OLR Bill Analysis

sHB 5454 (as amended by House "A")*

AN ACT CONCERNING NINETY-DAY PERMIT TURNAROUND TIMES FOR THE DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION.

SUMMARY

This bill requires the Department of Energy and Environmental Protection (DEEP) to make best efforts to review and make a final determination on certain permit applications within 90 days, as long as the applications are complete. DEEP must identify, and notify an applicant in writing of, all deficiencies in an application within 90 days of receiving it. The applicant may grant DEEP additional time for its review in writing. The bill applies to permit applications received by DEEP before, on, or after the bill's passage.

Under current law, specified applications are automatically approved if DEEP does not make a final determination on them within 90 days. The bill eliminates this automatic approval provision.

The bill applies its new timeframe requirements to 29 specified types of permit applications, as shown in Table 1. Current law's automatic approval provision applies to 45 types of applications, some of which are not for permits.

Lastly, the bill requires the DEEP commissioner to establish a pilot program to expedite the issuance of permits. For the program, the commissioner may use up to two licensed environmental professionals (LEPs) or other qualified environmental professionals he certifies as experts on relevant environmental protection regulations and principles (see BACKGROUND). The commissioner may establish fees for the expedited service and must retain authority for issuing the permits.

*House Amendment “A” makes two changes to the pilot program. It allows the DEEP commissioner to (1) use other qualified environmental professionals in addition to LEPs and (2) establish fees for the expedited service instead of recovering expenses through permit fees.

EFFECTIVE DATE: Upon passage

PERMIT APPLICATIONS AFFECTED

Table 1 identifies the 29 types of permit applications to which the bill's timeframe requirements apply and the applicable statutory or regulatory citation for each such permit, as identified in the bill. Most of these applications are subject to the current law's automatic approval provision.

Table 1: Permit Applications Subject to the Bill's Timeframe Requirements

 

Permit Application

Citation

1

Air permits for the temporary use of radiation DTX or RMI

CGS 22a-150

2

Aquifer protection registration

Conn. Agencies Regs. 22a-354i-7

3

Certificate of permission

CGS 22a-363b

4

Disposal of special waste

CGS 22a-209 and related regulations

5

Collecting waste oil, petroleum, chemical liquids, or hazardous waste

CGS 22a-454

6

E-waste manufacturer

CGS 22a-630

7

Emergency discharge authorization

CGS 22a-6k(a)

8

Online sportsmen licensing system

None specified

9

State park passes and bus permits

CGS 23-26

10

State parks and forests special use licenses

CGS 23-11

11

Camping site leases

CGS 23-16 & 23-16a

12

Boating permits

CGS 15-140b

13

Safe boating certifications

CGS 15-140e

14

Marine event permits

Conn. Agencies Regs. 15-121-A6

15

Marine dealer certificates

Conn. Agencies Regs. 15-121-B5

16

Navigation marker permit

Conn. Agencies Regs. 15-121-A5

17

Regulatory marker permit

Conn. Agencies Regs. 15-121-A5

18

Water ski slalom course or jump permit

CGS 15-134

19

Inland fishing licenses

CGS 26-112

20

Marine recreational and commercial licenses

None specified

21

Hunting and trapping

CGS 26-30

22

Non-shooting field trial

Conn. Agencies Regs. 26-51-2

23

Private land shooting preserve permit

CGS 26-48

24

Regulated hunting dog training

CGS 26-49, 26-51, & 26-52

25

Scientific collection permit for aquatic species, plants, and wildlife and for educational mineral collection

CGS 26-60

26

Commercial fishing licenses and permits

CGS 26-142a

27

Nuisance wildlife control operator

CGS 26-47(b)

28

Taxidermist

CGS 26-58

29

Wildlife rehabilitator

CGS 26-54

Current law also applies to the following applications, but the bill does not:

1. aquifer protection (but see aquifer protection registration in Table 1),

2. coastal management consistency review form for federal authorization,

3. emergency authorization to discharge to groundwater to remediate pollution,

4. property transfers,

5. marine terminals,

6. pesticide application by aircraft,

7. pesticides in state waters,

8. waste transportation,

9. E-waste covered recycler,

10. campground reservations and other camping permits (but see camping site leases in Table 1),

11. fishing tournaments,

12. commercial arborists,

13. licensed environmental professional,

14. pesticide certification and registration,

15. solid waste facility operator,

16. wastewater treatment facility operator certification, and

17. forest practitioner.

BACKGROUND

Licensed Environmental Professional

An LEP is a person qualified by experience and education to engage in activities associated with investigating and remediating pollution, including the release of hazardous waste or petroleum products into soil or groundwater, who has passed a state examination (CGS 22a-133v).

COMMITTEE ACTION

Environment Committee

Joint Favorable Substitute

Yea

30

Nay

0

(03/22/2018)