Environment Committee

JOINT FAVORABLE REPORT

SPONSORS OF BILL:

Environment Committee

Sen. Finch

Rep. Roy

REASONS FOR BILL:

The reasons for this bill are to address public safety concerns in the maritime area. The bill will allow municipalities to streamline their process for abandoned vessels. It also allows for the amendment of boating statutes to incorporate federal safety, navigational, lighting and equipment requirements. Also it specifies procedures for boating collisions and accidents. It allows DEP to penalize individuals who teach unauthorized boating courses. Also it allows for the state to hold a person responsible if they are allowing a person under the age of 16 to operate a boat or personal watercraft without a safe boating certificate or certificate of personal watercraft operation. It also defines the term “boat livery” and places certain restrictions on people who rent and operate rental boats. Lastly, it updates state law to coincide with Federal Energy Regulatory Commission requirements regarding safety controls and warning devices on approaches to dams on the Housatonic River.

Substitute language in the bill is to add “direct” to lines 734 and 771.

RESPONSE FROM ADMINISTRATION/AGENCY:

Gina McCarthy, Commissioner, Department of Environmental Protection supports the bill because it satisfies numerous boating safety and abandoned boat concerns in the state of Connecticut. This proposal provides a long term solution for the handling of abandoned boats. Also this bill will ensure that the statute does not violate a person's due process rights. The bill also includes a provision regarding a municipality's protection from liability. Lastly, section 16 of the bill provides for the repeal of section 15-133a, which section currently requires the Department to prescribe, install and maintain suitable safety controls and warning devices on the approaches to dams, including dams located on the Housatonic River. This section is duplicative and unnecessary because the Federal Energy Regulatory Commission requires the licensee or owner of the dam to provide such safety controls and warning devices.

NATURE AND SOURCES OF SUPPORT:

William Brown, First Selectman, Stonington CT supports the bill because I want to know how I can remove boats that are clearly derelict and/or abandoned. Hopefully legislation that is written will clearly state who has the authority to remove such boats without creating a liability issue for the municipality.

John Johnson, Legislative Chair, Connecticut Marine Trades Association supports the bill because it encompasses a number of important areas of safety for boating in Connecticut and should be moved forward. One important section of this bill is how to handle abandoned vessels, who has the authority to deal with them and what may be done with them. This is a growing problems and needs definition. The bill gives authority to harbor masters or other duly authorized municipal representatives to deal with the situation. A second major section links state boating safety and equipment regulations with federal regulations, allowing the flexibility for the state details to change with any federal changes. The bill clarifies vessel or personal watercraft rental situations regarding Boating Safety Certificate and Personal Watercraft Certificate requirements and what information a person engaged in renting these crafts must make available to those renting. Also addressed are the penalties for misuse of Boating Safety class materials and a shortened period for temporary certificates of operation. This bill would also give the Commissioner of DEP the authority to issue general permits for minor activities that may have minimal impact on the environment.

NATURE AND SOURCES OF OPPOSITION:

None Expressed