Bill Text: CT SB00312 | 2014 | General Assembly | Comm Sub
Bill Title: An Act Concerning A Long Island Sound Resource And Use Inventory And A Long Island Sound Blue Plan.
Spectrum: Moderate Partisan Bill (Democrat 20-4-1)
Status: (Engrossed - Dead) 2014-05-01 - House Calendar Number 487 [SB00312 Detail]
Download: Connecticut-2014-SB00312-Comm_Sub.html
General Assembly |
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February Session, 2014 |
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AN ACT CONCERNING A LONG ISLAND SOUND RESOURCE AND USE INVENTORY AND A LONG ISLAND SOUND BLUE PLAN.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2014) (a) The Secretary of the Office of Policy and Management, in conjunction with the Long Island Sound Resource and Use Inventory and Blue Plan Advisory Committee, established pursuant to subsection (c) of this section, and within available resources, shall: (1) Coordinate the completion of a Long Island Sound Resource and Use Inventory that is comprised of the best available information and data regarding the natural resources within Long Island Sound and the uses of Long Island Sound, including, but not limited to, all: (A) Plants; (B) animals; (C) habitats; (D) ecologically significant areas in nearshore and offshore waters and substrates of such waters; (E) uses of such waters and substrates, including, but not limited to: (i) Recreational and commercial boating and fishing, (ii) shellfish beds, (iii) aquaculture facilities, (iv) shipping corridors, (v) energy facilities, and (vi) electric power line, gas pipeline and telecommunications crossings; and (F) any updates and additions to the comprehensive environmental assessment and plan completed, in accordance with section 25-157a of the general statutes; and (2) develop a Long Island Sound Blue Plan that may include maps, illustrations and other media. Such Long Island Sound Blue Plan shall: (A) Establish the state's goals, siting priorities and standards for ensuring effective stewardship of the waters of Long Island Sound held in trust for the benefit of the public; (B) promote science-based management practices that take into account the existing natural, social, cultural, historic and economic characteristics of planning areas within Long Island Sound; (C) preserve and protect traditional riparian and water-dependent uses and activities; (D) promote maximum public accessibility to Long Island Sound's waters for traditional public trust uses, such as recreational and commercial boating and fishing, except when necessary to protect coastal resources, preserve public health, safety and welfare, or when it is in the interest of national security; (E) reflect the importance of the waters of Long Island Sound to the citizens of this state who derive livelihoods and recreational benefits from boating and fishing; (F) analyze the implications of existing and potential uses and users of Long Island Sound with a focus on avoiding potential use conflicts; (G) be based upon the Long Island Sound Resources and Uses Inventory, prepared pursuant to subdivision (1) of this subsection, with provision for the ongoing acquisition and application of up-to-date resource and use data, including seafloor mapping; (H) reflect the value of biodiversity and ecosystem health in regard to the interdependence of ecosystems; (I) identify and protect special, sensitive or unique estuarine and marine life and habitats, including, but not limited to, scenic and visual resources; (J) adapt to evolving knowledge and understanding of the marine environment, including adaptation to climate change and rise in sea level; (K) foster sustainable uses that capitalize on economic opportunity without significant detriment to the ecology or natural beauty of Long Island Sound; (L) support the infrastructure necessary to sustain the economy and quality of life for the citizens of this state; (M) be coordinated with local, regional and federal planning entities and agencies, including, but not limited to, the Long Island Sound Study and National Ocean Policy's Northeast Regional Planning Body; (N) be coordinated, developed and implemented, to the maximum extent feasible, with the state of New York; (O) be developed through a transparent and inclusive process that seeks widespread participation of the public and stakeholders and encourages public participation in decision making; (P) identify appropriate locations and performance standards for activities, uses and facilities regulated under existing state permit programs, including, but not limited to, measures to guide siting of uses in a manner compatible with said Long Island Sound Blue Plan; and (Q) be consistent with the state plan of conservation and development and the goals and policies described in section 22a-92 of the general statutes. The secretary may accept, on behalf of the state, any gifts, grants, donations or bequests for the purposes of assisting the completion of the Long Island Sound Resources and Uses Inventory and the development of a Long Island Sound Blue Plan.
(b) For the purposes of this section, the submerged lands and waters subject to the secretary's planning, management and coordination authority under the Long Island Sound Blue Plan shall include Long Island Sound and its bays and inlets from the mean high water line, as defined by the most recent data of the National Oceanic and Atmospheric Administration, to the state's waterward boundaries with the states of New York and Rhode Island. Any siting policies, identification of locations, or performance standards for activities, uses and facilities under the Long Island Sound Blue Plan shall apply in a spatial planning area located seaward of the bathymetric contour of minus ten feet North American Vertical Datum to the state's waterward boundaries with the states of New York and Rhode Island. Such spatial planning area shall be designated on a map to be prepared by the advisory committee established pursuant to subsection (c) of this section.
(c) There is established a Long Island Sound Resource and Use Inventory and Blue Plan Advisory Committee that shall assist the Secretary of the Office of Policy and Management with the drafting of the Long Island Sound Resource and Use Inventory and the Long Island Sound Blue Plan, described in subsection (a) of this section. Said advisory committee shall consist of the following members: (1) The Commissioner of Energy and Environmental Protection, or the commissioner's designee, (2) a member from a marine-related program at The University of Connecticut, (3) a representative of the Office of Maritime Affairs within the Department of Transportation, (4) a representative of the Bureau of Aquaculture within the Department of Agriculture, (5) the Commissioner of Economic and Community Development, or the commissioner's designee, (6) a representative of the Connecticut Siting Council, (7) a representative of the marine trades industry, (8) a representative of a conservation organization that specializes in coastal issues, (9) a representative of the gas and electric distribution industries, (10) a representative of the commercial shellfish and finfish industries, (11) a representative of the recreational fishing and hunting community, and (12) a representative of a nonprofit organization with expertise in marine assessments and planning. Each appointed member shall be appointed by the Governor and shall serve at the pleasure of the Governor. The secretary shall convene the first meeting of such advisory committee not later than sixty days after the effective date of this section and shall serve as the chairperson of such advisory committee. The secretary may request members of the advisory committee to assist with administrative functions of the advisory committee, including, but not limited to, convening and noticing meetings and drafting assessments and reports. The advisory committee shall be located in the Office of Policy and Management for administrative purposes only.
(d) The Long Island Sound Resource and Use Inventory and Blue Plan Advisory Committee shall hold not less than three public hearings in different coastal municipalities of the state to receive comments and submissions from the public and interested persons and may provide for other public outreach and input measures, as appropriate, to assure sufficient stakeholder engagement and representation. The advisory committee shall assist the secretary in completing a draft of the Long Island Sound Resource and Use Inventory and the Long Island Sound Blue Plan not later than July 1, 2017.
(e) During the drafting of the Long Island Sound Resource and Use Inventory and Long Island Sound Blue Plan, and prior to making such draft available for public comment, in accordance with subsection (f) of this section, the advisory committee shall consult with representatives of the telecommunications industry, coastal municipalities, waterfront businesses, a tribal nation, the shell fish industry, the commercial fin fishing community, the tourism or recreation industry and an organization involved with coastal or marine hunting.
(f) Upon completion of the draft Long Island Sound Resource and Use Inventory and the Long Island Sound Blue Plan, the secretary shall make such draft available for public review and comment and shall publish notice thereof in not less than five newspapers of general circulation, the Environmental Monitor and the Connecticut Law Journal. The secretary shall cause such draft and notice of public comment period to be posted on the Internet web site of the Department of Energy and Environmental Protection and the Office of Policy and Management. Such notice of public comment period shall provide for a public comment period of not less than ninety days. Not later than ninety days after the end of such public comment period, the secretary shall adopt a final draft of the Long Island Sound Resource and Use Inventory and the Long Island Sound Blue Plan.
(g) Upon completion of the final draft of the Long Island Sound Resource and Use Inventory and the Long Island Sound Blue Plan, such inventory and plan shall be submitted to the joint standing committee of the General Assembly having cognizance of matters relating to the environment. Said committee, not later than forty-five days after the start of the next occurring legislative session following receipt of such inventory and plan, shall submit such inventory and plan, in conjunction with the committee's recommendation for approval or disapproval of such inventory and plan, to the General Assembly. Such inventory and plan shall become effective when approved by a majority vote of each chamber of the General Assembly. In the event that the General Assembly disapproves the plan, in whole or in part, such inventory and plan shall be deemed to be rejected and shall be returned to the advisory committee for revision.
(h) Upon approval of such inventory and plan: (1) Such plan shall be considered as a factor in the review of applications pursuant to sections 25-157b, 22a-361 and 22a-359 of the general statutes and may be utilized for guidance in pre-application discussions between the Commissioner of Energy and Environmental Protection and applicants, (2) the Commissioner of Energy and Environmental Protection shall seek necessary federal approval to incorporate the Long Island Sound Blue Plan as an enforceable policy in the state's coastal management program under the federal Coastal Zone Management Act, (3) the secretary and the Commissioner of Energy and Environmental Protection shall, within available resources, develop and implement a public outreach and information program to provide information to the public regarding the Long Island Sound Blue Plan, (4) the secretary and the Commissioner of Energy and Environmental Protection shall provide for the review and update of such inventory and plan at least once every five years and any revision to such inventory and plan shall become effective upon approval by the General Assembly, in accordance with subsection (g) of this section, (5) the advisory committee, not later than six months after such approval, shall advise the secretary on the operation, implementation and updating of the inventory and plan, as applicable, and shall meet on a quarterly basis to review implementation of such plan, identify emerging issues and recommend any necessary or desirable alterations or improvements to such plan, and (6) the advisory committee shall, within available resources, hold not less than one public hearing each year to receive comments and submissions from the public on such inventory and plan.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2014 |
New section |
ENV |
Joint Favorable Subst. |
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PD |
Joint Favorable |