SB 818 — AN ACT CONCERNING THE SUSPENSION OF CIVIL PENALTIES IMPOSED BY THE DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION ON CERTAIN BUSINESS ENTITIES PURSUANT TO STATE REGULATIONS.

AN ACT AUTHORIZINGCONCERNING THE SUSPENSION OF CIVIL PENALTIES IMPOSED BY THE DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION ON CERTAIN BUSINESS ENTITIES PURSUANT TO STATE REGULATIONS.

General Assembly   RaisedSubstitute Bill No.

818 January Session, 2017   LCO*_____SB00818CE____031717____* No.AN ACT CONCERNING THE SUSPENSION OF CIVIL PENALTIES IMPOSED BY THE DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION ON CERTAIN BUSINESS ENTITIES PURSUANT TO STATE REGULATIONS.

3816   *03816_______CE_* Referred to Committee on COMMERCE   Introduced by:

  (CE)   AN ACT AUTHORIZING THE SUSPENSION OF CIVIL PENALTIES IMPOSED ON CERTAIN BUSINESS ENTITIES PURSUANT TO STATE REGULATIONS.

(NEW) (Effective October 1, 2017, and applicable to penalties imposed on and after said date) (a) For the purposes of this section, "state agency" means any department, board, council, commission, institution or other executive branch agency of state government, and "business entity" means a corporation, association, partnership, limited liability company or any other similar form of business organization.

(b) (1) Notwithstanding any provision of the general statutes, athe stateCommissioner agencyof Energy and Environmental Protection shall suspend any civil penalty assessed against any business entity for a first violation of any provision of the regulations ofadopted Connecticutby statethe agencies,commissioner uponif, thenot writtenlater requestthan ofthirty suchdays businessafter entity,the ifassessment of such penalty, such business entity (A) takes measures that ensure a complete remedy of the condition that resulted in such violation within a reasonable period of time, not laterto thanexceed thirtysix daysmonths after the assessment of such penalty, and (B) submits a written request to the commissioner describing such measures and requesting a suspension of such penalty.

TheIf provisionssuch ofcondition thisis section shall not applyremedied towithin (1)such anysix-month wilfulperiod, orthe grosslycommissioner negligentshall violation,assess (2) any violation that results in the bodilycivil injury of any person, or (3) any penalty requiredthat underwas anysuspended provisionpursuant ofto federalthis lawsection. or regulation, including any penalty required as a condition for receiving federal funding.

(c)(2) AnyThe businessprovisions entityof aggrievedthis bysection theshall denialnot ofapply ato state(A) agencyany towilful suspendor agrossly civilnegligent penaltyviolation, pursuant(B) toany thisviolation sectionthat mayresults appealin suchharm denial to human health or the Superiorenvironment, Courtor in(C) accordanceany withpenalty therequired provisionsunder any provision of sectionfederal 4-183law ofor theregulation, generalincluding statutes.any penalty required as a condition for receiving federal funding.

(c) Any business entity aggrieved by the denial of the commissioner to suspend a civil penalty pursuant to this section may appeal such denial to the Superior Court in accordance with the provisions of section 4-183 of the general statutes.

Section 1 October 1, 2017, and applicable to penalties imposed on and after said date New section StatementCE ofJoint Purpose:Favorable Subst.

To permit businesses to remediate first-time regulatory violations without civil penalty if such remediation is done in a timely manner.

[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.]