HB 5871 — AN ACT PROVIDING FUNDING FOR SOIL AND WATER CONSERVATION DISTRICTS.

AN ACT AUTHORIZINGPROVIDING FEESFUNDING BYFOR SOIL AND WATER CONSERVATION DISTRICTS.

General Assembly   CommitteeSubstitute Bill No.

5871 January Session, 2017   LCO*_____HB05871ENV___032117____* No.AN ACT PROVIDING FUNDING FOR SOIL AND WATER CONSERVATION DISTRICTS.

4801   *04801HB05871ENV* Referred to Committee on ENVIRONMENT   Introduced by:

  (ENV)   AN ACT AUTHORIZING FEES BY CONSERVATION DISTRICTS.

Section 22a-31522a-27j of the general statutes is repealed and the following is substituted in lieu thereof (Effective OctoberJuly 1, 2017):

(a) InAny orderperson, tofirm assistor thecorporation, Commissionerother ofthan Energya andmunicipality, Environmentalmaking Protectionan inapplication identifyingfor any approval required by chapters 124, 126, 440 and remedying444 theor problemsby regulations adopted pursuant to said chapters shall pay a fee of soiltwenty anddollars, waterin erosion,addition to any other fee which may be required, to the commissionermunicipal shall,agency byor regulation,legislative establishbody soilwhich andis waterauthorized conservationto districtsapprove andthe boards.application.

SuchOn boards shall advise him on matters of soil and waterafter conservation,October erosion1, and2009, sedimentationthe controlfee and shall assistbe himsixty indollars. implementing programs concerning such matters.

Such regulationsmunicipal agency or legislative body shall (1)collect establishsuch geographicfees, boundariesretaining for[two] eachfour district,dollars (2)of establisheach proceduressuch fee for administrative costs, and shall pay thirty dollars of each such fee to the selection,Council byon Soil and Water Conservation, established pursuant to section 22a-315, on a quarterly basis, and pay the residentsremainder inof each district,such of[fees quarterly] fee, on a boardquarterly ofbasis, supervisorsto forthe eachDepartment district,of Energy and (3)Environmental provideProtection operating[and proceduresthe receipts shall be deposited] for suchdeposit boardsinto ofthe suchGeneral districts.Fund.

SuchAll regulationsfees received by the Council on Soil and Water Conservation pursuant to this section shall be adoptedused by such council to equally fund the work of each soil and water conservation district established pursuant to chaptersection 54.22a-315.

(b) TheNot commissionerlater bythan regulationthree pursuantmonths tofollowing chapterthe 54,close mayof authorizeeach suchfiscal boardsyear tostarting (1)with developthe soilfiscal year beginning July 1, 2000, the Department of Energy and waterEnvironmental conservation,Protection erosionshall identify those municipalities that are not in compliance with subsection (a) of this section for the previous fiscal year and sedimentationshall controlprovide programs,the prioritiesOffice of Policy and workplans;Management with a list of such municipalities.

(2)The provide,list byshall agreement,be forsubmitted technicalannually assistanceand fromin cooperatingsuch statemanner andas federalthe agenciesOffice toof municipalPolicy and regionalManagement agenciesmay andrequire. to landowners;

(3)The receiveOffice funds,of byPolicy transfer,and grantManagement, orwhen otherwiseissuing the first payment from the commissioner,Mashantucket includingPequot grantsand Mohegan Fund established pursuant to section 22a-317,3-55i, orin bythe donationfiscal oryear subscriptionduring fromwhich privatesaid sources,list andis expendreceived, suchshall fundsreduce withoutsaid regardpayment to a municipality by one thousand dollars for each quarter of the provisionspreceding fiscal year that the municipality has not been in compliance with subsection (a) of chapterthis 50;section to a maximum of four thousand dollars in each fiscal year.

(4)(c) useFollowing orthe provideclose forof each fiscal year starting with the usefiscal year beginning July 1, 2014, the Secretary of statethe equipmentOffice madeof availablePolicy pursuantand Management shall certify to the Comptroller the amount of any funds withheld under subsection (b) of this section 22a-316;and the Comptroller shall cause such amount to be deposited into the General Fund.

(5) enter into contracts and employ consultants and other assistants on a contract basis or other basis for rendering legal, financial, technical or other assistance and duties to carry out the purposes of this chapter;

[and] (6) acquire property by purchase, lease, gift or otherwise and to hold such property in the name of the district;

and (7) establish service fees payable to such districts for technical assistance provided by such districts to municipal and regional agencies and private landowners in connection with nonpoint source water pollution prevention, site plan reviews and soil erosion and sedimentation consulting services, provided any such fee for a municipal or regional agency shall not be greater than two-thirds of the amount of such fee for any private land owner and all such fees shall be made available to such conservation district for performance of such district's functions as provided in this section and any regulation adopted pursuant to the provisions of this section.

(c) The commissioner may, by regulation, adopted pursuant to chapter 54, establish a council to coordinate the activities of such boards of such districts with the activities of the Department of Energy and Environmental Protection and other state, regional and local agencies and propose regulations to said department in matters of soil and water erosion conservation and to advise and assist the commissioner in conserving and protecting the land, water and other natural resources of the state.

The council shall be within the Department of Energy and Environmental Protection for administrative purposes only.

Such council shall consist of nine members, five representing the soil and water conservation districts to be selected by each of the five districts' boards, the Commissioner of Energy and Environmental Protection or a designee, the Commissioner of Agriculture, or a designee, a representative of a nongovernmental organization appointed by the Governor and a representative of The University of Connecticut's cooperative extension system.

In addition, the council shall include, but not be limited to, the following at-large nonvoting members:

The State Conservationist or designee of the Natural Resource Conservation Service, the director of the Connecticut Agricultural Experiment Station or a designee, the director of the Storrs Agricultural Experiment Station or a designee, municipal staff representatives responsible for erosion and sedimentation control, the State Committee Chairman of the Farm Services Agency and a council member of a resource conservation and development area.

The commissioner shall have the authority to receive funds from any source on behalf of the council and shall expend such funds with the advice and consent of the council for equipment, supplies, and such full-time and part-time staff and consultants as may be necessary to carry out the council's duties and any other at-large, nonvoting members who have expertise to support the duties of the council.

(d) The council may receive funds from any source and expend such funds for equipment, supplies, staff and consultants as may be necessary to carry out its duties.

The council shall distribute funds for program activities after a vote in which the members representing the boards of the soil and water conservation districts shall collectively have one vote.

The council may employ an executive director who shall not be subject to the provisions of chapter 67.

The council may seek funding and provide financial support to boards of soil and water conservation districts and other organizations for activities contributing to soil and water conservation.

The council may adopt and amend by a majority vote such bylaws as it deems necessary to conduct its business.

(e) Prior to the promulgation of any regulations by the commissioner pursuant to subsections (a) and (b) of this section, such proposed regulations shall first be approved by a majority of said council.

(f) For the purposes of this section, soil and water conservation districts or boards shall not be considered state agencies or political or administrative subdivisions of the state.

Section 1 OctoberJuly 1, 2017 22a-31522a-27j StatementENV ofJoint Purpose:Favorable Subst.

To enable soil and water conservation districts to establish fees for the technical assistance services they provide to municipal and regional agencies and private landowners.

[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.] Co-Sponsors:

REP.

MUSHINSKY, 85th Dist.

H.B.

5871