substituted in lieu thereof (Effective from passage): 186 |
---|
| 247 | + | As used in sections 22a-151 to 22a-158, inclusive, as amended by this 187 |
---|
| 248 | + | act: 188 |
---|
| 249 | + | (1) "By-product material" means each of the following: (A) Any 189 |
---|
| 250 | + | radioactive material, other than special nuclear material, that is yielded 190 |
---|
| 251 | + | in or made radioactive by exposure to radiation which is incidental to 191 |
---|
| 252 | + | the process of producing or utilizing special nuclear material; (B) the 192 |
---|
| 253 | + | tailings or wastes produced by the extraction or concentration of 193 |
---|
| 254 | + | uranium or thorium from any ore processed primarily for its source 194 |
---|
| 255 | + | material content, including discrete surface wastes resulting from 195 |
---|
| 256 | + | uranium solution extraction processes but excluding any underground 196 |
---|
| 257 | + | ore bodies depleted by such solution extraction processes; (C) any 197 |
---|
| 258 | + | discrete source of radium-226 that is produced, extracted or converted 198 |
---|
| 259 | + | after extraction for use for a commercial, medical or research activity; 199 |
---|
| 260 | + | (D) any material that (i) was made radioactive by use of a particle 200 |
---|
| 261 | + | accelerator, including by use of a fusion machine, and [that] (ii) if 201 |
---|
| 262 | + | made radioactive by use of an accelerator that is not a fusion machine 202 |
---|
| 263 | + | is produced, extracted or converted after extraction for use for a 203 |
---|
| 264 | + | commercial, medical or research activity; and (E) any discrete source of 204 |
---|
| 265 | + | naturally occurring radioactive material, other than source material, 205 |
---|
| 266 | + | that is extracted or converted after extraction for use in a commercial, 206 |
---|
| 267 | + | medical or research activity, if the United States Nuclear Regulatory 207 |
---|
| 268 | + | Commission determines that the source would pose a threat similar to 208 |
---|
| 269 | + | Raised Bill No. 1496 |
---|
265 | | - | definition; 214 |
---|
266 | | - | (3) "General license" means a license effective pursuant to regulations 215 |
---|
267 | | - | promulgated by the Commissioner of Energy and Environmental 216 |
---|
268 | | - | Protection without the filing of an application for, or issuance of a 217 |
---|
269 | | - | licensing document for, the transfer, transport, acquisition, ownership, 218 |
---|
270 | | - | possession or use of quantities of, or devices or equipment utilizing by-219 |
---|
271 | | - | product, source, special nuclear materials or other radioactive material 220 |
---|
272 | | - | occurring naturally or produced artificially; 221 |
---|
273 | | - | (4) "Specific license" means a license, issued after application, to use, 222 |
---|
274 | | - | manufacture, produce, transfer, transport, receive, acquire, own, or 223 |
---|
275 | | - | possess quantities of, or devices or equipment utilizing by-product, 224 |
---|
276 | | - | source, special nuclear materials or other radioactive material occurring 225 |
---|
277 | | - | naturally or produced artificially; 226 |
---|
278 | | - | (5) "Person" means any individual, corporation, limited liability 227 |
---|
279 | | - | company, partnership, firm, association, trust, estate, public or private 228 |
---|
280 | | - | institution, group, agency, other than any federal agency, political 229 |
---|
281 | | - | subdivision of this state, any other state or political subdivision or 230 |
---|
282 | | - | agency thereof, and any legal successor, representative, agent or agency 231 |
---|
283 | | - | of any of the foregoing, other than the United States Nuclear Regulatory 232 |
---|
284 | | - | Commission or any successor thereto, and other than agencies of the 233 |
---|
285 | | - | government of the United States licensed by the United States Nuclear 234 |
---|
286 | | - | Regulatory Commission or any successor thereto; 235 |
---|
287 | | - | (6) "Registration" means registration in conformance with the 236 |
---|
288 | | - | requirements of section 22a-148. The issuance of a specific license 237 |
---|
289 | | - | pursuant to sections 22a-151 to 22a-158, inclusive, as amended by this 238 |
---|
290 | | - | act, shall be deemed to satisfy fully any registration requirements set 239 |
---|
291 | | - | forth in said section; 240 |
---|
292 | | - | (7) "Source material" means each of the following: (A) Uranium, 241 |
---|
293 | | - | thorium or any combination of said elements, in any physical or 242 |
---|
294 | | - | chemical form; (B) any other material if the United States Nuclear 243 |
---|
295 | | - | Regulatory Commission determines the material to be source material; 244 |
---|
296 | | - | and (C) ores that contain uranium, thorium or any combination of said 245 Raised Bill No. 1496 |
---|
| 273 | + | LCO No. 5248 8 of 20 |
---|
| 274 | + | |
---|
| 275 | + | the threat posed by a discrete source of radium-226 to the public health 209 |
---|
| 276 | + | and safety; 210 |
---|
| 277 | + | (2) "Ionizing radiation" means gamma rays and x-rays, alpha and 211 |
---|
| 278 | + | beta particles, high speed electrons, neutrons, protons and other 212 |
---|
| 279 | + | nuclear particles, but not sound or radio waves, or visible, infrared or 213 |
---|
| 280 | + | ultra violet light. The Commissioner of Energy and Environmental 214 |
---|
| 281 | + | Protection shall be empowered to make regulations amending or 215 |
---|
| 282 | + | modifying this definition; 216 |
---|
| 283 | + | (3) "General license" means a license effective pursuant to 217 |
---|
| 284 | + | regulations promulgated by the Commissioner of Energy and 218 |
---|
| 285 | + | Environmental Protection without the filing of an application for, or 219 |
---|
| 286 | + | issuance of a licensing document for, the transfer, transport, 220 |
---|
| 287 | + | acquisition, ownership, possession or use of quantities of, or devices or 221 |
---|
| 288 | + | equipment utilizing by-product, source, special nuclear materials or 222 |
---|
| 289 | + | other radioactive material occurring naturally or produced artificially; 223 |
---|
| 290 | + | (4) "Specific license" means a license, issued after application, to use, 224 |
---|
| 291 | + | manufacture, produce, transfer, transport, receive, acquire, own, or 225 |
---|
| 292 | + | possess quantities of, or devices or equipment utilizing by-product, 226 |
---|
| 293 | + | source, special nuclear materials or other radioactive material 227 |
---|
| 294 | + | occurring naturally or produced artificially; 228 |
---|
| 295 | + | (5) "Person" means any individual, corporation, limited liability 229 |
---|
| 296 | + | company, partnership, firm, association, trust, estate, public or private 230 |
---|
| 297 | + | institution, group, agency, other than any federal agency, political 231 |
---|
| 298 | + | subdivision of this state, any other state or political subdivision or 232 |
---|
| 299 | + | agency thereof, and any legal successor, representative, agent or 233 |
---|
| 300 | + | agency of any of the foregoing, other than the United States Nuclear 234 |
---|
| 301 | + | Regulatory Commission or any successor thereto, and other than 235 |
---|
| 302 | + | agencies of the government of the United States licensed by the United 236 |
---|
| 303 | + | States Nuclear Regulatory Commission or any successor thereto; 237 |
---|
| 304 | + | (6) "Registration" means registration in conformance with the 238 |
---|
| 305 | + | requirements of section 22a-148. The issuance of a specific license 239 |
---|
| 306 | + | Raised Bill No. 1496 |
---|
301 | | - | elements in a concentration by weight of 0.05 per cent or more, or in 246 |
---|
302 | | - | such lower concentration if the United States Nuclear Regulatory 247 |
---|
303 | | - | Commission determines the material in such concentration to be source 248 |
---|
304 | | - | material; 249 |
---|
305 | | - | (8) "Special nuclear material" means: 250 |
---|
306 | | - | (A) Plutonium, uranium 233, uranium enriched in the isotope 233 or 251 |
---|
307 | | - | in the isotope 235 and any other material if the United States Nuclear 252 |
---|
308 | | - | Regulatory Commission determines the material to be such special 253 |
---|
309 | | - | nuclear material, but does not include source material; or (B) any 254 |
---|
310 | | - | material artificially enriched by any elements, isotopes or materials 255 |
---|
311 | | - | listed in subparagraph (A) of this subdivision not including source 256 |
---|
312 | | - | materials; 257 |
---|
313 | | - | (9) "Radioactive materials" means any solid, liquid or gas that emits 258 |
---|
314 | | - | ionizing radiation spontaneously; 259 |
---|
315 | | - | (10) "Commissioner" means the Commissioner of Energy and 260 |
---|
316 | | - | Environmental Protection or the commissioner's designee or agent; 261 |
---|
317 | | - | (11) "Naturally occurring radioactive material" means material that 262 |
---|
318 | | - | contains radionuclides that are naturally present in the environment in 263 |
---|
319 | | - | materials, including, but not limited to, rocks, soil, minerals, natural gas, 264 |
---|
320 | | - | petroleum and ground or surface water; 265 |
---|
321 | | - | (12) "Discrete source" means a radionuclide that was processed such 266 |
---|
322 | | - | that its concentration within a material was purposely increased for use 267 |
---|
323 | | - | for commercial, medical or research activities; 268 |
---|
324 | | - | (13) "Sources of ionizing radiation" means, collectively, radioactive 269 |
---|
325 | | - | materials and radiation generating equipment; and 270 |
---|
326 | | - | (14) "Fusion machine" has the same meaning as provided in 42 USC 271 |
---|
327 | | - | 2014, as amended from time to time. 272 |
---|
328 | | - | Sec. 4. Section 26-159a of the general statutes is repealed and the 273 |
---|
329 | | - | following is substituted in lieu thereof (Effective from passage): 274 Raised Bill No. 1496 |
---|
| 310 | + | LCO No. 5248 9 of 20 |
---|
| 311 | + | |
---|
| 312 | + | pursuant to sections 22a-151 to 22a-158, inclusive, as amended by this 240 |
---|
| 313 | + | act, shall be deemed to satisfy fully any registration requirements set 241 |
---|
| 314 | + | forth in said section; 242 |
---|
| 315 | + | (7) "Source material" means each of the following: (A) Uranium, 243 |
---|
| 316 | + | thorium or any combination of said elements, in any physical or 244 |
---|
| 317 | + | chemical form; (B) any other material if the United States Nuclear 245 |
---|
| 318 | + | Regulatory Commission determines the material to be source material; 246 |
---|
| 319 | + | and (C) ores that contain uranium, thorium or any combination of said 247 |
---|
| 320 | + | elements in a concentration by weight of 0.05 per cent or more, or in 248 |
---|
| 321 | + | such lower concentration if the United States Nuclear Regulatory 249 |
---|
| 322 | + | Commission determines the material in such concentration to be 250 |
---|
| 323 | + | source material; 251 |
---|
| 324 | + | (8) "Special nuclear material" means: 252 |
---|
| 325 | + | (A) Plutonium, uranium 233, uranium enriched in the isotope 233 or 253 |
---|
| 326 | + | in the isotope 235 and any other material if the United States Nuclear 254 |
---|
| 327 | + | Regulatory Commission determines the material to be such special 255 |
---|
| 328 | + | nuclear material, but does not include source material; or (B) any 256 |
---|
| 329 | + | material artificially enriched by any elements, isotopes or materials 257 |
---|
| 330 | + | listed in subparagraph (A) of this subdivision not including source 258 |
---|
| 331 | + | materials; 259 |
---|
| 332 | + | (9) "Radioactive materials" means any solid, liquid or gas that emits 260 |
---|
| 333 | + | ionizing radiation spontaneously; 261 |
---|
| 334 | + | (10) "Commissioner" means the Commissioner of Energy and 262 |
---|
| 335 | + | Environmental Protection or the commissioner's designee or agent; 263 |
---|
| 336 | + | (11) "Naturally occurring radioactive material" means material that 264 |
---|
| 337 | + | contains radionuclides that are naturally present in the environment in 265 |
---|
| 338 | + | materials, including, but not limited to, rocks, soil, minerals, natural 266 |
---|
| 339 | + | gas, petroleum and ground or surface water; 267 |
---|
| 340 | + | (12) "Discrete source" means a radionuclide that was processed such 268 |
---|
| 341 | + | Raised Bill No. 1496 |
---|
334 | | - | To establish and manage populations of marine and anadromous 275 |
---|
335 | | - | finfish and marine arthropods and to facilitate the establishment of 276 |
---|
336 | | - | unified coast-wide regulations in accordance with the provisions of 277 |
---|
337 | | - | fishery management plans developed pursuant to the Fishery 278 |
---|
338 | | - | Conservation and Management Act of 1976 (Public Law 94-265, as 279 |
---|
339 | | - | amended) or other regional fishery management authorities, the 280 |
---|
340 | | - | Commissioner of Energy and Environmental Protection may adopt 281 |
---|
341 | | - | regulations in accordance with the provisions of chapter 54 governing 282 |
---|
342 | | - | possession of such species, sport fishing and commercial fishing by 283 |
---|
343 | | - | persons fishing for such species in the waters of this state or landing 284 |
---|
344 | | - | such species in this state, regardless of where such species were taken. 285 |
---|
345 | | - | Such regulations may: (1) Establish the open and closed seasons; (2) 286 |
---|
346 | | - | establish hours, days or periods during the open season when fishing 287 |
---|
347 | | - | shall not be permitted in designated waters or areas for all or limited 288 |
---|
348 | | - | species by all or limited methods; (3) establish legal lengths; (4) prescribe 289 |
---|
349 | | - | the legal methods of sport fishing for all or limited species; (5) establish 290 |
---|
350 | | - | for sport fishing the daily creel limit, the season creel limit and the 291 |
---|
351 | | - | possession limit; (6) restrict sport fishing from boats and other floating 292 |
---|
352 | | - | devices and sport fishing from designated areas; (7) determine the 293 |
---|
353 | | - | species which may be taken by commercial fishing methods, provided 294 |
---|
354 | | - | striped bass, Atlantic salmon, other anadromous salmon, brown trout, 295 |
---|
355 | | - | rainbow trout and brook trout may only be taken by angling and, if 296 |
---|
356 | | - | taken in the waters of this state, shall not be sold, bartered, exchanged 297 |
---|
357 | | - | or offered for sale, barter or exchange; (8) prescribe the legal methods of 298 |
---|
358 | | - | commercial fishing; (9) determine the specifications, materials and 299 |
---|
359 | | - | dimensions of nets, seines, fykes, traps, pounds, trawls, trolling gear, 300 |
---|
360 | | - | long lines, set lines and other commercial fishing gear used in the waters 301 |
---|
361 | | - | of this state; (10) regulate the use and marking of commercial fishing 302 |
---|
362 | | - | gear, including boats used to conduct activities authorized pursuant to 303 |
---|
363 | | - | section 26-142a; (11) determine the number and size of finfish and 304 |
---|
364 | | - | marine arthropods which may be taken by commercial fishermen; (12) 305 |
---|
365 | | - | determine the total number and pounds of finfish and marine 306 |
---|
366 | | - | arthropods, by species, which may be taken by commercial fishing 307 |
---|
367 | | - | methods or for commercial purposes during a calendar year or lesser 308 |
---|
368 | | - | period; (13) prohibit the landing of protected species; (14) for a fishing 309 Raised Bill No. 1496 |
---|
| 345 | + | LCO No. 5248 10 of 20 |
---|
| 346 | + | |
---|
| 347 | + | that its concentration within a material was purposely increased for 269 |
---|
| 348 | + | use for commercial, medical or research activities; 270 |
---|
| 349 | + | (13) "Sources of ionizing radiation" means, collectively, radioactive 271 |
---|
| 350 | + | materials and radiation generating equipment; and 272 |
---|
| 351 | + | (14) "Fusion machine" has the same meaning as provided in 42 USC 273 |
---|
| 352 | + | 2014, as amended from time to time. 274 |
---|
| 353 | + | Sec. 4. Section 26-159a of the general statutes is repealed and the 275 |
---|
| 354 | + | following is substituted in lieu thereof (Effective from passage): 276 |
---|
| 355 | + | To establish and manage populations of marine and anadromous 277 |
---|
| 356 | + | finfish and marine arthropods and to facilitate the establishment of 278 |
---|
| 357 | + | unified coast-wide regulations in accordance with the provisions of 279 |
---|
| 358 | + | fishery management plans developed pursuant to the Fishery 280 |
---|
| 359 | + | Conservation and Management Act of 1976 (Public Law 94-265, as 281 |
---|
| 360 | + | amended) or other regional fishery management authorities, the 282 |
---|
| 361 | + | Commissioner of Energy and Environmental Protection may adopt 283 |
---|
| 362 | + | regulations in accordance with the provisions of chapter 54 governing 284 |
---|
| 363 | + | possession of such species, sport fishing and commercial fishing by 285 |
---|
| 364 | + | persons fishing for such species in the waters of this state or landing 286 |
---|
| 365 | + | such species in this state, regardless of where such species were taken. 287 |
---|
| 366 | + | Such regulations may: (1) Establish the open and closed seasons; (2) 288 |
---|
| 367 | + | establish hours, days or periods during the open season when fishing 289 |
---|
| 368 | + | shall not be permitted in designated waters or areas for all or limited 290 |
---|
| 369 | + | species by all or limited methods; (3) establish legal lengths; (4) 291 |
---|
| 370 | + | prescribe the legal methods of sport fishing for all or limited species; 292 |
---|
| 371 | + | (5) establish for sport fishing the daily creel limit, the season creel limit 293 |
---|
| 372 | + | and the possession limit; (6) restrict sport fishing from boats and other 294 |
---|
| 373 | + | floating devices and sport fishing from designated areas; (7) determine 295 |
---|
| 374 | + | the species which may be taken by commercial fishing methods, 296 |
---|
| 375 | + | provided striped bass, Atlantic salmon, other anadromous salmon, 297 |
---|
| 376 | + | brown trout, rainbow trout and brook trout may only be taken by 298 |
---|
| 377 | + | angling and, if taken in the waters of this state, shall not be sold, 299 |
---|
| 378 | + | Raised Bill No. 1496 |
---|
373 | | - | derby or tournament, require that such activity be registered and that 310 |
---|
374 | | - | an accurate report of all fish tagged, marked and taken, time spent on 311 |
---|
375 | | - | an area and any other data required by the commissioner for 312 |
---|
376 | | - | management purposes be returned within a specified period of time. 313 |
---|
377 | | - | Any person who violates any regulation concerning sport fishing 314 |
---|
378 | | - | adopted in accordance with the provisions of chapter 54 and this section 315 |
---|
379 | | - | shall have committed an infraction and may pay the fine by mail or 316 |
---|
380 | | - | plead not guilty under the provisions of section 51-164n. Any 317 |
---|
381 | | - | declaration related to interstate fishery management plans that is made 318 |
---|
382 | | - | pursuant to a regulation adopted pursuant to this section shall remain 319 |
---|
383 | | - | in effect until a new declaration is made or such regulation is amended. 320 |
---|
384 | | - | Sec. 5. Section 26-142b of the general statutes is repealed and the 321 |
---|
385 | | - | following is substituted in lieu thereof (Effective from passage): 322 |
---|
386 | | - | (a) For the purposes of this section, "active" with regard to a principal 323 |
---|
387 | | - | commercial fishing license, general commercial fishing license or 324 |
---|
388 | | - | commercial lobster pot fishing license means that the license has been 325 |
---|
389 | | - | renewed in the current year, and "temporary incapacitation" means a 326 |
---|
390 | | - | reported physical or mental illness or injury that will affect a person for 327 |
---|
391 | | - | a limited period of time. 328 |
---|
392 | | - | (b) Notwithstanding any other provision of law, the Commissioner 329 |
---|
393 | | - | of Energy and Environmental Protection may reissue an active principal 330 |
---|
394 | | - | commercial fishing license, general commercial fishing license or 331 |
---|
395 | | - | commercial lobster pot fishing license in the event the license holder is 332 |
---|
396 | | - | temporarily incapacitated and unable to operate a vessel or perform 333 |
---|
397 | | - | other necessary functions associated with commercial fishing or in the 334 |
---|
398 | | - | event a license holder is unable to conduct commercial fishing due to 335 |
---|
399 | | - | exigencies related to medical care of an immediate family member. The 336 |
---|
400 | | - | license holder shall submit a written request for such reissuance to the 337 |
---|
401 | | - | commissioner and include in such submission either a medical note 338 |
---|
402 | | - | from a treating practitioner that confirms such temporary incapacitation 339 |
---|
403 | | - | of the license holder, or a note from a treating practitioner of the 340 |
---|
404 | | - | immediate family member who requires medical care, as applicable. 341 |
---|
405 | | - | Such temporary license may only be issued to a member of such license 342 Raised Bill No. 1496 |
---|
| 382 | + | LCO No. 5248 11 of 20 |
---|
| 383 | + | |
---|
| 384 | + | bartered, exchanged or offered for sale, barter or exchange; (8) 300 |
---|
| 385 | + | prescribe the legal methods of commercial fishing; (9) determine the 301 |
---|
| 386 | + | specifications, materials and dimensions of nets, seines, fykes, traps, 302 |
---|
| 387 | + | pounds, trawls, trolling gear, long lines, set lines and other commercial 303 |
---|
| 388 | + | fishing gear used in the waters of this state; (10) regulate the use and 304 |
---|
| 389 | + | marking of commercial fishing gear, including boats used to conduct 305 |
---|
| 390 | + | activities authorized pursuant to section 26-142a; (11) determine the 306 |
---|
| 391 | + | number and size of finfish and marine arthropods which may be taken 307 |
---|
| 392 | + | by commercial fishermen; (12) determine the total number and pounds 308 |
---|
| 393 | + | of finfish and marine arthropods, by species, which may be taken by 309 |
---|
| 394 | + | commercial fishing methods or for commercial purposes during a 310 |
---|
| 395 | + | calendar year or lesser period; (13) prohibit the landing of protected 311 |
---|
| 396 | + | species; (14) for a fishing derby or tournament, require that such 312 |
---|
| 397 | + | activity be registered and that an accurate report of all fish tagged, 313 |
---|
| 398 | + | marked and taken, time spent on an area and any other data required 314 |
---|
| 399 | + | by the commissioner for management purposes be returned within a 315 |
---|
| 400 | + | specified period of time. Any person who violates any regulation 316 |
---|
| 401 | + | concerning sport fishing adopted in accordance with the provisions of 317 |
---|
| 402 | + | chapter 54 and this section shall have committed an infraction and may 318 |
---|
| 403 | + | pay the fine by mail or plead not guilty under the provisions of section 319 |
---|
| 404 | + | 51-164n. Any declaration related to interstate fishery management 320 |
---|
| 405 | + | plans that is made pursuant to a regulation adopted pursuant to this 321 |
---|
| 406 | + | section shall remain in effect until a new declaration is made or such 322 |
---|
| 407 | + | regulation is amended. 323 |
---|
| 408 | + | Sec. 5. Section 26-142b of the general statutes is repealed and the 324 |
---|
| 409 | + | following is substituted in lieu thereof (Effective from passage): 325 |
---|
| 410 | + | (a) For the purposes of this section, "active" with regard to a 326 |
---|
| 411 | + | principal commercial fishing license, general commercial fishing 327 |
---|
| 412 | + | license or commercial lobster pot fishing license means that the license 328 |
---|
| 413 | + | has been renewed in the current year, and "temporary incapacitation" 329 |
---|
| 414 | + | means a reported physical or mental illness or injury that will affect a 330 |
---|
| 415 | + | person for a limited period of time. 331 |
---|
| 416 | + | Raised Bill No. 1496 |
---|
410 | | - | holder's immediate family or to a member of such license holder's crew, 343 |
---|
411 | | - | as designated by such license holder, for the [duration of such license 344 |
---|
412 | | - | holder's incapacity or exigencies related to medical care of an immediate 345 |
---|
413 | | - | family member of such license holder] remainder of the calendar year 346 |
---|
414 | | - | in which the temporary license is issued. The license holder may renew 347 |
---|
415 | | - | such license and reapply for such a temporary transfer license in the 348 |
---|
416 | | - | event such temporary incapacity or need for medical care of an 349 |
---|
417 | | - | immediate family member continues. Such temporary license shall be 350 |
---|
418 | | - | subject to the provisions of section 26-142a. Landings during the period 351 |
---|
419 | | - | of such temporary license reissue may be used to satisfy the 352 |
---|
420 | | - | requirements for license transfer in subsection (c) of this section, 353 |
---|
421 | | - | provided the licensee met all such requirements for transfer at the time 354 |
---|
422 | | - | of such temporary reissue. 355 |
---|
423 | | - | (c) The commissioner may authorize the transfer of an active 356 |
---|
424 | | - | principal commercial fishing license, general commercial fishing license 357 |
---|
425 | | - | or commercial lobster pot fishing license, issued pursuant to subsection 358 |
---|
426 | | - | (f) of section 26-142a, provided: (1) For purposes of an active resident-359 |
---|
427 | | - | held principal or general commercial fishing license or commercial 360 |
---|
428 | | - | lobster pot fishing license: (A) The person receiving the license in such 361 |
---|
429 | | - | transfer is a resident of this state, and (B) the person transferring the 362 |
---|
430 | | - | license held the license and landed regulated species or owned a vessel 363 |
---|
431 | | - | that landed regulated species under the privilege of a quota-managed 364 |
---|
432 | | - | species endorsement associated with the license in at least five of the 365 |
---|
433 | | - | eight calendar years preceding the transfer request and such license-366 |
---|
434 | | - | specific landings were reported to the commissioner, pursuant to 367 |
---|
435 | | - | section 26-157b, for not less than thirty fishing days in each year, or (2) 368 |
---|
436 | | - | for purposes of an active nonresident-held principal or general 369 |
---|
437 | | - | commercial fishing license or commercial lobster pot fishing license: The 370 |
---|
438 | | - | person transferring the license held the license and landed regulated 371 |
---|
439 | | - | species or owned a vessel that landed regulated species under the 372 |
---|
440 | | - | privilege of a quota-managed species endorsement associated with the 373 |
---|
441 | | - | license in at least five of the eight calendar years preceding the transfer 374 |
---|
442 | | - | request and such landings were reported to the commissioner, pursuant 375 |
---|
443 | | - | to section 26-157b, for not less than thirty fishing days in each year. Such 376 Raised Bill No. 1496 |
---|
| 420 | + | LCO No. 5248 12 of 20 |
---|
| 421 | + | |
---|
| 422 | + | (b) Notwithstanding any other provision of law, the Commissioner 332 |
---|
| 423 | + | of Energy and Environmental Protection may reissue an active 333 |
---|
| 424 | + | principal commercial fishing license, general commercial fishing 334 |
---|
| 425 | + | license or commercial lobster pot fishing license in the event the license 335 |
---|
| 426 | + | holder is temporarily incapacitated and unable to operate a vessel or 336 |
---|
| 427 | + | perform other necessary functions associated with commercial fishing 337 |
---|
| 428 | + | or in the event a license holder is unable to conduct commercial fishing 338 |
---|
| 429 | + | due to exigencies related to medical care of an immediate family 339 |
---|
| 430 | + | member. The license holder shall submit a written request for such 340 |
---|
| 431 | + | reissuance to the commissioner and include in such submission either 341 |
---|
| 432 | + | a medical note from a treating practitioner that confirms such 342 |
---|
| 433 | + | temporary incapacitation of the license holder, or a note from a 343 |
---|
| 434 | + | treating practitioner of the immediate family member who requires 344 |
---|
| 435 | + | medical care, as applicable. Such temporary license may only be issued 345 |
---|
| 436 | + | to a member of such license holder's immediate family or to a member 346 |
---|
| 437 | + | of such license holder's crew, as designated by such license holder, for 347 |
---|
| 438 | + | the [duration of such license holder's incapacity or exigencies related 348 |
---|
| 439 | + | to medical care of an immediate family member of such license holder] 349 |
---|
| 440 | + | remainder of the calendar year in which the temporary license is 350 |
---|
| 441 | + | issued. The license holder may renew such license and reapply for 351 |
---|
| 442 | + | such a temporary transfer license in the event such temporary 352 |
---|
| 443 | + | incapacity or need for medical care of an immediate family member 353 |
---|
| 444 | + | continues. Such temporary license shall be subject to the provisions of 354 |
---|
| 445 | + | section 26-142a. Landings during the period of such temporary license 355 |
---|
| 446 | + | reissue may be used to satisfy the requirements for license transfer in 356 |
---|
| 447 | + | subsection (c) of this section, provided the licensee met all such 357 |
---|
| 448 | + | requirements for transfer at the time of such temporary reissue. 358 |
---|
| 449 | + | (c) The commissioner may authorize the transfer of an active 359 |
---|
| 450 | + | principal commercial fishing license, general commercial fishing 360 |
---|
| 451 | + | license or commercial lobster pot fishing license, issued pursuant to 361 |
---|
| 452 | + | subsection (f) of section 26-142a, provided: (1) For purposes of an 362 |
---|
| 453 | + | active resident-held principal or general commercial fishing license or 363 |
---|
| 454 | + | commercial lobster pot fishing license: (A) The person receiving the 364 |
---|
| 455 | + | Raised Bill No. 1496 |
---|
448 | | - | license-specific landings shall be verified by seafood dealer reports 377 |
---|
449 | | - | submitted pursuant to section 26-157b. The recipient of a transferred 378 |
---|
450 | | - | commercial lobster pot fishing license or principal commercial fishing 379 |
---|
451 | | - | license shall be limited to the number of lobster pots allocated to such 380 |
---|
452 | | - | license, except a transferee who currently holds a commercial lobster pot 381 |
---|
453 | | - | fishing license, issued pursuant to subsection (f) of section 26-142a, shall 382 |
---|
454 | | - | be limited to the number of pots allocated to such person's currently 383 |
---|
455 | | - | held commercial lobster pot fishing license or principal commercial 384 |
---|
456 | | - | fishing license or to the transferred license, whichever is greater. The 385 |
---|
457 | | - | length of any commercial fishing vessel used by the recipient of a 386 |
---|
458 | | - | transferred license to fish with a trawl net in the waters of this state shall 387 |
---|
459 | | - | be not more than twenty per cent greater than the length of the largest 388 |
---|
460 | | - | vessel used by the person transferring the license during such qualifying 389 |
---|
461 | | - | period. 390 |
---|
462 | | - | (d) (1) In the event of the death of the holder of an active principal 391 |
---|
463 | | - | commercial fishing license, general commercial fishing license or 392 |
---|
464 | | - | commercial lobster pot fishing license, the commissioner may authorize 393 |
---|
465 | | - | the transfer of such license pursuant to subsection (c) of this section, for 394 |
---|
466 | | - | a period of two years from the date of death of such license holder. 395 |
---|
467 | | - | (2) If the deceased license holder held such license for a period of less 396 |
---|
468 | | - | than five complete calendar years, the commissioner may authorize the 397 |
---|
469 | | - | transfer of such license (A) subject to the provisions of this section, and 398 |
---|
470 | | - | (B) provided the deceased license holder landed regulated species or 399 |
---|
471 | | - | owned a vessel that landed regulated species under the privilege of a 400 |
---|
472 | | - | quota-managed species endorsement associated with the license in each 401 |
---|
473 | | - | calendar year during which the deceased license holder held the license 402 |
---|
474 | | - | for six months or longer, and (C) provided such landings were reported 403 |
---|
475 | | - | to the commissioner by the deceased license holder, pursuant to section 404 |
---|
476 | | - | 26-157b, for not less than thirty fishing days in each year. 405 |
---|
477 | | - | (e) Upon transfer of a license, the original license holder shall become 406 |
---|
478 | | - | ineligible to obtain a renewal of that license. Such original license holder 407 |
---|
479 | | - | may acquire a new license through a subsequent license transfer. 408 Raised Bill No. 1496 |
---|
| 459 | + | LCO No. 5248 13 of 20 |
---|
| 460 | + | |
---|
| 461 | + | license in such transfer is a resident of this state, and (B) the person 365 |
---|
| 462 | + | transferring the license held the license and landed regulated species 366 |
---|
| 463 | + | or owned a vessel that landed regulated species under the privilege of 367 |
---|
| 464 | + | a quota-managed species endorsement associated with the license in at 368 |
---|
| 465 | + | least five of the eight calendar years preceding the transfer request and 369 |
---|
| 466 | + | such license specific landings were reported to the commissioner, 370 |
---|
| 467 | + | pursuant to section 26-157b, for not less than thirty fishing days in each 371 |
---|
| 468 | + | year, or (2) for purposes of an active nonresident-held principal or 372 |
---|
| 469 | + | general commercial fishing license or commercial lobster pot fishing 373 |
---|
| 470 | + | license: The person transferring the license held the license and landed 374 |
---|
| 471 | + | regulated species or owned a vessel that landed regulated species 375 |
---|
| 472 | + | under the privilege of a quota-managed species endorsement 376 |
---|
| 473 | + | associated with the license in at least five of the eight calendar years 377 |
---|
| 474 | + | preceding the transfer request and such landings were reported to the 378 |
---|
| 475 | + | commissioner, pursuant to section 26-157b, for not less than thirty 379 |
---|
| 476 | + | fishing days in each year. Such license specific landings shall be 380 |
---|
| 477 | + | verified by seafood dealer reports submitted pursuant to section 26-381 |
---|
| 478 | + | 157b. The recipient of a transferred commercial lobster pot fishing 382 |
---|
| 479 | + | license or principal commercial fishing license shall be limited to the 383 |
---|
| 480 | + | number of lobster pots allocated to such license, except a transferee 384 |
---|
| 481 | + | who currently holds a commercial lobster pot fishing license, issued 385 |
---|
| 482 | + | pursuant to subsection (f) of section 26-142a, shall be limited to the 386 |
---|
| 483 | + | number of pots allocated to such person's currently held commercial 387 |
---|
| 484 | + | lobster pot fishing license or principal commercial fishing license or to 388 |
---|
| 485 | + | the transferred license, whichever is greater. The length of any 389 |
---|
| 486 | + | commercial fishing vessel used by the recipient of a transferred license 390 |
---|
| 487 | + | to fish with a trawl net in the waters of this state shall be not more than 391 |
---|
| 488 | + | twenty per cent greater than the length of the largest vessel used by the 392 |
---|
| 489 | + | person transferring the license during such qualifying period. 393 |
---|
| 490 | + | (d) (1) In the event of the death of the holder of an active principal 394 |
---|
| 491 | + | commercial fishing license, general commercial fishing license or 395 |
---|
| 492 | + | commercial lobster pot fishing license, the commissioner may 396 |
---|
| 493 | + | authorize the transfer of such license pursuant to subsection (c) of this 397 |
---|
| 494 | + | Raised Bill No. 1496 |
---|
484 | | - | (f) A transfer of a license under this section shall not be made while a 409 |
---|
485 | | - | commercial fishery license, registration or vessel permit held by the 410 |
---|
486 | | - | transferor or transferee is under suspension and a transfer shall not be 411 |
---|
487 | | - | authorized for any transferee who has had a commercial fishery license, 412 |
---|
488 | | - | registration or vessel permit revoked or suspended within the preceding 413 |
---|
489 | | - | twelve months. 414 |
---|
490 | | - | Sec. 6. Subsection (d) of section 22a-202 of the general statutes is 415 |
---|
491 | | - | repealed and the following is substituted in lieu thereof (Effective from 416 |
---|
492 | | - | passage): 417 |
---|
493 | | - | (d) On and after July 1, 2022, the Commissioner of Energy and 418 |
---|
494 | | - | Environmental Protection shall establish and administer a program to 419 |
---|
495 | | - | provide rebates or vouchers to residents, municipalities, businesses, 420 |
---|
496 | | - | nonprofit organizations and tribal entities located in this state when 421 |
---|
497 | | - | such residents, municipalities, businesses, organizations or tribal 422 |
---|
498 | | - | entities purchase or lease a new or used battery electric vehicle, plug-in 423 |
---|
499 | | - | hybrid electric vehicle or fuel cell electric vehicle. The commissioner, in 424 |
---|
500 | | - | consultation with the advisory board, shall establish and revise, as 425 |
---|
501 | | - | necessary, appropriate rebate levels, voucher amounts and maximum 426 |
---|
502 | | - | income eligibility for [such] prioritized rebates or vouchers. The 427 |
---|
503 | | - | commissioner shall prioritize the granting of rebates or vouchers to 428 |
---|
504 | | - | residents [of environmental justice communities, residents having] (1) 429 |
---|
505 | | - | with household incomes at or below three hundred per cent of the 430 |
---|
506 | | - | federal poverty level, [and residents] or (2) who participate in state and 431 |
---|
507 | | - | federal assistance programs, including, but not limited to, the state-432 |
---|
508 | | - | administered federal Supplemental Nutrition Assistance Program, 433 |
---|
509 | | - | state-administered federal Low Income Home Energy Assistance 434 |
---|
510 | | - | Program, a Head Start program established pursuant to section 10-16n 435 |
---|
511 | | - | or assistance provided by Operation Fuel, Incorporated. Any such 436 |
---|
512 | | - | rebate or voucher awarded to [a resident of an environmental justice 437 |
---|
513 | | - | community] income-qualified residents shall be in an amount not less 438 |
---|
514 | | - | than two hundred per cent [more than] of the standard rebate level or 439 |
---|
515 | | - | voucher amount. After prioritizing income-qualified residents, the 440 |
---|
516 | | - | commissioner may prioritize the granting of rebates or vouchers to 441 |
---|
517 | | - | residents of environmental justice communities provided such vouchers 442 Raised Bill No. 1496 |
---|
| 498 | + | LCO No. 5248 14 of 20 |
---|
| 499 | + | |
---|
| 500 | + | section, for a period of two years from the date of death of such license 398 |
---|
| 501 | + | holder. 399 |
---|
| 502 | + | (2) If the deceased license holder held such license for a period of 400 |
---|
| 503 | + | less than five complete calendar years, the commissioner may 401 |
---|
| 504 | + | authorize the transfer of such license (A) subject to the provisions of 402 |
---|
| 505 | + | this section, and (B) provided the deceased license holder landed 403 |
---|
| 506 | + | regulated species or owned a vessel that landed regulated species 404 |
---|
| 507 | + | under the privilege of a quota-managed species endorsement 405 |
---|
| 508 | + | associated with the license in each calendar year during which the 406 |
---|
| 509 | + | deceased license holder held the license for six months or longer, and 407 |
---|
| 510 | + | (C) provided such landings were reported to the commissioner by the 408 |
---|
| 511 | + | deceased license holder, pursuant to section 26-157b, for not less than 409 |
---|
| 512 | + | thirty fishing days in each year. 410 |
---|
| 513 | + | (e) Upon transfer of a license, the original license holder shall 411 |
---|
| 514 | + | become ineligible to obtain a renewal of that license. Such original 412 |
---|
| 515 | + | license holder may acquire a new license through a subsequent license 413 |
---|
| 516 | + | transfer. 414 |
---|
| 517 | + | (f) A transfer of a license under this section shall not be made while 415 |
---|
| 518 | + | a commercial fishery license, registration or vessel permit held by the 416 |
---|
| 519 | + | transferor or transferee is under suspension and a transfer shall not be 417 |
---|
| 520 | + | authorized for any transferee who has had a commercial fishery 418 |
---|
| 521 | + | license, registration or vessel permit revoked or suspended within the 419 |
---|
| 522 | + | preceding twelve months. 420 |
---|
| 523 | + | Sec. 6. Subsection (d) of section 22a-202 of the general statutes is 421 |
---|
| 524 | + | repealed and the following is substituted in lieu thereof (Effective from 422 |
---|
| 525 | + | passage): 423 |
---|
| 526 | + | (d) On and after July 1, 2022, the Commissioner of Energy and 424 |
---|
| 527 | + | Environmental Protection shall establish and administer a program to 425 |
---|
| 528 | + | provide rebates or vouchers to residents, municipalities, businesses, 426 |
---|
| 529 | + | nonprofit organizations and tribal entities located in this state when 427 |
---|
| 530 | + | such residents, municipalities, businesses, organizations or tribal 428 |
---|
| 531 | + | Raised Bill No. 1496 |
---|
522 | | - | or rebates shall be at a level lower than that provided to income-443 |
---|
523 | | - | qualified residents. An eligible municipality, business, nonprofit 444 |
---|
524 | | - | organization or tribal entity may receive not more than ten rebates or 445 |
---|
525 | | - | vouchers a year, within available funds, and not more than a total of 446 |
---|
526 | | - | twenty rebates or vouchers, except the commissioner may issue 447 |
---|
527 | | - | additional rebates or vouchers to an eligible business or nonprofit 448 |
---|
528 | | - | organization that operates a fleet of motor vehicles exclusively in an 449 |
---|
529 | | - | environmental justice community. On and after July 1, 2022, and until 450 |
---|
530 | | - | June 30, 2027, inclusive, a battery electric vehicle, plug-in hybrid electric 451 |
---|
531 | | - | vehicle or fuel cell electric vehicle that is eligible for a rebate or voucher 452 |
---|
532 | | - | under the program shall have a base manufacturer's suggested retail 453 |
---|
533 | | - | price of not more than fifty thousand dollars. 454 |
---|
534 | | - | Sec. 7. Section 23-5c of the general statutes is repealed and the 455 |
---|
535 | | - | following is substituted in lieu thereof (Effective from passage): 456 |
---|
536 | | - | The commissioner shall establish a system of natural area preserves 457 |
---|
537 | | - | and shall have responsibility for selection, care, control, supervision and 458 |
---|
538 | | - | management of all natural area preserves within the system to the extent 459 |
---|
539 | | - | of the interest held by the state, and shall maintain such preserves in as 460 |
---|
540 | | - | natural and wild a state as is consistent with the preservation and 461 |
---|
541 | | - | enhancement of protected resources and educational, scientific, 462 |
---|
542 | | - | biological, geological, paleontological and scenic purposes. In 463 |
---|
543 | | - | establishing such system, the commissioner shall consider as a priority 464 |
---|
544 | | - | the acquisition of areas identified as essential habitats of endangered 465 |
---|
545 | | - | and threatened species pursuant to the program established under 466 |
---|
546 | | - | section 26-305. The commissioner, alone or in cooperation with 467 |
---|
547 | | - | individuals or other public bodies, including the federal government, 468 |
---|
548 | | - | may conduct inventories of areas within the state that may prove 469 |
---|
549 | | - | worthy of inclusion within a system of natural area preserves, and may 470 |
---|
550 | | - | gather and disseminate information concerning inventoried areas, or 471 |
---|
551 | | - | natural area preserves under his control. Information collected in such 472 |
---|
552 | | - | inventories shall become part of the natural diversity database of the 473 |
---|
553 | | - | Department of Energy and Environmental Protection. The 474 |
---|
554 | | - | commissioner shall ensure the use of natural area preserves for research 475 |
---|
555 | | - | consistent with purposes of sections 23-5a to 23-53, inclusive. [, and 476 Raised Bill No. 1496 |
---|
| 535 | + | LCO No. 5248 15 of 20 |
---|
| 536 | + | |
---|
| 537 | + | entities purchase or lease a new or used battery electric vehicle, plug-in 429 |
---|
| 538 | + | hybrid electric vehicle or fuel cell electric vehicle. The commissioner, in 430 |
---|
| 539 | + | consultation with the advisory board, shall establish and revise, as 431 |
---|
| 540 | + | necessary, appropriate rebate levels, voucher amounts and maximum 432 |
---|
| 541 | + | income eligibility for [such] prioritized rebates or vouchers. The 433 |
---|
| 542 | + | commissioner shall prioritize the granting of rebates or vouchers to 434 |
---|
| 543 | + | residents [of environmental justice communities, residents having] (1) 435 |
---|
| 544 | + | with household incomes at or below three hundred per cent of the 436 |
---|
| 545 | + | federal poverty level, [and residents] or (2) who participate in state and 437 |
---|
| 546 | + | federal assistance programs, including, but not limited to, the state-438 |
---|
| 547 | + | administered federal Supplemental Nutrition Assistance Program, 439 |
---|
| 548 | + | state-administered federal Low Income Home Energy Assistance 440 |
---|
| 549 | + | Program, a Head Start program established pursuant to section 10-16n 441 |
---|
| 550 | + | or assistance provided by Operation Fuel, Incorporated. Any such 442 |
---|
| 551 | + | rebate or voucher awarded to [a resident of an environmental justice 443 |
---|
| 552 | + | community] income-qualified residents shall be in an amount not less 444 |
---|
| 553 | + | than two hundred per cent [more than] of the standard rebate level or 445 |
---|
| 554 | + | voucher amount. After prioritizing income-qualified residents, the 446 |
---|
| 555 | + | commissioner may prioritize the granting of rebates or vouchers to 447 |
---|
| 556 | + | residents of environmental justice communities provided such 448 |
---|
| 557 | + | vouchers or rebates shall be at a level lower than that provided to 449 |
---|
| 558 | + | income-qualified residents. An eligible municipality, business, 450 |
---|
| 559 | + | nonprofit organization or tribal entity may receive not more than ten 451 |
---|
| 560 | + | rebates or vouchers a year, within available funds, and not more than a 452 |
---|
| 561 | + | total of twenty rebates or vouchers, except the commissioner may issue 453 |
---|
| 562 | + | additional rebates or vouchers to an eligible business or nonprofit 454 |
---|
| 563 | + | organization that operates a fleet of motor vehicles exclusively in an 455 |
---|
| 564 | + | environmental justice community. On and after July 1, 2022, and until 456 |
---|
| 565 | + | June 30, 2027, inclusive, a battery electric vehicle, plug-in hybrid 457 |
---|
| 566 | + | electric vehicle or fuel cell electric vehicle that is eligible for a rebate or 458 |
---|
| 567 | + | voucher under the program shall have a base manufacturer's 459 |
---|
| 568 | + | suggested retail price of not more than fifty thousand dollars. 460 |
---|
| 569 | + | Sec. 7. Section 23-5c of the general statutes is repealed and the 461 |
---|
| 570 | + | Raised Bill No. 1496 |
---|
560 | | - | 26-314.] The commissioner may adopt regulations under the provisions 477 |
---|
561 | | - | of section 23-4 for managing the natural area preserves system 478 |
---|
562 | | - | including, but not limited to, procedures for the adoption and revision 479 |
---|
563 | | - | of a management plan for each designated natural area preserve. A 480 |
---|
564 | | - | management plan may permit recreational activities which do not 481 |
---|
565 | | - | adversely impact the protected resources of the natural area preserve. 482 |
---|
566 | | - | The commissioner may use funds available under section 23-79 for the 483 |
---|
567 | | - | development and implementation of such management plans. 484 |
---|
568 | | - | Sec. 8. Subsection (b) of section 32-1s of the general statutes is 485 |
---|
569 | | - | repealed and the following is substituted in lieu thereof (Effective from 486 |
---|
570 | | - | passage): 487 |
---|
571 | | - | (b) Any order or regulation of the Connecticut Commission on 488 |
---|
572 | | - | Culture and Tourism, which is in force on July 1, 2011, shall continue in 489 |
---|
573 | | - | force and effect as an order or regulation of the Department of Economic 490 |
---|
574 | | - | and Community Development until amended, repealed or superseded 491 |
---|
575 | | - | pursuant to law. Where any order or regulation of said commission or 492 |
---|
576 | | - | said department conflicts, the Commissioner of Economic and 493 |
---|
577 | | - | Community Development may implement policies and procedures 494 |
---|
578 | | - | consistent with the provisions of this section and sections 3-110f, 3-110h, 495 |
---|
579 | | - | 3-110i, 4-9a, 4-66aa, 4-89, 4b-53, 4b-60, 4b-64, 4b-66a, 5-198, 7-147a, 7-496 |
---|
580 | | - | 147b, 7-147c, 7-147j, 7-147p, 7-147q, 7-147y, 8-37lll, 10-382, 10-384, 10-385, 497 |
---|
581 | | - | 10-386, 10-387, 10-388, 10-389, 10-391, 10-392, 10-394, 10-395, 10-396, 10-498 |
---|
582 | | - | 397, 10-397a, 10-399, 10-400, 10-401, 10-402, 10-403, 10-404, 10-405, 10-499 |
---|
583 | | - | 406, 10-408, 10-409, 10-410, 10-411, 10-412, 10-413, 10-414, 10-415, 10-416, 500 |
---|
584 | | - | 10-416a, 10-416b, 10a-111a, 10a-112, 10a-112b, 10a-112g, 11-6a, 12-376d, 501 |
---|
585 | | - | 13a-252, 19a-315b, 19a-315c, 22a-1d, 22a-19b, [22a-27s,] 29-259, 32-11a 502 |
---|
586 | | - | and 32-35 while in the process of adopting the policy or procedure in 503 |
---|
587 | | - | regulation form, provided notice of intention to adopt regulations is 504 |
---|
588 | | - | printed in the Connecticut Law Journal not later than twenty days after 505 |
---|
589 | | - | implementation. The policy or procedure shall be valid until the time 506 |
---|
590 | | - | final regulations are effective. 507 |
---|
591 | | - | Sec. 9. Subsection (b) of section 22a-208i of the general statutes is 508 |
---|
592 | | - | repealed and the following is substituted in lieu thereof (Effective from 509 Raised Bill No. 1496 |
---|
| 574 | + | LCO No. 5248 16 of 20 |
---|
| 575 | + | |
---|
| 576 | + | following is substituted in lieu thereof (Effective from passage): 462 |
---|
| 577 | + | The commissioner shall establish a system of natural area preserves 463 |
---|
| 578 | + | and shall have responsibility for selection, care, control, supervision 464 |
---|
| 579 | + | and management of all natural area preserves within the system to the 465 |
---|
| 580 | + | extent of the interest held by the state, and shall maintain such 466 |
---|
| 581 | + | preserves in as natural and wild a state as is consistent with the 467 |
---|
| 582 | + | preservation and enhancement of protected resources and educational, 468 |
---|
| 583 | + | scientific, biological, geological, paleontological and scenic purposes. 469 |
---|
| 584 | + | In establishing such system, the commissioner shall consider as a 470 |
---|
| 585 | + | priority the acquisition of areas identified as essential habitats of 471 |
---|
| 586 | + | endangered and threatened species pursuant to the program 472 |
---|
| 587 | + | established under section 26-305. The commissioner, alone or in 473 |
---|
| 588 | + | cooperation with individuals or other public bodies, including the 474 |
---|
| 589 | + | federal government, may conduct inventories of areas within the state 475 |
---|
| 590 | + | that may prove worthy of inclusion within a system of natural area 476 |
---|
| 591 | + | preserves, and may gather and disseminate information concerning 477 |
---|
| 592 | + | inventoried areas, or natural area preserves under his control. 478 |
---|
| 593 | + | Information collected in such inventories shall become part of the 479 |
---|
| 594 | + | natural diversity database of the Department of Energy and 480 |
---|
| 595 | + | Environmental Protection. The commissioner shall ensure the use of 481 |
---|
| 596 | + | natural area preserves for research consistent with purposes of sections 482 |
---|
| 597 | + | 23-5a to 23-53, inclusive. [, and 26-314.] The commissioner may adopt 483 |
---|
| 598 | + | regulations under the provisions of section 23-4 for managing the 484 |
---|
| 599 | + | natural area preserves system including, but not limited to, procedures 485 |
---|
| 600 | + | for the adoption and revision of a management plan for each 486 |
---|
| 601 | + | designated natural area preserve. A management plan may permit 487 |
---|
| 602 | + | recreational activities which do not adversely impact the protected 488 |
---|
| 603 | + | resources of the natural area preserve. The commissioner may use 489 |
---|
| 604 | + | funds available under section 23-79 for the development and 490 |
---|
| 605 | + | implementation of such management plans. 491 |
---|
| 606 | + | Sec. 8. Subsection (b) of section 32-1s of the general statutes is 492 |
---|
| 607 | + | repealed and the following is substituted in lieu thereof (Effective from 493 |
---|
| 608 | + | passage): 494 |
---|
| 609 | + | Raised Bill No. 1496 |
---|
597 | | - | passage): 510 |
---|
598 | | - | (b) The commissioner may, by regulations adopted in accordance 511 |
---|
599 | | - | with chapter 54, exempt categories or classes of recycling facilities from 512 |
---|
600 | | - | the requirements of said section 22a-208a or 22a-430 provided such 513 |
---|
601 | | - | exemption would not adversely affect the environment and would 514 |
---|
602 | | - | advance the objectives of the solid waste management plan adopted and 515 |
---|
603 | | - | revised under sections 22a-228 and 22a-241a. [and the municipal solid 516 |
---|
604 | | - | waste recycling plan adopted under section 22a-241.] No person or 517 |
---|
605 | | - | municipality may operate or continue to operate a recycling facility 518 |
---|
606 | | - | without permits issued under said section 22a-208a or 22a-430 unless 519 |
---|
607 | | - | such person or municipality first files with the commissioner a written 520 |
---|
608 | | - | request for exemption under the regulations adopted under this section. 521 |
---|
609 | | - | Sec. 10. Subsection (c) of section 22a-241g of the general statutes is 522 |
---|
610 | | - | repealed and the following is substituted in lieu thereof (Effective from 523 |
---|
611 | | - | passage): 524 |
---|
612 | | - | (c) The provisions of this section shall not be construed to exempt a 525 |
---|
613 | | - | municipality from the requirements of sections [22a-241] 22a-241a to 526 |
---|
614 | | - | 22a-241b, inclusive, 22a-241e and 22a-241g, as amended by this act. 527 |
---|
615 | | - | Sec. 11. Section 22a-241h of the general statutes is repealed and the 528 |
---|
616 | | - | following is substituted in lieu thereof (Effective from passage): 529 |
---|
617 | | - | Notwithstanding the provisions of the recycling strategy of the state-530 |
---|
618 | | - | wide solid waste management plan adopted pursuant to section 22a-531 |
---|
619 | | - | 227, any single municipality, or any regional solid waste authority or 532 |
---|
620 | | - | regional solid waste operating committee comprised of at least five 533 |
---|
621 | | - | municipalities, may apply for and receive any funds made available by 534 |
---|
622 | | - | the Commissioner of Energy and Environmental Protection. [In making 535 |
---|
623 | | - | a grant under section 22a-241 to any such regional solid waste authority 536 |
---|
624 | | - | or regional solid waste operating committee, the commissioner shall 537 |
---|
625 | | - | develop a plan for the use of the grant in consultation with such 538 |
---|
626 | | - | authority or operating committee.] 539 |
---|
627 | | - | Sec. 12. Subsection (b) of section 22a-260a of the general statutes is 540 Raised Bill No. 1496 |
---|
| 613 | + | LCO No. 5248 17 of 20 |
---|
| 614 | + | |
---|
| 615 | + | (b) Any order or regulation of the Connecticut Commission on 495 |
---|
| 616 | + | Culture and Tourism, which is in force on July 1, 2011, shall continue 496 |
---|
| 617 | + | in force and effect as an order or regulation of the Department of 497 |
---|
| 618 | + | Economic and Community Development until amended, repealed or 498 |
---|
| 619 | + | superseded pursuant to law. Where any order or regulation of said 499 |
---|
| 620 | + | commission or said department conflicts, the Commissioner of 500 |
---|
| 621 | + | Economic and Community Development may implement policies and 501 |
---|
| 622 | + | procedures consistent with the provisions of this section and sections 502 |
---|
| 623 | + | 3-110f, 3-110h, 3-110i, 4-9a, 4-66aa, 4-89, 4b-53, 4b-60, 4b-64, 4b-66a, 5-503 |
---|
| 624 | + | 198, 7-147a, 7-147b, 7-147c, 7-147j, 7-147p, 7-147q, 7-147y, 8-37lll, 10-504 |
---|
| 625 | + | 382, 10-384, 10-385, 10-386, 10-387, 10-388, 10-389, 10-391, 10-392,10-394, 505 |
---|
| 626 | + | 10-395, 10-396, 10-397, 10-397a, 10-399, 10-400, 10-401, 10-402, 10-403, 506 |
---|
| 627 | + | 10-404, 10-405, 10-406, 10-408, 10-409, 10-410, 10-411, 10-412, 10-413, 10-507 |
---|
| 628 | + | 414, 10-415, 10-416, 10-416a, 10-416b,10a-111a, 10a-112, 10a-112b, 10a-508 |
---|
| 629 | + | 112g, 11-6a, 12-376d, 13a-252, 19a-315b, 19a-315c, 22a-1d, 22a-19b, [22a-509 |
---|
| 630 | + | 27s,] 29-259,32-11a and 32-35 while in the process of adopting the 510 |
---|
| 631 | + | policy or procedure in regulation form, provided notice of intention to 511 |
---|
| 632 | + | adopt regulations is printed in the Connecticut Law Journal not later 512 |
---|
| 633 | + | than twenty days after implementation. The policy or procedure shall 513 |
---|
| 634 | + | be valid until the time final regulations are effective. 514 |
---|
| 635 | + | Sec. 9. Subsection (b) of section 22a-208i of the general statutes is 515 |
---|
| 636 | + | repealed and the following is substituted in lieu thereof (Effective from 516 |
---|
| 637 | + | passage): 517 |
---|
| 638 | + | (b) The commissioner may, by regulations adopted in accordance 518 |
---|
| 639 | + | with chapter 54, exempt categories or classes of recycling facilities 519 |
---|
| 640 | + | from the requirements of said section 22a-208a or 22a-430 provided 520 |
---|
| 641 | + | such exemption would not adversely affect the environment and 521 |
---|
| 642 | + | would advance the objectives of the solid waste management plan 522 |
---|
| 643 | + | adopted and revised under sections 22a-228 and 22a-241a. [and the 523 |
---|
| 644 | + | municipal solid waste recycling plan adopted under section 22a-241.] 524 |
---|
| 645 | + | No person or municipality may operate or continue to operate a 525 |
---|
| 646 | + | recycling facility without permits issued under said section 22a-208a or 526 |
---|
| 647 | + | 22a-430 unless such person or municipality first files with the 527 |
---|
| 648 | + | Raised Bill No. 1496 |
---|
632 | | - | repealed and the following is substituted in lieu thereof (Effective from 541 |
---|
633 | | - | passage): 542 |
---|
634 | | - | (b) Wherever the words "Connecticut Resources Recovery Authority" 543 |
---|
635 | | - | are used in any public or special act of 2014 or in the following sections 544 |
---|
636 | | - | of the general statutes, the words "Materials Innovation and Recycling 545 |
---|
637 | | - | Authority" shall be substituted in lieu thereof: 1-79, 1-120, 1-124, 1-125, 546 |
---|
638 | | - | 7-329a, 12-412, 12-459, 16-1, 16-245, 16-245b, 22a-208a, 22a-208v, 22a-547 |
---|
639 | | - | 209h, 22a-219b, 22a-220, [22a-241,] 22a-260, 22a-261, 22a-263a, 22a-263b, 548 |
---|
640 | | - | 22a-268a, 22a-268b, 22a-270a, 22a-272a, 22a-282, 22a-283, 22a-284, 32-1e 549 |
---|
641 | | - | and 32-658. 550 |
---|
642 | | - | Sec. 13. Subsection (b) of section 22a-284a of the general statutes is 551 |
---|
643 | | - | repealed and the following is substituted in lieu thereof (Effective from 552 |
---|
644 | | - | passage): 553 |
---|
645 | | - | (b) Wherever the words "Materials Innovation and Recycling 554 |
---|
646 | | - | Authority" are used in any public or special act of 2023 or in the 555 |
---|
647 | | - | following sections, the words "MIRA Dissolution Authority" shall be 556 |
---|
648 | | - | substituted in lieu thereof: 1-79, 1-120, 1-124, 1-125, 7-329a, 12-412, 12-557 |
---|
649 | | - | 459, 16-1, 16-245, 16-245b, 22a-208a, 22a-208v, 22a-209h, 22a-219b, 22a-558 |
---|
650 | | - | 220, [22a-241,] 22a-260, 22a-263a, 22a-263b, 22a-268a, 22a-268b, 22a-268g, 559 |
---|
651 | | - | 22a-270a, 22a-272a, 22a-282, 22a-283, 22a-284, 32-1e and 32-658. 560 |
---|
652 | | - | Sec. 14. Sections 22a-27s, 22a-27t, 22a-241, 26-157f and 26-314 of the 561 |
---|
653 | | - | general statutes are repealed. (Effective from passage) 562 |
---|
| 652 | + | LCO No. 5248 18 of 20 |
---|
| 653 | + | |
---|
| 654 | + | commissioner a written request for exemption under the regulations 528 |
---|
| 655 | + | adopted under this section. 529 |
---|
| 656 | + | Sec. 10. Subsection (c) of section 22a-241g of the general statutes is 530 |
---|
| 657 | + | repealed and the following is substituted in lieu thereof (Effective from 531 |
---|
| 658 | + | passage): 532 |
---|
| 659 | + | (c) The provisions of this section shall not be construed to exempt a 533 |
---|
| 660 | + | municipality from the requirements of sections [22a-241] 22a-241a to 534 |
---|
| 661 | + | 22a-241b, inclusive, 22a-241e and 22a-241g, as amended by this act. 535 |
---|
| 662 | + | Sec. 11. Section 22a-241h of the general statutes is repealed and the 536 |
---|
| 663 | + | following is substituted in lieu thereof (Effective from passage): 537 |
---|
| 664 | + | Notwithstanding the provisions of the recycling strategy of the 538 |
---|
| 665 | + | state-wide solid waste management plan adopted pursuant to section 539 |
---|
| 666 | + | 22a-227, any single municipality, or any regional solid waste authority 540 |
---|
| 667 | + | or regional solid waste operating committee comprised of at least five 541 |
---|
| 668 | + | municipalities, may apply for and receive any funds made available by 542 |
---|
| 669 | + | the Commissioner of Energy and Environmental Protection. [In 543 |
---|
| 670 | + | making a grant under section 22a-241 to any such regional solid waste 544 |
---|
| 671 | + | authority or regional solid waste operating committee, the 545 |
---|
| 672 | + | commissioner shall develop a plan for the use of the grant in 546 |
---|
| 673 | + | consultation with such authority or operating committee.] 547 |
---|
| 674 | + | Sec. 12. Subsection (b) of section 22a-260a of the general statutes is 548 |
---|
| 675 | + | repealed and the following is substituted in lieu thereof (Effective from 549 |
---|
| 676 | + | passage): 550 |
---|
| 677 | + | (b) Wherever the words "Connecticut Resources Recovery 551 |
---|
| 678 | + | Authority" are used in any public or special act of 2014 or in the 552 |
---|
| 679 | + | following sections of the general statutes, the words "Materials 553 |
---|
| 680 | + | Innovation and Recycling Authority" shall be substituted in lieu 554 |
---|
| 681 | + | thereof: 1-79, 1-120, 1-124, 1-125, 7-329a, 12-412, 12-459, 16-1, 16-245, 16-555 |
---|
| 682 | + | 245b, 22a-208a, 22a-208v, 22a-209h, 22a-219b, 22a-220, [22a-241,] 22a-556 |
---|
| 683 | + | 260, 22a-261, 22a-263a, 22a-263b, 22a-268a, 22a-268b, 22a-270a, 22a-557 |
---|
| 684 | + | Raised Bill No. 1496 |
---|
| 685 | + | |
---|
| 686 | + | |
---|
| 687 | + | |
---|
| 688 | + | LCO No. 5248 19 of 20 |
---|
| 689 | + | |
---|
| 690 | + | 272a, 22a-282, 22a-283, 22a-284, 32-1e and 32-658. 558 |
---|
| 691 | + | Sec. 13. Subsection (b) of section 22a-284a of the general statutes is 559 |
---|
| 692 | + | repealed and the following is substituted in lieu thereof (Effective from 560 |
---|
| 693 | + | passage): 561 |
---|
| 694 | + | (b) Wherever the words "Materials Innovation and Recycling 562 |
---|
| 695 | + | Authority" are used in any public or special act of 2023 or in the 563 |
---|
| 696 | + | following sections, the words "MIRA Dissolution Authority" shall be 564 |
---|
| 697 | + | substituted in lieu thereof: 1-79, 1-120, 1-124, 1-125, 7-329a, 12-412, 12-565 |
---|
| 698 | + | 459, 16-1, 16-245, 16-245b, 22a-208a, 22a-208v, 22a-209h, 22a-219b, 22a-566 |
---|
| 699 | + | 220, [22a-241,] 22a-260, 22a-263a, 22a-263b, 22a-268a, 22a-268b, 22a-567 |
---|
| 700 | + | 268g, 22a-270a, 22a-272a, 22a-282, 22a-283, 22a-284, 32-1e and 32-658. 568 |
---|
| 701 | + | Sec. 14. Sections 22a-27s, 22a-27t, 22a-241, 26-157f and 26-314 of the 569 |
---|
| 702 | + | general statutes are repealed. (Effective from passage) 570 |
---|