Connecticut Seal

General Assembly

File No. 375

    February Session, 2018

Substitute House Bill No. 5454

House of Representatives, April 10, 2018

The Committee on Environment reported through REP. DEMICCO of the 21st Dist., Chairperson of the Committee on the part of the House, that the substitute bill ought to pass.

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

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

Section 1. Section 22a-6ee of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

Notwithstanding any provision of the general statutes, whether received before, on or after the effective date of this section, the Department of Energy and Environmental Protection shall make best efforts to review and make a final determination on each of the following types of permit applications not later than ninety days after receipt of such application provided such application is complete: (1) Air permits for the temporary use of radiation DTX or the temporary use of radiation RMI issued pursuant to section 22a-150, (2) aquifer protection registration issued pursuant to section 22a-354i-7 of the regulations of Connecticut state agencies, [(3) aquifer protection, (4)] (3) certificate of permission issued pursuant to section 22a-363b, [(5) coastal management consistency review form for federal authorization, (6) emergency authorization to discharge to groundwater to remediate pollution, (7) property transfers, (8)] (4) disposal of special waste issued pursuant to section 22a-209 and any regulation adopted pursuant to said section, [(9) marine terminals, (10) pesticide application by aircraft, (11) pesticides in state waters, (12) waste transportation] (5) collecting waste oil or petroleum or chemical liquids or hazardous waste issued pursuant to section 22a-454, [(13)] (6) E-waste: Manufacturer issued pursuant to section 22a-630, [(14) E-waste: Covered recycler, (15)] (7) emergency discharge authorization issued pursuant to subsection (a) of section 22a-6k, [(16)] (8) online sportsmen licensing system, [(17)] (9) state park passes and bus permits issued pursuant to section 23-26, [(18)] (10) state parks and forests special use licenses issued pursuant to section 23-11, [(19) campground reservations] (11) leases of camping sites issued pursuant to sections 23-16 and 23-16a, [(20) other camping permits, (21)] (12) boating permits issued pursuant to section 15-140b, [(22)] (13) safe boating certifications issued pursuant to section 15-140e, [(23)] (14) marine event permits issued pursuant to section 15-121-A6 of the regulations of Connecticut state agencies, [(24)] (15) marine dealer certificates issued pursuant to section 15-121-B5 of the regulations of Connecticut state agencies, [(25)] (16) navigation marker permit issued pursuant to section 15-121-A5 of the regulations of Connecticut state agencies, [(26)] (17) regulatory marker permit issued pursuant to section 15-121-A5 of the regulations of Connecticut state agencies, [(27)] (18) water ski slalom course or jump permit issued pursuant to section 15-134, [(28) fishing tournaments, (29)] (19) inland fishing licenses issued pursuant to section 26-112, [(30)] (20) marine recreational and commercial licenses, [(31)] (21) hunting and trapping issued pursuant to section 26-30, [(32)] (22) nonshooting field trial issued pursuant to section 26-51-2 of the regulations of Connecticut state agencies, [(33)] (23) private land shooting preserve permit issued pursuant to section 26-48, [(34)] (24) regulated hunting dog training applications issued pursuant to sections 26-49, 26-51 and 26-52, [(35)] (25) scientific collection permit for aquatic species, plants and wildlife, and for educational mineral collection issued pursuant to section 26-60, [(36) commercial arborist, (37) licensed environmental professional, (38) pesticide certification licensing and registration, (39) solid waste facility operator, (40) wastewater treatment facility operator certification, (41)] (26) commercial fishing licenses and permits issued pursuant to section 26-142a, [(42) forest practitioner, (43)] (27) nuisance wildlife control operator issued pursuant to subsection (b) of section 26-47, [(44)] (28) taxidermist issued pursuant to section 26-58, and [(45)] (29) wildlife rehabilitator issued pursuant to section 26-54. [Following such ninety-day period, if a final determination on such an application is not made by said agency, such application shall be deemed approved] Unless an applicant provides the department with additional time, in writing, the department shall ensure that all deficiencies in any of the applications for a permit described in this section are identified and the applicant notified, in writing, of such deficiencies not later than ninety days after the department received such application.

Sec. 2. (NEW) (Effective from passage) The Commissioner of Energy and Environmental Protection shall establish a pilot program that authorizes the use of not more than two licensed environmental professionals, as described in section 22a-133v of the general statutes, by the Department of Energy and Environmental Protection for the purpose of expediting the issuance of permits. Any expense related to the use of such licensed environmental professionals shall be recovered by the department through any applicable permit fee for those permits that are expedited by such use. The commissioner shall retain all authority for the issuance of any permit pursuant to such pilot program.

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

Section 1

from passage

22a-6ee

Sec. 2

from passage

New section

ENV

Joint Favorable Subst.

 

The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose. In general, fiscal impacts are based upon a variety of informational sources, including the analyst's professional knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.


OFA Fiscal Note

State Impact: None

Municipal Impact: None

Explanation

The bill requires the Department of Energy and Environmental Protection (DEEP) to make best efforts to make a final determination on complete permit applications within 90 days. This has no fiscal impact, as approximately 80% of general and individual receive a determination by DEEP within 90 days.

Additionally, the bill requires DEEP to establish a pilot program allowing two licensed environmental professionals (LEP's) to expedite the issuance of permits. This provision is not anticipated to result in a fiscal impact as the bill requires DEEP to recover LEP expenses through permit fees.

The Out Years

State Impact: None

Municipal Impact: None

OLR Bill Analysis

sHB 5454

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 that allows the department to use up to two licensed environmental professionals (LEPs) to expedite the issuance of permits. But the commissioner retains authority for issuing the permits. The bill requires DEEP to recover LEP expenses through the applicable permit fees for permits expedited under the program.

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:

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)

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