Substitute Senate Bill No. 894
          Substitute Senate Bill No. 894

              PUBLIC ACT NO. 97-234


AN ACT CONCERNING  MINOR  AND  TECHNICAL REVISIONS
RELATED  TO  PROGRAMS   OF   THE   DEPARTMENT   OF
AGRICULTURE  AND  THE   MUNICIPAL   REGULATION  OF
SHELLFISHING.


    Be it enacted  by  the  Senate  and  House  of
Representatives in General Assembly convened:
    Section  1.  Section   22-6c  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    The Commissioner of  Agriculture may reimburse
any farmer for part of the cost of compliance with
a farm resources  management  plan,  provided such
plan   has   been   certified   by   the   federal
[Agricultural   Stabilization   and   Conservation
Service] FARM SERVICE AGENCY, or the Department of
Environmental  Protection  and   the  cost  is  in
accordance  with  said  certification.  The  total
federal and state  grant  available  to  a  farmer
shall not be  more  than  seventy-five per cent of
such cost. In making grants under this section the
commissioner  shall  give   priority   to  capital
improvements  made  in   accordance  with  a  farm
resources  plan  prepared   pursuant   to  section
22a-354m.
    Sec. 2. Subsection  (c)  of section 22-26cc of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (c) The commissioner  shall  have  no power to
release   such   land    from   its   agricultural
restriction,  except  as   set   forth   in   this
subsection.   [If  the]   THE   commissioner,   in
consultation    with    the     Commissioner    of
Environmental Protection and  such advisory groups
as the Commissioner  of  Agriculture  may appoint,
[approves] MAY APPROVE (1) a petition by the owner
of the restricted agricultural land TO REMOVE SUCH
RESTRICTION PROVIDED SUCH  PETITION IS approved by
resolution of the  [governing] LEGISLATIVE body of
the town or (2) a petition by the LEGISLATIVE BODY
OF THE town  in which such land is situated [,] TO
REMOVE SUCH RESTRICTION  PROVIDED SUCH PETITION IS
approved in writing  by  [the]  SAID  owner.  UPON
APPROVAL OF SUCH  A  PETITION BY THE COMMISSIONER,
the [governing] LEGISLATIVE body of the town shall
submit to the  qualified  voters  of such town the
question of removing  the agricultural restriction
from such land  or a part thereof, at a referendum
held at a  regular  election or a special election
warned and called for that purpose. In the event a
majority of those voting at such referendum are in
favor of such  removal,  the  restriction shall be
removed from the  agricultural land upon filing of
the certified results  of  such  referendum in the
land records and  the  office  of the Secretary of
the State, and  the [then owner of the development
rights shall be  entitled  to  exercise  all  such
rights including the  sale  thereof]  COMMISSIONER
SHALL CONVEY THE  DEVELOPMENT RIGHTS TO SUCH OWNER
PROVIDED SUCH OWNER  SHALL PAY THE COMMISSIONER AN
AMOUNT EQUAL TO  THE  VALUE  OF  SUCH RIGHTS. Such
petition   shall   set   forth   the   facts   and
circumstances upon which  the  commissioner  shall
consider  approval, and  said  commissioner  shall
deny such approval  unless  he determines that the
public  interest  is   such   that   there  is  an
overriding necessity to  relinquish control of the
development rights. The commissioner shall hold at
least one public  hearing  prior to the initiation
of any proceedings  hereunder.  The  expenses,  if
any, of the  hearing  and  the referendum shall be
borne by the  petitioner.  In  the  event that the
state  sells  any  development  rights  under  the
procedure provided in  this  subsection,  it shall
receive the [reasonable  value thereof at the time
of such sale] VALUE OF SUCH RIGHTS.
    Sec. 3. Subsection  (a)  of section 22-26dd of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a) The Secretary  of the Office of Policy and
Management, acting with  such assistance as may be
required from the Commissioner of Agriculture, the
United    States    [Soil]    NATURAL    RESOURCES
Conservation Service, the  Agricultural  Extension
Service of The  University  of Connecticut and the
regional planning agencies  in  the  state,  shall
have prepared such maps as are necessary to depict
land use throughout the state.
    Sec. 4. Subsection  (b)  of  section 22-136 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (b)  The  commissioner  shall  administer  the
regulations. Applications for  examinations  shall
be  made  in   writing  to  the  commissioner.  [,
accompanied by the  following  fees  if  submitted
between  July  1,   1991,   and   July   1,  1992:
Examination  for  weigher's  or  gager's  license,
fifteen   dollars;   examination   for   sampler's
license, which may  also  include  a  weigher's or
gager's license, fifteen  dollars; examination for
tester's  license,  which   may   also  include  a
sampler's, weigher's or  gager's  license, fifteen
dollars;  bacteriological  examinations,   fifteen
dollars. On and after July 1, 1992, such] ANY fees
FOR SUCH APPLICATIONS  shall be established by the
commissioner  pursuant  to  section  22-128a.  The
commissioner shall designate the time and place of
holding the examinations,  and  may  issue, to any
person who has  complied  with the regulations for
the examination and  has  passed  the  same to the
satisfaction of the  commissioner,  a  license  to
weigh or gage, sample or test any milk or cream.
    Sec. 5. Subsection  (c)  of  section 22-150 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (c) [Between July  1,  1991, and July 1, 1992,
the commissioner shall charge a fee of twenty-five
dollars for such  registration.] On and after July
1, 1992, the commissioner shall charge a fee in an
amount established pursuant to section 22-128a for
such registration.
    Sec. 6. (NEW)  Upon  the  establishment of the
Northeast Interstate Dairy  Compact  commission as
provided for in  section  22-203aa  of the general
statutes, the Governor  shall  appoint the state's
delegation  to  said  commission  from  among  the
members of the  Milk  Regulation Board established
under section 22-131  of the general statutes. The
delegation shall include one member who represents
the interests of milk consumers, one member who is
a processor of  milk and two members who are dairy
farmers.  In  addition   to  the  members  of  the
delegation from the  Milk  Regulation  Board,  the
Governor shall appoint one retailer of milk to the
delegation.
    Sec.  7.  Section   22-26hh   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    The State Bond  Commission  shall  have power,
from time to  time,  to  authorize the issuance of
bonds of the  state  in  one or more series and in
principal amounts not  exceeding  in the aggregate
seventy-eight million two  hundred  fifty thousand
dollars, the proceeds  of  which  shall be used by
the Commissioner of  Agriculture  for the purposes
of  this chapter  provided  not  more  than  fifty
thousand dollars shall be used for the purposes of
[sections] SECTION 22-26dd  [and  22-26ee] and not
more than two  million  dollars  shall be used for
the purposes of section 22-26jj. All provisions of
section 3-20, or  the  exercise  of  any  right or
power granted thereby  which  are not inconsistent
with the provisions  of  this  section  are hereby
adopted and shall apply to all bonds authorized by
the  State  Bond   Commission   pursuant  to  this
section, and temporary  notes  in  anticipation of
the money to  be derived from the sale of any such
bonds so authorized  may  be  issued in accordance
with said section  3-20  and  from  time  to  time
renewed. Such bonds  shall  mature at such time or
times  not  exceeding   twenty  years  from  their
respective dates as may be provided in or pursuant
to the resolution or resolutions of the State Bond
Commission authorizing such  bonds.  None  of said
bonds shall be authorized except upon a finding by
the State Bond  Commission  that  there  has  been
filed with it  a  request  for such authorization,
which is signed  by  or on behalf of the Secretary
of the Office  of Policy and Management and states
such terms and  conditions  as said commission, in
its discretion, may  require.  Said  bonds  issued
pursuant  to  this   section   shall   be  general
obligations of the  state  and  the full faith and
credit of the state of Connecticut are pledged for
the payment of  the  principal  of and interest on
said bonds as the same become due, and accordingly
and as part  of the contract of the state with the
holders  of  said   bonds,  appropriation  of  all
amounts necessary for  punctual  payment  of  such
principal and interest  is  hereby  made,  and the
Treasurer shall pay such principal and interest as
the same become due.
    Sec. 8. Subsection  (a)  of  section 22-239 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a) The Commissioner of Agriculture shall have
power, when he finds such action necessary for the
protection  of  producers,  to  require  a  dealer
holding a permit  issued  under  section 22-173 or
22-184 [or section  22-184a]  to provide a bond or
other security, satisfactory  to the commissioner,
payable  to  the  state  of  Connecticut  for  the
benefit  of  such   producers.   Such  bond,  with
sufficient  surety, or  other  security,  properly
assigned to the  commissioner, shall be filed with
the commissioner, in  such  form as he prescribes,
and conditioned upon  full  and prompt payment for
all milk received  or  purchased from producers by
such dealer during  the  license year or remainder
thereof.
    Sec.  9.  Section   22-279a   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    Any livestock animal or poultry [as defined in
section 22-394] being  tested  for  any disease in
accordance with the  Uniform  Methods and Rules of
the United States Department of Agriculture or for
any  biological  or   chemical  residue  shall  be
quarantined on the premises where the test is made
until the test  results are available and the test
chart is signed  by  a veterinarian or an employee
of the Department of Agriculture administering the
test, provided the  commissioner  may release such
livestock animal or poultry from quarantine at any
time. Any blood,  tissue or milk sample taken from
any livestock animal  or  poultry pursuant to this
section  shall be  submitted  for  analysis  to  a
laboratory  approved  by   the   Commissioner   of
Agriculture.  The  laboratory   shall  report  the
results of the  test to the commissioner who shall
notify the person  administering  the test of such
results.
    Sec. 10. (NEW) The Commissioner of Agriculture
may lease any  state recreational shellfish bed to
a municipality which  is  adjacent to such bed for
ten dollars per  acre  per year pursuant to a plan
approved by said  commissioner  for the management
of such bed by such municipality. The use of local
shellfish  programs  shall  be  available  to  any
resident of the state, without regard to residence
in the municipality.  The  use  of  shellfish beds
shall be restricted  to recreational shellfishing.
The fee charged for licenses or permits for use of
local shellfish programs  shall  be  the  same for
residents and nonresidents  of  the  municipality.
Any fees received  by  any  such municipality from
the issuance of  licenses  or  permits  issued  to
residents of the  municipality  for  use  of local
shellfish  programs  shall   be  retained  by  the
municipality.  Such fees  shall  be  used  by  the
municipality to manage  local  shellfish programs.
Any fees received  by  any  such municipality from
nonresidents  for  the   use  of  local  shellfish
programs shall be deposited by the commissioner in
a revolving fund  to carry out the state shellfish
management  and enforcement  plan.  Municipalities
that lease shellfish  beds  shall  make  such beds
available  by access  from  the  shore,  including
providing space for  parking, and access by marine
approach.
    Sec.  11.  (a)   Sections   22-26b,   22-26ee,
22-26ff, 22-151, 22-184a,  22-191, 22-297, 22-315,
22-353, 22-380a, 22-380b, 22-380c, 22-380d, 22-417
and 22-418 of the general statutes are repealed.
    (b) In codifying  the  provisions of this act,
the  Legislative Commissioners  shall  delete  the
references to the  sections repealed by subsection
(a) of this section which appear in section 19a-1c
of the general statutes.

Approved June 26, 1997