HB 6501 — AN ACT CONCERNING THE STREAMLINING OF CERTAIN PROGRAMS OF THE DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION.

3511For 11 of 18 Raised Bill No.6501 manner and on the samepurposes termsofthis ascompact if the injuryterm oremployee deathshall wereinclude sustainedany withinsHB6501 such/ state.File No.

For208 the11 purposessHB6501 ofthisFile compactNo. the term employee shall include any volunteer or auxiliary legally included within the forest fire fighting forces of the aiding state under the laws thereof.

208 volunteer or auxiliary legally included within the forest fire fighting forces of the aiding state under the laws thereof.

The commission shall submit to the governor of each state, at such time as he may request, a budget of its estimated expenditures for such period as may be required by the laws of such state for presentation to LCOthe No.legislature thereof.

3511The 12commissionshall keep accurate booksofaccount,showing infull its receipts and disbursements, and said books of 18account Raisedshall Billbe No.6501open at any reasonable time to the legislatureinspection thereof.of such representatives of the sHB6501 / File No.

The208 commissionshall12 keepsHB6501 accurateFile booksofaccount,showingNo. infull its receipts and disbursements, and said books of account shall be open at any reasonable time to the inspection of such representatives of the respective signatory states as may be duly constituted for that purpose.

208 respective signatory states as may be duly constituted for that purpose.

LCONothing in this compact shall be construed to limit or restrict the powers of any state ratifying the same to provide for the prevention, control and extinguishment of forest fires, or to prohibit the enactment or enforcement of state laws, rules or regulations intended to aid in such sHB6501 / File No.

3511208 13 ofsHB6501 18File RaisedNo. Bill No.6501 Nothing in this compact shall be construed to limit or restrict the powers of any state ratifying the same to provide for the prevention, control and extinguishment of forest fires, or to prohibit the enactment or enforcement of state laws, rules or regulations intended to aid in such prevention, control and extinguishment in such state.

208 prevention, control and extinguishment in such state.

LCO(2) No.Not less than sixty days before the date of expiration of a certification, the commissioner shall provide notice of expiration and a renewal application to each holder of a certification.

3511If 14 of 18 Raised Bill No.6501 (2) Not less than sixty days before the date of expiration of a certification,signed the commissioner shall provide notice of expiration and a renewal applicationsHB6501 to/ eachFile licensee.No.

If208 a14 signedsHB6501 renewalFile applicationNo. accompanied by the applicable renewal fee is not received by the commissioner on or before midnight of the expiration date, or if the expiration date is a Saturday, Sunday, or a legal holiday, on or before midnight of the next business day, the license shall automatically lapse.

Failure208 ofapplication aaccompanied licenseeby tothe receiveapplicable arenewal noticefee is not received by the commissioner on or before midnight of the expiration anddate, renewalor applicationif shalltheexpirationdateisa notSaturday,Sunday,oralegalholiday,onorbefore preventmidnight aof lapsethe ofnext abusiness license.day, the certification shall automatically lapse.

Failure of a holder of a certification to receive a notice of expiration and renewal application shall not prevent a lapse of a certification.

Any holder of a certification that has lapsed more than one year or more shall be examined in accordance with the requirements of this section and any regulation adopted pursuant to the provisions of this section.

The LCOfees No.collected in accordance with this section shall be deposited in the General Fund.

3511There 15shall ofbe 18no Raisedrefund Billof No.6501a feesregistration collectedfee inif accordancea withproduct thissHB6501 section/ shallFile beNo. deposited in the General Fund.

There208 shall15 besHB6501 noFile refundNo. of a registration fee if a product is voluntarily withdrawn or cancelled before the end of its registration period.

208 is voluntarily withdrawn or cancelled before the end of its registration period.

LCOSuch No.authorized person may engage in discussions regarding an application and, if a resolution is reached, may withdraw the petition.

3511sHB6501 16/ ofFile 18 Raised Bill No.

6501208 Such16 authorizedsHB6501 personFile mayNo. engage in discussions regarding an application and, if a resolution is reached, may withdraw the petition.

208 (b) If a petition is withdrawn, the authorized person shall file written notice with the commissioner and serve a copy of the withdrawal notice upon all parties and intervenors, if any, to the proceeding.

11 from passage 22a-6bb LCOStatement No.of Legislative Commissioners:

3511In 17Section of8(f)(2), 18technical Raisedconforming Billchanges No.were made for adherence to standard drafting conventions.

6501sHB6501 Statement/ ofFile Purpose:No.

To208 make17 minorsHB6501 andFile technicalNo. revisions to various programmatic statutes of the Department of Energy and Environmental Protection in an effort to streamline aspects of such programs.

[Proposed208 deletionsENV areJoint enclosedFavorable inSubst. brackets.

ProposedsHB6501 additions/ areFile 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.] LCO No.

3511208 18 ofsHB6501 18File No.

208 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 22 $ FY 23 $ Department of Energy and GF - Potential Less than Less than Environmental Protection Revenue Gain 15,000 15,000 Note:

GF=General Fund Municipal Impact:

None Explanation The bill makes numerous changes to various environment-related statutes.

It requires that anyone whose certification lapses for more than one year must retake the pesticide applicator examination and submit the associated late fees to the Department of Energy and Environmental Protection (DEEP).

Currently, pesticide application certifications are valid for five years.

This is expected to result in a revenue gain to DEEP, anticipated to be less than $15,000 annually, as some amount of late fees are estimated to be collected by the agency.

1 Additionally, the bill establishes annual fees for people operating under various general permits issued by DEEP on or after October 1, 2021.

It requires applicants to pay the annual fee in addition to the registration fee required currently.

This is not anticipated to have a fiscal impact, although it may shift revenue collection from these 1Late fees under the bill are 10% of the renewal fee, plus 1.25% per month or part of a month, dating from when the certification lapsed.

sHB6501 / File No.

208 19 sHB6501 File No.

208 permits from one fiscal year to the next.

Unless a general permit specifies otherwise, the bill requires anyone conducting a regulated activity under a general permit to pay an annual fee of either $200 or $100 depending on the circumstance.

The bill makes other changes that are not anticipated to result in a 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 amount of late fees, and additional annual general permit fees submitted to DEEP.

sHB6501 / File No.

208 20 sHB6501 File No.

208 OLR Bill Analysis sHB 6501 AN ACT CONCERNING THE STREAMLINING OF CERTAIN PROGRAMS OF THE DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION.

SUMMARY This bill makes the following changes to environment-related statutes:

1.

establishes annual fees for people operating under Department of Energy and Environmental Protection (DEEP) general permits (§ 10);

2.

eliminatestheDEEPcommissioner’sroleinapprovingmunicipal noise ordinances (§ 4);

3.

allows Connecticut to exchange forest fire protection and control resources with states beyond New England and New York (§ 7);

4.

requires the commissioner to send certified pesticide applicators a notice about an upcoming certification expiration (§ 8);

5.

authorizes the commissioner to renew certifications for pesticide applicators whose certifications have lapsed for less than one year without reexamination but upon payment of a late fee (§ 8);

6.

authorizes the commissioner to register pesticides either on an annual basis or, as under current law, for five-year periods (§ 9);

7.

prohibits registration fee refunds for pesticide products that are voluntarilywithdrawnorcancelledbeforetheregistrationperiod ends (§ 9);

8.

limits the examination requirement for class III and IV sHB6501 / File No.

208 21 sHB6501 File No.

208 wastewater treatment plant operator certification applicants to the standardized national examination (§ 1);

9.

authorizes the commissioner to require air pollution sources that are permitted under federal law (i.e., Title V of the Clean Air Act Amendments of 1990) to comply with applicable federal standards for incineration (40 C.F.R.

Part 62), which have already been incorporated into state air regulations (Conn.

Agencies Regs.

§ 22a-174-1 et seq.) (§ 5);

10.

requires, instead of allows, a petition for a hearing on an application to designate a person authorized to withdraw the petition (§ 11);

11.

exempts certain aquaculture structures in tidal, coastal, or navigable waters from a DEEP permitting requirement (§ 3);

and 12.

eliminates the requirement that the representative on the Nitrogen Credit Advisory Board from a municipality with a population of less than 20,000 must also be from a municipality that purchases nitrogen credits (§ 2).

Lastly, the bill makes technical and conforming changes and a minor change to clarify that the state’s forest fire warden has the authority to supplement state forest fire control personnel with specially trained temporary emergency workers to help combat a forest fire outside Connecticut, rather than only for in-state fires (§ 6).

EFFECTIVE DATE:

Upon passage, except the provision on general permit fees takes effect October 1, 2021, and the changes to the pesticide registration take effect January 1, 2022.

§ 10 — GENERAL PERMIT FEES The bill establishes annual fees for people operating under general permits issued by DEEP on or after October 1, 2021.

It requires them to pay the annual fee in addition to the registration fee required under existing law.

(DEEP issues both individual and general permits to sHB6501 / File No.

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208 regulate activities.

It issues individual permits directly to an applicant.

General permits authorize similar minor activities by one or more applicants (e.g., removal of derelict structures, minor seawall repair).

The general permit may require an applicant to register with DEEP or both register and obtain DEEP approval.) Unless a general permit specifies otherwise, the bill requires anyone authorized to conduct a regulated activity covered by a general permit to pay an annual fee of (1) $200 when the permit requires both registering with DEEP and obtaining its approval of the registration before starting the activity or (2) $100 when the permit requires only registration with DEEP before the activity is allowed.

The bill prohibits an annual fee for a general permit issued on or after October 1, 2021, from exceeding $1,000.

§ 4 — NOISE REGULATION The bill eliminates the DEEP commissioner’s role in approving municipal noise ordinances.

By law, municipalities may adopt and enforce a noise control ordinance that includes certain elements set in statute, including noise levels and implementation procedures.

Current law requires (1) that an ordinance conform to applicable federal noise standards or regulations and be at least as stringent as state and federal noise standards or regulations (e.g., Conn.

Agencies Regs.

§ 22a-69-1 et seq.) and (2) the commissioner’s approval before the ordinance can take effect.

The bill (1) eliminates the requirement to obtain the commissioner’s approvaland(2)allowsmunicipalnoiseordinancestobemorestringent standards that those adopted by the commissioner.

§ 7 — INTERSTATE FOREST FIRE RESOURCES The bill expands the applicability of the Northeastern Interstate Forest Fire Protection Compact’s interstate aid provisions by allowing aid to or from any state that belongs to a regional forest fire protection compact, if that state’s legislature agrees to the provisions.

In doing so, sHB6501 / File No.

208 23 sHB6501 File No.

208 it allows Connecticut to exchange forest fire protection and control resources with up to 43 other states, instead of only member states.

(Members of the northeastern compact include the New England states and New York.) By law, the compact’s interstate aid provisions seek to help control, combat, or prevent forest fires and address issues such as the powers and rights of responding forces, liability, and repayment for services.

§ 8 — PESTICIDE APPLICATOR CERTIFICATION RENEWAL Notice and Certification Lapse The bill requires the DEEP commissioner to provide a certified pesticide applicator, at least 60 days before his or her certification expires, notice of the upcoming expiration and a renewal application.

But failing to receive the notice and application does not prevent a certification’s lapse.

Under the bill, a certification lapses if the commissioner does not receive a signed renewal application with the applicable renewal fee by midnight on the expiration date or midnight on the next business day if the expiration date is on a weekend or legal holiday.

Renewal Without Reexamination The bill allows the DEEP commissioner to renew a pesticide applicator’s certification that has lapsed for less than one year if the applicator (1) submits a signed renewal application and (2) pays both the renewal fee and any late fee.

By law, renewal fees range from $80 to $285, depending on the certification level.

Under the bill, the late fee is equal to 10% of the renewal fee, plus 1.25% per month or part of a month, dating from when the certification lapsed.

Under thebill, anyonewhose certification lapses for oneyear or more must retake the examination.

By law, pesticide application certifications are valid for five years.

§ 1 — WASTEWATER TREATMENT PLANT OPERATOR CERTIFICATION sHB6501 / File No.

208 24 sHB6501 File No.

208 The bill limits the examination requirement for class III and class IV wastewater treatment plant operator certification applicants to the standardized national examination prepared by the Association of Boards of Certification for Wastewater Treatment Facility Operators.

Current law requires them to also pass additional questions from the DEEP commissioner.

It allows the commissioner to designate an agent to administer and proctor the examination.

The bill authorizes the commissioner to adopt regulations on wastewater treatment plant operators’ certification application, renewal, and continuing education requirements.

Current law allows her to adopt regulations on a regular state-certified training course for operators.

The bill also requires the commissioner or her designated agent, in consultation with the state’s operator certification advisory board, to approve continuing education and associated courses.

The board advises and assists with administering the certification program (Conn.

Agencies Regs.

§ 22a-416-10).

§ 11 — DESIGNATED PERSON TO WITHDRAW HEARING PETITION Several statutes and regulations require the DEEP commissioner to hold a public hearing before acting on a permit application.

Most require her to do so if at least 25 people sign a petition requesting a hearing.

Current law allows them to designate in the petition a person authorized to discuss the application and, depending on the outcome of those discussions, withdraw the petition.

The bill instead requires the designation of this authorized person.

§ 3 — AQUACULTURE STRUCTURES Existing law requires a DEEP certificate or permit in order to conduct certain work, including erecting and maintaining structures, in the state’s tidal, coastal, or navigable waters, waterward of the coastal jurisdiction line.

The bill exempts from this permitting requirement individual structures used for aquaculture in leased or designated shellfish areas that (1) have a federal Army Corps of Engineers permit and (2) do not sHB6501 / File No.

208 25 sHB6501 File No.

208 interfere with navigation in designated or customary boating or shipping areas.

It eliminates current law’s exemption for the structures that do not need an Army Corps permit and are in these areas.

Aquaculture includes the controlled rearing, cultivation, and harvest of aquatic plants and animals.

Aquaculture structures include such things as racks, cages, bags, and buoys.

COMMITTEE ACTION Environment Committee Joint Favorable Substitute Yea 33 Nay 0 (03/12/2021) sHB6501 / File No.

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