Bill Text: CT SB00835 | 2017 | General Assembly | Introduced
Bill Title: An Act Concerning Minor Revisions To Environment-related Statutes Affecting Various Programs Of The Department Of Energy And Environmental Protection.
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2017-05-26 - House Calendar Number 598 [SB00835 Detail]
Download: Connecticut-2017-SB00835-Introduced.html
General Assembly |
Raised Bill No. 835 | ||
January Session, 2017 |
LCO No. 3903 | ||
*03903_______ENV* | |||
Referred to Committee on ENVIRONMENT |
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Introduced by: |
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(ENV) |
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AN ACT CONCERNING MINOR REVISIONS TO ENVIRONMENT-RELATED STATUTES AFFECTING VARIOUS PROGRAMS OF THE DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsection (b) of section 22a-361 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(b) The commissioner, at least thirty days before approving or denying an application for a permit, shall provide or require the applicant to provide notice by certified mail, return receipt requested, or by electronic means to the applicant, to the Connecticut Port Authority, as appropriate, the Attorney General and the Commissioner of Agriculture and to the chief executive officer, the chairmen of the planning, zoning, harbor management and shellfish commissions of each town in which such structure, fill, obstruction, encroachment or dredging is to be located or work to be performed, and to the owner of each franchised oyster ground and the lessee of each leased oyster ground within which such work is to be performed and shall publish such notice once in a newspaper having a substantial circulation in the area affected. Such notice shall contain (1) the name of the applicant; (2) the location and nature of the proposed activities; (3) the tentative decision regarding the application; and (4) any additional information the commissioner deems necessary. There shall be a comment period following the public notice during which interested persons may submit written comments. The commissioner may hold a public hearing prior to approving or denying an application if, in the commissioner's discretion, the public interest will best be served by holding such hearing. The commissioner shall hold a public hearing if the commissioner receives: (A) A written request for such public hearing from the applicant, or (B) a petition, signed by twenty-five or more persons requesting such public hearing on an application. If a public hearing is held, the commissioner, not less than thirty days prior to such hearing, shall provide, or require the applicant to provide, notice of the hearing by certified mail, return receipt requested, or by electronic means to the applicant, to the Connecticut Port Authority, as appropriate, the Attorney General and the Commissioner of Agriculture and to the chief executive officer, the chairmen of the planning, zoning, harbor management and shellfish commissions of each town in which such structure, fill, obstruction, encroachment or dredging is to be located or work to be performed, and to the owner of each franchised oyster ground and the lessee of each leased oyster ground within which such work is to be performed and shall publish such notice once in a newspaper having a substantial circulation in the area affected. Such notice shall contain (1) the name of the applicant; (2) the location and nature of the proposed activities; (3) the tentative decision regarding the application; and (4) any additional information the commissioner deems necessary. Following such notice and comment period and public hearing, if applicable, the commissioner may, in whole or in part, approve, modify and approve or deny the application. The commissioner shall provide to the applicant and the persons set forth above, by certified mail, return receipt requested, or by electronic means, notice of the commissioner's decision. If the commissioner requires the applicant to provide the notice specified in this subsection, the applicant shall certify to the commissioner, not later than twenty days after providing such notice, that such notice has been provided in accordance with this subsection. Any person who is aggrieved by the commissioner's final decision on such application may appeal such decision to the Superior Court in accordance with section 4-183.
Sec. 2. Subsections (e) and (f) of section 22a-426 of the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage):
(e) Notwithstanding the provisions of subsection (a) of this section and chapter 54, the following procedures shall apply to any surface or ground water reclassification initiated by the commissioner: (1) The commissioner shall hold a public hearing in accordance with subdivision (3) of subsection (f) of this section upon receipt of written request to hold a hearing by any person. Such public hearing shall not be considered a contested case pursuant to chapter 54; and (2) the commissioner shall publish notice of [such hearing] tentative determination specifying the surface or ground waters for which reclassification is proposed, [and the time, date and place of such hearing and] how members of the public may obtain additional information regarding such reclassification and how a public hearing may be requested. Such notice shall be published once in a newspaper having a substantial circulation in the affected area [at least thirty days before such hearing;] and [(3)] such notice shall also be given by certified mail to the chief executive officer of each municipality in which the water affected by such reclassification is located with a copy to the director of health of each municipality. [, at least thirty days prior to the hearing. Following the public hearing, the] The commissioner shall provide notice of the reclassification decision in the Connecticut Law Journal and to the chief elected official and the director of health of each municipality in which the water affected by such reclassification is located.
(f) Notwithstanding the provisions of subsection (a) of this section and chapter 54, the following procedures shall apply to any surface or groundwater reclassification requested by a person other than the commissioner: (1) Any person seeking a reclassification shall apply to the commissioner on forms prescribed by the commissioner and shall provide the information required by such forms; (2) [at least thirty days before the hearing specified in subdivision (3) of this subsection, the commissioner shall publish or cause to be published,] at the expense of the person seeking a reclassification, the commissioner shall publish or cause to be published once in a newspaper having a substantial circulation in the affected area (A) the name of the person seeking a reclassification, (B) an identification of the surface or ground waters affected by such reclassification, (C) notice of the commissioner's tentative determination regarding such reclassification, (D) how members of the public may obtain additional information regarding such reclassification, and (E) [the time, date and place of a public hearing regarding such reclassification] how a public hearing may be requested. Any such notice shall also be given by certified mail to the chief executive officer of each municipality in which the water affected by such reclassification is located, with a copy to the director of health of each municipality; [, at least thirty days before the hearing;] (3) the commissioner shall conduct a public hearing regarding any tentative determination to reclassify surface or ground waters upon receipt of written request to hold such hearing by any person. Such public hearing shall not be considered a contested case pursuant to chapter 54, but shall be conducted in a manner which affords all interested persons reasonable opportunity to provide oral or written comments. Notice of such hearing shall be published once in a newspaper having a substantial circulation in the affected area not less than thirty days prior to such hearing. Additionally, such notice shall be given by certified mail to the chief executive officer and director of health for each municipality in which the water affected by such reclassification is located. The commissioner shall maintain a recording of the hearing; and (4) [following the public hearing,] the commissioner shall provide notice of the reclassification decision in the Connecticut Law Journal and to the chief elected official and the director of health of each municipality in which the water affected by such reclassification is located.
Sec. 3. Subsection (c) of section 22a-133o of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(c) (1) A notice of activity and use limitation may be used and recorded for releases remediated in accordance with the regulations adopted pursuant to sections 22a-133k and 22a-133q for the following purposes:
(A) To achieve compliance with industrial/commercial direct exposure criteria, groundwater volatilization criteria, and soil vapor criteria, as established in regulations adopted pursuant to section 22a-133k, by preventing residential activity and use of the area to be affected through the notice of activity and use limitation, provided such property is zoned for industrial or commercial use, is not used for any residential use, and no holder of an interest in such property, other than such owner, has a right of residential use, as defined in regulations adopted pursuant to section 22a-133k;
(B) To prevent disturbance of polluted soil that exceeds the applicable direct exposure criteria but that is inaccessible soil, in compliance with the provisions of the regulations adopted pursuant to section 22a-133k, provided pollutant concentrations in such inaccessible soil do not exceed ten times the applicable direct exposure criteria;
(C) To prevent disturbance of an engineered control to the extent such engineered control is for the sole remedial purpose of eliminating exposure to polluted soil that exceeds the direct exposure criteria, provided pollutant concentrations in such soil do not exceed ten times the applicable direct exposure criteria;
(D) To prevent demolition of a building or permanent structure that renders polluted soil environmentally isolated, provided: (i) The pollutant concentrations in the environmentally isolated soil do not exceed ten times the applicable direct exposure criteria and the applicable pollutant mobility criteria, or (ii) the total volume of soil that is environmentally isolated that exceeds ten times the applicable direct exposure criteria and the applicable pollutant mobility criteria is less than or equal to ten cubic yards; or
(E) Any other purpose the commissioner may prescribe by regulations adopted in accordance with the provisions of chapter 54.
(2) No owner shall record a notice of activity and use limitation on the land records of the municipality in which such land is located unless such owner, not later than sixty days prior to such recordation, provides written notice to each person who holds an interest in such land or any part thereof, including each mortgagee, lessee, lienor and encumbrancer. Such written notice of the proposed notice of activity and use limitation shall be sent by certified mail, return receipt requested, and shall include notice of the existence and location of pollution within such area and the terms of such proposed activity and use limitation. Any such person who holds an interest may waive such sixty-day-notice period in relation to such interest provided such waiver is in writing.
(3) A notice of activity and use limitation recorded pursuant to this subsection shall be implemented and adhered to by the owner and subsequent holders of interests in the property, such owner's successors and assigns, [and] any person who has a license to use such property or to conduct remediation on any portion of such property and any prior holder of interest in the property who signed the notice of activity and use limitation.
(4) Any notice of activity and use limitation shall be effective when recorded on the land records of the municipality in which such property is located.
(5) (A) Any notice of activity and use limitation document, as described in this subsection, shall be prepared on a form prescribed by the commissioner.
(B) A notice of activity and use limitation decision document, signed by the commissioner or signed and sealed by a licensed environmental professional, shall be referenced in and recorded with any such notice of activity and use limitation, and shall specify:
(i) Why the notice of activity and use limitation is appropriate for achieving and maintaining compliance with the regulations adopted pursuant to section 22a-133k;
(ii) Any activities and uses that are inconsistent with maintaining compliance with such regulations;
(iii) Any activities and uses to be permitted;
(iv) Any obligations and conditions necessary to meet the objectives of the notice of activity and use limitation; and
(v) The nature and extent of pollution in the area that is the basis for the notice of activity and use limitation, including a listing of contaminants and concentrations for such contaminants, and the horizontal and vertical extent of such contaminants.
(6) A notice of activity and use limitation shall not be used in any area where a prior holder of interest in the property has an interest that allows for the conduct of an activity that interferes with the conditions or purposes described in subparagraphs (A) to (E), inclusive, of subdivision (1) of this subsection [or if such interest allows for intrusion into the polluted soil] unless all holders of interest sign the notice of activity and use limitation.
(7) Upon transfer of any interest in or a right to use property, or a portion of property that is subject to a notice of activity and use limitation, the owner of such land, any lessee of such land and any person who has the right to subdivide or sublease such property, shall incorporate such notice in full or by reference into all future deeds, easements, mortgages, leases, licenses, occupancy agreements and any other instrument of transfer provided the failure to incorporate such notice shall not affect the enforceability of any such notice of activity and use limitation.
(8) If a notice of activity and use limitation is extinguished by foreclosure of a mortgage, lien or other encumbrance, the owner of the subject land shall promptly, but not later than one year from the date of such foreclosure, or other schedule if approved in writing by the commissioner, remediate the pollution that was the subject of the notice of activity and use limitation consistent with standards adopted under section 22a-133k. In the event a notice of activity and use limitation is extinguished by such foreclosure, if notice to the commissioner is not otherwise provided as part of the foreclosure proceedings the owner shall, not later than thirty days from the date of such foreclosure, provide written notice to the commissioner by certified mail, return receipt requested, of such foreclosure, the name of the owner, the address of the land, and the identification of the notice of activity and use limitation.
(9) Any owner of a parcel of property that is subject to a notice of activity and use limitation may remediate the pollution on such parcel in accordance with the regulations adopted pursuant to sections 22a-133k and 22a-133q. Such owner, upon completion of such remediation, may terminate the notice of activity and use limitation in accordance with regulations adopted pursuant to section 22a-133q.
Sec. 4. Subsection (b) of section 22a-148 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(b) No person, firm, corporation, town, city or borough shall operate or cause to be operated any source of ionizing radiation or shall produce, transport, store, possess or dispose of radioactive materials except under conditions which comply with regulations or with orders imposed by the Commissioner of Energy and Environmental Protection for the protection of the public health and preservation of the environment. Such regulations or orders shall be based to the extent deemed practicable by said department on the regulations of the United States Atomic Energy Commission, issued under authority granted to said commission by the Atomic Energy Act of 1954 and entitled "Standards for Protection against Radiation", or, if such regulations should be deemed inappropriate by the Commissioner of Energy and Environmental Protection, on the latest recommendations of the National Committee on Radiation, as published by the United States Department of Commerce, National Bureau of Standards. [No regulation pertaining to radiation sources and radioactive materials proposed to be issued by the commissioner shall become effective until thirty days after it has been submitted to the Coordinator of Atomic Development Activities unless, upon a finding of emergency need, the governor by order waives all or any part of said thirty-day period.] In no case shall any source of ionizing radiation be utilized otherwise than at the lowest practical level consistent with the best use of the radiation facilities or radioactive materials involved.
Sec. 5. Subsection (j) of section 22a-430 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(j) (1) The commissioner may exempt persons who or municipalities which apply for permits for the following discharges from the requirement to submit plans and specifications under subsection (b) of this section:
(A) A discharge from a new treatment or disposal system which system is substantially the same as a system that the applicant is operating in compliance with a permit for said system issued by the commissioner;
(B) The discharge is described in a general permit issued by the commissioner pursuant to section 22a-430b;
(C) The discharge is from a system, the purpose of which, as determined by the commissioner, is not to treat any toxic or hazardous substances; or
(D) The discharge is exempt from public notice under subsection (b) of this section and regulations adopted thereunder.
(2) The commissioner [shall] may adopt regulations, [not later than February 1, 2015,] in accordance with the provisions of chapter 54, to establish other categories of discharges which may be exempted from the requirement to submit plans and specifications under subsection (b) of this section. Such regulations may include, but not be limited to, the following: (A) Minimum standards for the design and operation of treatment systems for such discharges; and (B) requirements for submission of information concerning such discharges.
Sec. 6. Section 22a-174g of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) On or before December 31, 2004, the Commissioner of Energy and Environmental Protection shall adopt regulations, in accordance with the provisions of chapter 54, to implement the light duty motor vehicle emission standards of the state of California, and shall amend such regulations from time to time, in accordance with changes in said standards. Such regulations shall be applicable to motor vehicles with a model year 2008 and later. Such regulations may incorporate by reference the California motor vehicle emission standards set forth in final regulations issued by the California Air Resources Board pursuant to Title 13 of the California Code of Regulations and promulgated under the authority of Division 26 of the California Health and Safety Code, as may be amended from time to time. Nothing in this section shall limit the commissioner's authority to regulate motor vehicle emissions for any other class of vehicle.
(b) The regulations described in subsection (a) of this section shall, in accordance with subdivision (4) of subsection (b) of section 4-170, incorporate by reference any provisions of such California regulations that are necessary to maintain compliance with Section 177 of the federal Clean Air Act provided the commissioner notifies the joint standing committee of the General Assembly having cognizance of matters relating to the environment of any changes to such California regulations not less than sixty days prior to the effective date of any resulting change to the regulations described in subsection (a) of this section.
[(b)] (c) As part of the state's implementation plan under the federal Clean Air Act, the Commissioner of Energy and Environmental Protection may establish a program to allow the sale, purchase and use of motor vehicles which comply with any regulations adopted by the commissioner which implement the California motor vehicles emissions standards for purposes of generating any emission reduction credits under said act. Nothing in this section shall prohibit the Commissioner of Energy and Environmental Protection from establishing a program to require the sale, purchase and use of motor vehicles which comply with any regulations adopted by the commissioner which implement the California motor vehicle emissions standards.
Sec. 7. Subsection (e) of section 22a-43 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(e) There shall be no right to further review except to the Appellate Court by certification for review in accordance with the provisions of subsection [(p)] (o) of section 8-8.
Sec. 8. Subsection (d) of section 22a-354x of the general statutes is repealed. (Effective from passage)
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
from passage |
22a-361(b) |
Sec. 2 |
from passage |
22a-426(e) and (f) |
Sec. 3 |
from passage |
22a-133o(c) |
Sec. 4 |
from passage |
22a-148(b) |
Sec. 5 |
from passage |
22a-430(j) |
Sec. 6 |
from passage |
22a-174g |
Sec. 7 |
from passage |
22a-43(e) |
Sec. 8 |
from passage |
Repealer section |
Statement of Purpose:
To make minor changes to environment related statutes concerning various programs of the Department of Energy and Environmental Protection including coastal structures permitting, surface and ground water classifications, hazardous waste remediation, discharge permits, ionizing radiation regulations and vehicle emissions regulations.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]