JOURNAL OF THE SENATE

Thursday, May 23, 2013

The Senate was called to order at 2: 48 p. m. , the President in the Chair.

The prayer was offered by Acting Chaplain, Laura Bartok of Bristol, Connecticut.

The following is the prayer:

This is the beginning of a new day. You have been given this day to use as you will. You can waste it or use it for good. What you do today is important because you are exchanging a day of your life for it. When tomorrow comes, this day will be gone forever; in its place is something that you have left behind ---let it be something good.

PLEDGE

Senator Maynard of the 18th, led the Senate in the pledge of Allegiance.

MATTERS RETURNED FROM COMMITTEE

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

The following favorable reports were received from the Joint Standing Committees indicated, the bills were read the second time and tabled for the calendar and printing.

NEW FILE

JUDICIARY. Substitute for S. B. No. 1075 (RAISED) (File Nos. 318 and 841) AN ACT CONCERNING CIVIL ACTIONS AGAINST AN EMPLOYER FOR FAILURE TO PAY WAGES OR COMPENSATION OR MAKE PAYMENTS TO AN EMPLOYEE WELFARE FUND.

INSURANCE AND REAL ESTATE. Substitute for S. B. No. 1145 (RAISED) (File Nos. 715 and 842) AN ACT CONCERNING REVISIONS TO THE COMMON INTEREST OWNERSHIP ACT AND THE CONDOMINIUM ACT.

BUSINESS FROM THE HOUSE

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

HOUSE BILLS

The following favorable reports of the Joint Standing Committees were received from the House, read the second time and tabled for the calendar.

APPROPRIATIONS. H. B. No. 6292 (COMM) (File Nos. 460 and 843) AN ACT CONCERNING TEACHER EDUCATION PROGRAMS. (As amended by House Amendment Schedule "A").

GOVERNMENT ADMINISTRATION AND ELECTIONS. H. B. No. 6373 (File Nos. 124 and 845) AN ACT CONCERNING THE POLICING OF INDIAN TRIBAL LAND. (As amended by House Amendment Schedule "A").

INSURANCE AND REAL ESTATE. Substitute for H. B. No. 6379 (RAISED) (File Nos. 289 and 846) AN ACT CONCERNING SURPLUS LINES INSURANCE BROKERS. (As amended by House Amendment Schedule "A").

INSURANCE AND REAL ESTATE. H. B. No. 6550 (RAISED) (File No. 231) AN ACT CONCERNING LOSS RATIO GUARANTEES FOR INDIVIDUAL HEALTH INSURANCE POLICIES.

JUDICIARY. Substitute for H. B. No. 6581 (RAISED) (File Nos. 690 and 849) AN ACT CONCERNING THE RECOMMENDATIONS OF THE CONNECTICUT SENTENCING COMMISSION REGARDING LENGTHY SENTENCES FOR CRIMES COMMITTED BY A CHILD OR YOUTH AND THE SENTENCING OF A CHILD OR YOUTH CONVICTED OF CERTAIN FELONY OFFENSES. (As amended by House Amendment Schedules "A" and "B").

PLANNING AND DEVELOPMENT. Substitute for H. B. No. 6363 (File Nos. 380 and 844) AN ACT STREAMLINING STATE GOVERNMENT AND INCREASING EFFECTIVENESS. (As amended by House Amendment Schedules "A" and "B").

LABOR AND PUBLIC EMPLOYEES. H. B. No. 6478 (RAISED) (File Nos. 94 and 847) AN ACT CONCERNING THE CLAIMS DATA PROVIDED TO CERTAIN EMPLOYERS. (As amended by House Amendment Schedules "A" and "B").

PUBLIC HEALTH. Substitute for H. B. No. 6525 (RAISED) (File Nos. 227 and 848) AN ACT CONCERNING CHILDHOOD OBESITY AND PHYSICAL EXERCISE IN SCHOOLS. (As amended by House Amendment Schedule "A").

BUSINESS FROM THE HOUSE

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

DISAGREEING ACTION

The following favorable report was received from the House, read the second time and tabled for the calendar.

CHILDREN. S. B. No. 273 (COMM) (File Nos. 45 and 850) AN ACT CONCERNING FOSTER CHILDREN AND INTERNSHIP OPPORTUNITIES. (As amended by House Amendment Schedule "A").

BUSINESS ON THE CALENDAR

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEE

BILL PASSED

The following favorable report was taken from the table, read the third time, the report of the Committee accepted and the bill passed.

GOVERNMENT ADMINISTRATION AND ELECTIONS. Substitute for S. B. No. 647 (COMM) (File No. 434) AN ACT CONCERNING VOTING BY MEMBERS OF THE MILITARY SERVING OVERSEAS.

Senator Leone of the 27th explained the bill, offered Senate Amendment Schedule “A” (LCO 7651) and moved adoption.

Remarking was Senator Welch of the 31st.

On a voice vote the amendment was adopted.

The following is the Amendment.

Strike everything after the enacting clause and substitute the following in lieu thereof:

"Section 1. (NEW) (Effective from passage) On or before October 1, 2013, the Secretary of the State, in consultation with the Military Department, shall select a method for use in any election or primary held after September 1, 2014, for returning any ballot issued pursuant to section 9-153e or 9-153f of the general statutes that (1) may be used by any elector or applicant for admission as an elector who is a member of the armed forces and expects to be living or traveling outside the several states of the United States and the District of Columbia before and on election day, or such member's spouse or dependent if living where such member is stationed, (2) gives due consideration to the interests of maintaining the security of such ballot and the privacy of information contained on such ballot, and (3) ensures receipt, prior to the closing of the polls on the day of the election or primary, of such ballot by the municipality in which the member or member's spouse or dependent is enrolled or has applied for admission as an elector, if such method is properly utilized by such member or such member's spouse or dependent prior to the closing of the polls on the day of the election or primary. Not later than January 1, 2014, the Secretary of the State shall submit a report, in accordance with section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to elections and veterans' and military affairs describing such method and any legislative changes necessary for its implementation. "

This act shall take effect as follows and shall amend the following sections:

Section 1

from passage

New section

Remarking were Senators Kane of the 32nd, Frantz of the 36th, Musto of the 22nd, Slossberg of the 14th, Looney of the 11th, McKinney of the 28th and McLachlan of the 24th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 3: 10 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 36

Those voting Nay 0

Those absent and not voting 0

On the roll call vote Senate Bill No. 647 as amended by Senate Amendment Schedule “A” (LCO 7651) was passed.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

 

Y

 

19

CATHERINE A. OSTEN

 

Y

 

2

ERIC D. COLEMAN

 

Y

 

20

ANDREA STILLMAN

 

Y

 

3

GARY LEBEAU

 

Y

 

21

KEVIN KELLY

 

Y

 

4

STEVE CASSANO

 

Y

 

22

ANTHONY J. MUSTO

 

Y

 

5

BETH BYE

 

Y

 

23

ANDRES AYALA

 

Y

 

6

TERRY B. GERRATANA

 

Y

 

24

MICHAEL A. MCLACHLAN

 

Y

 

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

 

Y

 

8

KEVIN D. WITKOS

 

Y

 

26

TONI BOUCHER

 

Y

 

9

PAUL DOYLE

 

Y

 

27

CARLO LEONE

 

Y

 

10

TONI N. HARP

 

Y

 

28

JOHN MCKINNEY

 

Y

 

11

MARTIN M. LOONEY

 

Y

 

29

DONALD E. WILLIAMS, JR.

 

Y

 

12

EDWARD MEYER

 

Y

 

30

CLARK J. CHAPIN

 

Y

 

13

DANTE BARTOLOMEO

 

Y

 

31

JASON WELCH

 

Y

 

14

GAYLE SLOSSBERG

 

Y

 

32

ROBERT J. KANE

 

Y

 

15

JOAN V. HARTLEY

 

Y

 

33

ART LINARES

 

Y

 

16

JOE MARKLEY

 

Y

 

34

LEONARD FASANO

 

Y

 

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

 

Y

 

18

ANDREW MAYNARD

 

Y

 

36

L. SCOTT FRANTZ

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

BILLS PLACED ON CONSENT CALENDAR NO. 1

The following bills were taken from the table, read the third time, the reports of the Committees accepted and the bills placed on Consent Calendar No. 1.

GOVERNMENT ADMINISTRATION AND ELECTIONS. Substitute for S. B. No. 889 (RAISED) (File No. 482) AN ACT CONCERNING THE UNIVERSITY OF CONNECTICUT AND COMPETITIVE BIDDING FOR AGRICULTURAL PURCHASES BY THE CONSTITUENT UNITS OF HIGHER EDUCATION.

Senator Bye of the 5th explained the bill, offered Senate Amendment Schedule “A” (LCO 7667) and moved adoption.

On a voice vote the amendment was adopted.

The following is the Amendment.

In lines 17 and 91, strike the opening bracket

In line 19, strike the closing bracket and "by posting on the Internet"

In line 92, strike the closing bracket and after "state" insert "and by"

In line 92, after "posting" insert "the advertisement"

Strike lines 105 to 130, inclusive, in their entirety and insert the following in lieu thereof:

"(10) If the university designates a project as suitable for a design-build contract, the university may enter into a single contract with a design-builder recommended by a selection panel and selected by the university. The university shall give notice of such project and specifications for such project by posting such notice on the Internet. The university shall establish a selection panel for each project to score the qualifications and past performance of each design-builder who submits a competitive proposal to the university for such project. The selection panel shall score the qualifications and past performance of each design-builder using a predetermined scoring method developed by the university and provided to each design-builder in advance of such design-builder's development of the competitive proposal. The selection panel's scoring method may be unique to each project, but shall consist of combining the score of each design-builder's qualifications and past performance and evaluating the technical merit of the competitive proposal and each design-builder's projected project cost. The design-build contract shall (A) include, but not be limited to, such project elements as permitting, engineering, design, construction and, if applicable, site acquisition, and (B) be based on the competitive proposal submitted by the design-builder that is selected by the university. No design-build contract for which the total cost is estimated to be more than five hundred thousand dollars may be awarded to a design-builder who is not prequalified for the project in accordance with section 4a-100. Such design-build contracts shall state the responsibilities of the design-builder to deliver a completed and acceptable project on a date certain and the maximum costs of the project and, if applicable, as a separate item, the cost of any site acquisition. The university shall determine all other requirements and conditions for such competitive proposals, selection of a design-builder and other awards and shall have sole responsibility for all other aspects of such design-build contracts. "

Strike section 2 in its entirety and renumber the remaining sections and internal references accordingly

Strike line 182 in its entirety and insert the following in lieu thereof: "dairy products, poultry, farm-raised seafood, beef, pork, lamb, eggs, fruits, vegetables or other"

Strike lines 193 and 194 in their entirety and insert the following in lieu thereof: "products, poultry, farm-raised seafood, beef, pork, lamb, eggs, fruits, vegetables or other farm products grown or produced in this state when such products, poultry, farm-raised seafood, beef, pork, lamb, eggs, fruits or vegetables are"

Remarking were Senators Boucher of the 26th and Frantz of the 36th.

On motion of Senator Bye of the 5th, the bill as amended by Senate Amendment Schedule "A" (LCO 7667) was placed on the Consent Calendar No. 1.

FINANCE, REVENUE AND BONDING. S. B. No. 465 (COMM) (File No. 107) AN ACT REQUIRING NEWBORN SCREENING FOR ADRENOLEUKODYSTROPHY.

Senator Gerratana of the 6th explained the bill, offered Senate Amendment Schedule “A” (LCO 7708) and moved adoption.

On a voice vote the amendment was adopted.

The following is the Amendment.

Strike everything after the enacting clause and substitute the following in lieu thereof:

"Section 1. Section 19a-55 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(a) The administrative officer or other person in charge of each institution caring for newborn infants shall cause to have administered to every such infant in its care an HIV-related test, as defined in section 19a-581, a test for phenylketonuria and other metabolic diseases, hypothyroidism, galactosemia, sickle cell disease, maple syrup urine disease, homocystinuria, biotinidase deficiency, congenital adrenal hyperplasia and such other tests for inborn errors of metabolism as shall be prescribed by the Department of Public Health. The tests shall be administered as soon after birth as is medically appropriate. If the mother has had an HIV-related test pursuant to section 19a-90 or 19a-593, the person responsible for testing under this section may omit an HIV-related test. The Commissioner of Public Health shall (1) administer the newborn screening program, (2) direct persons identified through the screening program to appropriate specialty centers for treatments, consistent with any applicable confidentiality requirements, and (3) set the fees to be charged to institutions to cover all expenses of the comprehensive screening program including testing, tracking and treatment. The fees to be charged pursuant to subdivision (3) of this subsection shall be set at a minimum of fifty-six dollars. The Commissioner of Public Health shall publish a list of all the abnormal conditions for which the department screens newborns under the newborn screening program, which shall include screening for amino acid disorders, organic acid disorders and fatty acid oxidation disorders, including, but not limited to, long-chain 3-hydroxyacyl CoA dehydrogenase (L-CHAD) and medium-chain acyl-CoA dehydrogenase (MCAD).

(b) In addition to the testing requirements prescribed in subsection (a) of this section, the administrative officer or other person in charge of each institution caring for newborn infants shall cause to have administered to every such infant in its care (1) a screening test for cystic fibrosis, (2) a screening test for severe combined immunodeficiency disease, and (3) on and after January 1, 2013, a screening test for critical congenital heart disease. Such screening tests shall be administered as soon after birth as is medically appropriate.

(c) On and after the occurrence of the following: (1) The development and validation of a reliable methodology for screening newborns for adrenoleukodystrophy using dried blood spots and quality assurance testing methodology for such test or the approval of a test for adrenoleukodystrophy using dried blood spots by the federal Food and Drug Administration; and (2) the availability of any necessary reagents for such test, the administrative officer or other person in charge of each institution caring for newborn infants shall cause to have administered to every such infant in its care a test for adrenoleukodystrophy.

[(c)] (d) The provisions of this section shall not apply to any infant whose parents object to the test or treatment as being in conflict with their religious tenets and practice. The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section. "

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2013

19a-55

Remarking were Senators Fasano of the 34th, Kissel of the 7th and Welch of the 31st.

On motion of Senator Gerratana of the 6th, the bill as amended by Senate Amendment Schedule "A" (LCO 7708) was placed on the Consent Calendar No. 1.

APPROPRIATIONS. Substitute for S. B. No. 1153 (RAISED) (File No. 686) AN ACT CONCERNING CONTRACT COMPLIANCE REQUIREMENTS FOR THE METROPOLITAN DISTRICT OF HARTFORD COUNTY.

Senator Coleman of the 2nd explained the bill and moved passage.

Remarking was Senator Kissel of the 7th.

On motion of Senator Coleman of the 2nd, the bill was placed on the Consent Calendar No. 1.

JUDICIARY. Substitute for S. B. No. 871 (RAISED) (File No. 680) AN ACT CONCERNING REVISIONS TO VARIOUS STATUTES CONCERNING THE CRIMINAL JUSTICE SYSTEM.

Senator Coleman of the 2nd explained the bill, offered Senate Amendment Schedule “A” (LCO 7481) and moved adoption.

Remarking was Senator Kissel of the 7th.

On a voice vote the amendment was adopted.

The following is the Amendment.

In line 54, strike the opening bracket

Strike line 57 in its entirety and substitute the following in lieu thereof:

"the property of the state. [and when] When the property is money, [it] such property shall be"

In line 58, bracket "provided", after the closing bracket insert "except that (1)", after "property" bracket ", which" and after the closing bracket insert "that"

In line 59, strike "] the condemned property is money, the court"

Strike lines 60 to 62, inclusive, in their entirety

In line 63, strike "condemned property is a valuable prize that"

In line 64, strike ", such"

In line 65, strike "property"

In line 66, after "interest" and before the period, insert ", and (2) an amount not to exceed the actual cost of the investigation or ten per cent of the value of such property, whichever is less, shall be transferred to the investigating local law enforcement agency"

Remarking was Senator Kissel of the 7th.

On motion of Senator Coleman of the 2nd, the bill as amended by Senate Amendment Schedule "A" (LCO 7481) was placed on the Consent Calendar No. 1.

AGING. Substitute for S. B. No. 523 (RAISED) (File No. 19) AN ACT CONCERNING THE RETURN OF A GIFT TO A PERSON IN NEED OF LONG-TERM CARE SERVICES.

Senator Ayala of the 23rd explained the bill and moved passage.

Remarking was Senators Kelly of the 21st.

On motion of Ayala of the 23rd, the bill was placed on the Consent Calendar No. 1.

FINANCE, REVENUE AND BONDING. Substitute for S. B. No. 809 (RAISED) (File Nos. 17 and 812) AN ACT ALLOWING THE TRANSFERS OF TAX CREDITS TO INSURANCE COMPANY AFFILIATES.

Senator Crisco of the 17th explained the bill, offered Senate Amendment Schedule “A” (LCO 7410) and moved adoption.

Remarking was Senator Kelly of the 21st.

On a voice vote the amendment was adopted.

The following is the Amendment.

Change the effective date of section 1 to "Effective July 1, 2013, and applicable to calendar years commencing on and after January 1, 2013"

Remarking were Senators Kelly of the 21st and Boucher of the 26th.

On motion of Senator Crisco of the 17th, the bill as amended by Senate Amendment Schedule "A" (LCO 7410) was placed on the Consent Calendar No. 1.

SENATOR DUFF IN THE CHAIR

Substitute for S. B. No. 972 (RAISED) (File No. 195) AN ACT CONCERNING THE MENTAL, EMOTIONAL AND BEHAVIORAL HEALTH OF YOUTHS.

Senator Bartolomeo of the 13th explained the bill, offered Senate Amendment Schedule “A” (LCO 7782) and moved adoption.

Remarking were Senators Linares of the 33rd, Welch of the 31st, Boucher of the 26th, Frantz of the 36th, Gerratana of the 6th, Looney of the 11th, Bye of the 5th, McKinney of the 28th and Williams of the 29th.

On a voice vote the amendment was adopted.

The following is the Amendment.

Strike everything after the enacting clause and substitute the following in lieu thereof:

"Section 1. (NEW) (Effective July 1, 2013) (a) (1) The Commissioner of Children and Families, in consultation with representatives of the children and families served by the department, providers of mental, emotional or behavioral health services for children and families, advocates, and others interested in the well-being of children and families in this state, shall develop a comprehensive implementation plan, across agency and policy areas, for meeting the mental, emotional and behavioral health needs of all children in the state, and preventing or reducing the long-term negative impact of mental, emotional and behavioral health issues on children. In developing the implementation plan, the department shall include, at a minimum, the following strategies to prevent or reduce the long-term negative impact of mental, emotional and behavioral health issues on children:

(A) Employing prevention-focused techniques, with an emphasis on early identification and intervention;

(B) Ensuring access to developmentally-appropriate services;

(C) Offering comprehensive care within a continuum of services;

(D) Engaging communities, families and youths in the planning, delivery and evaluation of mental, emotional and behavioral health care services;

(E) Being sensitive to diversity by reflecting awareness of race, culture, religion, language and ability;

(F) Establishing results-based accountability measures to track progress towards the goals and objectives outlined in this section and sections 2 to 7, inclusive, of this act;

(G) Applying data-informed quality assurance strategies to address mental, emotional and behavioral health issues in children;

(H) Improving the integration of school and community-based mental health services; and

(I) Enhancing early interventions, consumer input and public information and accountability by (i) in collaboration with the Department of Public Health, increasing family and youth engagement in medical homes; (ii) in collaboration with the Department of Social Services, increasing awareness of the 2-1-1 Infoline program; and (iii) in collaboration with each program that addresses the mental, emotional or behavioral health of children within the state, insofar as they receive public funds from the state, increasing the collection of data on the results of each program, including information on issues related to response times for treatment, provider availability and access to treatment options.

(2) Not later than April 15, 2014, the commissioner shall submit and present a status report on the progress of the implementation plan, in accordance with section 11-4a of the general statutes, to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to children and appropriations.

(3) On or before October 1, 2014, the commissioner shall submit and present the implementation plan, in accordance with section 11-4a of the general statutes, to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to children and appropriations.

(4) On or before October 1, 2015, and biennially thereafter through and including 2019, the department shall submit and present progress reports on the status of implementation, and any data-driven recommendations to alter or augment the implementation in accordance with section 11-4a of the general statutes, to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to children and appropriations.

(b) Emergency mobile psychiatric service providers shall collaborate with community-based mental health care agencies, school-based health centers and the contracting authority for each local or regional board of education throughout the state, utilizing a variety of methods, including, but not limited to, memoranda of understanding, policy and protocols regarding referrals and outreach and liaison between the respective entities. These methods shall be designed to (1) improve coordination and communication in order to enable such entities to promptly identify and refer children with mental, emotional or behavioral health issues to the appropriate treatment program, and (2) plan for any appropriate follow-up with the child and family.

(c) Local law enforcement agencies and local and regional boards of education that employ or engage school resource officers shall, provided federal funds are available, train school resource officers in nationally-recognized best practices to prevent students with mental health issues from being victimized or disproportionately referred to the juvenile justice system as a result of their mental health issues.

(d) The Department of Children and Families, in collaboration with agencies that provide training for mental health care providers in urban, suburban and rural areas, shall provide phased-in, ongoing training for mental health care providers in evidence-based and trauma-informed interventions and practices.

Sec. 2. (NEW) (Effective October 1, 2013) The Office of Early Childhood, as established in section 1 of substitute house bill 6359 of the current session, in collaboration with the Department of Children and Families, shall provide, to the extent that private, federal or philanthropic funding is available, professional development training to pediatricians and child care providers to help prevent and identify mental, emotional and behavioral health issues in children by utilizing the Infant and Early Childhood Mental Health Competencies, or a similar model, with a focus on maternal depression and its impact on child development.

Sec. 3. (NEW) (Effective July 1, 2013) The birth-to-three program, established under section 17a-248b of the general statutes and administered by the Department of Developmental Services, shall provide mental health services to any child eligible for early intervention services pursuant to Part C of the Individuals with Disabilities Education Act, 20 USC 1431 et seq. , as amended from time to time. Any child not eligible for services under said act shall be referred by the program to a licensed mental health care provider for evaluation and treatment, as needed.

Sec. 4. (NEW) (Effective July 1, 2013) The state shall seek existing public or private reimbursement for (1) mental, emotional and behavioral health care services delivered in the home and in elementary and secondary schools, and (2) mental, emotional and behavioral health care services offered through the Department of Social Services pursuant to the federal Early and Periodic Screening, Diagnosis and Treatment Program under 42 USC 1396d.

Sec. 5. (NEW) (Effective October 1, 2013) Not later than December 1, 2014, the Office of Early Childhood, through the Early Childhood Education Cabinet, shall provide recommendations for implementing the coordination of home visitation programs within the early childhood system that offer a continuum of services to vulnerable families with young children, including prevention, early intervention and intensive intervention, to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, human services, education and children. Vulnerable families with young children may include, but are not limited to, those facing poverty, trauma, violence, special health care needs, mental, emotional or behavioral health care needs, substance abuse challenges and teen parenthood. The recommendations shall address, at a minimum:

(1) A common referral process for families requesting home visitation programs;

(2) A core set of competencies and required training for all home visitation program staff;

(3) A core set of standards and outcomes for all programs, including requirements for a monitoring framework;

(4) Coordinated training for home visitation and early care providers, to the extent that training is currently provided, on cultural competency, mental health awareness and issues such as child trauma, poverty, literacy and language acquisition;

(5) Development of common outcomes;

(6) Shared reporting of outcomes, including information on any existing gaps in services, disaggregated by agency and program, which shall be reported annually, pursuant to section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, human services and children;

(7) Home-based treatment options for parents of young children who are suffering from severe depression; and

(8) Intensive intervention services for children experiencing mental, emotional or behavioral health issues, including, but not limited to, relationship-focused intervention services for young children.

Sec. 6. (NEW) (Effective October 1, 2013) (a) The Office of Early Childhood, as established in section 1 of substitute house bill 6359 of the current session, in collaboration with the Departments of Children and Families, Education and Public Health, to the extent that private funding is available, shall design and implement a public information and education campaign on children's mental, emotional and behavioral health issues. Such campaign shall provide:

(1) Information on access to support and intervention programs providing mental, emotional and behavioral health care services to children;

(2) A list of emotional landmarks and the typical ages at which such landmarks are attained;

(3) Information on the importance of a relationship with and connection to an adult in the early years of childhood;

(4) Strategies that parents and families can employ to improve their child's mental, emotional and behavioral health, including executive functioning and self-regulation;

(5) Information to parents regarding methods to address and cope with mental, emotional and behavioral health stressors at various ages of a child's development and at various stages of a parent's work and family life;

(6) Information on existing public and private reimbursement for services rendered; and

(7) Strategies to address the stigma associated with mental illness.

(b) Not later than October 1, 2014, and annually thereafter, to the extent that private funding is available under subsection (a) of this section, the Office of Early Childhood shall report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to children and public health on the status of the public information and education campaign implemented pursuant to subsection (a) of this section.

Sec. 7. (NEW) (Effective October 1, 2013) (a) The Judicial Branch, in collaboration with the Departments of Children and Families and Correction, may seek public or private funding to perform a study (1) disaggregated by race, to determine whether children and young adults whose primary need is mental health intervention are placed into the juvenile justice or correctional systems rather than receiving treatment for their mental health issues; (2) to determine the consequences that result from inappropriate referrals to the juvenile justice or correctional systems, including the impact of such consequences on the mental, emotional and behavioral health of children and young adults and the cost to the state; (3) to determine the programs that would reduce inappropriate referrals; and (4) to make recommendations to ensure proper treatment is available for children suffering from mental, emotional or behavioral health issues.

(b) Upon completion of the study conducted pursuant to subsection (a) of this section, the Judicial Branch shall report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, children and the judiciary on the results of such study.

Sec. 8. (Effective July 1, 2013) (a) There is established a Children's Mental Health Task Force to study the effects of nutrition, genetics, complementary and alternative treatments and psychotropic drugs on the mental, emotional and behavioral health of children within the state. Members of the task force shall serve without compensation but shall, within the limits of available funds, be reimbursed for expenses necessarily incurred in the performance of their duties. The task force shall: (1) Study the effects of nutrition, genetics, complementary and alternative treatments and psychotropic drugs on the mental, emotional and behavioral health of children; (2) gather and maintain current information regarding said effects; and (3) advise the General Assembly and Governor concerning the coordination and administration of state programs that may address the impact of said effects on the mental, emotional and behavioral health of children using a results-based accountability framework.

(b) The task force shall consist of the chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to children, and ten members appointed as follows:

(1) A psychologist licensed under chapter 383 of the general statutes, appointed by the president pro tempore of the Senate;

(2) A child psychiatrist licensed to practice medicine in this state, appointed by the speaker of the House of Representatives;

(3) A licensed and board-certified physician specializing in genetics, appointed by the majority leader of the Senate;

(4) A public health expert in children's health issues, appointed by the minority leader of the Senate;

(5) An educator with expertise providing school-based mental health services in collaboration with community-based mental health service providers, appointed by the minority leader of the House of Representatives;

(6) A pediatrician licensed to practice medicine in the state, appointed by the Senate chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to children;

(7) A complementary and alternative medicine or integrative therapy expert specializing in the treatment of physical, mental, emotional and behavioral health issues in children, appointed by the House chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to children;

(8) A dietitian-nutritionist licensed under chapter 384b of the general statutes, appointed by the Senate ranking member of the joint standing committee of the General Assembly having cognizance of matters relating to children;

(9) A psychotropic pharmacologist, appointed by the House ranking member of the joint standing committee of the General Assembly having cognizance of matters relating to children; and

(10) A pharmacologist, appointed by the Governor.

(c) All appointments to the task force shall be made not later than thirty days after the effective date of this section. Any vacancy shall be filled by the appointing authority.

(d) The chairpersons of the joint standing committee of the General Assembly having cognizance of matters relating to children shall serve as the chairpersons of the task force. Such chairpersons shall schedule the first meeting of the task force, which shall be held not later than sixty days after the effective date of this section.

(e) The administrative staff of the joint standing committee of the General Assembly having cognizance of matters relating to children shall serve as administrative staff of the task force.

(f) Not later than September 30, 2014, the task force shall submit a report on its findings and recommendations to the Commissioner of Children and Families and the joint standing committee of the General Assembly having cognizance of matters relating to children, in accordance with the provisions of section 11-4a of the general statutes. The task force shall terminate on the date that it submits such report or September 30, 2014, whichever is later. "

This act shall take effect as follows and shall amend the following sections:

Section 1

July 1, 2013

New section

Sec. 2

October 1, 2013

New section

Sec. 3

July 1, 2013

New section

Sec. 4

July 1, 2013

New section

Sec. 5

October 1, 2013

New section

Sec. 6

October 1, 2013

New section

Sec. 7

October 1, 2013

New section

Sec. 8

July 1, 2013

New section

On motion of Senator Bartolomeo of the 13th, the bill as amended by Senate Amendment Schedule "A" (LCO 7782) was placed on the Consent Calendar No. 1.

JUDICIARY. Substitute for S. B. No. 814 (RAISED) (File No. 416) AN ACT CONCERNING INTERVENTION IN PERMIT PROCEEDINGS PURSUANT TO THE ENVIRONMENTAL PROTECTION ACT OF 1971. (As amended by Senate Amendment Schedule "A").

Senator Cassano of the 4th explained the bill as amended and moved adoption.

Remarking was Senators Meyer of the 12th.

On motion of Senator Cassano of the 4th, the bill as amended was placed on the Consent Calendar No. 1.

PUBLIC SAFETY AND SECURITY. S. B. No. 1099 (RAISED) (File No. 494) AN ACT CONCERNING SCHOOL SAFETY. (As amended by Senate Amendment Schedule "A").

Senator Stillman of the 20th explained the bill as amended, offered Senate Amendment Schedule “B” (LCO 7634) and moved adoption.

Remarking were Senators Boucher of the 26th and Kissel of the 7th.

On a voice vote the amendment was adopted.

The following is the Amendment.

Strike everything after the enacting clause and substitute the following in lieu thereof:

"Section 1. (NEW) (Effective from passage) (a) For the school year commencing July 1, 2013, and each school year thereafter, no municipality or local or regional board of education may employ or enter into an agreement, as described in subdivision (2) of subsection (b) of section 53a-217b of the general statutes, with any person, other than a sworn member of an organized local police department or a retired police officer as provided in subsection (b) of this section, to provide security services in a public school if such person will possess a firearm, as defined in section 53a-3 of the general statutes, while in the performance of his or her duties.

(b) A municipality or a local or regional board of education may employ or enter into an agreement with a retired police officer to provide security services in a public school if such retired police officer is a qualified retired law enforcement officer, as defined in 18 USC 926C, as amended from time to time. Such retired police officer shall receive annual training pursuant to section 7-294x of the general statutes and shall successfully complete annual firearms training provided by a certified firearms instructor that meets or exceeds the standards of the Police Officer Standards and Training Council or 18 USC 926C, as amended from time to time. Such retired police officer shall not be subject to the licensing requirements of part II of chapter 534 of the general statutes.

(c) For the purposes of subsection (b) of this section, "retired police officer" means a sworn member of an organized local police department who was certified by the Police Officer Standards and Training Council and retired or separated in good standing from such department or a sworn member of the Division of State Police within the Department of Emergency Services and Public Protection who retired or separated in good standing from said division. "

This act shall take effect as follows and shall amend the following sections:

Section 1

from passage

New section

     

On motion of Senator Stillman of the 20th, the bill as amended by Senate Amendment Schedule "A" (LCO 6550) and "B" (LCO 7634) was placed on the Consent Calendar No. 1.

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

BILL PASSED TEMPORARILY

The following favorable report was taken from the table, read the third time, the report of the Committee accepted and the bill passed temporarily.

PLANNING AND DEVELOPMENT. Substitute for S. B. No. 1012 (RAISED) (File No. 345) AN ACT CONCERNING A BEST PRACTICES GUIDE FOR COASTAL STRUCTURES AND PERMITTING.

Remarking was Senators Fasano of the 34th.

On the motion of Senator Looney of the 11th the bill was passed temporarily.

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

BILL PLACED ON CONSENT CALENDAR NO. 1

The following bill was taken from the table, read the third time, the report of the Committee accepted and the bill placed on Consent Calendar No. 1.

EDUCATION. Substitute for S. B. No. 1137 (RAISED) (File No. 545) AN ACT CONCERNING THE DEFINITION OF SCHOOL-BASED HEALTH CENTER.

Senator Gerratana of the 6th explained the bill, offered Senate Amendment Schedule “A” (LCO 7811) and moved adoption.

Remarking was Senator Welch of the 31st.

On a voice vote the amendment was adopted.

The following is the Amendment.

Strike everything after the enacting clause and substitute the following in lieu thereof:

"Section 1. Section 19a-6i of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(a) There is established a school-based health center advisory committee for the purpose of [assisting] advising the Commissioner of Public Health [in developing recommendations for] on matters relating to (1) statutory and regulatory changes to improve health care through access to school-based health centers, and (2) minimum standards for the provision of services in school-based health centers to ensure that high quality health care services are provided in school-based health centers.

(b) The committee shall be composed of the following members:

(1) One appointed by the speaker of the House of Representatives, who shall be a family advocate or a parent whose child utilizes school-based health center services;

(2) One appointed by the president pro tempore of the Senate, who shall be a school nurse;

(3) One appointed by the majority leader of the House of Representatives, who shall be a representative of a school-based health center that is sponsored by a community health center;

(4) One appointed by the majority leader of the Senate, who shall be a representative of a school-based health center that is sponsored by a nonprofit health care agency;

(5) One appointed by the minority leader of the House of Representatives, who shall be a representative of a school-based health center that is sponsored by a school or school system;

(6) One appointed by the minority leader of the Senate, who shall be a representative of a school-based health center that does not receive state funds;

(7) Two appointed by the Governor, one each of whom shall be a representative of the Connecticut Chapter of the American Academy of Pediatrics and a representative of a school-based health center that is sponsored by a hospital;

(8) One appointed by the Commissioner of Public Health, who shall be a representative of a school-based health center that is sponsored by a local health department;

[(1)] (9) The Commissioner of Public Health, or the commissioner's designee;

[(2)] (10) The Commissioner of Social Services, or the commissioner's designee;

[(3)] (11) The Commissioner of Mental Health and Addiction Services, or the commissioner's designee;

[(4)] (12) The Commissioner of Education, or the commissioner's designee; [and]

(13) The executive director of the Commission on Children, or the executive director's designee; and

[(5)] (14) Three school-based health center providers [who] one of whom shall be the executive director of the Connecticut Association of School-Based Health Centers and two of whom shall be appointed by the board of directors of the Connecticut Association of School-Based Health Centers.

(c) The committee shall meet not less than quarterly. On or before January 1, [2012] 2014, and annually thereafter, the committee shall report, in accordance with the provisions of section 11-4a, on its activities to the joint standing committees of the General Assembly having cognizance of matters relating to public health and education.

(d) Administrative support for the activities of the committee may be provided by the [Connecticut Association of School-Based Health Centers] Department of Public Health.

Sec. 2. (Effective from passage) (a) The Commissioner of Public Health, in consultation with the Commissioner of Children and Families and the school-based health center advisory committee, established pursuant to section 19a-6i of the general statutes, as amended by this act, shall study the provision of behavioral health services by school-based health centers in the state, provided the Department of Public Health receives private or federal funds for the purpose of conducting such study. For purposes of this section, "school-based health center" means a health clinic, licensed by the Department of Public Health pursuant to section 19a-491 of the general statutes, that provides health care services to students at a school.

(b) Not later than February 1, 2014, the Commissioner of Public Health shall report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to public health concerning the study conducted pursuant to subsection (a) of this section, provided the commissioner conducts such study. Such report shall include, but need not be limited to: (1) Recommendations for standards concerning the provision of behavioral health services at school-based health centers; (2) recommendations for oversight of the provision of behavioral health services at school-based health centers; (3) the estimated cost for all school-based health centers in the state to provide the recommended behavioral health services; (4) a description of the behavioral health services currently provided at school-based health centers; and (5) recommendations for maximizing reimbursement for such behavioral health services by private insurance and social service programs, including medical assistance programs administered by the Department of Social Services. "

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2013

19a-6i

Sec. 2

from passage

New section

On motion of Senator Stillman of the 20th, the bill as amended by Senate Amendment Schedule "A" (LCO 7811) was placed on the Consent Calendar No. 1.

CONSENT CALENDAR NO. 1

ADOPTED

The chair ordered the vote on business placed on the Consent Calendar be taken by roll call.

The following is the result of the vote at 6: 17 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 36

Those voting Nay 0

Those absent and not voting 0

On the roll call vote the Consent Calendar No. 1 was adopted.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

 

Y

 

19

CATHERINE A. OSTEN

 

Y

 

2

ERIC D. COLEMAN

 

Y

 

20

ANDREA STILLMAN

 

Y

 

3

GARY LEBEAU

 

Y

 

21

KEVIN KELLY

 

Y

 

4

STEVE CASSANO

 

Y

 

22

ANTHONY J. MUSTO

 

Y

 

5

BETH BYE

 

Y

 

23

ANDRES AYALA

 

Y

 

6

TERRY B. GERRATANA

 

Y

 

24

MICHAEL A. MCLACHLAN

 

Y

 

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

 

Y

 

8

KEVIN D. WITKOS

 

Y

 

26

TONI BOUCHER

 

Y

 

9

PAUL DOYLE

 

Y

 

27

CARLO LEONE

 

Y

 

10

TONI N. HARP

 

Y

 

28

JOHN MCKINNEY

 

Y

 

11

MARTIN M. LOONEY

 

Y

 

29

DONALD E. WILLIAMS, JR.

 

Y

 

12

EDWARD MEYER

 

Y

 

30

CLARK J. CHAPIN

 

Y

 

13

DANTE BARTOLOMEO

 

Y

 

31

JASON WELCH

 

Y

 

14

GAYLE SLOSSBERG

 

Y

 

32

ROBERT J. KANE

 

Y

 

15

JOAN V. HARTLEY

 

Y

 

33

ART LINARES

 

Y

 

16

JOE MARKLEY

 

Y

 

34

LEONARD FASANO

 

Y

 

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

 

Y

 

18

ANDREW MAYNARD

 

Y

 

36

L. SCOTT FRANTZ

MATTERS RETURNED FROM COMMITTEE

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEE

The following favorable reports were received from the Joint Standing Committees indicated, the bills were read the second time and tabled for the calendar.

NO NEW FILE

JUDICIARY. Substitute for S. B. No. 1028 (RAISED) (File No. 273) AN ACT CONCERNING INSURANCE DEPARTMENT EXAMINATIONS OF MARKET CONDUCT ACTIVITY.

APPROPRIATIONS. Substitute for S. B. No. 975 (RAISED) (File No. 343) AN ACT CONCERNING REVISIONS TO THE TRANSPORTATION STATUTES AND THE DESIGNATION OF ROADS AND BRIDGES IN HONOR OR IN MEMORY OF PERSONS AND ORGANIZATIONS.

PRESIDENT IN THE CHAIR

BUSINESS ON THE CALENDAR

BILL PASSED TEMPORARILY EARLIER TODAY

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEE

BILL PASSED

The following favorable report was taken from the table, read the third time, the report of the Committee accepted and the bill as amended passed.

APPROPRIATIONS. Substitute for S. B. No. 387 (RAISED) (File No. 49) AN ACT INCREASING THE MINIMUM FAIR WAGE.

Senator Osten of the 19th explained the bill, offered Senate Amendment Schedule “A” (LCO 7780) and moved adoption.

On a voice vote the amendment was adopted.

The following is the Amendment.

In line 13, strike "nine dollars" and insert in lieu thereof "eight dollars and seventy cents"

In line 14, strike "and seventy-five"

In line 15, strike "cents"

In line 18, strike "Effective July 1, 2015, and not later than each"

Strike lines 19 to 29, inclusive, in their entirety

In line 30, strike "effective on the January first immediately following. "

After the last section, add the following and renumber sections and internal references accordingly:

"Sec. 501. Section 31-60 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) Any employer who pays or agrees to pay to an employee less than the minimum fair wage or overtime wage shall be deemed in violation of the provisions of this part.

(b) The Labor Commissioner shall adopt such regulations, in accordance with the provisions of chapter 54, as may be appropriate to carry out the purposes of this part. Such regulations may include, but are not limited to, regulations defining and governing an executive, administrative or professional employee and outside salesperson; learners and apprentices, their number, proportion and length of service; and piece rates in relation to time rates; and shall recognize, as part of the minimum fair wage, gratuities in an amount (1) equal to twenty-nine and three-tenths per cent, and effective January 1, 2009, equal to thirty-one per cent of the minimum fair wage per hour, and effective January 1, 2014, equal to thirty-four and six-tenths per cent of the minimum fair wage per hour, and effective January 1, 2015, equal to thirty-six and eight-tenths per cent of the minimum fair wage per hour for persons, other than bartenders, who are employed in the hotel and restaurant industry, including a hotel restaurant, who customarily and regularly receive gratuities, (2) equal to eight and two-tenths per cent, and effective January 1, 2009, equal to eleven per cent of the minimum fair wage per hour, and effective January 1, 2014, equal to fifteen and six-tenths per cent of the minimum fair wage per hour, and effective January 1, 2015, equal to eighteen and one-half per cent of the minimum wage per hour for persons employed as bartenders who customarily and regularly receive gratuities, and (3) not to exceed thirty-five cents per hour in any other industry, and shall also recognize deductions and allowances for the value of board, in the amount of eighty-five cents for a full meal and forty-five cents for a light meal, lodging, apparel or other items or services supplied by the employer; and other special conditions or circumstances which may be usual in a particular employer-employee relationship. The commissioner may provide, in such regulations, modifications of the minimum fair wage herein established for learners and apprentices; persons under the age of eighteen years; and for such special cases or classes of cases as the commissioner finds appropriate to prevent curtailment of employment opportunities, avoid undue hardship and safeguard the minimum fair wage herein established. Regulations in effect on July 1, 1973, providing for a board deduction and allowance in an amount differing from that provided in this section shall be construed to be amended consistent with this section without the necessity of convening a wage board or amending such regulations.

(c) Regulations adopted by the commissioner pursuant to subsection (b) of this section which define executive, administrative and professional employees shall be updated not later than October 1, 2000, and every four years thereafter, to specify that such persons shall be compensated on a salary basis at a rate determined by the Labor Commissioner. "

This act shall take effect as follows and shall amend the following sections:

 

Sec. 501

July 1, 2013

31-60

Remarking were Senators Markley of the 16th and Welch of the 31st.

Senator Kane of the 32nd offered Senate Amendment Schedule “B” (LCO 7794) and moved adoption.

Remarking were Senators Osten of the 19th, McLachlan of the 24th, Meyer of the 12th, Fasano of the 34th and Kissel of the 7th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 7: 36 p. m. :

Total Number Voting 35

Necessary for Adoption 18

Those voting Yea 14

Those voting Nay 21

Those absent and not voting 1

On the roll call vote Senate Amendment Schedule “B” (LCO 7794) was rejected.

The following is the roll call vote:

   

N

1

JOHN W. FONFARA

   

N

19

CATHERINE A. OSTEN

   

N

2

ERIC D. COLEMAN

   

N

20

ANDREA STILLMAN

   

N

3

GARY LEBEAU

 

Y

 

21

KEVIN KELLY

   

N

4

STEVE CASSANO

   

N

22

ANTHONY J. MUSTO

A

   

5

BETH BYE

   

N

23

ANDRES AYALA

   

N

6

TERRY B. GERRATANA

 

Y

 

24

MICHAEL A. MCLACHLAN

 

Y

 

7

JOHN A. KISSEL

   

N

25

BOB DUFF

 

Y

 

8

KEVIN D. WITKOS

 

Y

 

26

TONI BOUCHER

   

N

9

PAUL DOYLE

   

N

27

CARLO LEONE

   

N

10

TONI N. HARP

 

Y

 

28

JOHN MCKINNEY

   

N

11

MARTIN M. LOONEY

   

N

29

DONALD E. WILLIAMS, JR.

   

N

12

EDWARD MEYER

 

Y

 

30

CLARK J. CHAPIN

   

N

13

DANTE BARTOLOMEO

 

Y

 

31

JASON WELCH

   

N

14

GAYLE SLOSSBERG

 

Y

 

32

ROBERT J. KANE

   

N

15

JOAN V. HARTLEY

 

Y

 

33

ART LINARES

 

Y

 

16

JOE MARKLEY

 

Y

 

34

LEONARD FASANO

   

N

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

   

N

18

ANDREW MAYNARD

 

Y

 

36

L. SCOTT FRANTZ

The following is the Amendment.

After the last section, add the following and renumber sections and internal references accordingly:

"Sec. 501. (NEW) (Effective October 1, 2013) The minimum fair wage established pursuant to section 1 of this act shall not apply to employees who work on a seasonal basis. For the purposes of this section, "seasonal basis" means for a period of not more than one hundred twenty calendar days in any calendar year. "

This act shall take effect as follows and shall amend the following sections:

Sec. 501

October 1, 2013

New section

Remarking was Senator Meyer of the 12th and Boucher of the 26th.

SENATOR COLEMAN IN THE CHAIR

Remarking were Senators Cassano of the 4th, Fasano of the 34th, Looney of the 11th, McKinney of the 28th and Williams of the 29th.

PRESIDENT IN THE CHAIR

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 8: 46 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 21

Those voting Nay 15

Those absent and not voting 0

On the roll call vote Senate Bill No. 387 as amended by Senate Amendment Schedule “A” (LCO 7780) was passed.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

 

Y

 

19

CATHERINE A. OSTEN

 

Y

 

2

ERIC D. COLEMAN

 

Y

 

20

ANDREA STILLMAN

 

Y

 

3

GARY LEBEAU

   

N

21

KEVIN KELLY

 

Y

 

4

STEVE CASSANO

 

Y

 

22

ANTHONY J. MUSTO

 

Y

 

5

BETH BYE

 

Y

 

23

ANDRES AYALA

 

Y

 

6

TERRY B. GERRATANA

   

N

24

MICHAEL A. MCLACHLAN

   

N

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

   

N

8

KEVIN D. WITKOS

   

N

26

TONI BOUCHER

 

Y

 

9

PAUL DOYLE

 

Y

 

27

CARLO LEONE

 

Y

 

10

TONI N. HARP

   

N

28

JOHN MCKINNEY

 

Y

 

11

MARTIN M. LOONEY

 

Y

 

29

DONALD E. WILLIAMS, JR.

 

Y

 

12

EDWARD MEYER

   

N

30

CLARK J. CHAPIN

 

Y

 

13

DANTE BARTOLOMEO

   

N

31

JASON WELCH

 

Y

 

14

GAYLE SLOSSBERG

   

N

32

ROBERT J. KANE

   

N

15

JOAN V. HARTLEY

   

N

33

ART LINARES

   

N

16

JOE MARKLEY

   

N

34

LEONARD FASANO

 

Y

 

17

JOSEPH J. CRISCO, JR.

   

N

35

ANTHONY GUGLIELMO

 

Y

 

18

ANDREW MAYNARD

   

N

36

L. SCOTT FRANTZ

BUSINESS ON THE CALENDAR

BILL PASSED TEMPORARILY EARLIER TODAY

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEE

BILL PASSED

The following favorable report was taken from the table, read the third time, the report of the Committee accepted and the bill as amended passed.

PLANNING AND DEVELOPMENT. Substitute for S. B. No. 1012 (RAISED) (File No. 345) AN ACT CONCERNING A BEST PRACTICES GUIDE FOR COASTAL STRUCTURES AND PERMITTING.

Senator Meyer of the 12th explained the bill, offered Senate Amendment Schedule “A” (LCO 7829) and moved adoption.

Remarking were Senators Fasano of the 34th, Maynard of the 18th, Frantz of the 36th and McLachlan of the 24th.

On a voice vote the amendment was adopted.

The following is the Amendment.

After the last section, add the following and renumber sections and internal references accordingly:

"Sec. 501. Subdivision (19) of section 22a-93 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(19) "Rise in sea level" means the arithmetic mean of the most recent equivalent per decade rise in the surface level of the tidal and coastal waters of the state, as documented [for an annual, decadal or centenary period, at any sites specified in the state] in National Oceanic and Atmospheric Administration online or printed publications for said agency's Bridgeport and New London tide gauges.

Sec. 502. Subsection (h) of section 16a-27 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(h) Any revision made after October 1, [2012] 2013, shall (1) take into consideration risks associated with increased coastal erosion, depending on site topography, [caused by a rise in sea level, as defined in section 22a-93] as anticipated in sea level change scenarios published by the National Oceanic and Atmospheric Administration in Technical Report OAR CPO-1, (2) identify the impacts of such increased erosion on infrastructure and natural resources, and (3) make recommendations for the siting of future infrastructure and property development to minimize the use of areas prone to such erosion.

Sec. 503. Subsection (d) of section 8-23 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(d) In preparing such plan, the commission or any special committee shall consider the following: (1) The community development action plan of the municipality, if any, (2) the need for affordable housing, (3) the need for protection of existing and potential public surface and ground drinking water supplies, (4) the use of cluster development and other development patterns to the extent consistent with soil types, terrain and infrastructure capacity within the municipality, (5) the state plan of conservation and development adopted pursuant to chapter 297, (6) the regional plan of conservation and development adopted pursuant to section 8-35a, (7) physical, social, economic and governmental conditions and trends, (8) the needs of the municipality including, but not limited to, human resources, education, health, housing, recreation, social services, public utilities, public protection, transportation and circulation and cultural and interpersonal communications, (9) the objectives of energy-efficient patterns of development, the use of solar and other renewable forms of energy and energy conservation, [and] (10) protection and preservation of agriculture, and (11) sea level change scenarios published by the National Oceanic and Atmospheric Administration in Technical Report OAR CPO-1.

Sec. 504. Section 28-5 of the general statutes is amended by adding subsection (g) as follows (Effective October 1, 2013):

(NEW) (g) On and after the effective date of this section, the state civil preparedness plan and program established pursuant to subsection (b) of this section shall consider sea level change scenarios published by the National Oceanic and Atmospheric Administration in Technical Report OAR CPO-1.

Sec. 505. (NEW) (Effective October 1, 2013) (a) On and after the effective date of this section, in the preparation of any municipal evacuation plan or hazard mitigation plan, such municipality shall consider sea level change scenarios published by the National Oceanic and Atmospheric Administration in Technical Report OAR CPO-1.

(b) Within available resources and not less than once every ten years, the Marine Sciences Division of The University of Connecticut shall update the sea level change scenarios published by the National Oceanic and Atmospheric Administration in Technical Report OAR CPO-1. Within available resources and not less than ninety days prior to any update of such sea level change scenarios by said Marine Sciences Division, the division shall conduct not less than one public hearing concerning such update.

Sec. 506. Subsection (b) of section 22a-109 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(b) The zoning commission may by regulation exempt any or all of the following uses from the coastal site plan review requirements of this chapter: (1) Minor additions to or modifications of existing buildings or detached accessory buildings, such as garages and utility sheds; (2) construction of new or modification of existing structures incidental to the enjoyment and maintenance of residential property including but not limited to walks, terraces, elevated decks, driveways, swimming pools, tennis courts, docks and detached accessory buildings; (3) construction of new or modification of existing on-premise structures including fences, walls, pedestrian walks and terraces, underground utility connections, essential electric, gas, telephone, water and sewer service lines, signs and such other minor structures as will not substantially alter the natural character of coastal resources or restrict access along the public beach; (4) construction of an individual single-family residential structure except when such structure is located on an island not connected to the mainland by an existing road bridge or causeway or except when such structure is in or within one hundred feet of the following coastal resource areas: Tidal wetlands, coastal bluffs and escarpments and beaches and dunes; (5) activities conducted for the specific purpose of conserving or preserving soil, vegetation, water, fish, shellfish, wildlife and other coastal land and water resources; (6) interior modifications to buildings; and (7) minor changes in use of a building, structure or property except those changes occurring on property adjacent to or abutting coastal waters. Gardening, grazing and the harvesting of crops shall be exempt from the requirements of this chapter. Notwithstanding the provisions of this subsection, shoreline flood and erosion control structures as defined in subsection (c) of this section shall not be exempt from the requirements of this chapter.

Sec. 507. Subsection (e) of section 22a-361 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(e) (1) No person, firm or corporation, public, municipal or private, who removes sand, gravel or other material lying waterward of the mean high water mark of the tidal, coastal or navigable waters of the state pursuant to a permit issued under this section on or after October 1, 1996, shall make any beneficial or commercial use of such sand, gravel or other material except upon payment to the state of a fee of four dollars per cubic yard of such sand, gravel and other materials. Such payment shall be made at times and under conditions specified by the commissioner in such permit. No fee shall be assessed for [(1)] (A) the performance of such activities on land which is not owned by the state, [(2)] (B) the use of sand, gravel or other materials for beach restoration projects, or [(3)] (C) ultimate disposal of such sand, gravel or other materials which does not result in an economic benefit to any person. For the purposes of this [section] subdivision, "beneficial or commercial use" includes, but is not limited to, sale or use of sand, gravel or other materials for construction, aggregate, fill or landscaping.

(2) The commissioner may require that any person, firm or corporation, public, municipal or private, who removes sand, gravel or other material lying waterward of the mean high water mark of the tidal, coastal or navigable waters shall make available such sand, gravel or other material of appropriate grain size and composition to any coastal municipality or to any district established pursuant to chapter 105 or by special act to plan, lay out, acquire, construct, reconstruct, repair, maintain, supervise and manage a flood or erosion control system. Such sand, gravel or other material shall be offered for the purposes of an appropriately authorized beach nourishment or habitat restoration project and shall be available (A) to municipalities for the cost of transporting such sand, gravel or other material, and (B) to districts for a reasonable fee.

Sec. 508. Section 22a-363a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

For the purposes of this section and sections 22a-361, 22a-361a, 22a-362, 22a-363b, as amended by this act, and 22a-363d to 22a-363f, inclusive: "Substantial maintenance" means rebuilding, reconstructing, or reestablishing to a preexisting condition and dimension any structure, fill, obstruction or encroachment; "routine maintenance" means replacement and repair of out-of-water structures including the surfaces of docks, piers, wharves and bridges, replacement or repair in any year of up to [twenty-five] fifty per cent of all pilings approved in accordance with section 22a-361 and seasonal installation, reinstallation or repair of floating docks, provided that all locations, dimensions, elevations and materials shall remain the same as or equivalent to that approved in accordance with said section; "perimeter permit" means a permit issued in accordance with said section, establishing boundaries waterward of the coastal jurisdiction line within which recreational marinas layout of in-water slips, docks and moorings may be reconfigured; "work" means any activity, construction, or site preparation, erection of structures or placement of fill, including but not limited to grading, excavating, dredging or disposing of dredged material, depositing of soil, stones, sand, gravel, mud, aggregate or construction materials, filling, removing vegetation or other material, or other modification of a site within the tidal, coastal or navigable waters of the state waterward of the coastal jurisdiction line.

Sec. 509. Section 22a-363b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(a) Routine maintenance of permitted structures, fill, obstructions or encroachments or routine maintenance of structures, fill, obstructions or encroachments in place prior to June 24, 1939, and continuously maintained and serviceable since that date shall be exempt from the requirements of obtaining certificates of permission or permits pursuant to section 22a-363a, as amended by this act, this section or section 22a-361. The following activities may be eligible for a certificate of permission, in accordance with the provisions of subsections (c) and (d) of this section: (1) Substantial maintenance or repair of existing structures, fill, obstructions or encroachments authorized pursuant to section 22a-33 or 22a-361; (2) substantial maintenance of any structures, fill, obstructions or encroachments in place prior to [June 24, 1939] January 1, 1995, and continuously maintained and serviceable since such time; (3) maintenance dredging of areas which have been dredged and continuously maintained and serviceable as authorized pursuant to section 22a-33 or 22a-361; (4) activities allowed pursuant to a perimeter permit and requiring authorization by the commissioner; (5) the removal of derelict structures or vessels; (6) minor alterations or amendments to permitted activities consistent with the original permit; (7) minor alterations or amendments to activities completed prior to [June 24, 1939] January 1, 1995; (8) placement of temporary structures for water-dependent uses, as defined in section 22a-93; (9) open water marsh management, tidal wetland restoration, resource restoration or enhancement activity, as defined in subsection (a) of section 22a-361, including beach nourishment, and conservation activities undertaken by or under the supervision of the Department of Energy and Environmental Protection; (10) the placement or reconfiguration of piers, floats, docks or moorings within existing waterward boundaries of recreational marinas or yacht clubs which have been authorized pursuant to section 22a-33 or 22a-361; and (11) substantial maintenance or repair of structures, fill, obstructions or encroachments placed landward of the mean high waterline and waterward of the coastal jurisdiction line completed prior to October 1, 1987, and continuously maintained and serviceable since said date. Notwithstanding the provisions of sections 22a-29 to 22a-35, inclusive, the commissioner may issue a certificate of permission for activities enumerated in this subsection which are to be conducted in tidal wetlands. Upon issuance, such certificate shall be in lieu of the permit required pursuant to section 22a-32.

(b) (1) The commissioner [may] shall issue a certificate of permission for activities [which] that were completed prior to January 1, 1995, for which permits, certificates or emergency authorizations were required pursuant to section 22a-32, this section, section 22a-361 or section 22a-363d, which were conducted without such permit, certificate or emergency authorization, provided the applicant demonstrates that such activity substantially complies with all applicable standards and criteria. [In determining the eligibility of activities conducted without prior authorization, the commissioner may consider whether the applicant acquired such real estate interest in the work site after the date of conduct of the unauthorized activity, is not otherwise liable for the unauthorized activity as a result of actions taken prior to the acquisition and did not know and had no reason to know of the unauthorized activity. ] The commissioner [may] shall authorize the maintenance of or minor alterations to unauthorized activities consistent with this subsection, including, but not limited to, the use of alternative deck surfacing materials and the use of alternative materials for seawalls designed using generally accepted engineering practices. Unauthorized activities which are ineligible for certificates of permission may be subject to applicable enforcement actions by the commissioner.

(2) In the event of an initial denial of a certificate of permission, the applicant, not later than thirty days after the issuance of such initial denial, shall be entitled to request a meeting with a mediator in the department's Office of Adjudication for the purpose of attempting to resolve any disagreement concerning such initial denial.

(c) A request for a certificate of permission shall be made to the Commissioner of Energy and Environmental Protection. If a proposed activity is within a category listed in subsection (a) or (b) of this section, the commissioner [may] shall, in whole or in part, approve, modify and approve or deny a certificate. The commissioner shall issue such a certificate if the eligible proposed activity is consistent with a permit issued pursuant to section 22a-33 or 22a-361 or was in place prior to June 24, 1939, and continuously maintained and serviceable since such time. If the eligible proposed activity does not have a permit or has not received any prior permits, the commissioner shall determine if the information provided is sufficient to determine if the proposed activity complies with the applicable standards and criteria and may (1) issue a certificate of permission if the commissioner finds that the information indicates compliance with all applicable standards and criteria, or (2) require the submittal of a complete application for a permit pursuant to section 22a-32 or 22a-361, if the commissioner finds that the information is not sufficient to indicate compliance with the standards and criteria. [If the commissioner finds that changes in conditions or circumstances associated with a permitted structure, fill, obstruction or encroachment are likely to result in significant impacts to the environment or coastal resources, the commissioner may require an application for a permit pursuant to section 22a-32 or 22a-361. ] If the commissioner finds that the structure, fill, obstruction or encroachment is not in substantial compliance with the permit or authorization under which a certificate of permission is requested, and is not consistent with applicable standards and criteria, the commissioner shall not issue a certificate of permission. For the purposes of this section, standards and criteria are those specified in sections 22a-33 and 22a-359 and regulations adopted pursuant to section 22a-30, in any regulations adopted pursuant to subsection (c) of said section 22a-361, in the water quality standards of the Department of Energy and Environmental Protection, and in sections 22a-92, as amended by this act, and 22a-98 for activities within the coastal boundary, as defined in section 22a-93.

(d) The commissioner shall, within forty-five days of receipt of a request for a certificate of permission, issue such certificate or notify the person making such request that (1) additional information or an application for a permit pursuant to section 22a-32 or 22a-361 is required, or (2) the structure, fill, obstruction or encroachment is not eligible for a certificate of permission. If the commissioner requests additional information from an applicant, the commissioner shall make a determination on the application no later than ninety days from the date of receipt of the request for a certificate of permission. If the commissioner fails to respond within forty-five days of receipt of a request, the certificate of permission shall be deemed approved, except that no certificate of permission for dredging [,] or activities located within tidal wetlands, as defined in section 22a-29, or activities conducted without prior authorization shall be deemed approved by virtue of the commissioner's failure to respond.

(e) Notwithstanding the provisions of the general statutes, the commissioner shall not issue a certificate of permission for a pound net, weir or similar fish harvesting structure that was not utilized prior to June 6, 2001. The commissioner may issue a permit for such fish harvesting structure, in accordance with section 22a-361, provided, if the commissioner receives a petition signed by twenty-five or more persons during the public comment period provided in subsection (b) of section 22a-361 for the application for any such permit, the commissioner shall hold a public hearing on such permit application.

(f) The existence of any waterfront access easement created after January 1, 1995, shall not entitle an owner of the dominant or servient estate to additional structures for riparian or littoral access.

Sec. 510. (NEW) (Effective October 1, 2013) In the event of an issuance of a hurricane or tropical storm warning by the National Hurricane Center of the National Weather Service in any part of the state, or as authorized by the Commissioner of Energy and Environmental Protection, any property owner or municipality may, in the twenty-four hours prior to the predicted commencement of the hurricane or tropical storm, fortify property above the coastal jurisdiction line with temporary structures, including sand bags, blocks and other suitable materials. Any such structures shall be removed not later than forty-eight hours after a hurricane or tropical storm warning is lifted unless such deadline is extended by said commissioner.

Sec. 511. Subsection (b) of section 22a-92 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(b) In addition to the policies stated in subsection (a) of this section, the following policies are established for federal, state and municipal agencies in carrying out their responsibilities under this chapter:

(1) Policies concerning development, facilities and uses within the coastal boundary are: (A) To manage uses in the coastal boundary through existing municipal planning, zoning and other local regulatory authorities and through existing state structures, dredging, wetlands, and other state siting and regulatory authorities, giving highest priority and preference to water-dependent uses and facilities in shorefront areas; (B) to locate and phase sewer and water lines so as to encourage concentrated development in areas which are suitable for development; and to disapprove extension of sewer and water services into developed and undeveloped beaches, barrier beaches and tidal wetlands except that, when necessary to abate existing sources of pollution, sewers that will accommodate existing uses with limited excess capacity may be used; (C) to promote, through existing state and local planning, development, promotional and regulatory authorities, the development, reuse or redevelopment of existing urban and commercial fishing ports giving highest priority and preference to water dependent uses, including but not limited to commercial and recreational fishing and boating uses; to disallow uses which unreasonably congest navigation channels, or unreasonably preclude boating support facilities elsewhere in a port or harbor; and to minimize the risk of oil and chemical spills at port facilities; (D) to require that structures in tidal wetlands and coastal waters be designed, constructed and maintained to minimize adverse impacts on coastal resources, circulation and sedimentation patterns, water quality, and flooding and erosion, to reduce to the maximum extent practicable the use of fill, and to reduce conflicts with the riparian rights of adjacent landowners; (E) to disallow the siting within the coastal boundary of new tank farms and other new fuel and chemical storage facilities which can reasonably be located inland and to require any new storage tanks which must be located within the coastal boundary to abut existing storage tanks or to be located in urban industrial areas and to be adequately protected against floods and spills; (F) to make use of rehabilitation, upgrading and improvement of existing transportation facilities as the primary means of meeting transportation needs in the coastal area; (G) to encourage increased recreational boating use of coastal waters, where feasible, by (i) providing additional berthing space in existing harbors, (ii) limiting non-water-dependent land uses that preclude boating support facilities, (iii) increasing state-owned launching facilities, and (iv) providing for new boating facilities in natural harbors, new protected water areas and in areas dredged from dry land; (H) to protect coastal resources by requiring, where feasible, that such boating uses and facilities (i) minimize disruption or degradation of natural coastal resources, (ii) utilize existing altered, developed or redevelopment areas, (iii) are located to assure optimal distribution of state-owned facilities to the state-wide boating public, and (iv) utilize ramps and dry storage rather than slips in environmentally sensitive areas; (I) to protect and where feasible, upgrade facilities serving the commercial fishing and recreational boating industries; to maintain existing authorized commercial fishing and recreational boating harbor space unless the demand for these facilities no longer exists or adequate space has been provided; to design and locate, where feasible, proposed recreational boating facilities in a manner which does not interfere with the needs of the commercial fishing industry; [and] (J) to require reasonable mitigation measures where development would adversely impact historical, archaeological, or paleontological resources that have been designated by the state historic preservation officer; and (K) to encourage the cooperative use of confined aquatic disposal cells for dredged material in appropriate circumstances.

(2) Policies concerning coastal land and water resources within the coastal boundary are: (A) To manage coastal bluffs and escarpments so as to preserve their slope and toe; to discourage uses which do not permit continued natural rates of erosion and to disapprove uses that accelerate slope erosion and alter essential patterns and supply of sediments to the littoral transport system; (B) to manage rocky shorefronts so as to ensure that development proceeds in a manner which does not irreparably reduce the capability of the system to support a healthy intertidal biological community; to provide feeding grounds and refuge for shorebirds and finfish, and to dissipate and absorb storm and wave energies; (C) to preserve the dynamic form and integrity of natural beach systems in order to provide critical wildlife habitats, a reservoir for sand supply, a buffer for coastal flooding and erosion, and valuable recreational opportunities; to ensure that coastal uses are compatible with the capabilities of the system and do not unreasonably interfere with natural processes of erosion and sedimentation, and to encourage the restoration and enhancement of disturbed or modified beach systems; (D) to manage intertidal flats so as to preserve their value as a nutrient source and reservoir, a healthy shellfish habitat and a valuable feeding area for invertebrates, fish and shorebirds; to encourage the restoration and enhancement of degraded intertidal flats; to allow coastal uses that minimize change in the natural current flows, depth, slope, sedimentation, and nutrient storage functions and to disallow uses that substantially accelerate erosion or lead to significant despoliation of tidal flats; (E) to preserve tidal wetlands and to prevent the despoliation and destruction thereof in order to maintain their vital natural functions; to encourage the rehabilitation and restoration of degraded tidal wetlands and where feasible and environmentally acceptable, to encourage the creation of wetlands for the purposes of shellfish and finfish management, habitat creation and dredge spoil disposal; (F) to manage coastal hazard areas so as to ensure that development proceeds in such a manner that hazards to life and property are minimized and to promote nonstructural solutions to flood and erosion problems except in those instances where structural alternatives prove unavoidable and necessary to protect [inhabited structures constructed] commercial and residential structures and substantial appurtenances that are attached or integral thereto, constructed as of January 1, 1995, infrastructural facilities or water dependent uses; (G) to promote, through existing state and local planning, development, promotional and regulatory programs, the use of existing developed shorefront areas for marine-related uses, including but not limited to, commercial and recreational fishing, boating and other water-dependent commercial, industrial and recreational uses; (H) to manage undeveloped islands in order to promote their use as critical habitats for those bird, plant and animal species which are indigenous to such islands or which are increasingly rare on the mainland; to maintain the value of undeveloped islands as a major source of recreational open space; and to disallow uses which will have significant adverse impacts on islands or their resource components; (I) to regulate shoreland use and development in a manner which minimizes adverse impacts upon adjacent coastal systems and resources; and (J) to maintain the natural relationship between eroding and depositional coastal landforms and to minimize the adverse impacts of erosion and sedimentation on coastal land uses through the promotion of nonstructural mitigation measures. Structural solutions are permissible when necessary and unavoidable for the protection of infrastructural facilities, cemetery or burial grounds, water-dependent uses, or [inhabited structures constructed cemetery or burial grounds,] commercial and residential structures and substantial appurtenances that are attached or integral thereto, constructed as of January 1, 1995, and where there is no feasible, less environmentally damaging alternative and where all reasonable mitigation measures and techniques have been provided to minimize adverse environmental impacts.

Sec. 512. Subsection (f) of section 22a-92 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(f) (1) In the event the commissioner makes a tentative decision pursuant to section 22a-6h to deny an application prepared by a licensed professional engineer for a shoreline flood and erosion control structure, as defined in subsection (c) of section 22a-109, the applicant may, not later than thirty days after the date on which the commissioner publishes or causes to be published notice of such tentative determination, submit a written request to the commissioner to conduct a hearing on such application in accordance with the provisions of chapter 54 together with a request that the Connecticut Academy of Science and Engineering issue an advisory engineering evaluation on the engineering aspects of such application. Any such request for an advisory engineering evaluation shall be accompanied by a fee required pursuant to a fee schedule established by said academy in consultation with the commissioner. Said academy shall review submissions from all parties to the application and shall meet with such parties as necessary for the purpose of resolving differences between the parties. Said academy shall issue a written advisory engineering evaluation not later than one hundred twenty days after receipt of the fee and submissions, provided the academy may, in its sole discretion, extend such deadline for an additional sixty days. The written advisory engineering opinion shall be nonbinding and shall be considered by the commissioner in rendering a final decision on the application. The commissioner shall schedule a hearing on such application not later than thirty days after the date on which said academy issues the written advisory engineering evaluation, provided the applicant may, at any time prior to such hearing, withdraw the request to the commissioner to conduct such hearing.

(2) In the case of any application for a shoreline flood and erosion control structure that is denied on the basis of a finding that there may be feasible, less environmentally damaging alternatives to such structure or that reasonable mitigation measures and techniques have not been provided, the commissioner or the municipal commission, as applicable, shall propose on the record, in writing, the types of feasible alternatives or mitigation measures and techniques that the applicant may investigate, provided this subsection shall not be construed to shift the burden from the applicant to prove that such applicant is entitled to approval of the proposed shoreline flood and erosion control structure or to present alternatives to such structure.

Sec. 513. Section 22a-5c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(a) When an order issued by the Commissioner of Energy and Environmental Protection to any person pursuant to section 22a-6, 22a-6b, as amended by this act, 22a-7, 22a-108 or 22a-363f to correct, abate or penalize any violation of section 22a-32, 22a-92, as amended by this act, or 22a-361 or any certificate or permit issued under section 22a-6, 22a-6b, as amended by this act, 22a-7, 22a-32, 22a-92, as amended by this act, 22a-108, 22a-361 or 22a-363f becomes final, the commissioner shall cause a certified copy or notice of the final order to be filed on the land records in the town in which the land is located. Such certified copy or notice shall constitute a notice to the owner's heirs, successors and assigns. When the order is complied with or revoked, the commissioner shall issue a certificate showing such compliance or revocation, which certificate the commissioner shall cause to be recorded on the land records in the town in which the order was previously recorded. A certified copy of the certificate showing such compliance or revocation shall be sent to the owner at the owner's last-known post office address.

(b) No order issued by the Commissioner of Energy and Environmental Protection pursuant to section 22a-6b shall continue in force for a longer period than fifteen years after the order has been issued unless the commissioner has taken judicial action to enforce such order. Any order for which the commissioner has not taken judicial action shall be invalid and discharged as a matter of law after the expiration of the fifteen-year period.

Sec. 514. (NEW) (Effective October 1, 2013) For the period commencing on October 1, 2013, and ending September 30, 2015, the Commissioner of Energy and Environmental Protection shall establish a pilot program for any residential property owner who receives a notice of noncompliance from the Department of Energy and Environmental Protection for a violation of chapter 444 or 446i of the general statutes. Such program shall be designed to assist owners of residential property to better understand such owners' rights and responsibilities under chapters 444 and 446i of the general statutes. Not later than January 1, 2016, the commissioner shall submit a summary of such pilot program, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to municipalities and the environment. "

This act shall take effect as follows and shall amend the following sections:

Sec. 501

October 1, 2013

22a-93(19)

Sec. 502

October 1, 2013

16a-27(h)

Sec. 503

October 1, 2013

8-23(d)

Sec. 504

October 1, 2013

28-5

Sec. 505

October 1, 2013

New section

Sec. 506

October 1, 2013

22a-109(b)

Sec. 507

October 1, 2013

22a-361(e)

Sec. 508

October 1, 2013

22a-363a

Sec. 509

October 1, 2013

22a-363b

Sec. 510

October 1, 2013

New section

Sec. 511

October 1, 2013

22a-92(b)

Sec. 512

October 1, 2013

22a-92(f)

Sec. 513

October 1, 2013

22a-5c

Sec. 514

October 1, 2013

New section

Remarking was Senator Looney of the 11th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 9: 25 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 36

Those voting Nay 0

Those absent and not voting 0

On the roll call vote Senate Bill No. 1012 as amended by Senate Amendment Schedule “A” (LCO 7829) was Passed.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

 

Y

 

19

CATHERINE A. OSTEN

 

Y

 

2

ERIC D. COLEMAN

 

Y

 

20

ANDREA STILLMAN

 

Y

 

3

GARY LEBEAU

 

Y

 

21

KEVIN KELLY

 

Y

 

4

STEVE CASSANO

 

Y

 

22

ANTHONY J. MUSTO

 

Y

 

5

BETH BYE

 

Y

 

23

ANDRES AYALA

 

Y

 

6

TERRY B. GERRATANA

 

Y

 

24

MICHAEL A. MCLACHLAN

 

Y

 

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

 

Y

 

8

KEVIN D. WITKOS

 

Y

 

26

TONI BOUCHER

 

Y

 

9

PAUL DOYLE

 

Y

 

27

CARLO LEONE

 

Y

 

10

TONI N. HARP

 

Y

 

28

JOHN MCKINNEY

 

Y

 

11

MARTIN M. LOONEY

 

Y

 

29

DONALD E. WILLIAMS, JR.

 

Y

 

12

EDWARD MEYER

 

Y

 

30

CLARK J. CHAPIN

 

Y

 

13

DANTE BARTOLOMEO

 

Y

 

31

JASON WELCH

 

Y

 

14

GAYLE SLOSSBERG

 

Y

 

32

ROBERT J. KANE

 

Y

 

15

JOAN V. HARTLEY

 

Y

 

33

ART LINARES

 

Y

 

16

JOE MARKLEY

 

Y

 

34

LEONARD FASANO

 

Y

 

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

 

Y

 

18

ANDREW MAYNARD

 

Y

 

36

L. SCOTT FRANTZ

BUSINESS ON THE CALENDAR

MATTER REFERRED TO COMMITTEE ON

HIGHER EDUCATION AND EMPLOYMENT ADVANCEMENT

On motion of Senator Looney of the 11th, the following matter was referred to the Committee on Higher Education and Employment Advancement.

PUBLIC HEALTH. H. B. No. 6646 (RAISED) (File No. 555) AN ACT CONCERNING MARITAL AND FAMILY THERAPISTS.

BUSINESS ON THE CALENDAR

MATTER PLACED ON FOOT OF THE CALENDAR

On motion of Senator Looney of the 11th, the following matter was placed on the foot of the calendar:

TRANSPORTATION. S. B. No. 282 (COMM) (File No. 432) AN ACT CONCERNING THE DEVELOPMENT OF A CONNECTICUT ANTIQUES TRAIL.

BUSINESS ON THE CALENDAR

MATTER RECOMMITTED

On motion of Senator Looney of the 11th, the following matter was recommitted to the Committee indicated:

INSURANCE AND REAL ESTATE

JUDICIARY. Substitute for S. B. No. 1092 (RAISED) (File No. 391) AN ACT CONCERNING FEDERAL HOME LOAN BANKS AND THE INSURERS REHABILITATION AND LIQUIDATION ACT.

ADJOURNMENT

On motion of Senator Looney of the 11th, the Senate at 9: 29 p. m. adjourned subject to the call of the chair.