Substitute House Bill No. 6553

Public Act No. 01-138

AN ACT CONCERNING THE TRANSPORTATION OF MILK AND A PILOT PROGRAM ALLOWING CERTAIN PREFABRICATED COMMERCIAL UNITS TO BE OPERATED UPON ANY HIGHWAY OR BRIDGE.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) As used in sections 1 to 4, inclusive, of this act: (1) "Permit" means a permit issued by the Commissioner of Agriculture pursuant to section 3 of this act or issued by a milk transport regulatory agency of another state that has bulk milk pickup tanker permit and safety requirements that, in the opinion of the commissioner, are consistent with the requirements of the Grade A Pasteurized Milk Ordinance recommended by the United States Department of Health and Human Services; (2) "inspection report" means a report issued as part of the permit application under section 3 of this act or issued after an inspection conducted pursuant to subsection (b) of section 2 of this act; and (3) "Commissioner of Agriculture" includes the commissioner's designee or an agent or assistant authorized under section 22-128 of the general statutes.

Sec. 2. (NEW) (a) No person may engage in the transportation of milk or milk products by bulk milk pickup tanker to or from a farm, milk plant, receiving station or transfer station in this state unless: (1) The owner of the bulk milk pickup tanker has a valid permit for such tanker and a current inspection report; and (2) the permit and inspection report accompany the tanker.

(b) The Commissioner of Agriculture may stop any bulk milk pickup tanker engaged in the transportation of milk or milk products to or from a farm, milk plant, receiving station or transfer station in this state to: (1) Determine whether a valid permit and inspection report accompany the tanker; or (2) conduct a safety and sanitation inspection. If the commissioner conducts a safety and sanitation inspection pursuant to such a stop, the commissioner may issue a new safety and sanitation inspection report. If an inspection conducted under this section reveals construction or repair defects or the need for significant cleaning, the commissioner may order a tanker removed from service until such deficiencies are corrected. If a tanker inspected under this section has a permit issued by another state, the commissioner may forward the results of the inspection to the issuing state.

Sec. 3. (NEW) (a) Each person seeking a permit for a bulk milk pickup tanker shall make application on forms prescribed by the Commissioner of Agriculture.

(b) The commissioner shall issue a permit to an applicant upon evidence satisfactory to the commissioner that the tanker is in compliance with the milk handling requirements of chapter 430 of the general statutes.

(c) A permit issued under this section shall be valid for one year from the date of issuance and may be renewed upon application to the commissioner on forms prescribed by the commissioner.

Sec. 4. (NEW) The Commissioner of Agriculture may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to carry out the provisions of sections 2 and 3 of this act.

Sec. 5. Section 22-180 of the general statutes is repealed and the following is substituted in lieu thereof:

Whenever shipments of milk to Connecticut markets from any dairy farm, group of farms, receiving plant or station [licensed pursuant to section 22-174] have been discontinued during those months of the year other than July and August, for a period of sixty consecutive days, or during the months of July and August for a period of fourteen consecutive days, the commissioner may determine that such farm, group of farms, receiving plant or station is inactive and may be inspected by [him] the commissioner as [he] the commissioner deems necessary. The commissioner shall be notified of the resumption of shipment of milk to the state by such farm, group of farms, plant or station not less than seven days prior to such shipment.

Sec. 6. Notwithstanding section 14-270 of the general statutes, the Commissioner of Transportation shall establish a pilot program beginning July 1, 2001, and ending June 30, 2002, for the purpose of issuing permits allowing a manufactured modular or prefabricated commercial unit with a height greater than thirteen feet but no greater than fourteen feet six inches to be operated upon any highway or bridge. Such permit shall specify conditions under which such manufactured modular or prefabricated commercial unit shall be permitted to operate, including, but not limited to, the period of time such operation shall be authorized. A denial of such permit shall be required to be accompanied by a statement of the basis for such denial. On or before January 1, 2003, the commissioner shall submit findings and recommendations concerning the operation of said pilot program to the joint standing committee of the General Assembly having cognizance of matters relating to transportation, in accordance with section 11-4a of the general statutes. As used in this section, (1) "modular or prefabricated commercial unit" means the completely assembled and erected building or structure designed for educational or commercial use, including the service equipment, of which the structural parts consist of prefabricated individual units or subassemblies using ordinary or controlled materials, and in which the service equipment may be either prefabricated or at-site construction, and (2) the following terms have the meanings assigned to them in subsections (b) to (g), inclusive, of section 21-85 of the general statutes: "Prefabricated subassembly", "prefabricated unit", "prefabricated unit service equipment" and "prefabricated".

Sec. 7. Section 22-174 of the general statutes is repealed.

Sec. 8. This act shall take effect July 1, 2001.

Approved June 28, 2001