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Connecticut Public Acts 1996

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Substitute Senate Bill No. 267

PUBLIC ACT NO. 96-132

AN ACT CONCERNING ADMINISTRATION OF CERTAIN DEPARTMENT OF ENVIRONMENTAL PROTECTION PROGRAMS.

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

Section 1. Subsection (b) of section 22a-449c of the general statutes is repealed and the following is substituted in lieu thereof:

(b) The account shall be used by the Commissioner of Environmental Protection to provide money for reimbursement or payment to responsible parties or parties supplying goods or services, or both, to responsible parties for costs, expenses and other obligations paid or incurred, as the case may be, as a result of releases, and suspected releases, costs of investigation of releases and suspected releases, and third party claims for bodily injury, property damage and damage to natural resources. Notwithstanding the provisions of this section, the responsible party for a release shall bear all costs of the release that are less than ten thousand dollars or more than one million dollars, except that for any such release which was reported to the department prior to December 31, 1987, and for which more than five hundred thousand dollars has been expended by the responsible party to remediate such release prior to June 19, 1991, the responsible party for the release shall bear all costs of such release which are less than ten thousand dollars or more than two million dollars. There shall be allocated to the department annually, for administrative costs, [an amount equal to five per cent of the maximum balance of the account in the preceding year, or six hundred thousand dollars, whichever is greater] EIGHT HUNDRED FIFTY THOUSAND DOLLARS.

Sec. 2. Subsection (f) of section 22a-241 of the general statutes, as amended by section 1 of public act 95-250, is repealed and the following is substituted in lieu thereof:

(f) The proceeds of said account shall be applied to the municipal solid waste recycling program established under subsection (a) of this section, provided (1) not more than fifty thousand dollars shall be allocated, for the fiscal year ending June 30, 1987, to the Commissioner of Environmental Protection for the implementation of such program; (2) not more than two hundred thousand dollars shall be allocated for the expenses of the advisory council established under subsection (c) of this section; (3) not more than [six] EIGHT hundred thousand dollars shall be annually allocated to the Department of Environmental Protection for costs incurred in the administration of such program; (4) not more than four hundred thousand dollars shall be allocated to the Commissioner of Environmental Protection as follows: One hundred fifty thousand dollars shall be expended for marketing studies and market development of recycled products, two hundred thousand dollars shall be expended for the study of reuse or recycling of ash from resources recovery facilities and fifty thousand dollars shall be expended for the study required pursuant to section 17 of public act 88-231; (5) not more than fifty thousand dollars shall be allocated to the Department of Economic and Community Development for the fiscal year ending June 30, 1989, for development of a plan required under section 32-1e AS AMENDED and (6) not more than one million dollars shall be allocated to the Department of Environmental Protection for public education on waste reduction and for recovered materials market development, including but not limited to, costs incurred for recycled product promotion, technical assistance to recycling industries, recovered materials export assistance and for administrative costs. Funds allocated to the commissioner under subdivision (6) may be expended for any contract entered into pursuant to said subdivision (6) with the Commissioner of Economic and Community Development for development of the recovered materials market. Any funds deposited in the account pursuant to section 22a-234a which exceed the [six] EIGHT hundred thousand dollars allocated to the department under subdivision (3) of this subsection shall be distributed to municipalities, regional organizations representing municipalities, or agencies or political subdivisions of the state representing municipalities for competitive grants for recycling related purposes. Notwithstanding the provisions of this subsection, one million three hundred thousand dollars shall be allocated to the Department of Environmental Protection from the account for purposes of making a grant to the Southeast Connecticut Regional Resources Recovery Authority.

Sec. 3. Subsection (a) of section 32-23qq of the general statutes, as amended by section 1 of public act 95-250 and section 4 of public act 95-334, is repealed and the following is substituted in lieu thereof:

(a) An Environmental Assistance Revolving Loan Fund is created. The state, acting through the Connecticut Development Authority, may provide loans, lines of credit or loan guarantees to businesses from the Environmental Assistance Revolving Loan Fund for the purpose of pollution prevention activities, as defined in section 32-23rr, or for purchases and the costs associated with [the installation of stage II vapor recovery systems as defined in the regulation adopted under section 22a-174] COMPLIANCE WITH THE CLEAN AIR ACT AMENDMENTS OF 1990 (42 USC 7401, ET SEQ.), AS AMENDED. Within the Environmental Assistance Revolving Loan Fund, a loan subfund is created solely to provide loans and lines of credit as provided in this section and a guarantee subfund is created solely to provide loan guarantees as provided in this section. No financial assistance, nor any commitment to provide financial assistance, shall be provided by or entered into by the authority pursuant to sections 32-23pp to 32-23ss, inclusive, AS AMENDED which would cause the aggregate amount of all such financial assistance and commitments then outstanding to exceed the sum of the amounts in the applicable subfund of the Environmental Assistance Revolving Loan Fund plus the amount of any unpaid grants authorized to be made by the Department of Economic and Community Development to the authority for deposit in the applicable subfund of the Environmental Assistance Revolving Loan Fund, provided the amount of financial assistance in the form of any guarantee shall be measured by the portion of unpaid loan principal which is guaranteed by the authority. Notwithstanding the above, the aggregate amount of financial assistance in the form of guarantees and commitments with respect thereto, calculated as above, may be up to four times the sum of the amounts available in the guarantee subfund of the Environmental Assistance Revolving Loan Fund plus the amount of any unpaid grants which remain available and are specifically designated by the department for purposes of such subfund pursuant to the bond authorization in section 32-23ss AS AMENDED. For the purposes of this section, "business" means any business which (1) has gross revenues of less than twenty-five million dollars in its fiscal year ending prior to the application for any such loans, lines of credit or loan guarantees or (2) has fewer than one hundred fifty employees. The Connecticut Development Authority shall charge and collect interest on each such loan or line of credit at a rate to be determined in accordance with procedures adopted pursuant to subsection (b) of this section. Payments made by businesses on all loans, lines of credit and loan guarantees shall be paid to the authority for deposit in the Environmental Assistance Revolving Loan Fund.

Sec. 4. Section 23-23 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The Commissioner of Environmental Protection may, in cooperation with federal agencies, or by his own initiative, raise or purchase, with moneys appropriated from the General Fund, PLANTING SEED OR seedling stock [for use by Connecticut landowners, state agencies, municipalities or conservation organizations] for reforestation, farm windbreaks, [game] WILDLIFE management plantings or soil conservation or other conservation purposes within the state and may sell such seedlings to [the aforesaid users] LANDOWNERS IN THIS STATE, STATE AGENCIES, MUNICIPALITIES OR CONSERVATION ORGANIZATIONS at prices which will cover the approximate cost of the seedlings to the state.

(b) The commissioner may provide tree seedlings at no cost to any elementary or secondary school or conservation commission for the celebration of Arbor Day in accordance with any proclamation issued pursuant to subsection (c) of section 10-29a AS AMENDED. [Such seedlings shall be planted on public lands.]

(c) The commissioner may, when the space available in Connecticut state nurseries for the raising of seedling stock is in excess of that needed for raising such stock for use by Connecticut landowners, state agencies, municipalities or conservation organizations, enter into an agreement with any other state or the United States Forest Service to raise seedling stock in Connecticut state nurseries for use by such states or service for reforestation, farm windbreaks, [game] WILDLIFE management plantings or soil conservation or other conservation purposes. WHEN THE NEEDS OF LANDOWNERS IN THIS STATE HAVE BEEN MET, THE COMMISSIONER MAY: (1) SELL SEEDLING STOCK TO LANDOWNERS, STATE AGENCIES, MUNICIPALITIES OR CONSERVATION ORGANIZATIONS OUTSIDE THIS STATE PROVIDED THE STATE FORESTER OR THE EQUIVALENT OFFICIAL OF THE STATE WHERE THE SEEDLINGS ARE TO BE PLANTED HAS GRANTED PERMISSION TO DO SO; OR (2) DISPOSE OF ANY EXCESS OF PLANTING SEED BY SALE TO, OR EXCHANGE WITH, ANY OTHER STATE FORESTRY ORGANIZATION OR THE UNITED STATES FOREST SERVICE. NOTWITHSTANDING ANY OTHER PROVISION OF THE GENERAL STATUTES, THE COMMISSIONER MAY SELL SUCH SEEDS AND SEEDLINGS AT PRICES OR ON SUCH TERMS THAT HE DEEMS APPROPRIATE AND SUCH PRICES OR TERMS MAY EXCEED THE COST OF THE SEEDS OR SEEDLINGS TO THE STATE OF CONNECTICUT.

(d) The commissioner shall require that each purchaser OF SEEDLINGS, EXCEPT FOR ANY NONPROFIT CONSERVATION ORGANIZATION sign an agreement STATING that the seedlings will be used for the aforementioned purposes [,] and will not be resold at any time with roots attached and he may take such other measures as he deems necessary to assure himself that seedlings so purchased shall not be used for shade trees, landscaping or ornamental plantings. [Any excess of planting seed which may exist after the needs of Connecticut landowners have been met may be disposed of by sale to, or exchange with, any other state forestry organization or the United States Forest Service.] NONPROFIT CONSERVATION ORGANIZATIONS MAY RESELL OR OTHERWISE DISTRIBUTE SEEDLING STOCK PURCHASED FROM THE COMMISSIONER PROVIDED SUCH RESALE OR DISTRIBUTION IS IN FURTHERANCE OF THE PURPOSES OF THIS SECTION. THE COMMISSIONER SHALL REQUIRE THAT EACH NONPROFIT CONSERVATION ORGANIZATION PURCHASING SEEDLINGS SIGN AN AGREEMENT THAT THE SEEDLINGS WILL BE RESOLD, DISTRIBUTED OR OTHERWISE UTILIZED IN FURTHERANCE OF SUCH PURPOSES AND HE MAY TAKE SUCH OTHER MEASURES AS HE DEEMS NECESSARY TO ASSURE THAT SEEDLINGS SO PURCHASED SHALL NOT BE USED FOR SHADE TREES, LANDSCAPING OR ORNAMENTAL PLANTINGS.

(e) All receipts from the sale of such SEEDS seedling stock, all reimbursements from state agencies and all reimbursements for subsidies received from the federal government shall be deposited in the [General Fund in accordance with the provisions of section 4-32] CONSERVATION FUND ESTABLISHED BY SECTION 22a-27h.

Sec. 5. This act shall take effect July 1, 1996.

Approved May 29, 1996. Effective July 1, 1996.

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