Bill Text: CT SB00349 | 2012 | General Assembly | Introduced

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Bill Title: An Act Concerning Training For Inland Wetlands Agency Members And Agents.

Spectrum:

Status: (Introduced - Dead) 2012-03-09 - Public Hearing 03/16 [SB00349 Detail]

Download: Connecticut-2012-SB00349-Introduced.html

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General Assembly		Raised Bill No. 349
February Session, 2012		LCO No. 1887
		*01887_______ENV*
Referred to Committee on Environment
Introduced by:
(ENV)

AN ACT CONCERNING TRAINING FOR INLAND WETLANDS AGENCY MEMBERS AND AGENTS.

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

Section 1. Subsections (l) to (n), inclusive of section 22a-39 of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(l) Develop a comprehensive training program for inland wetlands agency members and agents, a basic training program for inland wetlands agency members first appointed or elected on or after January 1, 2014, and an annual update training program for agents. Such basic training program shall be made available on-line and as a classroom course;

(m) Adopt regulations in accordance with the provisions of chapter 54 establishing reporting requirements for inland wetlands agencies, which shall include provisions for reports to the commissioner on permits, orders and other actions of such agencies and development of a form for such reports; and

(n) The commissioner shall issue a certificate to any member of a municipal inland wetlands agency or its staff who completes the training program offered annually by the commissioner for such officials. In the case of any basic training program, the commissioner, or the entity that provides such on-line training, shall provide a certificate to any member of a municipal inland wetlands agency who completes such basic training program.

Sec. 2. Subdivision (2) of subsection (c) of section 22a-42a of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(2) An inland wetlands agency may delegate to its duly authorized agent the authority to approve or extend an activity that is not located in a wetland or watercourse when such agent finds that the conduct of such activity would result in no greater than a minimal impact on any wetland or watercourse provided such agent has completed the comprehensive training program developed by the commissioner pursuant to section 22a-39, as amended by this act. Any such delegation of authority that occurs on or after January 1, 2015, shall expire not later than one year after such delegation if such duly authorized agent fails to complete the annual update training program developed by the commissioner pursuant to section 22a-39, as amended by this act. In the event of any such failure, the inland wetlands agency may not delegate authority to such agent until such agent completes such update training program. Notwithstanding the provisions for receipt and processing applications prescribed in subdivision (1) of this subsection, such agent may approve or extend such an activity at any time. Any person receiving such approval from such agent shall, within ten days of the date of such approval, publish, at the applicant's expense, notice of the approval in a newspaper having a general circulation in the town wherein the activity is located or will have an effect. Any person may appeal such decision of such agent to the inland wetlands agency within fifteen days after the publication date of the notice and the inland wetlands agency shall consider such appeal at its next regularly scheduled meeting provided such meeting is no earlier than three business days after receipt by such agency or its agent of such appeal. The inland wetlands agency shall, at its discretion, sustain, alter or reject the decision of its agent or require an application for a permit in accordance with subdivision (1) of subsection (c) of this section.

Sec. 3. Subsection (d) of section 22a-42 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(d) At least one member of the inland wetlands agency or staff of the agency shall be a person who has completed the comprehensive training program developed by the commissioner pursuant to section 22a-39, as amended by this act. Failure to have a member of the agency or staff with training shall not affect the validity of any action of the agency. Any member first appointed or elected to an inland wetlands agency on or after January 1, 2014, shall complete the basic training program developed by the commissioner pursuant to section 22a-39, as amended by this act. Such member may complete the basic training program on-line or as a classroom course. If any such inland wetlands agency has more than one new member in any calendar year, the respective town may apply to the commissioner for a voucher for the registration fee of the on-line basic training program for each additional new member. The commissioner shall provide the maximum number of such vouchers that funds from the penalties collected pursuant to subsection (b) of section 22a-44, as amended by this act, will cover. Not less than once per calendar year, the respective town for such inland wetlands agency shall post a list of all agency members and the training that each member completed. Concomitantly, each inland wetlands agency shall submit a copy of such list to the commissioner. The commissioner shall annually make such [program] comprehensive and basic training programs available to one person from each town without cost to that person or the town. Each inland wetlands agency shall hold a meeting at least once annually at which information is presented to the members of the agency which summarizes the provisions of the training program and that emphasizes any new laws, regulations and other relevant legal matters. Each inland wetlands agency shall submit a copy of the minutes from each such meeting to the commissioner. The commissioner shall develop such information in consultation with interested persons affected by the regulation of inland wetlands and shall provide for distribution of video presentations and related written materials which convey such information to inland wetlands agencies. In addition to such materials, the commissioner, in consultation with such persons, shall prepare materials which provide guidance to municipalities in carrying out the provisions of subsection (f) of section 22a-42a.

Sec. 4. Subsection (b) of section 22a-44 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(b) Any person who commits, takes part in, or assists in any violation of any provision of sections 22a-36 to 22a-45, inclusive, including regulations adopted by the commissioner and ordinances and regulations promulgated by municipalities or districts pursuant to the grant of authority herein contained, shall be assessed a civil penalty of not more than one thousand dollars for each offense. Each violation of said sections shall be a separate and distinct offense, and, in the case of a continuing violation, each day's continuance thereof shall be deemed to be a separate and distinct offense. The Superior Court, in an action brought by the commissioner, municipality, district or any person, shall have jurisdiction to restrain a continuing violation of said sections, to issue orders directing that the violation be corrected or removed and to assess civil penalties pursuant to this section. All costs, fees and expenses in connection with such action shall be assessed as damages against the violator together with reasonable attorney's fees which may be allowed, all of which shall be awarded to the commissioner, municipality, district or person which brought such action. All penalties collected pursuant to this section shall be used solely by the Commissioner of Energy and Environmental Protection for the following purposes: (1) [to] To restore the affected wetlands or watercourses to their condition prior to the violation, wherever possible, (2) to restore other degraded wetlands or watercourses, (3) to inventory or index wetlands and watercourses of the state, [or] (4) to implement a comprehensive training program for inland wetlands agency members, or (5) to cover the costs of providing vouchers for the registration fee for the on-line basic training program for inland wetlands agency members, developed pursuant to section 22a-39, as amended by this act. The commissioner may accept grants, donations and other sources of funds to supplement funds available for such purposes.

This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2012	22a-39(l) to (n), inclusive
Sec. 2	October 1, 2012	22a-42a(c)(2)
Sec. 3	October 1, 2012	22a-42(d)
Sec. 4	October 1, 2012	22a-44(b)

Statement of Purpose:

To provide training to a larger number of inland wetlands agency members and agents.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]