HB 6725 — AN ACT REVISING CERTAIN FARMING AND AQUACULTURE PROGRAMS OF THE DEPARTMENT OF AGRICULTURE.

Such expenses shall be paid from money collected by the commissioner in accordance with the provisions of sectionsection22-54r. 22-54r.

At itsfirst meeting theboardshallelect achairpersonand suchPublic otherAct officersNo. as it deems necessary.

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6725 such other officers as it deems necessary.

If any member of the advisory board is absent, the chairperson of the advisory board may sHB6725designate /an Filealternate No.member to serve in lieu of such member.

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533 designate an alternate member to serve in lieu of such member.

(b)Public [TheAct boardNo. shall:

23-184 9 of 12 Substitute House Bill No.

6725 (b) [The board shall:

(4) recommendationsforthecollectionoftheassessmentimposedpursuant sHB6725to /section File22-54r; No.

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533 to section 22-54r;

(c) Each apple producer shall file with the advisory board, on forms provided by the advisory board, information on the harvested crop of such producer, including the number of first sale units and the dispositionPublic ofAct suchNo. units at fresh markets, cold storage or other destinations.

23-184 10 of 12 Substitute House Bill No.

6725 disposition of such units at fresh markets, cold storage or other destinations.

The commissioner may designate shellfish grounds available for annual leasing to such small-scale aquaculture operations under the provisions of subsection (a) of this section, except that the commissioner may require that all bidders be a sHB6725small-scale /aquaculture Fileoperation No.or offer such leases at a fixed price determined by the commissioner.

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533 small-scale aquaculture operation or offer such leases at a fixed price determined by the commissioner.

All provisions of section 26-192c shall apply to leases issued pursuant to thissubsection.For purposesofthissubsection,"small-scale aquaculturePublic operation"Act meansNo. an aquaculture operation that either operates in one hundred fifty acres or less of shellfish grounds or that has operated for the production of shellfish for four or fewer years.

This23-184 act11 shallof take12 effectSubstitute asHouse followsBill andNo. shall amend the following sections:

Section6725 1aquaculture Octoberoperation" 1,means 2023an 22-6caquaculture Sec.operation that either operates in one hundred fifty acres or less of shellfish grounds or that has operated for the production of shellfish for four or fewer years.

2 from passage 22-6r(5) Sec.

312. from passage 22-26f(a) Sec.

4Subsection from(a) passageof 22-26jsection Sec.22-364 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

5(a) fromNo passageowner 22-26bb(d)or Sec.keeper of any dog or livestock as defined in section 22-381 shall allow such dog or livestock to roam at large upon the land of another and not under control of the owner or keeper or the agent of the owner or keeper, nor allow such dog or livestock to roam at large on any portion of any public highway and not attended or under control of such owner or keeper or [his] an agent of such owner or keeper, provided nothing in this subsection shall be construed to limit or prohibit the use of hunting dogs during the open hunting or training season.

6The fromunauthorized passagepresence 22-38of Sec.any dog or livestock on the land of any person other than the owner or keeper of such dog or livestock or on any portion of a public highway when such dog or livestock is not attendedby or underthecontrolofsuchowner orkeeper,shallbeprima facie evidence of a violation of the provisions of this subsection.

7Violation fromof passageany 22-39fprovision Sec.of this subsection shall be an infraction.

8Approved fromJune passage28, 22-472023 Sec.Public Act No.

923-184 from12 passageof 22-54s12 Sec.

10 from passage 22-54p(a) Sec.

11 from passage 26-194(g) ENV Joint Favorable Subst.

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533 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

Agency Affected Fund-Effect FY 23 FY 24 FY 25 Treasurer, Debt GF - Potential None See Below See Below Serv.

Cost Department of GF - Potential At least At least At least Agriculture Revenue Gain 1,250 1,250 1,250 Note:

GF=General Fund Municipal Impact:

None Explanation The bill alters various programs administered by the Department of Agriculture (DoAg), resulting in the fiscal impacts described below.

Section 1 makes various changes to the farmland restoration and climate resiliency program administered by DoAg, including allowing higher levels of state reimbursement for certain costs.

This could result in increased or more rapid use of previously-authorized bond funds.

There is an existing General Obligation (GO) bond authorization for the program.

Future General Fund debt service costs may be incurred sooner under the bill to the degree that it causes authorized GO bond funds to be expended or to be expended more rapidly than they otherwise would have been.

As of April 7, 2023, there is an unallocated bond balance of $7 million available under the relevant authorization.

The bill does not change GO bond authorizations relevant to the program.

Section 7 establishes a set of fines for those who violate honey and sHB6725 / File No.

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533 maple syrup production laws and regulations:

(1) a $50 fine for a first offense, and (2) a $200 fine for each subsequent offense.

This could result in a revenue gain to DoAg, to the extent violations occur and are enforced.

Section 11 is expected to result in an annual revenue gain beginning in FY 23 as it allows DoAg to lease shellfish grounds to small-scale shellfish aquaculture operations, under the bill's requirement for the agency to expand this type of aquaculture business.

DoAg owns between 500 and 1,000 acres for the shellfish aquaculture leasing program and the current average price is $25 per acre, per year.

The actualrevenue gainwoulddependonthe finalprice settledupon between the business and the agency, and the number of additional acres leased annually.

Assuming DoAg leases parcels at an average price of $25 per acre, the revenue gain to DoAg may be at least $1,250 for each 50-acre parcel.

Lastly, the bill alters various other laws that have no fiscal impact to the state or municipalities.

The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to inflation, the terms of any bonds issued, the number of violations that are enforced, and the price and acreage of shellfish beds leased.

sHB6725 / File No.

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533 OLR Bill Analysis sHB 6725 AN ACT REVISING CERTAIN FARMING AND AQUACULTURE PROGRAMS OF THE DEPARTMENT OF AGRICULTURE.

TABLE OF CONTENTS:

SUMMARY § 1 — FARMLAND RESTORATION GRANT PROGRAM Revises this program in various ways, such as removing a $20,000 cap on grants, allowing the available state grant to cover up to 90% of the costs to comply with certain farm plans, and allowing certain grant payments to be made within available appropriations §§ 2 & 6 — ADVERTISING LOCAL AGRICULTURE Removes farm products produced over state lines from the Connecticut Grown program;

eliminates provisions on using certain advertising terms § 3 — EXERCISING THE STATE VETERINARIAN’S AUTHORITY Makesthestateveterinarianthestate animalhealth official;allowsthe DoAg commissioner to designate certain other veterinarians to act in the state veterinarian’s absence § 4 — FARM VIABILITY GRANT PROGRAM RENAMED Renames the Farm Viability Grant Program as the Agricultural Enhancement Grant Program § 5 — CONVEYING PORTIONS OF LAND IN THE FARMLAND PRESERVATION PROGRAM Gives owners of land that DoAg acquires the development rights to under the Farmland Preservation Program the right to subdivide or lease a portion of the property under certain circumstances § 7 — HONEY AND MAPLE SYRUP PRODUCTION PENALTIES Subjects anyone who violates the state’s statutes and regulations on honey and maple syrup production to certain fines sHB6725 / File No.

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533 § 8 — REQUIREMENTS FOR EGGS SOLD DIRECTLY TO CONSUMERS Requires egg producers who sell eggs directly to household users to meet certain safety standards and labeling requirements §§ 9 & 10 — APPLE MARKETING ADVISORY BOARD Renames the Apple Marketing Board as the Apple Marketing Advisory Board;

places it within DoAg for administrative purposes only;

sets out the board’s responsibilities and membership § 11 — SMALL-SCALE AQUACULTURE OPERATIONS Requires the DoAg commissioner to encourage the growth of small- scale aquaculture operations;

allows him to lease shellfish grounds to these operations SUMMARY This bill makes changes in various statutes and programs related to the Department of Agriculture (DoAg), as summarized in the section- by-section analysis below.

EFFECTIVE DATE:

Upon passage unless otherwise specified below.

§ 1 — FARMLAND RESTORATION GRANT PROGRAM Revises this program in various ways, such as removing a $20,000 cap on grants, allowing the available state grant to cover up to 90% of the costs to comply with certain farm plans, and allowing certain grant payments to be made within available appropriations The bill revises the Farmland Restoration Grant Program.

This matching grant program, administered by DoAg, generally encourages farmers to restore farmland that has gone out of production.

Under current law, the total federal and state grants available to a farmer cannot exceed 90% of the costs to comply with related plans under the program (i.e., comprehensive farm nutrient management plan, farmland restoration and climate resiliency plan, and farm resources management plan).

The bill instead prohibits the total state grant from exceeding 90% of the costs to implement and comply with the plans, removing consideration of federal grants.

The bill also eliminates a requirement that the DoAg commissioner, when making sHB6725 / File No.

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533 grants, give priority to capital improvements made under the plans.

Additionally, the bill removes a cap on grants for developing, implementing, and complying with a farm resources management plan or a farmland restoration and climate resiliency plan, including farm equipment purchases.

Currently, the cap for payments or reimbursements is generally the lesser of 50% of the plan’s cost or $20,000.

The bill correspondingly eliminates current law’s cap for plans related to state-owned land or municipally owned land with an agricultural lease of five years or longer (i.e., the lesser of 90% of the plan’s cost or $20,000).

The bill also eliminates authority to provide grants specifically for developing a farm resources management plan.

Current law allows the grants to cover the cost of farm equipment purchases.

The bill allows this within available appropriations.

It also allows the grants for developing a farmland restoration and climate resiliency plan to be within available appropriations.

Currently, the DoAg commissioner may pay or reimburse certain entities (i.e., a municipality, nonprofit organization, soil and water conservation district, or UConn Extension Services) for a variety of services (e.g., technical assistance, training, pilot programs, and other services designed to increase the number of farmers implementing climate-smart agriculture and forestry practices).

Current law does not cap these grants.

Under the bill, the commissioner can make these payments or reimbursements within available appropriations, but advance payments cannot exceed 50% of the cost and the total state grant cannot be more than 90% of the cost.

EFFECTIVE DATE:

October 1, 2023 §§ 2 & 6 — ADVERTISING LOCAL AGRICULTURE Removes farm products produced over state lines from the Connecticut Grown program;

eliminates provisions on using certain advertising terms Current law prohibits anyone from advertising farm products as “native,” “native-grown,” “local,” or “locally-grown” unless they are grown or produced in Connecticut or within a 10-mile radius of the sHB6725 / File No.

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533 point of sale.

The bill removes provisions in law authorizing the use of these terms.

As under existing law, only farm products grown or produced in Connecticut may be advertised or sold as “CT-Grown” or “Connecticut- Grown.” The bill removes a provision in law that, in practice, has been interpreted as allowing sellers to use these terms if they are selling products that were grown or produced within a 10-mile radius of the point of sale, even if out of state.

By law, someone who fails to comply with the advertising requirements is subject to a fine of up to $100 for each label that is in violation.

The bill also makes a technical change (§ 2).

§ 3 — EXERCISING THE STATE VETERINARIAN’S AUTHORITY Makes the state veterinarian the state animal health official;

allows the DoAg commissioner to designate certain other veterinarians to act in the state veterinarian’s absence The bill designates the state veterinarian, who is a DoAg employee, the state animal health official, rather than the state’s chief livestock health official as under current law.

It also allows the DoAg commissioner to designate one or more veterinarians to exercise the state veterinarian’s authority, power, and duties in her absence.

The veterinarians designated must be state licensed and accredited by the U.S.

Department ofAgriculture andhave at least three years’ experience in large animal practice.

§ 4 — FARM VIABILITY GRANT PROGRAM RENAMED Renames the Farm Viability Grant Program as the Agricultural Enhancement Grant Program The bill renames the Farm Viability Grant Program as the Agricultural Enhancement Grant Program.

DoAg administers this matching grant program to further agriculture in the state.

The program is open to municipalities, groups of municipalities, regional councils of governments, and agricultural non-profits.

The bill also specifies that grants for local capital projects fostering agriculturalviabilityshouldbespecificallyfosteringcollectiveresources sHB6725 / File No.

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533 for agricultural viability.

§ 5 — CONVEYING PORTIONS OF LAND IN THE FARMLAND PRESERVATION PROGRAM Gives owners of land that DoAg acquires the development rights to under the Farmland Preservation Program the right to subdivide or lease a portion of the property under certain circumstances Through the Farmland Preservation Program, DoAg purchases the development rights for an agricultural property, placing on the deed a permanent restriction on non-agricultural uses, ensuring that the land stays in agricultural production but also remains privately owned by the farmers.

The bill expands the types of conveyances (transfers) that a property owner can make without infringing on the development rights that DoAg purchased under the program.

Currently, a property owner can sell their entire property,or lease it for upto 25years, if the property will be maintained as agricultural land.

Under the bill, property owners can additionally do this for just a portion of their property without infringing on the development rights DoAg acquired.

§ 7 — HONEY AND MAPLE SYRUP PRODUCTION PENALTIES Subjects anyone who violates the state’s statutes and regulations on honey and maple syrup production to certain fines By law, the preparation, packaging, labeling, and sale of honey and maple syrup produced in Connecticut comes under DoAg’s licensing, inspection, and enforcement authority.

The bill subjects anyone who violates state statutes and regulations on honey and maple syrup production to a $50 fine for a first offense and a $200 fine for each subsequent offense.

Additionally, the DoAg commissioner may deny, suspend, or revoke a honey and maple syrup producer’s state-issued credential under the Uniform Administrative Procedure Act.

§ 8 — REQUIREMENTS FOR EGGS SOLD DIRECTLY TO CONSUMERS Requires egg producers who sell eggs directly to household users to meet certain safety standards and labeling requirements The bill requires egg producers who sell eggs directly to household sHB6725 / File No.

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533 users (e.g., at a farm, farm stand, or market) to sell only eggs that are unadulterated, clean, and kept stored at a temperature of up to 45 degrees Fahrenheit.

Additionally, it requires these egg producers to label their eggs with the producer’s name and address, the type of egg (if not chicken eggs), the quantity of eggs, and safe food handling instructions.

The label must not contain false or misleading information.

Anyone who violates these provisions is subject to a fine of up to $50 for the first offense and up to $200 for each subsequent offense (CGS § 22-49).

§§ 9 & 10 — APPLE MARKETING ADVISORY BOARD Renames the Apple Marketing Board as the Apple Marketing Advisory Board;

places it within DoAg for administrative purposes only;

sets out the board’s responsibilities and membership The bill restructures the state’s Apple Marketing Board and renames it the Apple Marketing Advisory Board.

The bill places the board within DoAg for administrative purposes, and requires the board to assist and advisetheDoAgcommissionerwithcarryingoutthestatelawsonapple market orders.

A “market order” is an order the commissioner issues related to marketing research and promotion of apples and apple products.

Responsibilities Similar to current law, the bill requires the board to prepare and submit the following to the DoAg commissioner for his review and consideration:

1.

recommendations on (a) the apple market order, including revisions to it, and (b) a publicity program to maintain and enhance apple markets and create new ones;

2.

a proposed budget to implement the apple market order;

3.

marketing research proposals that benefit the state’s apple industry;

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recommendations to collect the apple market assessment that is chargedtoappleproducerstoimplementtheapplemarketorder.

As under existing law, the bill prohibits the board from (1) referring to any particular brand or trade name in its publicity program recommendations or (2) disparaging the quality, value, sale, or use of any other agricultural commodity.

The bill also removes requirements for the board to annually appoint an auditor to audit the apple market assessments collected and give the Auditors of Public Accounts a copy of the audit.

Membership Under the bill, similar to current law, the board consists of eight members, including six apple producers, one member of the general public, and the economic and community development commissioner or her designee, who serves as a nonvoting member.

Three alternate members are also selected to fill in as needed.

Members serve three-year terms and may be reappointed.

Members receive no compensation but are reimbursed for necessary expenses incurred in fulfilling their duties.

Under current law, three of the six apple producers come from west of the Connecticut River and the other three come from east of the river.

The bill removes this geographical requirement.

As under existing law, the DoAg commissioner appoints the apple producers from nominations given to him from the Connecticut Pomological Society or any apple producer.

He also appoints the member from the general public.

Current law requires the commissioner to appoint three alternate members, one from west of the river, one from east of the river, and one from the general public.

The bill instead requires him to select three alternates, two who are apple producers and one from the general public.

Alternate members may attend all meetings and the board’s chairperson will call upon them as needed to fill in for absent members.

At the board’s first meeting, members must select a chairperson from among its members and other officers as the board deems necessary.

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533 The bill specifies that a majority of appointed members constitutes a quorum.

Under current law, a quorum consists of five members (i.e., four apple producers and the member from the general public).

§ 11 — SMALL-SCALE AQUACULTURE OPERATIONS Requires the DoAg commissioner to encourage the growth of small-scale aquaculture operations;

allows him to lease shellfish grounds to these operations The bill requires the DoAg commissioner to encourage the development and expansion of small-scale aquaculture operations for shellfish.

A “small-scale aquaculture operation” is an aquaculture operation that (1) operates in 150 acres or less of shellfish grounds or (2) has operated to produce shellfish for four or fewer years.

The bill allows the commissioner to designate shellfish grounds available for annual leasing to small-scale aquaculture operations.

He may require that all bidders be small-scale aquaculture operators or offer leases at a fixed price that the commissioner sets.

The operations must obtain all necessary licenses required under the state shellfisheries laws and are subject to DoAg inspections and regulations.

COMMITTEE ACTION Environment Committee Joint Favorable Substitute Yea 22 Nay 11 (03/24/2023) sHB6725 / File No.

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