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repealed and the following is substituted in lieu thereof (Effective from 2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