OLR Bill Analysis
AN ACT CONCERNING THE CONTRACT POWERS OF THE COMMISSIONER OF ENVIRONMENTAL PROTECTION AND ESTABLISHING A CLIMATE CHANGE IMPACTS TASK FORCE
This bill requires the Governor's Steering Committee on Climate Change to create a Climate Change Impacts task force to assess climate change impacts on the state, and recommend to the governor and legislature ways the state can adapt to, and mitigate, these impacts. It authorizes the Department of Environmental Protection (DEP) commissioner to contract with, and serve on the board of, a nonprofit organization created to help the state implement a multi-state air pollution control program. It is not clear if state law allows the commissioner to both contract with an organization and serve on its board.
EFFECTIVE DATE: October 1, 2008, except for the provision authorizing the commissioner to contract with, and serve on the board of, a nonprofit organization takes effect upon passage.
CLIMATE CHANGE IMPACTS TASK FORCE
The bill requires, by January 1, 2009, the Governor's Steering Committee on Climate Change to create a Climate Change Impacts task force to (1) assess climate change impacts on state and local infrastructure, public health, and natural resources and habitats; (2) prepare recommendations and plans to enable state and local governments to adapt to these impacts; and (3) provide technical assistance to implement the recommendations and plans. Task force members must consist of any state agency representatives and experts the steering committee finds appropriate.
By December 31, 2009, the task force must report to the steering committee on its assessment of current state and private programs and its research on the impact of climate change on state:
1. infrastructure, including buildings, roads, railroads, airports, dams, reservoirs, and sewage treatment and water filtration plants;
2. natural resources and ecological habitats, including coastal and inland wetlands, forests, and rivers;
3. public health; and
4. agriculture.
The task force may hold public hearings on its assessment and on recommendations for further assessments of climate change impacts on these resources.
The task force must report to the governor and legislature, by July 1, 2010, on the results of its assessment and its recommendations for changes to state and municipal programs, laws, or regulations to enable municipalities and natural habitats to adapt to and mitigate harmful climate change impacts.
DEP COMMISSIONER'S AUTHORITY
Current law authorizes the commissioner to employ technical consultants for special studies, advice, and assistance. The bill authorizes her to enter into contracts with these technical consultants, including contracts with nonprofit corporations created to help the state implement a multi-state air pollution control program. It authorizes her to also serve on the board of directors of such a nonprofit corporation. It is unclear if this would violate the state Ethics Code's prohibition against public officials engaging in any business, employment, transaction, or professional activity that substantially conflicts with the proper discharge of their duties, employment in the public interest, or responsibilities as prescribed by law (CGS § 1-84).
COMMITTEE ACTION
Environment Committee
Joint Favorable Substitute
Yea |
22 |
Nay |
5 |
(03/12/2008) |