You asked for summaries of the Environment Committee bills that became public acts in 2007. We list them in order by public act number, below. We do not include bills that were enacted into law as part of SB 1500, the general government implementer bill (PA 07-4).

ESTABLISHING AN EQUINE ADVISORY COUNCIL

This act establishes an Equine Advisory Council to help the Department of Environmental Protection (DEP) study state horse trail preservation. PA 07-42, effective upon passage.

FEDERAL ENVIRONMENTAL STANDARDS AND PROCEDURES

By law, the DEP commissioner may adopt regulations regarding activities for which there are federal standards or procedures. When proposing these regulations, prior law required DEP to clearly distinguish, either in regulations or through supplemental documentation, those provisions that differed from the applicable federal standards or procedures. This act requires DEP to clearly distinguish these proposed regulatory provisions from any federal standards or procedures, not just those that are applicable. PA 07-45, effective October 1, 2007.

DOGS THAT ATTACK DOMESTIC ANIMALS OR LIVESTOCK

This act creates a process to address dogs that bite other dogs and animals that is similar to the existing process for dogs and other animals that bite people. It requires (1) anyone whose animal is attacked by a dog to report the incident to an animal control officer (ACO) and (2) the ACO to investigate. The act allows the agriculture commissioner or an ACO to order the restraint or disposal of such an attacking dog after an ACO's investigation.

Under the act, if the owner or keeper of an attacking dog fails to comply with an ACO's order, an ACO may seize the dog to ensure compliance. The owner or keeper is (1) responsible for any expenses resulting from the seizure and (2) subject to a fine of up to $ 250, up to 30 days in prison, or both.

The act allows anyone aggrieved by an order to request a hearing before the commissioner no later than 14 days after the order is issued. After the hearing, the commissioner may affirm, modify, or revoke the order as he or she deems proper.

The act exempts from its provisions dogs that a state or local police agency owns if they (1) are under the direct supervision, care, and control of an assigned police officer; (2) have received yearly vaccinations; and (3) are subject to routine veterinary care. PA 07-59, effective October 1, 2007.

DAM SAFETY

This act makes several changes to the laws on dams and dam inspections. Specifically, it:

1. authorizes municipal officials to inspect certain dams they believe pose a public safety concern;

2. requires the DEP commissioner to notify a dam owner if a dam needs to be repaired or maintained to keep it safe;

3. requires owners of property with “high hazard” or “significant hazard” dams to record the dams' presence and classification in town land records; and

4. tightens permit requirements for people constructing dams and related structures in certain situations. PA 07-61, effective October 1, 2007.

IDENTIFICATION OF HARVESTED SHELLFISH

This act transfers jurisdiction over the Cockenoe Flats shellfish grounds in Westport from the state to the town of Westport, gives the Westport Shellfish Commission jurisdiction over recreational clamming in the shellfish grounds, and allows the commission to issue recreational clamming permits for use of the grounds by all state residents.

It allows the agriculture department, upon a municipality's written request, to enter into a memorandum of understanding with the municipality authorizing the municipal health department or a similar agency to collect sea water samples for shellfish harvest water classification. It specifies duties with respect to the memorandum and sampling and allows the municipality to assist the department with sample collection under certain circumstances.

The act also requires the agriculture department to assign a unique confidential code for tag identification information about shellfish harvest locations.

It requires a buoy to meet certain specifications if it marks (1) the line between private and public or natural oyster, clam, or mussel (shellfish) beds and (2) an area in town beds for planting or cultivating shellfish (marker buoy).

It also limits the area authorized by a resource assessment permit, which the department issues to assess the viability of a shellfish area, to 100 acres or less. Under the act, the department must require buoys to be placed at each corner of the assessment area, as the permit applicant defines it, before any assessment begins. The department must notify all abutting shellfish ground owners or lease holders that it has issued such a permit no later than five days before the permit's effective date. PA 07-74, effective upon passage, except for the provision concerning buoys, which is effective July 1, 2007.

LICENSED ENVIRONMENTAL PROFESSIONALS

This act expands the sanctions that can be imposed on licensed environmental professionals (LEPs) who falsify information, engage in professional misconduct, or otherwise violate environmental laws or regulations. It makes use of an LEP to verify the investigation and remediation of contaminated property standard procedure unless the DEP commissioner chooses to review and approve the clean-up herself. It specifies that the law on investigating and remediating contaminated real property applies to political subdivisions of the state that own such land. It requires an LEP to submit documentation to the commissioner when a site investigation required by the Transfer Act has been completed, and to notify the commissioner when remediation begins. It makes other minor and conforming changes. PA 07-81, effective October 1, 2007.

THE AQUIFER PROTECTION AREA PROGRAM

This act specifies when public and private water companies must submit maps of new well fields to DEP, amends aquifer protection agencies' hearing and decision schedules, authorizes municipalities to fine people who violate municipal aquifer regulations, and makes minor changes. PA 07-85, effective October 1, 2007.

THE USE OF CLEANING PRODUCTS IN STATE BUILDINGS

This act bans the use of cleaning products that do not meet certain guidelines or environmental standards in state-owned buildings. To be eligible for use, the cleaning products must minimize the potential harmful impact on human health and the environment to the maximum extent possible. PA 07-100, effective October 1, 2007.

EXPANSION OF THE ANIMAL POPULATION CONTROL PROGRAM

This act expands the state's Animal Population Control Program (APCP) by requiring the agriculture commissioner to establish programs to (1) sterilize and vaccinate the pets of low-income people and (2) assist registered nonprofit rescue groups with feral cat sterilization and vaccination. The commissioner must use APCP funds to pay for the two new programs. It eliminates a provision of prior law that allowed the commissioner to set aside APCP funds to assist in the sterilization of feral cats.

Specifically, the act allows the commissioner to (1) use up to 20% of APCP funds for the two new programs (up to 10% for each) and (2) seek funds for them. It also increases, from $ 180,000 to $ 225,000, the amount of APCP funds that the Agriculture Department may use for administrative costs.

The act requires the agriculture commissioner to distribute a standard dog licensing form to pet shop operators, grooming facilities, municipal pounds and dog training facilities that provide the form to dog owners. Under prior law, the commissioner distributed this form only to veterinarians. PA 07-105, effective October 1, 2007, except a conforming change is effective upon passage.

PRESERVING MARITIME HERITAGE LAND

This act gives certain licensed commercial lobstermen a property tax break by treating portions of waterfront property they own and use for lobstering (“maritime heritage land”) as “490 program” land. Under the 490 program, farm, open space, and forest land is assessed at its current use value for property tax purposes.

The act defines maritime heritage land as the portion of waterfront real property that a licensed commercial lobster fisherman owns and uses for commercial lobstering. It excludes buildings the lobsterman does not use exclusively for commercial lobstering. The lobsterman must have earned at least 50% of his or her adjusted gross income in the prior tax year, as determined for federal income tax purposes, from commercial lobster fishing. The lobsterman must provide satisfactory proof to the municipal assessor where the property is located.

By law, a conveyance tax is imposed on land in the 490 program when (1) its use classification changes or (2) it is sold or transferred within 10 years of its classification (with certain exceptions). The act extends the same conveyance tax penalty, as well as other 490 program provisions, to property classified as maritime heritage land.

The act also adds a municipal option for an additional 50% commercial property tax break for land classified as maritime heritage land. PA 07-127, effective July 1, 2007.

THE FACE OF CONNECTICUT

This act increases grant ceilings for, and makes adjustments to, the Open Space and Watershed Acquisition Grant Program. It also creates a loan program to help municipalities purchase agricultural land.

By law, grants under the Open Space and Watershed Acquisition Grant Program are capped at certain percentages of a desired property's fair market value. The act increases the percentages.

Under prior law, a grant to a municipality was 50% of the land's fair market value or interest. The act increases the amount to 65%. (By law, a grant to a municipality for acquisition of land for class I and class II water supply protection is already capped at 65%. )

The act also increases the cap amount on the percentage of land value:

1. from 50% to 65% for grants to nonprofit land conservation organizations for acquisition of land for open space or watershed protection,

2. from 40% to 65% for grants to water companies to acquire land that is eligible to be classified as class I or II land, and

3. from 65% to 75% for grants to distressed municipalities, targeted investment communities, or the entity they approve for open space acquisition.

It also increases, from 2% to 5%, the percentage of grant funds that the DEP may use for certain administrative expenses related to the program.

The act requires the agriculture commissioner to administer a program that provides eligible municipalities with loans to purchase agricultural land. The act provides that municipalities (1) are eligible for the loan if they provide at least 20% of the purchase price for the land and (2) may apply for it on a form the agriculture commissioner prescribes. Under the act, the loan term cannot exceed five years and is not subject to interest.

The act establishes the “municipal purchasing of agricultural land account” as a separate, non-lapsing account within the General Fund. The agriculture commissioner must use account funds to provide municipalities the interest-free agricultural land acquisition loans.

The act authorizes the agriculture commissioner to adopt regulations that establish the criteria for the agricultural land acquisition loans and the terms governing the loans. PA 07-131, effective July 1, 2007.

A MUNICIPAL STORMWATER AUTHORITY PILOT PROGRAM, SPECIAL SERVICES DISTRICTS, CLEAN WATER FUND DISBURSEMENTS AND THE DEFINITION OF UNIMPROVED LAND FOR TAX PURPOSES

This act requires the DEP commissioner to create a municipal stormwater authority pilot program in up to four municipalities adjoining Long Island Sound by September 1, 2007, and authorizes her to provide up to $ 1 million in grants to the participating towns. Each stormwater authority may adopt regulations to implement a stormwater management program and may, with the commissioner's approval, enter into contracts with any municipal or regional entity to accomplish its purposes.

It defines unimproved land, for purposes of the commercial real estate conveyance tax, as farm, forest, or open space. (The conveyance tax applies to the transfer of real property valued at $ 2,000 or more, with several exceptions. The seller pays the tax. The conveyance of commercial real estate is taxed at a rate of 1% of the sale price. Unimproved land is taxed at a 0. 5% rate. )

By law, regional water pollution control authorities finance their water pollution control projects with a combination of grants and loans from the Clean Water Fund. Under prior law, starting in FY 07, eligible projects could receive only loans, and not grants. The act repeals this provision, allowing regional authorities to continue to receive project grants.

Finally, it extends the length of time in which a special services district must repay its debt obligations from one to seven years after it incurs them. PA 07-154, effective upon passage, except that the special services district provision takes effect September 1, 2007, and the conveyance tax provision takes effect July 1, 2007.

THE CREATION OF A FARMLAND PRESERVATION ADVISORY BOARD, A STATE BUILDING CODE FOR AGRICULTURE, AND ZONING REGULATION OF FARMING

This act requires the State Bond Commission to vote on whether to issue, at certain times and when available, bonds that the legislature approved for agricultural land preservation programs but the commission has not allocated. It creates a 12-member Farmland Preservation Advisory Board to help the agriculture department with its purchase of development rights program and other efforts to preserve agricultural lands. PA 07-162, effective July 1, 2007.

BANNING PESTICIDE USE ON SCHOOL GROUNDS

This act:

1. expands a ban on applying lawn care pesticides at preschools and elementary schools to schools with students through grade eight, but allows a school superintendent and other appropriate authorities to authorize emergency applications of lawn care pesticides in health emergencies at such schools;

2. extends, for one year, an exemption to the ban for pesticides applied according to certain integrated pest management plans (IPMs); and

3. makes DEP responsible for administering and enforcing school pesticide applications.

Under prior law, the DEP commissioner could designate DEP officers or employees to enforce pesticide laws. The act (1) permits the commissioner to authorize any such enforcement actions only within available appropriations, and (2) authorizes her to designate officers and employees to enforce school pesticide applications.

Also under prior law, the commissioner (1) had to annually review a sampling of state department, agency, or institution pest control management plans required by regulation and (2) could review an application of pesticides at the departments, agencies, or institutions to determine whether they used IPM at their facilities if the commissioner provided a model IPM plan pertaining to those facilities. The act applies these provisions to schools and requires that the commissioner's annual review of department, agency, institution, and school pest control management plans be conducted within available appropriations. PA 07-168, effective October 1, 2007.

INCLUDING ON-BOARD OIL REFINING SYSTEMS IN THE DEFINITION OF LOCAL CAPITAL IMPROVEMENT PROJECTS

This act allows municipalities that acquire and install certain on-board oil refining systems to have their costs reimbursed from the Local Capital Improvement Program Fund. The refining systems must consist of filtration and evaporation canisters that remove solid and liquid contaminants from lubricating oil. PA 07-177, effective July 1, 2007.

COLLECTING AND RECYCLING COVERED ELECTRONIC DEVICES

This act creates a mandatory recycling program for discarded computers and televisions. Starting January 1, 2009, manufacturers must participate in a program to implement and finance the collection, transportation, and recycling of these covered electronic devices (CEDs). They may participate in the statewide program or a private program.

It requires each CED manufacturer to register with the DEP and pay an annual registration fee, which DEP must use to administer the program. Each registered manufacturer also must pay recyclers the reasonable costs of transporting and recycling its CEDs. The act sets a maximum transportation and recycling reimbursement rate of 50 cents per pound.

The act prohibits, with some exceptions, retailers from selling CEDs manufactured by noncompliant manufacturers. It requires municipalities to provide for the convenient recycling of CEDs generated within their borders and arrange for bringing CEDs to DEP-approved recyclers.

The act prohibits, starting January 1, 2011, anyone (1) from knowingly discarding a CED at a solid waste disposal facility other than a transfer station, and (2) charging a fee to state residents bringing seven or fewer CEDs to a collector (apparently a transfer station or solid waste hauler) at any one time.

It creates two separate, nonlapsing accounts within the Environmental Quality Fund. DEP must use funds from the (1) “electronic device recycling program account” to carry out the act's provisions and (2) “covered electronic recycler reimbursement account” to reimburse recyclers for their unpaid qualified expenses.

The commissioner must adopt regulations to implement the act. The regulations must include provisions establishing

1. annual registration and reasonable fees for administering the program;

2. a process for approving recyclers;

3. a table of qualified reimbursable costs for recyclers;

4. standards for the operation, accounting, and auditing of recyclers;

5. a list of CEDs not limited to those the act specifies, such as printers; and

6. any other requirements needed to carry out the act. The commissioner may help create and implement a regional, multi-state organization or compact to help carry out its provisions.

PA 07-189, effective October 1, 2007, except for the provision requiring DEP to adopt regulations, which takes effect July 1, 2007, and the provision allowing the commissioner to take part in a regional organization or compact, which takes effect upon passage.

UNDERGROUND STORAGE TANKS

This act makes several changes to the Underground Storage Tank (UST) Petroleum Clean-Up program. Among other things, it:

1. allows certain owners and operators of USTs to store certain records off-site;

2. broadens eligibility for reimbursement from the account;

3. limits the attorney general's ability to sue in certain cases;

4. changes requirements for obtaining payment or reimbursement from the UST Clean-Up Petroleum Account Review Board;

5. modifies the requirements for written approvals accompanying reimbursement and payment applications;

6. requires the DEP commissioner to adopt certain regulations concerning the removal of residential heating oil storage tank systems; and

7. makes technical and conforming changes.

PA 07-192, various effective dates.

AN EXEMPTION FOR ANTIQUES

The law prohibits anyone from selling or distributing for promotional purposes certain products that contain mercury or a mercury compound, and requires sellers and distributors to label other such products. The act exempts such products if an antiques dealer certifies in writing that, to the best of his knowledge, they were made before January 1, 2004. It requires product owners to retain the written certification. For the purposes of the act, an antiques dealer is a person whose primary business is buying or selling items that are at least 25 years old. PA 07-223, effective October 1, 2007.

APPROVAL OF SMALL ALTERNATIVE ON-SITE SEWAGE TREATMENT SYSTEMS

This act requires the Department of Public Health (DPH) commissioner, by December 31, 2008, to establish and define discharge categories for alternative on-site sewage treatment systems that have a daily capacity of 5,000 gallons or less. It gives the commissioner jurisdiction over such systems once he has done so and requires him to establish minimum requirements for the systems. (PA 07-1, June Special Session, requires the commissioner to accomplish these tasks within available appropriations. ) DEP, which under prior law had jurisdiction over all alternative on-site sewage treatment systems, retains jurisdiction over any system not under DPH's jurisdiction. PA 07-231, effective July 1, 2007.

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