HB 5223 — AN ACT CONCERNING MINOR REVISIONS TO AGRICULTURE RELATED STATUTES AND TO OPEN SPACE ACQUISITION RELATED STATUTES.

660A sHB5223licensed Fileveterinarian, upon request of the Chief Animal Control Officer, any animal control officer, Public Act No.

66024-69 licensed8 veterinarianof in21 accordanceSubstitute withHouse subsectionBill (a)No. of section 22- 339c.

A5223 licensed veterinarian, upon request of the Chief Animal Control Officer, any animal control officer, municipal animal control officer or regionalanimalcontrolofficerregional shallsubmitanimal tosuchofficercontrol acopyofficer ofsuchshall certificatesubmittosuchofficer andacopyofsuchcertificateandanyassociatedrabies any associated rabies vaccination records for such dog or cat that has bitten a person or another animal.

sHB5223Sec. / File No.

6609. sHB5223 File No.

660Section This7-131d actof shallthe take2024 effectsupplement asto followsthe andgeneral shallstatutes amendis repealed and the following sections:is substituted in lieu thereof (Effective July Public Act No.

Section24-69 19 fromof passage21 22-327Substitute Sec.House Bill No.

25223 from1, passage2024): 22-367 Sec.

3(a) fromThere passageis 22-380f(a)established Sec.the protected open space and watershed land acquisition grant program.

4The fromprogram passageshall 22-413provide Sec.grants to municipalities and nonprofit land conservation organizations to acquire land or permanent interests in land for open space and watershed protection and to water companies, as defined in section 25-32a, to acquire and protect land which is eligible to be classified as class I or class II land, as defined in section 25-37c, after acquisition.

5All fromlands passageor 22-415ainterests Sec.in land acquired under this program shall be preserved in perpetuity predominantly in their natural scenic and open condition for the protection of natural resources while allowing for recreation consistent with such protection and, for lands acquired by water companies, allowing for the improvements necessary for the protection or provision of potable water.

6(b) fromGrants passagemay 22-90be Sec.made under the protected open space and watershed land acquisition grant program established under subsection (a) of this section or under the Charter Oak open space grant program established under section 7-131t to match funds for the purchase of land or permanent interests in land which purchase meets one of the following criteria:

7(1) fromProtects passageland 22-131(a)identified Sec.as being especially valuable for recreation, forestry, fishing, conservation of wildlife or natural resources;

8(2) fromprotects passageland Newwhich sectionincludes Sec.or contributes to a prime natural feature of the state's landscape, including, but not limited to, a shoreline, a river, its tributaries and watershed, an aquifer, mountainous territory, ridgelines, an inland or coastal wetland, a significant littoral or estuarine or aquatic site or other important geological feature;

9(3) fromprotects passagehabitat 22-339bfor sHB5223native /plant Fileor No.animal species listed as threatened or endangered or of special concern, as defined in section 26-304;

660(4) 10protects sHB5223a Filerelatively No.undisturbed outstanding example of a native ecological community which is now uncommon;

660(5) Theenhances following Fiscal Impact Statement and Billconserves Analysiswater arequality prepared for the benefit of the membersstate's oflakes, therivers General Assembly, solely for purposes of information, summarization and explanationPublic andAct doNo. not represent the intent of the General Assembly or either chamber thereof for any purpose.

In24-69 general,10 fiscal impacts are based upon a variety of informational21 sources,Substitute includingHouse theBill analyst’sNo. professional knowledge.

Whenever5223 applicable,coastal agencywater; data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA(6) Fiscalpreserves Notelocal Stateagricultural Impact:heritage;

Agencyor Affected(7) Fund-Effectin FYthe 25case $of FYgrants 26to $water Insurancecompanies, Dept.protects land which is eligible to be classified as class I land or class II land after acquisition.

IF[The -commissioner Costmay 50,000make Nonea Resourcesgrant ofunder the Generalprotected Fundopen GFspace -and Potentialwatershed Upland acquisition grant program to Upa distressed municipality or a targeted investment community, as defined in section 32-9p, for restoration or protection of natural features or habitats on open space already owned by the municipality, including, but not limited to, wetland or wildlife or plant habitat restoration or restoration of other sitestoamorenaturalcondition,orreplacementofvegetation,provided the total amount of grants to Revenuesuch Gainmunicipalities $25,000for $25,000such Note:purposes may not exceed twenty per cent of the total amount of grants made in any fiscal year.] (c) Grants may be made under the protected open space and watershed land acquisition grant program established under subsection (a) of this section for restoration or protection of natural features or habitats on open space already owned by a (1) distressed municipality, as defined in section 32-9p, (2) targeted investment community, as defined in section 32-222, (3) municipality, provided such open space is located in an environmental justice community, as defined in section 22a-20a, or (4) nonprofit land conservation organization, provided such open space is located in a distressed municipality, targeted investment community or environmental justice community.

GF=GeneralSuch Fund;restoration or protection may include, but need not be limited to, wetland, wildlife or plant habitat restoration or restoration of other sites to a more natural condition or replacement of vegetation.

IF=InsuranceThe Fundtotal Municipalamount Impact:of grants made pursuant to this subsection shall not exceed twenty per cent of the total amount of grants made pursuant to the open space and watershed land acquisition grant program in any fiscal year.

None[(c) ExplanationNo] The(d) bill(1) resultsExcept inas aprovided potentialin Generalsubdivision Fund(2) revenue gain of upthis tosubsection, $25,000no pergrant year,may beginningbe inmade FYunder 25,the fromprotected requiringopen businessesspace to get separate commercial kennel, grooming facility, and trainingPublic facilityAct licensesNo. from the Department of Agriculture.

The24-69 annual11 revenue gain will be dependent on the number of licensed21 commercialSubstitute kennelsHouse thatBill areNo. also engaged in the business of grooming or training that will need to obtain a separate license for these operations.

The5223 billwatershed alsoland requiresacquisition thegrant Insuranceprogram Departmentestablished (DOI)under tosubsection conduct(a) aof feasibilitythis studysection foror establishingunder athe captiveCharter insuranceOak companyopen tospace assistgrant farmersprogram impactedestablished byunder severesection weather.7-131t for:

This[(1)] results(A) inLand anto Insurancebe Fundused costfor ofcommercial approximatelypurposes $50,000or infor FYrecreational 25purposes forrequiring DOIintensive todevelopment, hireincluding, anbut actuarialnot firmlimited withto, expertisegolf incourses, catastrophedriving modelingranges, totennis conductcourts, theballfields, studyswimming pools and produceuses aby reportmotorized vehicles other than vehicles needed by Januarywater 1,companies 2025.to carry out their purposes, provided trails or pathways for pedestrians, motorized wheelchairs or nonmotorized vehicles shall not be considered intensive development;

DOI[(2)] does(B) notland havewith environmental contamination over a significant portion of the capacityproperty toprovided dogrants for land requiring remediation of environmental contamination may be made if remediation will be completed before acquisition of the studyland internally.or any interest in the land and an environmental assessment approved by the Commissioner of Energy and Environmental Protection has been completed andno environmentaluse restrictionappliesto theland;

The[(3)] otherprovisionsofthebillmakemodificationstocurrentstatutes(C) thatland arewhich nothas anticipatedalready tobeen resultcommitted infor apublic stateuse, orexcept municipalas fiscalprovided impact.in subsection (c) of section 7-131g;

House[(4)] "A"(D) addeddevelopment thecosts, requirementincluding, thatbut thenot (DOI)limited conductto, aconstruction feasibilityof sHB5223ballfields, /tennis Filecourts, No.parking lots or roadways;

660[(5)] 11(E) sHB5223land Fileto No.be acquired by eminent domain;

660or study[(6)] for(F) establishingreimbursement aof captivein-kind insuranceservices companyor toincidental assistexpenses farmers,associated whichwith resultsthe inacquisition an Insurance Fund cost of approximatelyland. $50,000 in FY as described above.

House"A"alsomodifiestheagewhenadogorcatmustbevaccinatedThis againstsubsection rabies,shall whichnot isprohibit notthe expectedcontinuation of agricultural activity, the activities of a watercompanyforpublicwatersupplypurposesorthesellingoftimber incidental to resultmanagement of the land which management is in aaccordance fiscalwith impact.approved forest management practices provided any proceeds of such timber sales shall be used for management of the land.

TheIn Outthe Yearscase Theof annualizedland ongoingacquired fiscalunder impactthis identifiedsection abovewhich willis continuedesignated subjectas a state park, any fees charged by the numberstate for use of businessessuch applyingland annuallyshall forbe multipleused licenses.by the state in accordance with the provisions of title 23.

sHB5223(2) /Grants Filein a total amount not exceeding five per cent of the total amount of grants made pursuant to the open space and watershed land Public Act No.

66024-69 12 sHB5223of File21 Substitute House Bill No.

6605223 OLRacquisition Billgrant Analysisprogram sHBin 5223any (asfiscal amendedyear bymay Housebe "A")*made ANto ACTdistressed CONCERNINGmunicipalities, MINORas REVISIONSdefined TOin AGRICULTUREsection RELATED32-9p, STATUTES.targeted investment communities, as defined in section 32-222, nonprofit land conservation organizations and municipalities, for the purpose of reimbursement for in-kind services or incidental expenses associated with the acquisition of land, including, but not limited to, survey fees, appraisal costs and legal fees, provided such land is located in a distressed municipality, targeted investment community or environmental justice community, as defined in section 22a-20a.

SUMMARY[(d)] This(e) billAny makesmunicipality numerousor unrelatedgroup changesof contiguous municipalities may apply to agriculture-relatedthe statutes.Commissioner of Energy and Environmental Protection for a grant-in-aid of a program established to preserve or restrict to conservation or recreation purposes the use of open space land.

ItSuch primarilygrant doesshall be used for the following:acquisition of land, or easements, interests or rights therein, or for the development of such land, or easements, interests or rights therein, for purposes set forth in this section, or both, in accordance with a plan of development adopted by the municipal planning commission of the municipality within which the land is located.

1.Any application for a grant-in-aid relating to land located beyondtheterritoriallimitsoftheapplyingmunicipality shallbesubject to approval of the legislative body of the municipality within whose territorial limits the land is located.

requiresA businessesmunicipality toapplying getfor separateaid commercialunder kennel,this groomingsection, facility,may anddesignate trainingits facilityconservation licensescommission fromas theits Departmentagent ofto Agriculturemake (DoAg)such byapplication. removing current exemptions in the definitions of grooming facility and training facility;

2.[(e)] (f) At closing, a permanent conservation easement, as defined in section 47-42, shall be executed for any property purchased with grant funds, which conservation easement shall provide that the property shall remain forever predominantly in its natural and open condition for the specific conservation, open space or water supply purposes for which it was acquired provided any improvements or changes to the property shall be supportive of such condition or purposes.

specifiesThe thatPublic aAct groomingNo. facility, which is a place maintained to groom dogs, includes a vehicle or trailer used for a dog grooming business;

3.24-69 13 of 21 Substitute House Bill No.

removes5223 thepermanent requirementconservation thateasement theshall governor’sbe eightin appointeesfavor toof the Milkstate Regulationacting Boardthrough (which is responsible for adopting regulations on the saleCommissioner and production of milkEnergy and milkEnvironmental products)Protection, beor confirmedhis bydesignee, eitherwhich Generalmay Assemblybe chamber,a allowingmunicipality themor toa beland seatedconservation withoutorganization. legislative review;

4.In the case of land acquired for water supply protection, a water company may hold an easement in conjunction with the state or a nonprofit entity to protect the water supply.

allowsSuch apermanent municipalconservation poundeasement toshall usealso include a voucherrequirement fromthat the Animalproperty Populationbe Controlmade Programavailable (seeto BACKGROUND)the togeneral getpublic anyfor dogappropriate orrecreational cat,purposes, ratherthe thanmaintenance onlyof oneswhich withrecreational pyometra,access sterilizedshall andbe vaccinatedthe beforeresponsibility of the animalgrantee isprovided purchasedsuch access shall not be required for land which will be classified as class I or adoptedclass fromII land by awatercompanyifsuchaccessisinconsistent withtheprovisionofpure drinking water to the pound;public.

5.An exception to the provision of public recreational access may be made at the discretion of the Commissioner of Energy and Environmental Protection when provision for public access would be unreasonably detrimental to the wildlife or plant habitat or other natural features of the property or, for land where development rights have been purchased, would be disruptive of agricultural activity occurring on the land.

removesAny ainstrument requirementconveying thatan theinterest statein veterinarianland signless athan healthfee certificatewhich thatinterest ais state-licensedpurchased veterinarianunder issuesthis section shall provide for anthe equinepermanent sHB5223preservation /of Filethe No.land and public access consistent with the land's use or protection and with any restrictions prescribed by the Department of Public Health in order to protect a public drinking water source.

660Sec. 13 sHB5223 File No.

66010. (e.g., horse) being brought to public auction and defines “Cogginstest”astheofficialtest for equineinfectiousanemia(for which equines being auctioned must test negative by law);

6.Subsections(b) and(c)ofsection7-131e ofthegeneralstatutes arerepealedandthefollowingissubstitutedinlieuthereof(EffectiveJuly 1, 2024):

removestheminimumqualificationsforapersontobeappointed(b) byThere is established a Natural Heritage, Open Space and Watershed Land Acquisition Review Board to assist and advise the statecommissioner entomologistin carrying out the provisions of sections 7-131d to 7- 131g, inclusive, as anamended apiaryby inspector;this act, and sections 23-73 to 23-79, Public Act No.

and24-69 7.14 of 21 Substitute House Bill No.

specifies5223 thatinclusive. dogs and cats that must receive a rabies vaccination (i.e., those at least 12 weeks of age or the vaccine manufacturer’s recommended age as approved by the U.S.

DepartmentUpon establishment of Agriculture,the ratherreview thanboard atand leastselection threeof monthsa oldchairman as under currentthis law)section, mustthe bereview vaccinatedboard before(1) theshall animalprovide iscomments 14on weeksselection old.criteria, policies and procedures;

Additionally,(2) theshall billpromote requirespublic theparticipation; insurance commissioner, in consultation with the agriculture commissioner, to study the feasibility of establishing a captive insurance company to provide financial help to farmers in Connecticut who are impacted by severe weather.

The(3) insuranceshall commissionerprovide mustguidance reportand recommendationsconduct toreview theInsuranceof andstrategies Realfor Estateland Committeeprotection, byincluding Januarystrategies 1,under 2025.section 23-8;

The(4) billshall alsoreview makesand technicalevaluate changes.grant award policies and procedures;

*Houseand Amendment(5) “A”may addsprovide provisionscomments on (1)any rabiesapplication vaccinationsfor andfunds (2)not alater farmersthan captiveforty-five insurancedays study.after such application is submitted to the chairman.

EFFECTIVEUpon DATE:establishment of the board, the commissioner shall take such comments into consideration in making any decisions regarding such grants.

Upon(c) passageThe §review 1board —shall COMMERCIALconsist KENNEL, GROOMING, AND TRAINING SERVICES By removing the exemption for commercial kennels from the definitions of “grooming[twenty-one] facility”twenty-three andmembers “trainingas facility”follows: and removing the exemption for grooming facilities from the definition of “training facility,” the bill requires a business to get a license from DoAg for each activity it conducts.

Correspondingly,(1) itThe requireschairpersons and ranking members of the businessbonding tosubcommittee complyof withthe joint standing committee of the statutoryGeneral requirementsAssembly forhaving eachcognizance licenseof typematters asrelating ato separatefinance, entity.revenue and bonding;

Under(2) currentone law,member commercialof kennelsthe thatjoint alsostanding groomcommittee orof trainthe sHB5223General /Assembly Filehaving No.cognizance of matters relating to the environment, appointed by the speaker of the House of Representatives, and one member of the joint standing committee of the General Assembly having cognizance of matters relating to planning and development, appointed by the president pro tempore of the Senate, each of whom shall be ex-officio members of the board;

660(3) 14the sHB5223Secretary Fileof No.the Office of Policy and Management, or his designee;

660(4) dogs,a representative of the business community and groominga facilitiesperson thatexperienced alsoin trainissues dogs,relating areto exemptaccess fromto thepublic additionalfacilities licensureby requirements.persons with disabilities, appointed by the Governor;

Bylaw,acommercialkennellicense(5) costs$400.Groomingfacilityandone trainingrepresentative facilityfrom licensesan costinvestor-owned $200water each.utility, appointed by the minority leader of the Senate;

Each(6) licenseone expiresrepresentative thefrom Decembera 31stmunicipal followingwater itsutility, issuanceappointed andby maythe beminority renewedleader everyof twothe years.House of Representatives;

Licensees(7) mustone complyrepresentative withfrom statea regulationsregional onwater sanitation,utility, disease,appointed humaneby treatmentthe ofminority animals,leader andof publicthe safetySenate; as well as municipal zoning regulations (CGS § 22-344).

§(8) 6one —representative APIARYwho INSPECTORis Thea billrealtor removesor theattorney with a minimum qualificationsof forfive an[years] apiaryyears' inspector.experience in real estate transfers, appointed by the Public Act No.

Under24-69 current15 law, to be appointed as an inspector by the state entomologist, a person must meet the qualifications of an21 AgriculturalSubstitute ResearchHouse TechnicianBill IINo. at the Connecticut Agricultural Experiment Station and have at least five years of beekeeping experience or three years of experience as a bee inspector.

BACKGROUND5223 Animalspeaker Populationof Control Program Vouchers By law, municipal pounds cannot sell or give away an unspayed or unneutered dog or cat unless the personHouse buyingof orRepresentatives; adopting the animal pays $45 for a spay and neuter voucher.

Theone personrepresentative canwith redeema theminimum voucherof atfive a[years] participatingyears' veterinarianexperience forin sterilizationthe andconstruction vaccinationindustry services, or theland pounddevelopment, canappointed arrangeby for the servicespresident beforepro releasingtempore of the animal.Senate;

If(9) thetwo veterinarianrepresentatives determinesof interest groups primarily concerned with the animalconservation isof medicallyriver unfitwatershed forregions, sterilization,appointed one each by the personmajority mayleaders applyof tothe DoAgHouse forof aRepresentatives refund.and the Senate;

COMMITTEE(10) ACTIONthree Environmentrepresentatives Committeefrom Jointnonprofit Favorableorganizations Substituteprimarily Yeaconcerned 34with Nayenvironmental 0protection (03/08/2024)or sHB5223natural /resource Fileconservation No.with a minimum of five [years] years' experience in land conservation and acquisition, appointed one each by the Governor, the speaker of the House of Representatives and the president pro tempore of the Senate;

660[and] 15(11) one chief elected official of a town with a population less than twenty thousand and one chief elected official of a town with a population greater than twenty thousand, appointed by the Governor;

(12) one member who is a representative of a community of color, low-income community or community-based organization, or professor from a college or university in the state with expertise in environmental justice, appointed by the Commissioner of Energy and EnvironmentalProtection;and(13)onememberwhoresidesinaUnited States census block group, as determined in accordance with the most recent United States decennial census, for which thirty per cent or more of the population consists of low-income persons who are not institutionalized and have an income below two hundred per cent of the federal poverty level, appointed by the Commissioner of Energy and Environmental Protection.

The members, other than the members described in subdivisions (1), (2) and (3) of this subsection, shall serve terms of three years provided the terms of the members described in subdivisions (4) to (8), inclusive, of this subsection who are appointed in the year after July 1, 1998, shall expire on October 1, 1999, and further provided the terms of the members described in subdivisions (9) to (11), inclusive, of this subsection shall expire on October 1, 2000.

The board shall elect a chairman from among its members and shall make such election on or before October 1, 1998.

Members of the board shall serve Public Act No.

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5223 until reappointed or replaced.

Sec.

11.

Subsection (a) of section 7-131g of the 2024 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2024):

(a) The Commissioner of Energy and Environmental Protection may make grants under the open space and watershed land acquisition program to:

(1) Municipalities for acquisition of land for open space under subdivisions (1) to (6), inclusive, of subsection (b) of section 7- 131d, as amended by this act, in an amount not to exceed sixty-five per cent of the fair market value of a parcel of land or interest in land proposed to be acquired;

(2) municipalities for acquisition of land for class I and class II water supply protection under subdivision (5) of subsection (b) of said section 7-131d, in an amount not to exceed sixty- five per cent of such value;

(3) nonprofit land conservation organizations for acquisition of land for open space or watershed protection under subdivisions (1) to (6), inclusive, of subsection (b) of said section 7-131d, in an amount not to exceed sixty-five per cent of such value;

(4) water companies for acquisition of land under subdivision (7) of subsection (b) of said section 7-131d, in an amount not to exceed sixty-five per cent of such value provided if such a company proposes in a grant application that it intends to allow access to such land for recreational uses, such company shall seek approval of the Commissioner of Public Health for such access;

and (5) distressed municipalities, as defined in section 32-9p or targeted investment communities, as defined in section [32-9p] 32-222, municipalities containing one or more environmental justice communities, as defined in section 22a-20a, or, with the approval of the chief elected official or governing legislative body of such a municipality or community, to a nonprofit land conservation organization or water company, for acquisition of land within that municipality or community, for open space under subdivisions (1) to (6), inclusive, of subsection (b) of said Public Act No.

24-69 17 of 21 Substitute House Bill No.

5223 section 7-131d, in an amount not to exceed seventy-five per cent of such value or for performance of work in the restoration, enhancement or protection of resources in an amount not to exceed fifty per cent of the cost of such work.

Applicants for grants under the program shall provide a copy of the application to the chairperson of the review board established under section 7-131e, as amended by this act.

The board shall provide comments to the commissioner on pending applications as it deems necessary.

Sec.

12.

Subsection (a) of section 7-131e of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2024):

(a) Grant award decisions under the protected open space and watershed land acquisition grant program established under section 7- 131d, asamendedby thisact, or under theCharterOakopenspace grant program established under section 7-131t shall be made by the Commissioner of Energy and Environmental Protection at least semiannually.Allcompleteandeligiblegrantapplicationsshallbeacted upon by the commissioner as soon as practicable.

A single project may receiveagrantinmorethanonegrantcycle,subjecttofutureavailability of funds and subject to the limitations set forth in this section and sections 23-78, 12-498 and 7-131d, as amended by this act.

Up to five per cent of the grant funds may be used for administrative expenses including, but not limited to:

(1) Contractors to assist the Department of Energy and Environmental Protection in the review and evaluation of grant proposalsandbaseline datacollectionfor conservationeasements;

(2) appraisals or appraisal reviews;

and (3) preparation of legal and other documents.

Administrative expenses may not be used for staff salaries.

Not later than September 1, 1998, for the protected open space and watershed land acquisition grant program established under section 7-131d, as amended by this act, and not later than September 1, 2000, for the Charter Oak open space grant program account established Public Act No.

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5223 under section 7-131t, the commissioner shall develop written guidelines and a ranking system for consistency and equity in the distribution of grant awards under the protected open space and watershed land acquisition grant program established under section 7-131d, as amended by this act, or under the Charter Oak open space grant program account established under section 7-131t based on the criteria listed in subsections (b), [and] (c) and (d) of section 7-131d, as amended by this act.

Consistent with such criteria, additional consideration shall be given to:

(A) Protection of lands adjacent to and complementary to adjacent protected open space land or class I or class II water company lands;

(B) equitable geographic distribution of the grants;

(C) proximity of a property to urban areas with growth and development pressures or to areas with open space deficiencies and underserved populations;

(D) protection of land particularly vulnerable to development incompatible with its natural resource values including the protection of a public water supply source;

(E) consistency with the state plan of conservation and development;

(F) multiple protection elements, such as water quality and supply protection, scenic preservation and farmland preservation;(G)theextenttowhichthepresenceofalreadyconstructed buildings or other man-made improvements diminish or overshadow the naturalresource value of a proposed acquisition, or its value relative to its cost;

and (H) preservation of forest lands and bodies of water which naturally absorb significant amounts of carbon dioxide.

Sec.

13.

Subsection (a) of section 23-8b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2024):

(a) Any contract for the protection of open space entered into by the Commissioner of Energy and Environmental Protection with BHC Company, Aquarion or Kelda Group, jointly or individually, and The Nature Conservancy, for purchase of land or interests in land from said companies shall be on such terms and conditions as are approved by the Public Act No.

24-69 19 of 21 Substitute House Bill No.

5223 commissioner.

Such terms and conditions shall provide for the filing on the land records in the town in which the land is located, restrictions or easements that provide that all land or interest in land subject to such purchase is preserved in perpetuity in its natural and open conditionfor the protection of natural resources and public water supplies.

Such restrictions or easements may allow only those recreational activities which are not prohibited in subsection [(c)] (d) of section 7-131d, as amended by this act, and shall allow for improvements and activities necessary only for land and natural resource management and safe and adequate potable water.

Such permanent restrictions or easements shall be in favor of the State of Connecticut acting through the Commissioner of Energy and Environmental Protection.

Such permanent restrictions or easements shall also include a requirement that the property be available to the general public for recreational purposes as permitted under subsection [(c)] (d) of section 7-131d, as amended by this act, and shall allow for the installation of such permanent fixtures as may be necessary to provide such permitted recreational activities.

The Department of Energy and Environmental Protection and the state are hereby authorized to carry out and fulfill their obligations under any such contract.

In addition to such rights as said companies may have pursuant to chapter 53, those rights in and to land or interests in land reserved by said companies in their conveyances to the state in accordance with the provisions of said contract shall be enforceable in equity.

Sec.

14.

(NEW) (Effective July 1, 2024) (a) Notwithstanding any provision of the general statutes, the Commissioner of the Department of Energy and Environmental Protection may acquire, in the name of the state and for flood control and protection and associated public purposes, not more than 25.7 acres of real property, or interests or rights therein, by purchase, gift, devise or exchange, or may take the same by eminent domain in the manner provided in part IV of chapter 238 of the general statutes, provided:

(1) Such acquisition occurs prior to October Public Act No.

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5223 1, 2034;

(2) the owner of any private property taken by eminent domain pursuant to this section shall be entitled to challenge the amount of compensation in accordance with section 13a-76 of the general statutes;

and (3) such property or interest therein is located in a municipality that was incorporated in 1836 and has a population between one hundred forty thousand and one hundred fifty thousand as reported in the 2010 federal decennial census and is necessary to construct a disaster relief, long-term recovery or infrastructure restoration project funded in 2016 by the Community Development Block Grant-National Disaster Resilience program, 81 CFR 36557.

(b) Whenever the Commissioner of the Department of Energy and Environmental Protection determines that the construction, operation, maintenance, repair or reconstruction of the property described in subdivision (3) of subsection (a) of this section or the flood control and protection improvements thereon, would necessitate the readjustment, relocation or removal of a public service facility, as defined in section 13a-126 of the general statutes, the commissioner may issue a readjustment, relocation or removal order to the company, corporation or municipality owning or operating such public service facility and such company, corporation or municipality shall readjust, relocate or remove such public service facility promptly, in accordance with such order, provided an equitable share of the cost of such readjustment, relocation or removal, including the cost of installing and constructing a public service facility of equal capacity in a new location, shall be borne by the state, within available appropriations, and calculated in accordance with section 13a-126 of the general statutes, as applied to state highways other than limited access highways.

Approved May 30, 2024 Public Act No.

24-69 21 of 21