Connecticut Seal

General Assembly

File No. 117

    February Session, 2018

Substitute Senate Bill No. 344

Senate, March 28, 2018

The Committee on Environment reported through SEN. KENNEDY of the 12th Dist. and SEN. MINER of the 30th Dist., Chairpersons of the Committee on the part of the Senate, that the substitute bill ought to pass.

AN ACT CONCERNING A MEMORANDUM OF UNDERSTANDING AND REGULATIONS FOR ELECTRONIC SURVEILLANCE DEVICES REQUIRED BY THE DEPARTMENT OF AGRICULTURE.

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

Section 1. (NEW) (Effective from passage) The Commissioner of Agriculture shall enter a memorandum of understanding with aquaculture licensees for the utilization of electronic surveillance devices by the Department of Agriculture to monitor the locations of such licensees. Such memorandum of understanding shall: (1) Prescribe the conditions and requirements of utilizing such surveillance devices, (2) provide that such monitoring is for the purpose of assuring the safety of the products of such licensees, (3) require any costs associated with such devices, including, but not limited to, any service for the use of such devices, shall be paid by the Department of Agriculture, and (4) prohibit the disclosure of any data received or collected by the department as a result of utilizing such devices. Such memorandum of understanding shall be effective until the effective date of the regulations described in section 2 of this act.

Sec. 2. (NEW) (Effective from passage) Not later than July 1, 2020, the Department of Agriculture shall adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to establish criteria for the enforcement of any requirement that any aquaculture licensee utilize an electronic surveillance device. Such regulations shall include, but need not be limited to, the establishment of any applicable fees and mandatory fines for violating any provisions of such regulations and protocols for the storage and safeguarding of any data collected by the department as a result of requiring the use of such electronic surveillance devices.

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

Section 1

from passage

New section

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:

Agency Affected

Fund-Effect

FY 19 $

FY 20 $

Department of Agriculture

GF - Revenue Gain

Potential Minimal

Potential Minimal

Department of Agriculture

GF - Cost

125,000

115,000

Note: GF=General Fund

Municipal Impact: None

Explanation

The bill requires the Department of Agriculture (DoAg) to: (1) enter into a memorandum of understanding (MOU) with shell fishing licensees allowing DoAg to use electronic surveillance devices to monitor vessel locations, (2) by July 1, 2020, adopt regulations establishing criteria for enforcing that the licensees use the devices, and (3) that any costs associated with the devices, including service costs, be paid by DoAg.

This results in total costs of $125,000 in FY 19 (including one-time equipment costs of $10,000 to outfit the 47 vessels still requiring monitoring systems) and costs of $115,000 in FY 20 annually and thereafter associated with ongoing monitoring system maintenance.

Lastly, the bill requires that regulations by July 1, 2020 must include fees and mandatory fines for violations for enforcement of the bill's provisions. Any revenue collected for this purpose is anticipated to be minimal since vessels would be expected to comply with the new monitoring system.

The Out Years

The annualized ongoing fiscal impact identified above would continue into the future subject to inflation and the cost of on ongoing maintenance.

OLR Bill Analysis

sSB 344

AN ACT CONCERNING A MEMORANDUM OF UNDERSTANDING AND REGULATIONS FOR ELECTRONIC SURVEILLANCE DEVICES REQUIRED BY THE DEPARTMENT OF AGRICULTURE.

SUMMARY

This bill requires the Department of Agriculture (DoAg) commissioner to (1) enter into a memorandum of understanding (MOU) with aquaculture (e.g., shell fishing) licensees for DoAg to use electronic surveillance devices to monitor their locations and (2) by July 1, 2020, adopt regulations establishing criteria for enforcing a requirement that the licensees use the devices. The bill requires that the MOU be in effect until the regulations take effect.

Under the bill, the MOU must:

The regulations must establish (1) any applicable fees and mandatory fines for violations and (2) protocols for storing and safeguarding the data DoAg collects from the devices.

EFFECTIVE DATE: Upon passage

COMMITTEE ACTION

Environment Committee

Joint Favorable Substitute

Yea

28

Nay

0

(03/14/2018)

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