United States: Update On Environmental Legislative Developments: The Connecticut General Assembly's 2014 Regular Session

This update provides an overview of selected environmental bills before the Connecticut General Assembly during its 2014 regular session. Should you have questions or comments regarding legislative developments in the environmental and land use arenas, please feel free to contact any of the attorneys listed in the sidebar.

Brownfields Remediation & Connecticut's Property Transfer Law

Public Act No. 14-88, which was signed by Gov. Malloy on June 3, supplements existing compliance options when investigating and remediating environmental conditions as required by the Remediation Standard Regulations of the Connecticut Department of Energy and Environmental Protection (DEEP). The Act provides that participants in Connecticut's voluntary cleanup program may submit interim verifications to DEEP. Interim verifications demonstrate to DEEP that a site has been investigated and remediated in accordance with DEEP standards, except that the selected remedy, although in operation, has not yet achieved compliance with groundwater standards. The Act also provides for partial site verification - both interim and final - by a Licensed Environmental Professional (LEP), in lieu of requiring investigation and remediation of the entire site before the LEP's submittal of a verification under the voluntary remediation program.

The Act expands the authority of the commissioner of the Department of Economic and Community Development (DECD) to modify the terms of brownfield loans to forgive or delay repayment made to private parties, not just municipalities and economic development entities.

The Act modifies the Connecticut property transfer law (the "Transfer Act"). Removed or abated building materials (e.g., asbestos) are excluded from the calculation of monthly hazardous waste generation when determining whether or not the Transfer Act applies to a transaction. Lastly, properties that municipalities take by eminent domain, and a municipality's subsequent conveyance of these properties to another party, are exempted from the Transfer Act.

Effective Date: Effective from passage.
Signed by Governor: June 3, 2014.

Water Planning Council

Public Act No. 14-163 requires that the state's Water Planning Council (WPC) prepare a state water plan by July 1, 2017. This plan replaces the long-range plan that DEEP, the Department of Public Health (DPH) and the Office of Policy and Management (OPM) previously were required to prepare.

Per the Act, the state water plan will:

  • identify the quantities and qualities of water, considering both surface water and groundwater;
  • identify present and projected water demands;
  • recommend the use of Connecticut's water resources, including surface and subsurface water;
  • recommend steps to increase climate resiliency;
  • recommend technology and infrastructure upgrades;
  • account for a variety of water body uses;
  • inform Connecticut residents about the importance of water resource stewardship and conservation;
  • establish conservation guidelines and consumer incentives with due consideration for energy efficiency;
  • develop a water reuse policy;
  • meet data needs for planning and permitting decisions;
  • account for ecological, environmental, public health, safety and economic impacts;
  • seek to incorporate regional and local plans;
  • promote intra-regional solutions and sharing of water resources;
  • develop and recommend strategies to address climate resiliency; and
  • identify modifications to laws and regulations necessary to implement the state water plan.

The Act also directs the DPH, along with the WPC, to study the feasibility of a licensure program to qualify water professionals to assist with compliance with the federal Safe Drinking Water Act.

Effective Date: Effective July 1, 2014, or as specified in the applicable provision.
Signed by Governor: Not as of the date of this writing.

Recycling and Materials Management

Public Act No. 14-94 creates the Materials Innovation and Recycling Authority (MIRA), the successor authority to the Connecticut Resources Recovery Authority. The Act defines MIRA's purpose and authority.

The Act requires that the DEEP commissioner revise the statewide solid waste management plan to divert not less than 60 percent of the solid waste generated in the state after January 1, 2024. The Act requires that the DEEP commissioner, in consultation with MIRA, request proposals for the redevelopment of the Connecticut Solid Waste System Project.

The Act requires that the state electricity purchasing pool, operated by DEEP, solicit electric supplier proposals from Class II trash-to-energy facilities. The Act also mandates the development of new regulations pertaining to Connecticut building energy efficiency standards. These standards are to be based on the U.S. Environmental Protection Agency's national energy rating system.

Effective Date: Effective from passage or as specified in the applicable provision.
Signed by Governor: Not as of the date of this writing.

Fracking Waste

Public Act No. 14-200 prohibits the storage and disposal of hydraulic fracturing ("fracking") waste in Connecticut until DEEP promulgates licensing and disclosure procedures regulating fracking waste as hazardous waste. The prohibition applies to the acceptance, receipt, collection, storage, treatment, disposal and transfer between vehicles of any fracking waste. The prohibition also includes the sale, manufacture and distribution of deicing and dust-suppression materials derived from fracking waste.

Effective Date: July 1, 2014.
Signed by Governor: Not as of the date of this writing.

Pesticides at Schools

Senate Bill No. 0443, passed by the legislature but still awaiting a Public Act number, imposes restrictions on the application of pesticides to municipal parks, athletic fields, greens and playgrounds and establishes electronic public notice requirements for applications. The bill expands the existing ban on applying pesticides at schools with students in grade eight or lower to banning pesticide application at schools with students in grade 12 or lower, beginning in 2017.

Effective Date: Effective from passage.
Signed by Governor: Not as of the date of this writing.

Long Island Sound Inventory

Senate Bill No. 0312, passed by the legislature but still awaiting a Public Act number, requires that the OPM, in conjunction with the Long Island Sound Resource and Use Inventory and Blue Plan Advisory Committee, develop an inventory of Long Island Sound uses and natural resources. The inventory will be used in Connecticut's coastal management program.

Effective Date: Effective October 1, 2014.
Signed by Governor: Not as of the date of this writing.

Phosphorous Reduction

Public Act No. 14-13 expands eligibility for Clean Water Fund grants to municipalities with contracts entered into by July 1, 2018, that relate to certain phosphorus removal projects.

Effective Date: Effective from passage.
Signed by Governor: May 12, 2014.

State-Owned Property Conveyance

Public Act No. 14-169 authorizes the DEEP commissioner to establish a publicly accessible information map system and registry of all DEEP-owned "lands of public use and benefit" which the Act authorizes the DEEP commissioner to designate.

Effective Date: Effective from passage.
Signed by Governor: Not as of the date of this writing.

Shellfish

House Bill No. 5085, passed by the legislature but still awaiting a Public Act number, provides the Department of Agriculture commissioner discretion to deny renewal of a shellfish ground lease when the rent has not been paid. The commissioner must give a lessee 30 days' notice of the denial and allow 90 days for the lessee to vacate the leased premises. The bill also expands the penalties that currently apply only to oysters for the following activities: (i) stealing shellfish and injuring shellfish enclosures; and (ii) failure to initiate shellfish recalls. As passed, House Bill No. 5085 reduces the minimum size of eastern oysters that may be taken from Connecticut waters and allows up to 10 percent of an oyster take to include oysters that measure between 2.5 and 2.75 inches long.

Effective Date: Effective from passage or as specified in the applicable provision.
Signed by Governor: Not as of the date of this writing.

Cadmium in Children's Jewelry

Public Act No. 14-140 delays, until July 1, 2016, the ban on the manufacture, sale, offering for sale and distribution in Connecticut of any children's jewelry that contains cadmium at more than 0.0075 percent by weight.

Effective Date: Effective from passage.
Signed by Governor: Not as of the date of this writing.

Outdoor Woodburning Furnaces

Public Act No. 14-92 bans outdoor woodburning furnaces that do not meet certain requirements and prohibits the burning of any material in any such furnaces other than wood that is not chemically treated.

Effective Date: Effective from passage.
Signed by Governor: Not as of the date of this writing.

Abandoned Vessels

Public Act No. 14-57 revises certain procedures relating to the seizure and disposal of vessels abandoned on the waters of Connecticut. The Act defines waste oil and other hazardous materials stored on an abandoned vessel (that are incidental to its operation and maintenance) as household hazardous waste when the materials are removed in preparation for the storage, removal or destruction of the abandoned vessel.

Effective Date: Effective January 1, 2015.
Signed by Governor: May 28, 2014.

Cleanup of Certain Hazardous Waste

Public Act No. 14-153 authorizes the DEEP commissioner to accept less than full payment for costs and expenses incurred by DEEP in connection with the cleanup of certain hazardous wastes under limited circumstances.

Effective Date: Effective from passage.
Signed by Governor: Not as of the date of this writing.

Connecticut Port Authority

Public Act No. 14-222 establishes the Connecticut Port Authority (the "Authority"), which is charged with coordinating the development and marketing of Connecticut's ports. The Act also creates a Port Authority Working Group to advise the DECD on the powers and duties of the Authority. Further, the Act directs the DECD commissioner to develop a plan to transition certain maritime functions of the Department of Transportation and the Connecticut Maritime Commission to the Authority and to make recommendations for policies affecting the growth of Connecticut's ports.

Effective Date: Effective from passage or as specified in the applicable provision.
Signed by Governor: Not as of the date of this writing.

Vetoed Legislation: Glass and Elver Eels

Vetoed by the governor on May 30, Public Act No. 14-190 would have eliminated the current ban on, and associated fine for, the taking of glass and elver eels from Connecticut waters. The Act also would have required that DEEP adopt regulations for glass eel fishing by June 1, 2016.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
In association with
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of www.mondaq.com

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.

Disclaimer

Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

Registration

Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.

Cookies

A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Links

This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.

Mail-A-Friend

If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.

Emails

From time to time Mondaq may send you emails promoting Mondaq services including new services. You may opt out of receiving such emails by clicking below.

*** If you do not wish to receive any future announcements of services offered by Mondaq you may opt out by clicking here .

Security

This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.