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ENVIRONMENTAL LEGISLATION AND POLICY;

OLR Research Report


ACTS AFFECTING ENVIRONMENT

2009-R-0261
Revised

October 23, 2009

By: Paul Frisman, Principal Analyst,
Joseph Holstead, Associate Analyst

TO THE READER

This report provides highlights of new laws (Public and Special Acts) affecting the environment enacted during the 2009 regular and special legislative sessions. At the end of each summary we indicate the Public Act (PA) or Special Act (SA) number and the date the legislation takes effect.

Not all provisions of the acts are included here. Complete summaries of all 2009 Public Acts will be available when OLR's Public Act Summary book is published; some are already on OLR's webpage: (www.cga.ct.gov/olr/OLRPASums.asp).

Readers are encouraged to obtain the full text of acts that interest them from the Connecticut State Library, the House Clerk's Office, or the General Assembly's website (www.cga.ct.gov/).

TABLE OF CONTENTS

AGRICULTURE 5

Adulterated Milk, Farm Grants, Fertilizer Law, Grants for Dairy Farmers, and Milk Regulation 5

Grants for Milk Producers 5

Community Investment Account (CIA) 6

AQUACULTURE 7

Naming the State's Shellfish Research Vessel the “John H. Volk” 7

Local Shellfish Commissions 7

BOATING 7

Boating Safety 7

Marine Trades 7

Recreational Use of Candlewood Lake 7

BROWNFIELDS AND HAZARDOUS WASTE 8

Brownfields Development Projects 8

Floodplain Management and Use of Mill Properties 8

Dry Cleaning Establishment Remediation Account 9

ENVIRONMENTAL HEALTH 9

Banning Bisphenol-A in Children's Products and
Food Products
9

Pesticide Applications at Child Day Care Centers
and Schools
9

Environmental Health 10

GREEN BUILDINGS, PRODUCTS AND JOBS 10

Green Building Tax Credits (VETOED) 10

Green Cleaning Products in Schools 11

Green Jobs (VETOED) 11

HUNTING AND FISHING 11

Marine Waters Fishing License, Hunting on
State Land, Shellfishing in Westport, and

Water Quality Special
Districts 11

Internet Hunting 12

HYDROPOWER 12

Collinsville Dams 12

LAND USE 12

Preserving State-Owned Agricultural Land 12

Expiration of Certain Land Use Permits 13

Processing Municipal Applications for State Permits 13

Projects of Regional Significance 13

Smart Growth and Plans of Conservation and Development 14

Ash Residue Disposal Areas and Operation of a
Food-Waste-To-Energy
Plant (VETOED) 14

PETS AND WILDLIFE 15

Possessing and Importing Potentially Dangerous
or Wild Animals
15

Pet Lemon Law and the Release of Rabies
Vaccination Records to Animal Control Officer
16

RECREATION AND NATURAL RESOURCES 16

Connecticut Heritage Areas 16

Preserving Certain Horse Trails 16

Implementing the Invasive Plant Council's Recommendations 17

Diversion of Water to Powder Ridge Ski Area 17

RECYCLING 17

Expanding the Bottle Bill to Include Water 17

Beneficial Use of Solid Waste 17

WATER QUALITY 18

Notification of Contaminants in Drinking Water 18

Clean Water Projects and the American
Recovery and Reinvestment Act of 2009
18

Establishing a Bi-State Long Island Sound Commission
(VETOED; OVERRIDDEN)
19

WASTE DISPOSAL 19

Authorizing the University of Connecticut to Receive and Treat Sewage from Mansfield 19

AGRICULTURE

Adulterated Milk, Farm Grants, Fertilizer Law, Grants for Dairy Farmers, and Milk Regulation

This act explicitly prohibits selling, offering to sell, bartering, or exchanging adulterated milk, milk products, or cheese (i.e., dairy products). A first violation is an infraction and a second violation within one year is a class A misdemeanor. It exempts production of dairy products for personal consumption or consumption by immediate family members from its prohibitions.

The act eliminates the eligibility of nonprofit agriculture organizations' for the Department of Agriculture's (DOAG) farm transition grant program. It instead adds (1) these entities to those eligible for DOAG's farm viability matching grant program and (2) the development of new marketing programs and venues through or in which a majority of products sold are state grown to the viability matching grant's purposes.

The act updates fertilizer law by replacing the law's prior provisions, which were based on a 1965 recommended model law, with the 2008 recommended version. The act supersedes any inconsistent or conflicting special acts, municipal ordinances, or regulations concerning fertilizer.

This act creates a grant program for milk producing dairy farmers and funds it by temporarily increasing, from $30 to $40, the fee people pay when filing documents with town clerks. This increase is effective from the act's effective date until July 1, 2011.

This act eliminates the DOAG commissioner's option to adopt regulations that incorporate by reference the federal Pasteurized Milk Ordinance. It requires instead that all milk dealers processing, handling, storing, distributing, transporting, selling, offering for sale, bartering, or exchanging any dairy product comply with the sanitation, handling, storage, and processing requirements of relevant state milk and milk product laws and regulations.

PA 09-229, effective July 1, 2009, except (1) upon passage for the milk producer grant program and (2) October 1, 2009 for provisions concerning adulterated milk.

Grants for Milk Producers

PA 09-7, September Special Session ( 56), authorizes the $10 million appropriated to the Department of Agriculture (DOAG) for “dairy farmers” under PA 09-3, JSS, to pay for grants to milk producers (i.e., people, firms, or corporations registered as producers of milk for pasteurization). The grants are to be used to pay milk producers to make up the difference between the federal pay price and the minimum sustainable monthly cost of production for milk, as the law defines.

This act specifies that the grants to milk producers from the $10 million appropriation are for the period between January 1, 2009 and June 30, 2009 and requires the commissioner to distribute the grants by November 1, 2009. It requires the DOAG commissioner to calculate grant payments based on the amount of milk each milk producer generated between January 1 and June 30, 2009. The act allows the commissioner to use up to $100,000 of the appropriate funds for grant administration.

PA 09-7, September Special Session, effective upon passage

Community Investment Account (CIA)

PA 09-7, September Special Session ( 41 & 57) transfers $170,000 from the General Fund to the CIA. The act requires a total of $500,000 of the CIA funds that four agencies receive for various purposes go to the General Fund in FY 10 ($125,000 from each agency). It requires the funds be transferred once all the distributions that the law requires from the account to those agencies are made. The agencies are the Department of Agriculture, the Department of Environmental Protection, the Connecticut commission on Culture and Tourism, and the Connecticut Housing Fiance Authority. The CIA is funded by the fee people pay town clerks for each document recorded in municipalities' land records.

At the same time, the act 9 103) eliminates a transfer under PA 09-3, JSS. Under PA 09-3, JSS, $500,000 was transferred in FY 10 from the agriculture viability subaccount of the CIA to the General Fund. The bill eliminates that transfer. By law, money from the CIA funds the farm viability matching grant. The grant may be used for (1) local capital projects that foster agricultural viability, including, processing facilities and farmers' markets; (2) the development and implementation of agriculturally friendly land use regulations and local farmland protection strategies that sustain and promote local agriculture; and (3) the development fo new marketing programs and venues through or in which a majority of products sold are state grown. (The CIA is funded by the fee people pay town clerks for each document recorded in municipalities' land records.)

PA 09-7, September Special Session, effective upon passage

AQUACULTURE

Naming the State's Shellfish Research Vessel the “John H. Volk”

This act names a vessel that the Department of Agriculture uses to research and survey shellfish in Long Island Sound the “John H. Volk.” Volk directed the department's aquaculture bureau for 21 years.

PA 09-91, effective upon passage

Local Shellfish Commissions

By law, local shellfish commissions must prepare and periodically update a shellfish management plan, which they must submit to the agriculture commissioner. This act requires all management plan updates and any comments that the agriculture department makes regarding them to be in writing and subject to the Freedom of Information Act.

PA 09-195, effective July 1, 2009

BOATING

Boating Safety

This act conforms boating laws to motor vehicle laws by replacing the prior crime of 1st degree reckless operation of a vessel while under the influence with 2nd degree manslaughter with a vessel, and increases the penalty for violators. The act makes the new crime a class C felony, which is punishable by a fine of up to $10,000, a prison term of up to 10 years, or both.

PA 09-149, effective July 1, 2009

Marine Trades

This act extends several of the law's provisions concerning marine dealers and engine manufacturers to “marine surveyors” and “yacht brokers.” These include the requirement to be registered with the Department of Environmental Protection (DEP). It eliminates a $50 DEP registration fee and instead allows the DEP commissioner to set fees in regulations.

PA 09-105, effective July 1, 2009

Recreational Use of Candlewood Lake

Under this special act, the DEP commissioner must consult with officials of Brookfield, New Milford, Sherman, New Fairfield, and Danbury to make recommendations concerning the maximum boat length and maximum motor size permitted on Candlewood Lake. In making the recommendations, the commissioner and the chief elected officials of each municipality or their designees must consider public safety, public access, public pump-out facilities, noise pollution, user conflict, and the lake's carrying capacity. The commissioner must submit her recommendations to the Environment Committee by February 1, 2010.

SA 09-12, effective upon passage

BROWNFIELDS AND HAZARDOUS WASTE

Brownfields Development Projects

This act makes many changes affecting the regulatory framework for identifying, investigating, remediating, and developing contaminated property (brownfields). It expands the protections from liability for municipalities that take various steps to promote brownfield remediation. These steps include entering and inspecting property, acquiring it, and conveying it to other parties.

The act makes it easier for parties acquiring a brownfield under the Transfer Act to recover investigation and remediation costs from those responsible for contaminating the property by reducing the criteria for obtaining recovery and establishing procedures and deadlines for starting recovery actions. The procedures include allowing the responsible parties to participate in the investigation and remediation.

It establishes a program to protect brownfield developers from liability for contamination that escaped from a brownfield before they acquired it. The program is open to developers who agree to remediate the brownfield according to state standards. The act also creates a regulatory mechanism that allows developers to remediate the soil and use the property while conducting long-term groundwater monitoring and remediation.

The act reduces the regulatory criteria state agencies must meet when developing contaminated mill sites in floodplains. It also requires state agencies and quasi-public agencies to provide for the use of green remediation technologies when soliciting bids, requesting proposals, or negotiating contracts for remediating brownfields.

PA 09-235, effective October 1, 2009, except for the floodplains, Transfer Act, and municipal inspection provisions, which are effective upon passage, and the municipal liability protections, innocent third party status, and reimbursement provisions, which are effective July 1, 2009.

Floodplain Management and Use of Mill Properties

By law, the DEP must approve or exempt certain state agency actions in or affecting floodplains. An agency proposing these actions must certify to the commissioner, among other things, that the proposal will promote long-term, non-intensive floodplain uses and has utilities located to discourage floodplain development.

This act exempts from this requirement an agency's proposal to use a mill located on a brownfield if the agency demonstrates that the activity (1) is subject to state environmental remediation regulations, (2) is limited to the area of the property where mill uses have historically occurred, and (3) complies with the National Flood Insurance Program. In addition, an agency proposing a critical activity must show that it is above the 500-year flood elevation. (A 500-year flood has a 1-in-500 chance of occurring in a given year.)

PA 09-141, effective upon passage

Dry Cleaning Establishment Remediation Account

This account provides grants to owners or operators of dry cleaning businesses to contain, remove, mitigate, or prevent pollution.

By law, the economic and community development commissioner must establish grant distribution procedures and criteria. The act requires that the criteria specify a method to ensure timely payment of funds to grant recipients.

PA 09-7, September Special Session, 34, effective upon passage

ENVIRONMENTAL HEALTH

Banning Bisphenol-A in Children's Products and Food Products

This act bans, starting October 1, 2011, the sale, manufacture, or distribution in the state of:

1. infant formula and baby food stored in plastic containers, jars, and cans made with bisphenol-A and

2. reusable food and beverage containers made with bisphenol-A.

It authorizes the consumer protection commissioner to enforce the ban within available appropriations.

PA 09-103, effective October 1, 2011

Pesticide Applications at Child Day Care Centers and Schools

This act (1) eliminates certain restrictions on when pesticides, other than lawn care pesticides, can be applied in or on the grounds of day care centers; (2) broadens, with conditions, when pesticide applications are allowed in the centers; (3) establishes who may apply pesticides in the centers; and (4) requires day care center licensees or their designees to determine that emergency pesticide applications are necessary in or on the grounds of these facilities.

The act also establishes notice requirements for day care center licensees to inform parents and guardians of children in their care who have requested notice of pesticide applications.

Prior law prohibited the application of lawn care pesticides on the grounds of any public or private school with students up to grade eight, except in emergencies. But it allowed, until July 1, 2009, the application of lawn care pesticides according to an integrated pest management plan on these schools' playing fields and playgrounds. The act extends this exception until July 1, 2010.

PA 09-56, effective October 1, 2009, except for the extension of the lawn care pesticides exception, which is effective July 1, 2009.

Environmental Health

This act requires exclusive service area (an area where public water is supplied by one system) providers to confirm in writing that they (1) have received the applications for public water supply certificates of need and public convenience that must be submitted to the Public Health (DPH) and Public Utility Control departments and (2) are prepared to assume responsibility for the system. It requires the departments, when deciding whether to issue a certificate, to consider whether the system's owner has the financial, managerial, and technical resources to operate it efficiently and reliably and provide continuous, adequate service to consumers.

It requires water company supply plans to include a brief summary of the company's underground infrastructure replacement practices. It lengthens, to between six and nine years, (formerly from between three to five years) the time between required plan revisions, in most cases.

The act extends the time for DPH to establish and define discharge categories for certain alternative on-site sewage treatment systems.

Finally, it updates DPH's responsibilities concerning safe levels of radon.

PA 09-220, effective October 1, 2009

GREEN BUILDINGS, PRODUCTS AND JOBS

Green Building Tax Credits (VETOED)

This act establishes a tax credit for taxpayers who build buildings that meet certain energy and environmental standards (green buildings). The credits can be taken against the corporation business, insurance company, air carriers, railroad company, utility company, and income taxes. The act limits the credit for all projects at $25 million dollars.

PA 09-202, effective July 1, 2009, with the credits applying to income years starting on or after January 1, 2012.

Green Cleaning Products in Schools

By July 1, 2011, this act requires local and regional school boards to implement a green cleaning program to clean and maintain their schools. The program must provide for procurement and proper use of environmentally preferable cleaning products in schools.

Under the act, school districts must provide an annual written statement notifying staff and, if they request it, parents or guardians of enrolled students, of the green cleaning program. Districts must publish notice of the program on the board of education's and each school's website or, if there is no website, publicize it in another way. They must also notify parents or guardians of transfer students and newly hired staff of the program.

PA 09-81, effective October 1, 2009

Green Jobs (VETOED)

This special act requires the Department of Economic and Community Development to apply for federal economic stimulus funds and use them to establish a program to create green jobs and promote green energy and conservation. The program must (1) target investments in renewable energy research, development, and deployment; (2) promote the use of renewable energy in state buildings, nonprofits, and educational institutions; and (3) include components that emphasize the use of the state's existing industries and examine the viability of other renewable industries. The program terminates once the stimulus funds are depleted.

SA 09-16, effective upon passage

HUNTING AND FISHING

Marine Waters Fishing License, Hunting on State Land, Shellfishing in Westport, and Water Quality Special Districts

This act:

1. creates a recreational saltwater (marine sport) fishing license and fees, extends requirements similar to those for freshwater fishing, and adds marine licensing exceptions;

2. sets a baseline for the amount of state land available for hunting;

3. requires that sports fishing marine and hunting license fees be used only for fish and game preservation and related activities; and

4. makes other changes.

The act allows residents to establish a special taxing district to maintain the water quality of lakes located solely in their town.

PA 09-173, effective upon passage except the marine fishing license and related provisions are effective June 15, 2009, and the special water quality districts provision is effective October 1, 2009.

Internet Hunting

This act prohibits anyone from operating, providing, selling, using, or offering to operate, provide, sell, or use any computer software or service in the state that allows someone, when not physically present, to remotely control a firearm or other weapon to hunt a live animal or bird.

PA 09-198, effective October 1, 2009

HYDROPOWER

Collinsville Dams

This act requires the Department of Environmental Protection commissioner to execute an agreement with Canton, Avon, and Burlington that allows the towns to:

1. enter the upper and lower Collinsville dams on the Farmington River and associated structures, such as power houses or gate houses, and conduct physical examinations and studies of them to determine their feasibility for hydroelectric generation and

2. install, operate, and maintain hydroelectric generating facilities and associated appurtenances, including fish ladders, at the dams without adjusting river flows.

The commissioner can enter the agreement with some or all of the towns, under terms and conditions acceptable to her.

PA 09-7, September Special Session, 172, effective upon passage

LAND USE

Preserving State-Owned Agricultural Land

This special act requires the Farmland Preservation Advisory Board to (1) review any state-owned agricultural land, except for that owned by DEP; (2) evaluate methods and ways to preserve it, including conservation easements or transfers of interest; and (3) identify possible recipients of the easements. The board may consider methods that would increase state revenue. It must consult with the state agency controlling the property when conducting its review, and may consult with the attorney general on its legal options to preserve each parcel and with DEP or federal agencies to help calculate the conservation value of each parcel. The board must report to the agriculture commissioner and Environment Committee by January 15, 2010.

SA 09-8, effective upon passage

Expiration of Certain Land Use Permits

This act gives developers more time to complete an ongoing project without seeking re-approval. When a planning and zoning commission or an inland wetlands agency approves a project, it must set an expiration date. Consequently, a developer must complete the project before that date or resubmit it to the commission. The expiration date must fall within the timeframes the law specifies. The timeframes vary depending on the commission and the nature of the project.

The act extends the timeframes for projects commissions approved between July 1, 2006 and July 1, 2009. Under prior law, the timeframes ranged from within two to five years for projects in wetlands to 10 years for large-scale residential and commercial projects. In some cases, prior law allowed commissions to extend the timeframes for up to 10 years from a project's approval date.

The act's timeframes apply to all projects except large-scale residential and commercial projects approved based on a site plan. The new timeframes range from six to 11 years after a project's approval date. In some cases, the act allows zoning and planning commissions to extend a six-year timeframe to 11 years after the project's approval. The act also allows wetlands agencies to extend a permit's expiration date for up to 11 years.

PA 09-181, effective upon passage

Processing Municipal Applications for State Permits

This act requires the environmental protection, public health, and transportation commissioners and the State Traffic Commission, within 60 days after receiving a formal petition, application, or request for a permit from a municipality that must be submitted to these officials, to conduct a preliminary review solely to determine whether the submission is acceptable for filing. The official must notify the municipality of the results of the review. The act does not preclude the officials from requesting additional information after sending this notice. The officials must do their review within available appropriations. The act takes priority over laws requiring other procedures.

PA 09-190, effective October 1, 2009

Projects of Regional Significance

This act requires each regional planning organization to establish a voluntary process for applicants to state or local agencies, departments, or commissions to request a pre-application review of proposed projects of regional significance. Under the act, a project of regional significance is an open air theater, shopping center, or other development to be built by a private developer that is planned to create more than (1) 500,000 square feet of indoor commercial or industrial space, (2) 250 housing units in a one-to-three-story building, or (3) 1,000 parking spaces.

The results or information obtained from the pre-application review cannot be appealed and are not binding on the applicant or any authority, commission, department, agency, or other official having jurisdiction to review the proposed project.

PA 09-165, effective October 1, 2009

Smart Growth and Plans of Conservation and Development

This act postpones, from March 1, 2009 to March 1, 2011, the deadline for revising the five-year State Plan of Conservation and Development (Plan of C&D) prepared by the Office of Policy and Management (OPM). In doing so, it resets the schedule for revising the plan and pushes back the deadline for recommending priority-funding areas. The act also requires the plan's revisions to be consistent with the state's greenhouse gas emissions reduction plan.

Existing law requires municipalities to update these plans at least once every 10 years. It disqualifies those that fail to do so from discretionary state funds until they comply or the OPM secretary waives this provision. The act suspends the provision until the next time the state adopts the revised Plan of C&D, which, under the act, is scheduled on or before July 1, 2012.

Lastly, the act requires the Continuing Legislative Committee on State Planning and Development to study how OPM: (1) prepares the State Plan of C&D and incorporates specified smart growth principles in it, (2) applies the plan and these principles to state agency actions, and (3) integrates the plan with municipal and regional plans of C&D. In studying the plan, the committee must consult with specified groups and report its findings and recommendations to the legislature by February 1, 2010.

PA 09-230, effective upon passage, except for the change temporarily suspending the provision under which municipalities that do not update their local plans as the law requires become ineligible for state discretionary funds, which takes effect July 1, 2010.

Ash Residue Disposal Areas and Operation of a Food-Waste-To-Energy Plant (VETOED)

This act prohibits the Connecticut Resources Recovery Authority or any other person or entity, regardless of any law to the contrary, from condemning, buying, leasing, accepting, taking title to, otherwise acquiring, or using certain parcels of land in the towns of Franklin and Windham for an ash residue disposal site.

It also prohibits the (1) Connecticut Siting Council from issuing a certificate of environmental compatibility and public need and (2) DEP commissioner from issuing a solid waste permit to build or operate a food-waste-to-energy plant in a distressed municipality of more than 100,000 people where there is a liquefied natural gas storage facility of between 10 million and 15 million gallons and a combustion turbine power plant of less than 100 megawatts, if the proposed plant would be within two miles of one or more university regional campuses; hospitals; performing arts centers; churches; and schools, including magnet schools. Waterbury appears to be the only municipality that meets these criteria.

PA 09-112, effective upon passage

Pets and wildlife

Possessing and Importing Potentially Dangerous or Wild Animals

This act increases the penalty for illegally possessing a potentially dangerous animal. It adds gorillas, chimpanzees, and orangutans to those animals considered potentially dangerous. It specifically allows possession of primates (1) owned or imported into the state before October 1, 2003 and (2) weighing no more than 35 pounds when fully grown.

By law, no one may import, possess or release in the state any live fish, wild bird or mammal, reptile, amphibian, or invertebrate without a DEP permit. The act increases the penalty for violating the law. It also requires, rather than allows, DEP to adopt regulations (1) determining the species and number of animals that DEP will permit to be imported, owned, or released in the state and (2) exempting from permit requirements municipal parks and certain other organizations and institutions.

Finally, it allows anyone to annually import reindeer into the state between Thanksgiving Day and the following New Year's Day, provided the reindeer are (1) individually identified, (2) certified to be in good health and (3) exported from the state by January 8 of each year. Current regulations prohibit the importation of reindeer.

PA 09-198, effective October 1, 2009, except the reindeer importation provision, which is effective July 1, 2009.

Pet Lemon Law and the Release of Rabies Vaccination Records to Animal Control Officer

This act expands protections for people who buy from a licensed pet shop a dog or cat that is ill or dies shortly after the sale.

It also requires:

1. dogs that licensed pet shops sell to have certificates of origin that identify specific information about those who had custody of the animal before sale, among other things; and

2. a licensed veterinarian, upon request of any animal control officer, to provide the officer a copy of a rabies certificate and any associated rabies vaccination records for a dog or cat that has bitten a person or another animal.

PA 09-228, effective July 1, 2009

Recreation and Natural Resources

Connecticut Heritage Areas

This act authorizes state entities to take certain actions in “Connecticut Heritage Areas” and defines these areas as places the legislature identified as having significant historic, recreational, cultural, natural, and scenic resources forming an important part of the state's heritage.

The act requires state agencies, departments, boards, and commissions to consider these areas when developing planning documents and processes. It specifically requires OPM to consider how to protect and conserve them when revising the State Plan of Conservation and Development after October 1, 2009. The act allows state entities to collaborate with those managing the areas on environmental protection, heritage resource preservation, recreation, tourism, trail development, and similar projects.

Lastly, the act recognizes the Quinebaug and Shetucket Rivers Valley National Heritage Corridor and the Upper Housatonic Valley National Heritage Area as Connecticut Heritage Areas.

PA 09-221, effective upon passage

Preserving Certain Horse Trails

This act requires the DEP commissioner to preserve seven trails for horseback riding. It does not prohibit other public uses of the specified trails.

PA 09-180, effective upon passage

Implementing the Invasive Plant Council's Recommendations

This act prohibits, from July 1, 2009 to October 1, 2014, municipalities from adopting ordinances regulating the retail sale or purchase of invasive plants. It allows these plants to be moved for specific purposes and makes other changes in invasive plant laws.

PA 09-52, effective July 1, 2009

Diversion of Water to Powder Ridge Ski Area

This act transfers to the town of Middlefield, regardless of the law imposing certain conditions on license transfer, the Department of Environmental Protection permit issued on September 23, 2004, to Whitewater Mountain Resorts of Connecticut, Inc. (DIV-200102314, Revised) authorizing the diversion of water from Lake Beseck to the Powder Ridge ski area. It makes Middlefield the licensee of record, authorizes it to maintain the water diversion according to the permit terms, and makes it responsible for complying with all permit terms and conditions.

PA 09-7, September Special Session, 170, effective upon passage

RECYCLING

Expanding the Bottle Bill to Include Water

This act expands the beverage container redemption law to types of water, which it calls “noncarbonated beverages.” It requires, starting April 1, 2009, that noncarbonated beverage containers indicate a refund value of five cents. It requires distributors to pay dealers and redemption centers a handling fee of two cents for each redeemed container of a noncarbonated beverage.

It allows small manufacturers of noncarbonated beverages to seek an exemption from the act's requirements, and authorizes the governor to delay implementation of the requirements for noncarbonated beverage containers until October 1, 2009.

PA 09- 2, effective April 1, 2009, except the provisions concerning small manufacturers and allowing the governor to delay implementation are effective upon passage.

Beneficial Use of Solid Waste

This act allows the DEP commissioner to issue, under certain conditions, (1) a general permit for the beneficial use of hazardous waste and (2) individual authorizations for the beneficial use of solid waste. Beneficial use is the use or reuse of processed municipal waste for a purpose that does not harm or threaten public health, safety, welfare, or the environment.

PA 09-211, effective October 1, 2009

WATER QUALITY

Notification of Contaminants in Drinking Water

This act requires the public health commissioner, no later than five business days after receiving notice that a public water system violates U.S. Environmental Protection Agency national primary drinking water standards, to notify, either in writing or electronically, the chief elected official of (1) the municipality where the public water system is located and (2) any municipality it serves.

PA 09-30, effective upon passage

Clean Water Projects and the American Recovery and Reinvestment Act of 2009

Existing law authorizes the DEP commissioner to use money in the Clean Water Fund's water pollution control federal revolving loan account to provide financial assistance to municipalities to build eligible water quality projects and for other purposes under the federal Clean Water Act. By law, money in the account may only be used in specific ways. This act allows the treasurer to transfer this money to the water pollution control state account to meet federal subsidization requirements.

Existing law similarly allows money in the Clean Water Fund's drinking water federal revolving loan account to be used in specific ways to provide financial assistance for the construction of eligible DPH -approved drinking water projects and for other federally authorized purposes. The act allows the DEP and DPH commissioners to also provide additional forms of subsidization, including grants, principal forgiveness, negative interest loans or combinations of these, if permitted by federal law and

made according to a legally authorized project funding agreement.

PA 09-12, effective upon passage

Establishing a Bi-State Long Island Sound Commission (VETOED; OVERRIDDEN)

This act creates a Bi-State Long Island Sound Commission and limits the responsibilities of the Bi-State Long Island Sound Marine Resources Committee. The commission must:

1. review and consider major environmental, ecological, and energy issues involving (a) Long Island Sound and (b) the lower Hudson River Valley as it affects the Sound;

2. seek consensus on strategies and polices on these issues; and

3. recommend administrative and legislative action to implement the strategies and policies.

The commission is created and assumes its responsibilities when New York adopts similar legislation.

PA 09-151, effective July 1, 2009, and when New York enacts similar legislation.

WASTE DISPOSAL

Authorizing the University of Connecticut to Receive and Treat Sewage from Mansfield

This special act allows the UConn board of trustees to enter into an agreement with the town of Mansfield to receive and treat sewage from the town's Four Corners area. The board may grant easements over university land to build a sewer system to convey the sewage to UConn's sewer collection system.

SA 09-9, effective upon passage

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