HB 5222 — AN ACT ESTABLISHING A NO-WAKE ZONE ON THE PAWCATUCK RIVER AND AUTHORIZING THE PURCHASE OF CERTAIN RIPARIAN BUFFERS.

House ofBill Representatives File No.

6305222 GeneralPublic AssemblyAct February Session, 2024Reprint of File No.

100)24-10 HouseAN BillACT No.ESTABLISHING A NO-WAKE ZONE ON THE PAWCATUCK RIVER AND AUTHORIZING THE PURCHASE OF CERTAIN RIPARIAN BUFFERS.

5222 As Amended by House Amendment Schedule "A" Approved by the Legislative Commissioner May 1, 2024 AN ACT ESTABLISHING A NO-WAKE ZONE ON THE PAWCATUCK RIVER AND AUTHORIZING THE PURCHASE OF CERTAIN RIPARIAN BUFFERS.

(NEW) (Effective from passage) Notwithstanding any provision of the general statutes, the Department of Energy and Environmental Protection may utilize funds available for stormwater infrastructure for HB5222the /purpose Fileof No.acquiring conservation easements located along streams and rivers in the state, provided any such conservation easement requires the property owner to maintain a buffer along such stream or river in a vegetated condition.

630The HB5222Commissioner Fileof Energy and Environmental Protection may determine the percentage of such funds House Bill No.

6305222 theto purposebe ofutilized acquiringfor conservation easements located along streams and rivers in the state,purposes provideddescribed any such conservation easement requires the property owner to maintain a buffer along such stream or river in athis vegetatedsection. condition.

The Commissioner of Energy and Environmental Protection may determine the percentage of such funds to be utilized for the purposes described in this section.

ThisApproved actMay shall14, take2024 effectPublic asAct followsNo. and shall amend the following sections:

Section24-10 12 Julyof 1,2 2024 New section Sec.

2 from passage New section HB5222 / File No.

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630 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 25 $ FY 26 $ Resources of the General Fund GF - Potential Minimal Minimal Revenue Gain Note:

GF=General Fund Municipal Impact:

None Explanation The bill, which establishes a slow-no-wake zone on a portion of the Pawcatuck River and makes a violation of the zone an infraction, results in a potential annual minimal General Fund revenue gain from fines beginning in FY 25.

The amount of the revenue gain, if any, depends on the number of boaters fined and the amount of the infraction fine, which is not defined by the bill.

If the bill passes and is codified with the portion of statute addressing boating safety, the fine will be $80;

however, if codified elsewhere, the fine is unknown.

House "A" alters the original bill by allowing the Department of Energy and Environmental Protection to use stormwater infrastructure funds to acquire conservation easements under certain circumstances.

This provision has no fiscal impact as it does not require additional resources to be spent.

The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to the number of fines levied and any changes in the applicable fine.

HB5222 / File No.

630 3 HB5222 File No.

630 OLR Bill Analysis HB 5222 (as amended by House "A")* AN ACT ESTABLISHING A NO-WAKE ZONE ON THE PAWCATUCK RIVER.

SUMMARY This bill allows the Department of Energy and Environmental Protection (DEEP) to use funds available for stormwater infrastructure to acquire conservation easements along streams and rivers in the state, regardless of any state law requiring otherwise.

The DEEP commissioner may set the percentage of stormwater infrastructure funds that may be used for this purpose.

The property owner of an acquired conservation easement must keep native trees, shrubs, and herbaceous cover along the stream or river instead of lawn, golf courses, and athletic fields (i.e., a “vegetated condition” buffer).

The bill also creates a “slow-no-wake” zone for boating vessel operators on the Pawcatuck River, which is near the Rhode Island border, between Pawcatuck Rock (red marker No.

16) and Graves Neck (red market No.

6).

It makes a violation of the zone an infraction, and requires the DEEP commissioner to administer the provision.

“Slow-no-wake” is defined in DEEP boating safety regulations.

It means that a vessel must (1) produce no more than a minimum wake and (2) not go faster than six miles per hour over the ground unless a higher speed is needed to maintain steerage in strong currents.

In no case can the vessel’s wake be strong enough to cause injury to people or damage to vessels or structures (Conn.

Agencies Regs., § 15-121-A1(j)).

*House Amendment “A” adds the provisions on conservation easements and vegetated condition buffers.