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

Last Updated: June 6 2014
Article by Elizabeth C. Barton, Harold Blinderman and Michael L. Miller

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.


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.

In association with
Related Topics
Related Articles
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

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 or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq 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 of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions