Connecticut 2025 Regular Session

Connecticut Senate Bill SB01496 Compare Versions

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55 General Assembly Raised Bill No. 1496
66 January Session, 2025
77 LCO No. 5248
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1010 Referred to Committee on ENVIRONMENT
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1313 Introduced by:
1414 (ENV)
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1819 AN ACT CONCERNING MINOR REVISIONS TO DEPARTMENT OF
1920 ENERGY AND ENVIRONMENTAL PROTECTION RELATED
2021 STATUTES.
2122 Be it enacted by the Senate and House of Representatives in General
2223 Assembly convened:
2324
24-Section 1. Subsection (a) of section 22a-6 of the general statutes is 1
25-repealed and the following is substituted in lieu thereof (Effective from 2
26-passage): 3
27-(a) The commissioner may: (1) Adopt, amend or repeal, in accordance 4
28-with the provisions of chapter 54, such environmental standards, 5
29-criteria and regulations, and such procedural regulations as are 6
30-necessary and proper to carry out the department's functions, powers 7
31-and duties; (2) enter into contracts with any person, firm, corporation or 8
32-association to do all things necessary or convenient to carry out the 9
33-functions, powers and duties of the department; (3) initiate and receive 10
34-complaints as to any actual or suspected violation of any statute, 11
35-regulation, permit or order administered, adopted or issued by the 12
36-department. The commissioner shall have the power to hold hearings, 13
37-administer oaths, take testimony and subpoena witnesses and evidence, 14 Raised Bill No. 1496
25+Section 1. Section 22a-6 of the general statutes is repealed and the 1
26+following is substituted in lieu thereof (Effective from passage): 2
27+(a) The commissioner may: (1) Adopt, amend or repeal, in 3
28+accordance with the provisions of chapter 54, such environmental 4
29+standards, criteria and regulations, and such procedural regulations as 5
30+are necessary and proper to carry out the department's functions, 6
31+powers and duties; (2) enter into contracts with any person, firm, 7
32+corporation or association to do all things necessary or convenient to 8
33+carry out the functions, powers and duties of the department; (3) 9
34+initiate and receive complaints as to any actual or suspected violation 10
35+of any statute, regulation, permit or order administered, adopted or 11
36+issued by the department. The commissioner shall have the power to 12
37+hold hearings, administer oaths, take testimony and subpoena 13
38+witnesses and evidence, enter orders and institute legal proceedings 14
39+Raised Bill No. 1496
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42-enter orders and institute legal proceedings including, but not limited 15
43-to, suits for injunctions, for the enforcement of any statute, regulation, 16
44-order or permit administered, adopted or issued by the department; (4) 17
45-in accordance with regulations adopted by the department, require, 18
46-issue, renew, revoke, modify or deny permits, under such conditions as 19
47-the commissioner may prescribe, governing all sources of pollution in 20
48-Connecticut within the department's jurisdiction; (5) in accordance with 21
49-constitutional limitations, enter at all reasonable times, without liability, 22
50-upon any public or private property, except a private residence, for the 23
51-purpose of inspection and investigation to ascertain possible violations 24
52-of any statute, regulation, order or permit administered, adopted or 25
53-issued by the department and the owner, managing agent or occupant 26
54-of any such property shall permit such entry, and no action for trespass 27
55-shall lie against the commissioner for such entry, or the commissioner 28
56-may apply to any court having criminal jurisdiction for a warrant to 29
57-inspect such premises to determine compliance with any statute, 30
58-regulation, order or permit administered, adopted or enforced by the 31
59-department, provided any information relating to secret processes or 32
60-methods of manufacture or production ascertained by the commissioner 33
61-during, or as a result of, any inspection, investigation, hearing or 34
62-otherwise shall be kept confidential and shall not be disclosed except 35
63-that, notwithstanding the provisions of subdivision (5) of subsection (b) 36
64-of section 1-210, such information may be disclosed by the 37
65-commissioner to the United States Environmental Protection Agency 38
66-and the Nuclear Regulatory Commission pursuant to the federal 39
67-Freedom of Information Act of 1976, (5 USC 552) and regulations 40
68-adopted thereunder or, if such information is submitted after June 4, 41
69-1986, to any person pursuant to the federal Clean Water Act (33 USC 42
70-1251 et seq.); (6) undertake any studies, inquiries, surveys or analyses 43
71-the commissioner may deem relevant, through the personnel of the 44
43+LCO No. 5248 2 of 20
44+
45+including, but not limited to, suits for injunctions, for the enforcement 15
46+of any statute, regulation, order or permit administered, adopted or 16
47+issued by the department; (4) in accordance with regulations adopted 17
48+by the department, require, issue, renew, revoke, modify or deny 18
49+permits, under such conditions as the commissioner may prescribe, 19
50+governing all sources of pollution in Connecticut within the 20
51+department's jurisdiction; (5) in accordance with constitutional 21
52+limitations, enter at all reasonable times, without liability, upon any 22
53+public or private property, except a private residence, for the purpose 23
54+of inspection and investigation to ascertain possible violations of any 24
55+statute, regulation, order or permit administered, adopted or issued by 25
56+the department and the owner, managing agent or occupant of any 26
57+such property shall permit such entry, and no action for trespass shall 27
58+lie against the commissioner for such entry, or the commissioner may 28
59+apply to any court having criminal jurisdiction for a warrant to inspect 29
60+such premises to determine compliance with any statute, regulation, 30
61+order or permit administered, adopted or enforced by the department, 31
62+provided any information relating to secret processes or methods of 32
63+manufacture or production ascertained by the commissioner during, or 33
64+as a result of, any inspection, investigation, hearing or otherwise shall 34
65+be kept confidential and shall not be disclosed except that, 35
66+notwithstanding the provisions of subdivision (5) of subsection (b) of 36
67+section 1-210, such information may be disclosed by the commissioner 37
68+to the United States Environmental Protection Agency and the Nuclear 38
69+Regulatory Commission pursuant to the federal Freedom of 39
70+Information Act of 1976, (5 USC 552) and regulations adopted 40
71+thereunder or, if such information is submitted after June 4, 1986, to 41
72+any person pursuant to the federal Clean Water Act (33 USC 1251 et 42
73+seq.); (6) undertake any studies, inquiries, surveys or analyses the 43
74+commissioner may deem relevant, through the personnel of the 44
7275 department or in cooperation with any public or private agency, to 45
7376 accomplish the functions, powers and duties of the commissioner; (7) 46
7477 require the posting of sufficient performance bond or other security to 47
7578 assure compliance with any permit or order; (8) provide by notice 48
76-printed on any form that any false statement made thereon or pursuant 49 Raised Bill No. 1496
79+Raised Bill No. 1496
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81-thereto is punishable as a criminal offense under section 53a-157b; (9) 50
82-construct or repair or contract for the construction or repair of any [dam 51
83-or flood and erosion control system] service road, trail, greenway, 52
84-bridge, dam, flood prevention, climate resilience and erosion control 53
85-system, as defined in section 25-85, or other civil or natural resource 54
86-infrastructure under the department's control and management; [,] (10) 55
87-make or contract for the making of any alteration, repair or addition to 56
88-any other real asset under the department's control and management, 57
89-including rented or leased premises, involving an expenditure of [five 58
90-hundred thousand] one million dollars or less, [and,] provided, not later 59
91-than July 1, 2028, and annually thereafter, the Commissioner of 60
92-Administrative Services shall adjust such threshold expenditures by the 61
93-percentage change in the Producer Price Index by Commodity; 62
94-Construction (Partial) (WPU80), not seasonally adjusted, or its successor 63
95-index, as calculated by the United States Department of Labor, over the 64
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
98-Internet web site of the Department of Administrative Services; (11) 67
99-with prior approval of the Commissioner of Administrative Services, 68
100-make or contract for the making of any alteration, repair or addition to 69
101-such other real asset under the department's control and management 70
102-involving an expenditure of more than [five hundred thousand] one 71
103-million dollars but not more than [one] three million dollars, [; (10)] 72
104-provided, not later than July 1, 2028, and annually thereafter, the 73
105-Commissioner of Administrative Services shall adjust such threshold 74
106-expenditures by the percentage change in the Producer Price Index by 75
107-Commodity; Construction (Partial) (WPU80), not seasonally adjusted, 76
108-or its successor index, as calculated by the United States Department of 77
109-Labor, over the preceding calendar year, rounded to the nearest 78
110-multiple of one hundred dollars, and shall post such adjusted dollar 79
111-amounts on the Internet web site of the Department of Administrative 80
112-Services; (12) in consultation with affected town and watershed 81
113-organizations, enter into a lease agreement with a private entity owning 82
114-a facility to allow the private entity to generate hydroelectricity 83
115-provided the project meets the certification standards of the Low Impact 84 Raised Bill No. 1496
83+LCO No. 5248 3 of 20
84+
85+printed on any form that any false statement made thereon or 49
86+pursuant thereto is punishable as a criminal offense under section 53a-50
87+157b; (9) construct or repair or contract for the construction or repair of 51
88+any [dam or flood and erosion control system] service road, trail, 52
89+greenway, bridge, dam, flood prevention, climate resilience and 53
90+erosion control system, as defined in section 25-85, or other civil or 54
91+natural resource infrastructure under the department's control and 55
92+management; [,] (10) make or contract for the making of any alteration, 56
93+repair or addition to any other real asset under the department's 57
94+control and management, including rented or leased premises, 58
95+involving an expenditure of [five hundred thousand] one million 59
96+dollars or less, [and,] provided, not later than July 1, 2028, and 60
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
100+not seasonally adjusted, or its successor index, as calculated by the 64
101+United State Department of Labor, over the preceding calendar year, 65
102+rounded to the nearest multiple of one hundred dollars, and shall post 66
103+such adjusted dollar amounts on the Internet web site of the 67
104+Department of Administrative Services; (11) with prior approval of the 68
105+Commissioner of Administrative Services, make or contract for the 69
106+making of any alteration, repair or addition to such other real asset 70
107+under the department's control and management involving an 71
108+expenditure of more than [five hundred thousand] one million dollars 72
109+but not more than [one] three million dollars, [; (10)] provided, not 73
110+later than July 1, 2028, and annually thereafter, the Commissioner of 74
111+Administrative Services shall adjust such threshold expenditures by 75
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
116+multiple of one hundred dollars, and shall post such adjusted dollar 80
117+amounts on the Internet web site of the Department of Administrative 81
118+Services; (12) in consultation with affected town and watershed 82
119+Raised Bill No. 1496
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120-Hydropower Institute; [(11)] (13) by regulations adopted in accordance 85
121-with the provisions of chapter 54, require the payment of a fee sufficient 86
122-to cover the reasonable cost of the search, duplication and review of 87
123-records requested under the Freedom of Information Act, as defined in 88
124-section 1-200, and the reasonable cost of reviewing and acting upon an 89
125-application for and monitoring compliance with the terms and 90
126-conditions of any state or federal permit, license, registration, order, 91
127-certificate or approval required pursuant to subsection (i) of section 22a-92
128-39, subsections (c) and (d) of section 22a-96, subsections (h), (i) and (k) 93
129-of section 22a-424, and sections 22a-6d, 22a-32, 22a-134a, 22a-134e, 22a-94
130-135, 22a-148, 22a-150, 22a-174, 22a-208, 22a-208a, 22a-209, 22a-342, 22a-95
131-345, 22a-354i, 22a-361, 22a-363c, 22a-368, 22a-372, 22a-379, 22a-403, 22a-96
132-409, 22a-416, 22a-428 to 22a-432, inclusive, 22a-449 and 22a-454 to 22a-97
133-454c, inclusive, and Section 401 of the federal Clean Water Act, (33 USC 98
134-1341). Such costs may include, but are not limited to the costs of (A) 99
135-public notice, (B) reviews, inspections and testing incidental to the 100
136-issuance of and monitoring of compliance with such permits, licenses, 101
137-orders, certificates and approvals, and (C) surveying and staking 102
138-boundary lines. The applicant shall pay the fee established in 103
139-accordance with the provisions of this section prior to the final decision 104
140-of the commissioner on the application. The commissioner may 105
141-postpone review of an application until receipt of the payment. Payment 106
142-of a fee for monitoring compliance with the terms or conditions of a 107
143-permit shall be at such time as the commissioner deems necessary and 108
144-is required for an approval to remain valid; and [(12)] (14) by regulations 109
145-adopted in accordance with the provisions of chapter 54, require the 110
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
148-to compliance with environmental statutes, regulations, permits or 113
149-orders. Such fee shall be paid by the person requesting such information 114
150-at the time of the request. Funds not exceeding two hundred thousand 115
151-dollars received by the commissioner pursuant to subsection (g) of 116
152-section 22a-174, during the fiscal year ending June 30, 1985, shall be 117
153-deposited in the General Fund and credited to the appropriations of the 118
154-Department of Energy and Environmental Protection in accordance 119 Raised Bill No. 1496
123+LCO No. 5248 4 of 20
124+
125+organizations, enter into a lease agreement with a private entity 83
126+owning a facility to allow the private entity to generate 84
127+hydroelectricity provided the project meets the certification standards 85
128+of the Low Impact Hydropower Institute; [(11)] (13) by regulations 86
129+adopted in accordance with the provisions of chapter 54, require the 87
130+payment of a fee sufficient to cover the reasonable cost of the search, 88
131+duplication and review of records requested under the Freedom of 89
132+Information Act, as defined in section 1-200, and the reasonable cost of 90
133+reviewing and acting upon an application for and monitoring 91
134+compliance with the terms and conditions of any state or federal 92
135+permit, license, registration, order, certificate or approval required 93
136+pursuant to subsection (i) of section 22a-39, subsections (c) and (d) of 94
137+section 22a-96, subsections (h), (i) and (k) of section 22a-424, and 95
138+sections 22a-6d, 22a-32, 22a-134a, 22a-134e, 22a-135, 22a-148, 22a-150, 96
139+22a-174, 22a-208, 22a-208a, 22a-209, 22a-342, 22a-345, 22a-354i, 22a-361, 97
140+22a-363c, 22a-368, 22a-372, 22a-379, 22a-403, 22a-409, 22a-416, 22a-428 98
141+to 22a-432, inclusive, 22a-449 and 22a-454 to 22a-454c, inclusive, and 99
142+Section 401 of the federal Clean Water Act, (33 USC 1341). Such costs 100
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
148+provisions of this section prior to the final decision of the 106
149+commissioner on the application. The commissioner may postpone 107
150+review of an application until receipt of the payment. Payment of a fee 108
151+for monitoring compliance with the terms or conditions of a permit 109
152+shall be at such time as the commissioner deems necessary and is 110
153+required for an approval to remain valid; and [(12)] (14) by regulations 111
154+adopted in accordance with the provisions of chapter 54, require the 112
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
158+or orders. Such fee shall be paid by the person requesting such 116
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
160-June 30, 1986. In any action brought against any employee of the 121
161-department acting within the scope of delegated authority in 122
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
165-following is substituted in lieu thereof (Effective from passage): 126
166-As used in this chapter: 127
167-(1) "Atomic energy" has the same meaning as provided in 42 USC 128
168-2014, as amended from time to time; 129
169-(2) "By-product material" means each of the following: (A) Any 130
170-radioactive material, other than special nuclear material, that is yielded 131
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
173-tailings or wastes produced by the extraction or concentration of 134
174-uranium or thorium from any ore processed primarily for its source 135
175-material content, including discrete surface wastes resulting from 136
176-uranium solution extraction processes but excluding any underground 137
177-ore bodies depleted by such solution extraction processes; (C) any 138
178-discrete source of radium-226 that is produced, extracted or converted 139
179-after extraction for use for a commercial, medical or research activity; 140
180-(D) any material that (i) was made radioactive by use of a particle 141
181-accelerator, including by use of a fusion machine, and [that] (ii) if made 142
182-radioactive by use of a particle accelerator that is not a fusion machine, 143
183-is produced, extracted or converted after extraction for use for a 144
184-commercial, medical or research activity; and (E) any discrete source of 145
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
189-the threat posed by a discrete source of radium-226 to the public health 150
190-and safety; 151 Raised Bill No. 1496
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165+information at the time of the request. Funds not exceeding two 117
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
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
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
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
205-2014, as amended from time to time; 162
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
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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
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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
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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
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264272
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
297307
298308
299-LCO 5248 9 of 19
300309
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
330342
331343
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333344
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
369379
370380
371-LCO 5248 11 of 19
372381
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
406417
407418
408-LCO 5248 12 of 19
409419
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
444456
445457
446-LCO 5248 13 of 19
447458
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
480495
481496
482-LCO 5248 14 of 19
483497
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
518532
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520-LCO 5248 15 of 19
521534
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
556571
557572
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559573
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
593610
594611
595-LCO 5248 17 of 19
596612
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
628649
629650
630-LCO 5248 18 of 19
631651
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
654703 This act shall take effect as follows and shall amend the following
655704 sections:
656705
657-Section 1 from passage 22a-6(a)
706+Section 1 from passage 22a-6
658707 Sec. 2 from passage 16a-101
659708 Sec. 3 from passage 22a-151
660709 Sec. 4 from passage 26-159a
661710 Sec. 5 from passage 26-142b
662711 Sec. 6 from passage 22a-202(d)
663712 Sec. 7 from passage 23-5c
664-Sec. 8 from passage 32-1s(b) Raised Bill No. 1496
665-
666-
667-LCO 5248 19 of 19
668-
713+Sec. 8 from passage 32-1s(b)
669714 Sec. 9 from passage 22a-208i(b)
670715 Sec. 10 from passage 22a-241g(c)
671716 Sec. 11 from passage 22a-241h
672717 Sec. 12 from passage 22a-260a(b)
673718 Sec. 13 from passage 22a-284a(b)
674719 Sec. 14 from passage Repealer section
675720
676-ENV Joint Favorable
721+Statement of Purpose:
722+To make minor revisions to various programs of the Department of
723+Energy and Environmental Protection.
724+Raised Bill No. 1496
725+
726+
727+
728+LCO No. 5248 20 of 20
729+
730+
731+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
732+except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
733+not underlined.]
677734