Connecticut Seal

General Assembly

 

Raised Bill No. 269

February Session, 2018

 

LCO No. 1522

 

*01522_______CE_*

Referred to Committee on COMMERCE

 

Introduced by:

 

(CE)

 

AN ACT CONCERNING THE ASSESSMENT OF CIVIL PENALTIES AGAINST SMALL BUSINESSES BY THE DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2018) (a) For the purposes of this section, "small business entity" means a corporation, association, partnership, limited liability company or any other similar form of business organization with fewer than two hundred fifty employees.

(b) (1) Notwithstanding any provision of the general statutes, the Commissioner of Energy and Environmental Protection shall not assess a civil penalty against any small business entity for a first violation of any provision of the regulations adopted by the commissioner if, not later than thirty days after the small business entity receives written notice from the commissioner of such first violation, such business entity (A) takes measures that ensure a complete remedy of the condition that resulted in such violation within a reasonable period of time, not to exceed six months after receipt of such notice, and (B) submits written documentation of such measures to the commissioner. If such condition is not remedied within such six-month period, the commissioner shall assess a civil penalty for such first violation unless the commissioner extends such period of time in writing.

(2) The provisions of this section shall not apply to (A) any wilful or grossly negligent violation, (B) any violation that results in harm to human health or the environment, or (C) any penalty required under any provision of federal law or regulation, including any penalty required as a condition for receiving federal funding.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2018

New section

Statement of Purpose:

To permit certain businesses to remediate first-time regulatory violations without financial penalty if such remediation is done in a timely manner.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]