Substitute House Bill No. 6997

Public Act No. 01-204

AN ACT CONCERNING REVISIONS TO THE TRANSFER ACT AND OTHER VARIOUS ENVIRONMENTAL STATUTES.

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

Section 1. Section 26-47 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) When it is shown to the satisfaction of the commissioner that wildlife is causing unreasonable damage to agricultural crops during the night and it is found by the commissioner that control of such damage by wildlife is impracticable during the daylight hours, the commissioner may issue permits for the taking of such wildlife as [he] the commissioner deems necessary to control such damage by such method as [he] the commissioner determines, including the use of lights, during the period between sunset and sunrise, upon written application of the owner or lessee of record of the land on which such crops are grown. Such permits may be issued to any qualified person designated by such landowner or lessee. The person to whom such permit is issued shall be held responsible for complying with the conditions under which such permit is issued. The provisions of this section shall not apply to deer.

(b) (1) No person shall engage in the business of controlling nuisance wildlife, other than rats or mice, without obtaining a license from the commissioner. Such license shall [expire on the last day of December next succeeding its issuance] be valid for a period of two years and may be renewed in accordance with a schedule established by the commissioner. The fee for such license shall be [fifty] one hundred dollars. The controlling of nuisance wildlife at the direction of the commissioner shall not constitute engaging in the business of controlling nuisance wildlife for the purposes of this section. No person shall be licensed under this subsection unless [he provides] the person: (A) Provides evidence, satisfactory to the commissioner, that [he] the person has completed training which included instruction in site evaluation, methods of nonlethal and approved lethal resolution of common nuisance wildlife problems, techniques to prevent reoccurrence of such problems and humane capture, handling and euthanasia of nuisance wildlife and instruction in methods of nonlethal resolution of common nuisance wildlife problems, including, but not limited to, training regarding frightening devices, repellants, one-way door exclusion and other exclusion methods, habitat modification and live-trapping and releasing and other methods as the commissioner may deem appropriate; and (B) is a resident of this state or of a state that does not prohibit residents of this state from being licensed as nuisance wildlife control operators because of lack of residency.

(2) The licensure requirements shall apply to municipal employees who engage in the control or handling of animals, including, but not limited to, animal control officers, except that no license shall be required of such employees for the emergency control of rabies. Notwithstanding the requirements of this subsection, the commissioner shall waive the licensure fee for such employees. The commissioner shall provide to such municipal employees, without charge, the training required for licensure under this subsection. A license held by a municipal employee shall be noncommercial, nontransferable and conditional upon municipal employment.

(3) The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, which (A) define the scope and methods for controlling nuisance wildlife provided such regulations shall incorporate the recommendations of the 1993 report of the American Veterinary Medical Association panel on euthanasia and further provided such regulations may provide for the use of specific alternatives to such recommendations only in specified circumstances where use of a method of killing approved by such association would involve an imminent threat to human health or safety and only if such alternatives are designed to kill the animal as quickly and painlessly as practicable while protecting human health and safety, and (B) establish criteria and procedures for issuance of a license.

[(2)] (4) Except as otherwise provided in regulations adopted under this section, no person licensed under this subsection may kill any animal by any method which does not conform to the recommendations of the 1993 report of the American Veterinary Medical Association panel on euthanasia. No person may advertise any services relating to humane capture or relocation of wildlife unless all methods employed in such services conform to such regulations.

[(3)] (5) Any person licensed under this subsection shall provide all clients with a written statement approved by the commissioner regarding approved lethal and nonlethal options, as provided in this subsection, which are available to the client for resolution of common nuisance problems. If a written statement cannot be delivered to the client prior to services being rendered, the licensee shall leave the statement at the job site or other location arranged with the client.

[(4) On or before February first of each year, each] (6) Each person licensed under this subsection shall submit a report to the commissioner, [which] on such date as the commissioner may determine, that specifies the means utilized in each case of nuisance wildlife control service provided in the preceding calendar year including any method used in those cases where an animal was killed. Any information included in such report which identifies a client of such person or the client's street address may be released by the commissioner only pursuant to an investigation related to enforcement of this section.

(c) Any person who violates any provision of this section, or any condition under which a permit or license is issued, shall be fined not less than twenty-five dollars nor more than two hundred dollars or be imprisoned not more than sixty days or be both fined and imprisoned; and any permit or license issued to such person, and all other such permits or licenses issued to any other person for such property, shall be revoked by the commissioner and the right to obtain such permit or license shall remain suspended for such period of time as the commissioner determines.

(d) Any permit or license issued under this section shall not authorize the taking of deer.

Sec. 2. Subdivision (2) of subsection (e) of section 22a-133u of the general statutes is repealed and the following is substituted in lieu thereof:

(2) The Commissioner of Economic and Community Development, in consultation with said board shall establish criteria for (A) making disbursements under subsection (b) of this section which criteria shall include, but not be limited to, anticipated commercial value of the property, potential tax revenue to the relevant municipality, environmental or public health risk posed by the spill, potential community or economic development benefit to the relevant municipality, the status of any loans previously made under said subsection to the municipality and potential for restoration of an abandoned property, and (B) cancelling loans related to a property at which the borrower of the loan elects not to proceed with remediation. Such criteria shall further set forth the procedure for applying for a loan from the fund and the procedure to be used for evaluation of such an application. In approving any loan under said subsection to any person, firm or corporation, the board may consider the loan applicant's credit history and economic solvency, any plan of such applicant for business development, municipal support for the proposed use of the property and any existing indebtedness of such applicant to any entity. Upon application for any such loan, the board shall make a recommendation to the Commissioner of Economic and Community Development regarding such loan. On or before February 1, [1997] 2003, and annually thereafter, said board and the Commissioner of Economic and Community Development shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to the environment regarding the number of applications received, and the number and amounts of loans made in the preceding year, the names of the applicants, the time period between submission of application and the decision to grant or deny the loan, which applications were approved and which applications were denied and the reasons for denial. On or before February 1, [2001] 2003, the board shall recommend to the joint standing committee of the General Assembly whether the payments to the State Treasurer pursuant to section 12-63f are sufficient for the continued solvency of the Special Contaminated Property Remediation and Insurance Fund and whether such payments should continue.

Sec. 3. Section 10 of public act 91-395, as amended by section 1 of public act 95-55, is amended to read as follows:

The Office of Policy and Management shall amend the state plan of conservation and development adopted pursuant to chapter 297 of the general statutes to include therein a goal for reducing carbon dioxide emissions within this state. Said office, in consultation with the Department of Environmental Protection, shall submit a report to the General Assembly on or before the thirtieth day following the effective date of [this act] public act 95-55, on or before May 1, 1996, and annually thereafter, which details the net amount of carbon dioxide emitted annually within this state. Subsequent to the May 1, 2000, submittal, said report shall be submitted every three years with the first such report due May 1, 2003.

Sec. 4. Subsection (d) of section 25-32 of the general statutes is repealed and the following is substituted in lieu thereof:

(d) The commissioner may grant a permit for (1) the sale of class I or II land to another water company, to a state agency or to a municipality, or (2) the sale of class II land or the sale or assignment of a conservation restriction or a public access easement on class I or class II land to a private, nonprofit land-holding conservation organization if the purchasing entity agrees to maintain the land subject to the provisions of this section, any regulations adopted pursuant to this section and the terms of any permit issued pursuant to this section. Such purchasing entity or assignee may not sell, lease [,] or assign any such land or conservation restriction or public access easement or sell, lease, assign or change the use of such land without obtaining a permit pursuant to this section.

Sec. 5. The regulations promulgated by the federal Environmental Protection Agency as of January 1, 2001, that implement Subtitle C of the Resource Conservation and Recovery Act of 1976, 42 USC 6901 et seq. shall replace the regulations promulgated pursuant to chapters 445, 446d and 446k of the general statutes that pertain to the regulation of hazardous wastes unless, prior to January 1, 2002, the Commissioner of Environmental Protection has issued a public notice of intent to adopt such federal regulations and such regulations are submitted to the Secretary of the State, as provided under chapter 54 of the general statutes, no later than June 30, 2002.

Sec. 6. Subsection (f) of section 22a-63 of the general statutes is repealed and the following is substituted in lieu thereof:

[(f) Any person described in subsection (a) of this section who violates subsection (d) of section 22a-61, subsection (e) of section 22a-61, subsection (a) of section 23-61a or subsection (a) of section 23-61b shall be assessed a civil penalty in an amount not less than one thousand dollars nor more than two thousand dollars.]

(f) Any person who is not certified as a commercial applicator who performs or advertises or solicits to perform commercial application of a pesticide, or any person possessing an operational certificate for commercial application under section 22a-54 who performs or advertises or solicits to perform any activity requiring a supervisory certificate for commercial application shall be assessed a civil penalty in an amount not less than one thousand dollars nor more than two thousand dollars for each day such violation continues. For any subsequent violation, such penalty shall be not more than five thousand dollars. The Attorney General, upon complaint of the commissioner, may institute a civil action to recover such penalty in the superior court for the judicial district of Hartford. Any penalties collected under this subsection shall be deposited in the Environmental Quality Fund established under section 22a-27g and shall be used by the commissioner to carry out the purposes of this section.

Sec. 7. Subdivision (26) of section 16-1 of the general statutes is repealed and the following is substituted in lieu thereof:

(26) "Class I renewable energy source" means energy derived from solar power, wind power, a fuel cell, methane gas from landfills, or a biomass facility, including, but not limited to, a biomass gasification plant that utilizes land clearing debris, tree stumps or other biomass that regenerates or the use of which will not result in a depletion of resources, provided such facility begins operating on or after July 1, 1998, and such biomass is cultivated and harvested in a sustainable manner.

Sec. 8. Subdivision (24) of section 22a-207 of the general statutes is repealed and the following is substituted in lieu thereof:

(24) "Wood-burning facility" means a facility as defined in section 16-50i whose principal function is energy recovery from wood for commercial purposes. "Wood-burning facility" does not mean a biomass gasification plant that utilizes land clearing debris, tree stumps or other biomass that regenerates or the use of which will not result in a depletion of resources.

Sec. 9. Subsection (b) of section 7-131g of the general statutes is repealed and the following is substituted in lieu thereof:

(b) The Commissioner of 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 in an amount not to exceed fifty 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 fifty 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 forty 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 or targeted investment communities, as defined in section 32-9p, 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, for acquisition of land within that municipality or community, for open space 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 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. The board shall provide comments to the commissioner on pending applications as it deems necessary.

Sec. 10. Section 22-380h of the general statutes, as amended by section 4 of public act 01-87, is repealed and the following is substituted in lieu thereof:

(a) Any veterinarian licensed pursuant to section 20-199 may file with the commissioner, on forms provided by the commissioner, an application to become a participating veterinarian in the program.

(b) In order to be certified by the commissioner as a participating veterinarian, the veterinarian shall: (1) Perform all spay and neuter surgical procedures in a veterinary hospital facility or mobile clinic equipped for such procedures located in this state that meets the standards set forth in regulations adopted by the commissioner, as provided in section 20-196; (2) make all records pertaining to care provided, work done and fees received for or in connection with the program available for inspection by the commissioner or the commissioner's [representative] designee; (3) maintain records in accordance with regulations adopted under section 19a-14; and (4) hold a currently valid license to practice veterinary medicine in this state issued by the Connecticut Department of Public Health.

(c) Any licensed veterinarian of this state may be certified by the commissioner as a participating veterinarian unless the commissioner disqualifies such veterinarian. The commissioner may disqualify a veterinarian if such veterinarian has been found in violation of any provision of sections 22-380e to 22-380m, inclusive, as amended by this act, or any laws relating to the practice of veterinary medicine. Any veterinarian disqualified or otherwise denied participation in the program may appeal, within ten days of receipt of a notice of such disqualification or denial, to the commissioner who shall hold a hearing to consider such appeal, in accordance with the provisions of chapter 54.

(d) Complaints received by the commissioner or the commissioner's [representative] designee regarding services provided by participating veterinarians shall be referred to the Board of Veterinary Medicine of the Department of Public Health.

Sec. 11. Subsection (n) of section 22a-174 of the general statutes is repealed and the following is substituted in lieu thereof:

(n) The commissioner shall not issue a permit for an asphalt batch plant or continuous mix facility under the provisions of this section until July 1, [2001] 2004, unless the commissioner determines that the issuance of the permit will result in an improvement of environmental performance of an existing asphalt batch plant or continuous mix plant. The provisions of this section shall apply to any application pending on May 5, 1998. Nothing in this section shall apply to applications for upgrading, replacing, consolidating or otherwise altering the physical plant of an existing facility [with a permit to operate] provided such upgrade, replacement, consolidation or alteration results in an improvement of environmental performance or in reduced total emissions of air pollutants.

Sec. 12. To further the efforts to preserve open space in the state and to help realize the goal established in public act 99-173 to have at least twenty-one per cent of the state's land held by the state, municipalities, land conservation organizations and water utilities as open space, the Department of Environmental Protection shall conduct an evaluation of lands of class A water companies, as defined in section 16-1 of the general statutes, to determine the resource value and potential desirability of such lands for purchase for open space or public outdoor recreation or natural resource conservation or preservation. The water companies and land conservation organizations shall work cooperatively with the department and provide maps and other information to assist the Department of Environmental Protection in the evaluation of these properties and said department shall develop strategies for alternative methods of funding the preservation of water company lands in perpetuity as open space.

Sec. 13. Section 22a-191a of the general statutes is repealed and the following is substituted in lieu thereof:

(a) On or before February 1, 1994, the Commissioner of Environmental Protection, in conjunction with the dioxin testing program established under section 22a-191 and within available appropriations, shall prepare a plan to implement a program of testing of resource recovery facilities for the presence of mercury and other metals in the air emissions of such facilities. Such plan shall be submitted to the joint standing committee of the General Assembly having cognizance of matters relating to the environment. Such testing shall commence July 1, 1994, in accordance with applicable testing protocols established by the United States Environmental Protection Agency and shall be conducted at least once annually thereafter. The costs of such testing shall be paid out of the solid waste account established pursuant to section 22a-233.

(b) On or before January 1, 2002, and annually thereafter, the operator of each sewage sludge incinerator in this state shall conduct a stack test for the presence of mercury, metals and hydrocarbons in the air emissions of each such incinerator. Such test shall be conducted, and the results of such test reviewed and reported to the commissioner, in accordance with any procedures established by the commissioner and on any forms prescribed by the commissioner. After reviewing such report, the commissioner may order additional testing to be conducted or additional control measures to be undertaken at the incinerator if the commissioner determines that such testing or measures are necessary and reasonable for the protection of human health or the environment.

Sec. 14. Subsection (b) of section 22a-250 of the general statutes is repealed and the following is substituted in lieu thereof:

(b) Any person who violates any provision of subsection (a) of this section shall be [deemed to have committed an infraction] fined not more than one hundred ninety-nine dollars. One-half of any fine collected pursuant to this subsection shall be payable to the state and the other half shall be payable to the enforcing municipality. When any such material or substances are thrown, blown, scattered or spilled from a vehicle, the operator thereof shall be deemed prima facie to have committed such offense.

Sec. 15. Section 22a-134 of the general statutes is repealed and the following is substituted in lieu thereof:

For the purposes of this section and sections 22a-134a to 22a-134d, inclusive, as amended by this act:

(1) "Transfer of establishment" means any transaction or proceeding through which an establishment undergoes a change in ownership, but does not mean (A) conveyance or extinguishment of an easement, (B) conveyance of [property] an establishment through a [judicial] foreclosure, as defined in subsection (b) of section 22a-452f, (C) conveyance of a deed in lieu of foreclosure to [an institutional] a lender, [including, but not limited to, a banking institution] as defined in and that qualifies for the secured lender exemption pursuant to subsection (b) of section 22a-452f, (D) conveyance of a security interest, [including, without limitation, a mortgage] as defined in subdivision (7) of subsection (b) of section 22a-452f, (E) [renewal of a lease, (F) conveyance, assignment or termination] termination of a lease and conveyance, assignment or execution of a lease for a period less than [twenty-five years from the date of such conveyance, assignment or termination including options or extensions of such period, (G)] ninety-nine years including conveyance, assignment or execution of a lease with options or similar terms that will extend the period of the leasehold to ninety-nine years, or from the commencement of the leasehold, ninety-nine years, including conveyance, assignment or execution of a lease with options or similar terms that will extend the period of the leasehold to ninety-nine years, or from the commence of the leasehold (F) any change in ownership approved by the Probate Court, [(H) conveyance] (G) devolution of title to a surviving joint tenant, or to a trustee, executor, or administrator under the terms of a testamentary trust or will, or by intestate succession, [(I)] (H) corporate reorganization not substantially affecting the ownership of the establishment, [including, but not limited to, stock dividend distributions or stock distributions in connection with a merger, (J) the original] (I) the issuance of stock or other securities of an entity which owns or operates an establishment, [(K)] (J) the transfer of stock, securities or other ownership interests representing less than [a majority of the voting power] forty per cent of the ownership of the entity that owns or operates the establishment, [(L)] (K) any conveyance of an interest in an establishment where the transferor is the sibling, spouse, child, parent, grandparent, child of a sibling or sibling of a parent of the transferee, (L) conveyance of an interest in an establishment to a trustee of an inter vivos trust created by the transferor solely for the benefit of one or more of the sibling, spouse, child, parent, grandchild, child of a sibling or sibling of a parent of the transferor, (M) any conveyance of a portion of a parcel upon which portion no establishment is or has been located and upon which there has not occurred a discharge, spillage, uncontrolled loss, seepage or filtration of hazardous waste, provided either the area of such portion is not greater than fifty per cent of the area of such parcel or written notice of such proposed conveyance and an environmental condition assessment form for such parcel is provided to the commissioner sixty days prior to such conveyance, (N) conveyance of a service station, as defined in subdivision (5) of this section, (O) any conveyance of [a parcel] an establishment which, prior to July 1, 1997, had been developed solely for residential use and such use has not changed, (P) any conveyance of [a parcel] an establishment to any entity created or operating under chapter 130 or 132, or to an urban rehabilitation agency, as defined in section 8-292, or to a municipality under section 32-224, or to the Connecticut Development Authority or any subsidiary of the authority, (Q) any conveyance of a parcel in connection with the acquisition of properties to effectuate the development of the overall project, as defined in section 32-651, (R) the conversion of a general or limited partnership to a limited liability company under section 34-199, (S) the transfer of general partnership property held in the names of all of its general partners to a general partnership which includes as general partners immediately after the transfer all of the same persons as were general partners immediately prior to the transfer, [and] (T) the transfer of general partnership property held in the names of all of its general partners to a limited liability company which includes as members immediately after the transfer all of the same persons as were general partners immediately prior to the transfer, or (U) acquisition of an establishment by any governmental or quasi-governmental condemning authority;

(2) "Commissioner" means the Commissioner of Environmental Protection or [his] the designated agent of the commissioner;

(3) "Establishment" means any real property at which or any business operation from which (A) on or after November 19, 1980, there was generated, except as the result of remediation of polluted soil, groundwater or sediment, more than one hundred kilograms of hazardous waste in any one month, (B) hazardous waste generated at a different location [by another person or municipality] was recycled, reclaimed, reused, stored, handled, treated, transported or disposed of, (C) the process of dry cleaning was conducted on or after May 1, 1967, (D) furniture stripping was conducted on or after May 1, 1967, or (E) a vehicle body repair [shop or vehicle painting shop is or] facility was located on or after May 1, 1967;

(4) "Hazardous waste" means any waste which is (A) hazardous waste identified in accordance with Section 3001 of the federal Resource Conservation and Recovery Act of 1976, 42 USC 6901 et seq., (B) hazardous waste identified by regulations adopted by the Commissioner of Environmental Protection, or (C) polychlorinated biphenyls in concentrations greater than fifty parts per million except that sewage, sewage sludge and lead paint abatement wastes shall not be considered to be hazardous waste for the purposes of this section and sections 22a-134a to 22a-134d, inclusive, as amended by this act;

(5) "Service station" means a retail operation involving the resale of motor vehicle fuel including, but not limited to, gasoline, diesel fuel and kerosene and which operation does not otherwise meet the definition of an establishment;

(6) "Certifying party" means, in the case of a Form III or Form IV, a person associated with the transfer of an establishment who signs a Form III or Form IV and who agrees to investigate the parcel in accordance with [the standards adopted by the commissioner in regulations adopted in accordance with the provisions of chapter 54 or, until January 1, 2002, or the adoption of such regulations, whichever is sooner, in accordance with] prevailing standards and guidelines and to remediate pollution caused by any release at the [parcel] establishment in accordance with the remediation standards and, in the case of a Form I or Form II, a transferor of an establishment who signs the certification on a Form I or II;

(7) "Party associated with the transfer of an establishment" means (A) the present or past owner or operator of the establishment, (B) the owner of the real property on which the establishment is located, (C) the transferor, transferee, lender, guarantor or indemnitor, [(C)] (D) the business entity which operates or operated the establishment, or [(D)] (E) the state;

(8) "Remediation standards" means regulations adopted by the commissioner pursuant to section 22a-133k;

(9) "Parcel" means piece, parcel or tract of land which constitutes an establishment, as defined in subdivision (3) of this section, or on which is or was located any business operation which constitutes an establishment;

(10) "Form I" means a written [declaration] certification by the transferor of an establishment on a form prescribed and provided by the commissioner that: [no] (A) No discharge, spillage, uncontrolled loss, seepage or filtration of hazardous waste or a hazardous substance has occurred at the [parcel] establishment which [declaration] certification is based on an investigation of the parcel in accordance with [the standards adopted by the commissioner in regulations adopted in accordance with the provisions of chapter 54 or, until January 1, 2002, or the adoption of such regulations, whichever is sooner, in accordance with] prevailing standards and guidelines, or (B) no discharge spillage, uncontrolled loss, seepage or filtration of hazardous waste has occurred at the establishment and the commissioner has determined, in writing, or a licensed environmental professional has verified that any discharge, spillage, uncontrolled loss, seepage or filtration of a hazardous substance has been remediated in accordance with the remediation standards;

(11) "Form II" means a written [declaration] certification by the transferor of an establishment on a form prescribed and provided by the commissioner that the parcel has been investigated in accordance with [the standards adopted by the commissioner in regulations adopted in accordance with the provisions of chapter 54 or, until January 1, 2002, or the adoption of such regulations, whichever is sooner, in accordance with] prevailing standards and guidelines and that (A) any pollution caused by a discharge, spillage, uncontrolled loss, seepage or filtration of hazardous waste or a hazardous substance which has occurred [at] from the [parcel] establishment has been remediated in accordance with the remediation standards and that the remediation has been approved in writing by the commissioner or has been verified pursuant to section 22a-133x or section 22a-134a in a writing attached to such form by a licensed environmental professional to have been performed in accordance with the remediation standards, [or] (B) the commissioner has determined in writing or a licensed environmental professional has verified pursuant to section 22a-133x or section 22a-134a in a writing attached to the form that no remediation is necessary to achieve compliance with the remediation standards, or (C) a Form IV previously submitted to the commissioner and since the date of the submission of said Form IV, no discharge, spillage, uncontrolled loss, seepage or filtration of hazardous waste or a hazardous substance has occurred at the establishment, which certification is based on an investigation of the parcel in accordance with prevailing standards and guidelines;

(12) "Form III" means a written certification signed by a certifying party on a form prescribed and provided by the commissioner, which certification states that (A) a discharge, spillage, uncontrolled loss, seepage or filtration of hazardous waste or a hazardous substance has occurred at the [parcel] establishment or the environmental conditions at the [parcel] establishment are unknown, and (B) that the person signing the certification agrees to investigate the parcel in accordance with [the standards adopted by the commissioner in regulations adopted in accordance with the provisions of chapter 54 or, until January 1, 2002, or the adoption of such regulations, whichever is sooner, in accordance with] prevailing standards and guidelines and to remediate [the parcel] pollution caused by any release of a hazardous waste or hazardous substance from the establishment in accordance with the remediation standards;

(13) "Form IV" means a written certification signed by one or more certifying parties on a form prescribed and provided by the commissioner and which is accompanied by a written determination by the commissioner or by a verification by a licensed environmental professional pursuant to section 22a-134a or 22a-133x, which certification states and is accompanied by documentation demonstrating that the parcel has been investigated in accordance with [the standards adopted by the commissioner in regulations adopted in accordance with the provisions of chapter 54 or, until January 1, 2002, or the adoption of such regulations, whichever is sooner, in accordance with] prevailing standards and guidelines and that (A) there has been a discharge, spillage, uncontrolled loss, seepage or filtration of hazardous waste or a hazardous substance on the [parcel] establishment, and (B) all actions to remediate [the parcel] any pollution caused by any release at the establishment have been taken in accordance with the remediation standards except postremediation monitoring, natural attenuation monitoring or the recording of an environmental land use restriction, and (C) the person or persons signing the certification agree, in accordance with the representations made in the form, to conduct postremediation monitoring or natural attenuation monitoring in accordance with the remediation standards and if further investigation and remediation are necessary [based upon the results of such monitoring,] to take further action to investigate the [parcel] establishment in accordance with [the standards adopted by the commissioner in regulations adopted in accordance with the provisions of chapter 54 or, until January 1, 2002, or the adoption of such regulations, whichever is sooner, in accordance with] prevailing standards and guidelines and to remediate the [parcel] establishment in accordance with the remediation standards;

(14) "Person" means person, as defined in section 22a-2;

(15) "Remediate" means to contain, remove or abate pollution, potential sources of pollution and substances in soil or sediment which pose an unacceptable risk to human health or the environment and includes, but is not limited to, the reduction of pollution by natural attenuation;

(16) "Licensed environmental professional" means an environmental professional licensed pursuant to section 22a-133v;

(17) "Environmental condition assessment form" means a form prescribed and provided by the commissioner, prepared under the supervision of a licensed environmental professional, and [prepared] executed by (A) the certifying party under sections 22a-134 to 22a-134e, inclusive, or (B) the owner of the property under section 22a-133x which form describes the environmental conditions at the parcel;

(18) "Pollution" means pollution, as defined in section 22a-423;

(19) "Verification" means the rendering of a written opinion by a licensed environmental professional that an investigation of the parcel has been performed in accordance with prevailing standards and guidelines and that the [parcel] establishment has been remediated in accordance with the remediation standards;

(20) "Vehicle" means [an automobile, bus, truck or truck tractor, but does not mean] any motorized device for conveying persons or objects except for an aircraft, boat, railroad car or engine, or farm tractor;

(21) "Business operation" means any business that has, or any series of substantially similar businesses that have operated continuously or with only brief interruption on the same parcel, either with a single owner or successive owners;

(22) "Corporate reorganization not substantially affecting the ownership of an establishment" means implementation of a business plan to restructure a corporation through a merger, spin-off or other plan or reorganization under which the direct owner of the establishment does not change;

(23) "Form IV verification" means the rendering of a written opinion by a licensed environmental professional, after a Form IV has been filed, that postremediation monitoring, natural attenuation or the recording of an environmental land use restriction has been completed in accordance with the Form IV;

(24) "Hazardous substance" means hazardous substance, as defined in Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 USC Section 9601, or a petroleum product or by-product for which there are remediation standards adopted pursuant to section 22a-133k or for which such remediation standards have a process for calculating the numeric criteria of such substance;

(25) "Sediment" means unconsolidated material occurring in a stream, pond, wetland estuary or other water body.

Sec. 16. Section 22a-134a of the general statutes is repealed and the following is substituted in lieu thereof:

(a) No person shall transfer an establishment except in accordance with the provisions of sections 22a-134 to 22a-134e, inclusive, as amended by this act.

[(b) A lien pursuant to section 22a-452a shall not be placed against real estate on which a service station was transferred and in operation on or after May 1, 1967, provided the transferor certifies to the transferee that (1) the service station, or any part thereof, complies with regulations adopted by the Commissioner of Environmental Protection pursuant to subsection (d) of section 22a-449 concerning design, construction, installation and maintenance of underground facilities storing oil or petroleum liquids, (2) there has been no spill on the real estate or any spill has been remediated in accordance with procedures approved by the commissioner and the commissioner has determined that such spill does not pose a threat to human health or safety or to the environment which would warrant containment or removal or other mitigation measures and (3) any hazardous waste or oil or petroleum liquid remaining on the real estate is being managed in accordance with the provisions of this chapter and chapter 446k and regulations adopted thereunder.]

[(c)] (b) The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section.

[(d)] (c) Prior to transferring an establishment, the transferor shall submit to the transferee a complete Form I or a Form II and, no later than ten days after the transfer, shall submit a copy of such Form I or Form II to the commissioner. The commissioner shall notify the transferor no later than ninety days after the submission of such Form I or Form II if the commissioner deems the Form I or Form II incomplete. If the transferor is unable to submit a Form I or a Form II to the transferee, the [certifying party] transferor shall, prior to the transfer, [prepare and sign a] submit a complete Form III or Form IV [, and the transferor shall submit a copy of such Form III or Form IV] prepared and signed by a party associated with the transfer to the transferee and, no later than ten days after the transfer, shall submit a copy of such Form III or Form IV to the commissioner. If no other party associated with the transfer of an establishment prepares and signs the proper form as a certifying party, the transferor shall have the obligation for such preparation and signing.

[(e) Any person submitting a] (d) The certifying party to a Form I, Form III or Form IV [to the commissioner] shall (1) upon receipt of a written request from the commissioner, provide to the commissioner copies of all technical plans, reports and other supporting documentation relating to the investigation of the parcel or remediation of the establishment as specified in the commissioner's written request, and (2) simultaneously submit with the submission of a Form I, Form II, or Form IV to the commissioner a complete environmental condition assessment form and shall certify to the commissioner, in writing, that the information contained in such form is correct and accurate to the best of [his] the certifying party's knowledge and belief.

[(f) Within fifteen days of his] (e) No later than thirty days after receipt of a Form III or Form IV, the commissioner shall notify the certifying party whether the form is complete or incomplete. Within forty-five days of [his] receipt of a complete Form III or IV, the commissioner shall notify the certifying party in writing whether review and approval of the remediation by the commissioner will be required, or whether a licensed environmental professional may verify that the investigation has been performed in accordance with [the standards adopted by the commissioner in regulations adopted in accordance with the provisions of chapter 54 or, until January 1, 2002, or the adoption of such regulations, whichever is sooner, in accordance with] prevailing standards and guidelines and that the remediation has been performed in accordance with the remediation standards. Any person who submitted a Form III to the commissioner prior to October 1, 1995, [for a parcel which is not the subject of an order, consent order or stipulated judgment issued or entered into pursuant to sections 22a-134 to 22a-134e, inclusive,] may submit an environmental condition assessment form to the commissioner. The commissioner shall, within forty-five days of receipt of such form, notify the certifying party whether approval of the remediation by the commissioner will be required or whether a licensed environmental professional may verify that the remediation has been performed in accordance with the remediation standards.

[(g)] (f) In determining whether review and approval of the remediation by the commissioner will be required, or whether a licensed environmental professional may verify that the remediation has been performed in accordance with the remediation standards, the commissioner shall consider: (1) The potential risk to human health and the environment posed by any discharge, spillage, uncontrolled loss, seepage or filtration of hazardous waste [on the parcel] or a hazardous substance at the establishment; (2) the degree of environmental investigation at the parcel; (3) the proximity of the [parcel] establishment to significant natural resources; (4) the character of the land uses surrounding the [parcel] establishment; (5) the complexity of the environmental condition of the [parcel] establishment; and (6) any other factor the commissioner deems relevant.

[(h)] (g) If the commissioner notifies the certifying party to a Form III or Form IV that a licensed environmental professional may verify the remediation, [the] such certifying party shall, on or before thirty days of the receipt of such notice or such later date as may be approved in writing by the commissioner, submit a schedule for investigating and remediating the [parcel] establishment. Such schedule shall, unless a later date is specified in writing by the commissioner, provide that the investigation shall be completed within two years of the date of receipt of such notice and that remediation shall be initiated within three years of the date of receipt of such notice. The schedule shall also include a schedule for providing public notice of the remediation prior to the initiation of such remediation in accordance with subsection [(j)] (i) of this section. [The commissioner may require the certifying party to submit copies of technical plans and reports related to the investigation and remediation at the parcel and may notify the] The commissioner shall notify such certifying party if the commissioner determines that the commissioner's review and written approval is necessary. [The commissioner shall require the certifying party to submit to him all technical plans and reports related to the investigation and remediation of the parcel if the commissioner receives a written request from any person for such information. The] Such certifying party shall investigate the parcel and remediate the [parcel] establishment in accordance with the proposed schedule. [The] Such certifying party shall submit to the commissioner an independent verification by a licensed environmental professional that the [parcel] establishment has been remediated in accordance with the remediation standards, and as applicable, a Form IV verification.

[(i)] (h) If the commissioner notifies the certifying party to a Form III or Form IV that [his] the commissioner's review and written approval of the investigation of the parcel and remediation of the [parcel] establishment is required, [the] such certifying party shall, on or before thirty days of the receipt of such notice or such later date as may be approved in writing by the commissioner, submit for the commissioner's review and written approval a proposed schedule for: (1) Investigating the parcel and remediating the [parcel] establishment; (2) submitting to the commissioner scopes of work, technical plans, technical reports and progress reports related to such investigation and remediation; and (3) providing public notice of the remediation prior to the initiation of such remediation in accordance with subsection [(j)] (i) of this section. Upon the commissioner's approval of such schedule, [the] such certifying party shall, in accordance with the approved schedule, submit scopes of work, technical plans, technical reports and progress reports to the commissioner for [his] the commissioner's review and written approval. [The] Such certifying party shall perform all actions identified in the approved scopes of work, technical plans, technical reports and progress reports in accordance with the approved schedule. The commissioner may approve in writing any modification proposed in writing by [the] such certifying party to such schedule or investigation and remediation. The commissioner may, at any time, notify [the] such certifying party in writing that the commissioner's review and written approval is not required and that a licensed environmental professional may verify that the remediation has been performed in accordance with the remediation standards.

[(j)] (i) The certifying party to a Form III or Form IV shall (1) publish notice of the remediation, in accordance with the schedule submitted pursuant to this section, in a newspaper having a substantial circulation in the area affected by the establishment, (2) notify the director of health of the municipality where the [parcel] establishment is located of the remediation, and (3) either (A) erect and maintain for at least thirty days in a legible condition a sign not less than six feet by four feet on the [parcel] establishment, which sign shall be clearly visible from the public highway, and shall include the words "ENVIRONMENTAL CLEAN-UP IN PROGRESS AT THIS SITE. FOR FURTHER INFORMATION CONTACT:" and include a telephone number for an office from which any interested person may obtain additional information about the remediation, or (B) mail notice of the remediation to each owner of record of property which abuts the [parcel] establishment, at the address for such property on the last-completed grand list of the municipality where the [parcel] establishment is located.

[(k)] (j) The commissioner may issue an order to any person who fails to comply with any provision of sections 22a-134 to 22a-134e, inclusive, as amended by this act, including, but not limited to, any person who [improperly files a Form I or Form II] fails to file a form, or files an incomplete or incorrect form or to any person who fails to carry out any activities to which that person agreed in a Form III or Form IV. [or may] If no form is filed or if an incomplete or incorrect form is filed for a transfer of an establishment, the commissioner may issue an order to the transferor, the transferee, or both, requiring a filing. The commissioner may also request that the Attorney General bring an action in the superior court for the judicial district of Hartford to enjoin any person who fails to comply with any provision of sections 22a-134 to 22a-134e, inclusive, as amended by this act, including, but not limited to, any person who fails to file a form, improperly files a Form I, [or] Form II, Form III or Form IV or the certifying party to a Form III or Form IV to take any actions necessary to prevent or abate any pollution at, or emanating from, the subject [parcel] establishment. Any person to whom such an order is issued may appeal such order in accordance with the procedures set forth in sections 22a-436 and 22a-437.

[(l)] (k) Notwithstanding the exemptions provided in subsection (a) of section 22a-134, nothing contained in sections 22a-134 to 22a-134e, inclusive, as amended by this act, shall be construed as creating an innocent landowner defense for purposes of section 22a-452d.

[(m)] (l) Notwithstanding any other provisions of this section, no person shall be required to comply with the provisions of sections 22a-134 to 22a-134e, inclusive, as amended by this act, when transferring real property (1) (A) for which a Form I or Form II has been filed for the transfer of the parcel on or after October 1, 1995, or (B) for which parcel a Form III or Form IV has been filed and which has been remediated and such remediation has been approved in writing by the commissioner or verified in writing in accordance with this section by a licensed environmental professional that an investigation has been performed in accordance with [the standards adopted by the commissioner in regulations adopted in accordance with the provisions of chapter 54 or, until January 1, 2002, or the adoption of such regulations, whichever is sooner, in accordance with] prevailing standards and guidelines and that the remediation has been performed in accordance with the remediation standards, and (2) at which no activities described in subdivision (3) of section 22a-134 have been conducted since the date of such approval or verification or the date on which the Form I or Form II was filed.

(m) Failure of the commissioner to notify any party in accordance with the provisions of this section in no way limits the ability of the commissioner to enforce the provisions of sections 22a-134 to 22a-134f, inclusive, as amended by this act.

Sec. 17. Section 22a-134d of the general statutes is repealed and the following is substituted in lieu thereof:

[Any person who knowingly gives or causes to be given any false information on any document required by sections 22a-134 to 22a-134e, inclusive, or section 22a-133y or who fails to comply with the provisions of said sections shall forfeit to the state a sum not to exceed one hundred thousand dollars. A civil action shall be instituted to recover such forfeiture.]

Any person who violates any provision of sections 22a-134a to 22a-134e, inclusive, as amended by this act, or regulations issued in accordance with the provisions of said sections shall be assessed a civil penalty or shall be fined in accordance with section 22a-438.

Sec. 18. Subsection (j) of section 22a-134e of the general statutes is repealed and the following is substituted in lieu thereof:

(j) The fees specified in this section shall be paid by [the transferee of the establishment except that the fee for a Form III or Form IV shall be paid, on and after July 1, 1994, by] the certifying party.

Sec. 19. Subsection (m) of section 22a-134e of the general statutes is repealed and the following is substituted in lieu thereof:

(m) On and after October 1, 1995, the fee for filing a Form III or Form IV shall be due in accordance with the following schedule: An initial fee of two thousand dollars shall be submitted to the commissioner with the filing of a Form III or Form IV. If a licensed environmental professional verifies the remediation of the [parcel] establishment and the commissioner has not notified the certifying party that the commissioner's written approval of the remediation is required, no additional fee shall be due. If the commissioner notifies the certifying party that the commissioner's written approval of the remediation is required, the balance of the total fee shall be due prior to the commissioner's issuance of [his] the commissioner's final approval of the remediation.

Sec. 20. Subsection (p) of section 22a-134e of the general statutes is repealed and the following is substituted in lieu thereof:

(p) Notwithstanding any other provision of this section, the fee for filing a Form II or Form IV for [a parcel] an establishment for which the commissioner has issued a written approval of a remediation under subsection (c) of section 22a-133x within three years of the date of the filing of the form shall be the total fee for a Form III specified in subsection (n) of this section and shall be due upon the filing of the Form II or Form IV.

Sec. 21. (NEW) (a) Any certifying party who has submitted a Form III or Form IV to the Commissioner of Environmental Protection pursuant to section 22a-134a of the general statutes prior to the effective date of this act may comply, after providing notice to the transferor, transferee and, if different, the owner of the parcel, with the requirements to investigate and remediate under sections 22a-134a to 22a-134d, inclusive, as amended by this act, instead of the requirements for investigation and remediation under sections 22a-134a to 22a-134d of the general statutes in effect at the time of the submittal of such Form III or Form IV.

(b) Any person who has submitted a Form I, Form II, Form III or Form IV to the Commissioner of Environmental Protection pursuant to section 22a-134a of the general statutes, as amended by this act, may petition the commissioner to withdraw such form. Such petitioner shall notify the transferor, the transferee and the certifying party by certified mail. The petitioner shall make every reasonable effort to identify the address of such transferor, transferee and certifying party. The transferor, transferee and certifying party shall have thirty days to submit to the commissioner written objections to such petition. The commissioner may approve the petition if it demonstrates to the commissioner's satisfaction that the property or business was not an establishment or the transaction was not a transfer at the time the form was submitted. If the commissioner approves the petition, no further action is required by the certifying party with respect to its obligations under the form, but the form and the fee shall not be returned.

Sec. 22. (NEW) A lien pursuant to section 22a-452a of the general statutes shall not be placed against real estate on which a service station was transferred and in operation on or after May 1, 1967, provided the transferor certifies to the transferee that (1) the service station, or any part thereof, complies with regulations adopted by the Commissioner of Environmental Protection pursuant to subsection (d) of section 22a-449 of the general statutes concerning design, construction, installation and maintenance of underground facilities storing oil or petroleum liquids, (2) there has been no spill on the real estate or any spill has been remediated in accordance with procedures approved by the commissioner and the commissioner has determined that such spill does not pose a threat to human health or safety or to the environment which would warrant containment or removal or other mitigation measures, and (3) any hazardous waste or oil or petroleum liquid remaining on the real estate is being managed in accordance with the provisions of chapter 446k of the general statutes and regulations adopted thereunder.

Sec. 23. Section 22a-6g of the general statutes is repealed and the following is substituted in lieu thereof:

[Notwithstanding any other provision of this title or regulations adopted hereunder, any]

(a) Any person who submits an application to the Commissioner of Environmental Protection for any permit or other license pursuant to section 22a-32, 22a-39, 22a-174, 22a-208a, 22a-342, 22a-361, 22a-368, 22a-403 or 22a-430, subsection (b) or (c) of section 22a-449, section 22a-454 or Section 401 of the federal Water Pollution Control Act (33 USC 466 et seq.), except an application for authorization under a general permit shall: (1) Include with such application a signed statement certifying that the applicant will publish notice of such application on a form supplied by the commissioner in accordance with this section; (2) publish notice of such application in a newspaper of general circulation in the affected area; (3) send the commissioner a certified copy of such notice as it appeared in the newspaper; and (4) notify the chief elected official of the municipality in which the regulated activity is proposed. Such notices shall include: (A) The name and mailing address of the applicant and the address of the location at which the proposed activity will take place; (B) the application number, if available; (C) the type of permit sought, including a reference to the applicable statute or regulation; (D) a description of the activity for which a permit is sought; (E) a description of the location of the proposed activity and any natural resources affected thereby; (F) the name, address and telephone number of any agent of the applicant from whom interested persons may obtain copies of the application; [,] and (G) a statement that the application is available for inspection at the office of the Department of Environmental Protection. The commissioner shall not process an application until the applicant has submitted to the commissioner a copy of the notice required by this section. The provisions of this section shall not apply to discharges exempted from the notice requirement by the commissioner pursuant to subsection (b) of section 22a-430, to hazardous waste transporter permits issued pursuant to section 22a-454 or to special waste authorizations issued pursuant to section 22a-209 and regulations adopted thereunder.

(b) Notwithstanding any other provision of this title or any regulation adopted pursuant to this title, the following applications are exempt from the provisions of subsection (a) of this section: (1) An application for authorization under a general permit; (2) an application for a minor permit modification for sources permitted under Title V of the federal Clean Air Act Amendments of 1990 in accordance with 40 CFR 70.7; and (3) an application for a minor permit modification or revision if the Commissioner of Environmental Protection has adopted regulations, in accordance with the provisions of chapter 54, establishing criteria to delineate applications for minor permit modifications or revisions from those applications subject to the requirements of subsection (a) of this section.

Sec. 24. Section 22a-6h of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The Commissioner of Environmental Protection, at least thirty days before approving or denying an application under section 22a-32, 22a-39, 22a-174, 22a-208a, 22a-342, 22a-361, 22a-368, 22a-403 or 22a-430, subsection (b) or (c) of section 22a-449, section 22a-454 or Section 401 of the federal Water Pollution Control Act (33 USC 466 et seq.), shall publish or cause to be published, at the applicant's expense, once in a newspaper having a substantial circulation in the affected area notice of [his] the commissioner's tentative determination regarding such application. Such notice shall include: (1) The name and mailing address of the applicant and the address of the location of the proposed activity; (2) the application number; (3) the tentative decision regarding the application; (4) the type of permit or other authorization sought, including a reference to the applicable statute or regulation; (5) a description of the location of the proposed activity and any natural resources affected thereby; (6) the name, address and telephone number of any agent of the applicant from whom interested persons may obtain copies of the application; (7) a brief description of all opportunities for public participation provided by statute or regulation, including the length of time available for submission of public comments to the commissioner on the application; and (8) such additional information as the commissioner deems necessary to comply with any provision of this title or regulations adopted hereunder, or with the federal Clean Air Act, federal Clean Water Act or federal Resource Conservation and Recovery Act. The commissioner shall further give notice of such determination to the chief elected official of the municipality in which the regulated activity is proposed. Nothing in this section shall preclude the commissioner from giving such additional notice as may be required by any other provision of this title or regulations adopted hereunder, or by the federal Clean Air Act, federal Clean Water Act or federal Resource Conservation and Recovery Act. The provisions of this section shall not apply to discharges exempted from the notice requirement by the commissioner pursuant to subsection (b) of section 22a-430, to hazardous waste transporter permits issued pursuant to section 22a-454 or to special waste authorizations issued pursuant to section 22a-209 and regulations adopted thereunder.

(b) For the purposes of this section, "application" means a request for a license or renewal thereof or for any permit or modification of a license or permit or renewal thereof if the modification is sought by the licensee.

(c) Notwithstanding any other provision of this title or any regulation adopted pursuant to this title, the following applications are exempt from the provisions of subsection (a) of this section: (1) An application for a minor permit modification for sources permitted under Title V of the federal Clean Air Act Amendments of 1990 in accordance with 40 CFR 70.7; or (2) an application for a minor permit modification or revision if the Commissioner of Environmental Protection has adopted regulations, in accordance with the provisions of chapter 54, establishing criteria to delineate applications for minor permit modifications or revisions from those applications subject to the requirements of subsection (a) of this section.

Sec. 25. Section 12-63f of the general statutes is repealed and the following is substituted in lieu thereof:

For the five assessment years commencing with the first assessment and collection of the tax imposed under this chapter on a parcel of real property which assessment and collection follows an approval of a final remedial action report by the Commissioner of Environmental Protection or a filing of such a report by a licensed environmental professional regarding such property other than any such approval or filing made under section 22a-133m, or if no such report has been approved or filed, a filing of a Form IV under section 22a-134a, and which assessment and collection occurs on or after January 1, 1999, and before January 1, 2006, twenty per cent of any amount received by a municipality from such assessment in excess of the highest amount received from an assessment for any one of the three fiscal years preceding such approval or filing shall be paid to the State Treasurer and shall be deposited into the Special Contaminated Property Remediation and Insurance Fund established under section 22a-133t provided this section shall not apply to taxes imposed on personal property, penalties or interest. For the purposes of this section, "municipality" means any town, consolidated town and city or consolidated town and borough.

Sec. 26. Subsection (b) of section 22a-6k of the general statutes is repealed and the following is substituted in lieu thereof:

(b) The commissioner may issue a temporary authorization for any activity for which the commissioner has authority to issue a general permit under section 22a-174, 22a-208a, 22a-361, [22a-368] 22a-378a, 22a-411, 22a-430b or 22a-454 provided [he] the commissioner finds that (1) such activity will not continue for more than thirty days; (2) such activity does not pose a significant threat to human health or the environment; (3) such authorization is necessary to protect human health or the environment or is otherwise necessary to protect the public interest; and (4) such authorization is not inconsistent with the federal Water Pollution Control Act, the federal Rivers and Harbors Act, the federal Clean Air Act or the federal Resource Conservation and Recovery Act. No temporary authorization shall be renewed more than once, and no such authorization shall be issued for an activity which has been authorized by a temporary authorization during the previous twelve months. Any person seeking a temporary authorization shall submit to the commissioner sufficient information to allow the commissioner to make the determination set forth herein. A temporary authorization shall be limited by any conditions the commissioner deems necessary to adequately protect human health and the environment. Summary suspension of a temporary authorization may be ordered in accordance with subsection (c) of section 4-182. The commissioner may assess a fee for a temporary authorization issued pursuant to this subsection. Such fee shall be of an amount equal to the equivalent existing permit fee for the activity authorized. The commissioner may reduce the fee required pursuant to this subsection if good cause is shown. The fee required pursuant to this subsection shall be paid before the issuance of the temporary authorization. The commissioner may, if good cause is shown, allow late payment of the fee required by this subsection provided such fee shall be paid no later than ten days after the issuance of the temporary authorization.

Sec. 27. Subsection (a) of section 7-151b of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The Commissioner of Environmental Protection may appoint lake patrolmen to enforce any boating laws delegated by said commissioner. Any such lake patrolman may carry a firearm or baton, or both, only upon completion of a basic police training course defined in section 7-294a or a firearms safety course offered by the Department of Environmental Protection. Such lake patrolmen shall not be construed to be state employees and compensation therefore shall be paid by the municipality or lake authority responsible for the lake. Such lake patrolmen may use their own vessels to enforce the provisions of this section, provided the state shall not be liable for any damage caused by a lake patrolman using such vessel in the course of [his] such lake patrolman's duties. A municipality employing lake patrolmen shall assume liability for damage caused by such patrolmen pursuant to section 7-465. A lake authority may protect and save harmless any lake patrolman employed by the authority from financial loss and expense, including legal fees and costs, if any, arising out of any claim, demand, suit or judgment by reason of alleged negligence on the part of such lake patrolman while acting in the scope of [his] such lake patrolman's employment.

Sec. 28. Section 22a-6t of the general statutes is repealed.

Sec. 29. This act shall take effect from its passage, except that section 5 shall take effect July 1, 2002, and sections 14 to 28, inclusive, shall take effect October 1, 2001.

Approved July 11, 2001