Substitute House Bill No. 6621

Public Act No. 99-225

An Act Concerning Revisions to Certain Programs and Operations of the Department of Environmental Protection, Extension of Certain Water Mains by Municipalities and Specifications for Certain Purchases Made by the State.

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

Section 1. Subsection (g) of section 22a-178 of the general statutes is repealed and the following is substituted in lieu thereof:

(g) When [the] an order issued by the commissioner [issues an order] to any person pursuant to this chapter [, he] becomes final, the commissioner shall cause a certified copy or notice [thereof] of the final order to be filed on the land records in the town wherein the land is located, and such certified copy or notice shall constitute a notice to the owner's heirs, successors and assigns. When the order has been fully 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 wherein the order was previously recorded.

Sec. 2. Subsection (f) of section 22a-174 of the general statutes is repealed and the following is substituted in lieu thereof:

(f) The commissioner shall allow [residents of any municipality, by permit, to burn brush on the property where they reside and he shall allow the burning of brush in municipal landfills, by permit to the fire marshal of the municipality where such landfill is located, except] the open burning of brush in the state provided a permit for such burning is obtained from the fire marshal of the municipality where the brush is proposed to be burned and further provided such burning is restricted to residential property where the open burn permittee resides, or at a municipal landfill, municipal transfer station or municipal recycling center, except that no open burning of brush shall occur (1) when national or state ambient air quality standards may be exceeded; (2) where a hazardous health condition might be created; (3) when the forest fire danger in the area is identified by the commissioner as extreme and where woodland or grass land is within one hundred feet of the proposed burn; (4) where there is an advisory from the commissioner of any air pollution episode; (5) where prohibited by an ordinance of the municipality; and (6) in the case of a municipal landfill, when such landfill is within an area designated as a hot spot on the open burning map prepared by the commissioner. A permit for the burning of brush [in] at any municipal landfill, municipal transfer station or municipal recycling center shall be issued no more than six times in any calendar year. [The application by any fire marshal must be submitted to the commissioner with the approval of the chief elected official of the municipality in which the municipal landfill is located]. The proposed permit to burn brush at any municipal landfill, municipal transfer station or municipal recycling center shall be submitted to the commissioner by the fire marshal, with the approval of the chief elected official of the municipality in which the municipal landfill, municipal transfer station or municipal recycling center is located. The commissioner shall approve or disapprove [an application for the] the fire marshal's proposed permitting of burning of brush [in] at a municipal landfill, municipal transfer station or municipal recycling center within a reasonable time of the filing of such application. [, and in accordance with the regulations pertaining to open burning adopted by the commissioner pursuant to subsection (a) of this section, provided the] The burning of leaves, demolition waste or other solid waste deposited in such landfill shall be prohibited. The commissioner shall require the payment of an application fee [of two hundred fifty dollars for commercial applicants, and the payment of an inspection fee of two hundred fifty dollars for such applicants and the payment of an inspection fee for municipal applicants of one hundred twenty-five dollars. On and after July 1, 1995, such fees shall be as prescribed by] and inspection fee in accordance with regulations adopted by the commissioner in accordance with chapter 54. Nothing in this subsection or in any regulation adopted pursuant to this subsection shall affect the power of any municipality to regulate or ban the open burning of brush within its boundaries for any purpose. Notwithstanding any other provision of this section, fire blocks for the purpose of controlling forest fires, fires for the purpose of fire-training exercises and controlled fires in salt water marshes to forestall uncontrolled fires may be authorized with the written approval of the commissioner.

Sec. 3. Subsection (b) of section 22a-133y of the general statutes is repealed and the following is substituted in lieu thereof:

(b) Following any Phase II environmental site assessment or a Phase III investigation for any such property, any Phase III remedial action plan prepared for purposes of a voluntary site remediation under this section shall be prepared by a licensed environmental professional in accordance with the standards for such property adopted by the commissioner under section 22a-133k. Prior to commencement of remedial action taken pursuant to such plan, the owner of the property shall submit such plan to the commissioner and shall: [provide notice of such action by at least two of the following methods:] (1) Publish notice of the remedial action in a newspaper having a substantial circulation in the town where the property is located; (2) notify the director of health of the municipality where the parcel is located; and (3) either (A) erect and maintain for at least thirty days in a legible condition a sign not less than six feet by four feet on the property, which sign shall be clearly visible from the public highway, and shall include the words "ENVIRONMENTAL CLEAN-UP IN PROGRESS AT THIS SITE. FOR FURTHER INFORMATION CONTACT:" and include a telephone number for an office from which any interested person may obtain additional information about the remedial action; or [(3)] (B) mail notice of the remedial action to each owner of record of property which abuts such property, at the address on the last-completed grand list of the relevant town. The commissioner may review such plan and may advise such owner as to the adequacy of such plan. The remedial action shall be conducted under the supervision of a licensed environmental professional. The commissioner shall expedite the process for issuing any permits required under this title for such action. The final remedial action report shall be submitted by a licensed environmental professional. In preparing such report, the licensed environmental professional shall render an opinion, in accordance with the standard of care provided for in subsection (c) of section 22a-133w, that the action taken to contain, remove or mitigate the spill is in accordance with the remediation standards for such property adopted by the commissioner under section 22a-133k. The owner of the property shall maintain all records relating to such remedial action for a period of not less than ten years and shall make such records available to the commissioner at any time upon his request.

Sec. 4. Section 22a-133x of the general statutes is amended by adding subsection (g) as follows:

(NEW) (g) Prior to commencement of remedial action taken under this section, the municipality or owner shall (1) publish notice of the remediation, in accordance with the schedule submitted pursuant to this section, in a newspaper having a substantial circulation in the area affected by the establishment, (2) notify the director of health of the municipality where the parcel is located of the remediation, and (3) either (A) erect and maintain for at least thirty days in a legible condition a sign not less than six feet by four feet on the parcel, which sign shall be clearly visible from the public highway, and shall include the words "ENVIRONMENTAL CLEAN-UP IN PROGRESS AT THIS SITE. FOR FURTHER INFORMATION CONTACT:" and include a telephone number for an office from which any interested person may obtain additional information about the remediation, or (B) mail notice of the remediation to each owner of record of property on the last-completed grand list of the municipality where the parcel is located.

Sec. 5. Section 12-63f of the general statutes is repealed and the following is substituted in lieu thereof:

For the five assessment years commencing with the first assessment and collection of the tax imposed under this chapter on a parcel of real property which assessment and collection follows an approval of a final remedial action report by the Commissioner of Environmental Protection or a filing of such a report by a licensed environmental professional regarding such property other than any such approval or filing made under section 22a-133m and which assessment and collection [commences on or before January 1, 2003] occurs on or after January 1, 1999, and before January 1, 2006, twenty per cent of any amount received by a municipality from such assessment in excess of the highest amount received [in] from an assessment for any one of the three fiscal years preceding such approval or filing shall be paid to the State Treasurer and shall be deposited into the Special Contaminated Property Remediation and Insurance Fund established under section 22a-133t provided this section shall not apply to taxes imposed on personal property, penalties or interest. For the purposes of this section, "municipality" means any town, consolidated town and city or consolidated town and borough.

Sec. 6. Section 22a-134 of the general statutes is repealed and the following is substituted in lieu thereof:

For the purposes of this section and sections 22a-134a to 22a-134d, inclusive:

(1) "Transfer of establishment" means any transaction or proceeding through which an establishment undergoes a change in ownership, but does not mean (A) conveyance or extinguishment of an easement, (B) conveyance of property through a judicial foreclosure, (C) conveyance of a deed in lieu of foreclosure to an institutional lender, including, but not limited to, a banking institution, (D) conveyance of a security interest including, without limitation, a mortgage, (E) renewal of a lease, (F) conveyance, assignment or termination of a lease for a period less than twenty-five years from the date of such conveyance, assignment or termination, including options or extensions of such period, (G) any change in ownership approved by the Probate Court, (H) conveyance of title to a surviving joint tenant, or to a trustee, executor, or administrator under the terms of a testamentary trust or will, or by intestate succession, (I) corporate reorganization not substantially affecting the ownership of the establishment, including, but not limited to, stock dividend distributions or stock distributions in connection with a merger, (J) the original issuance of stock or other securities of an entity which owns or operates an establishment, (K) the transfer of stock, securities or other ownership interests representing less than a majority of the voting power of the entity that owns or operates the establishment, (L) any conveyance of an interest in an establishment where the transferor is the sibling, spouse, child, parent, grandparent, child of a sibling or sibling of a parent of the transferee, (M) any conveyance of a portion of a parcel upon which portion no establishment is or has been located and upon which there has not occurred a discharge, spillage, uncontrolled loss, seepage or filtration of hazardous waste, provided either the area of such portion is not greater than fifty per cent of the area of such parcel or written notice of such proposed conveyance and an environmental condition assessment form for such parcel is provided to the commissioner sixty days prior to such conveyance, (N) conveyance of a service station, as defined in subdivision (5) of this section, (O) any conveyance of a parcel which, prior to July 1, 1997, had been developed solely for residential use and such use has not changed, (P) any conveyance of a parcel to any entity created or operating under chapter 130 or 132, or to an urban rehabilitation agency, as defined in section 8-292, or to a municipality under section [32-225] 32-224, or to the Connecticut Development Authority or any subsidiary of the authority, [or (Q) any conveyance of a parcel to a limited liability company established solely to assemble properties necessary to effectuate the purposes of the Patriots Stadium Enabling Act;] (Q) the conversion of a general or limited partnership to a limited liability company under section 34-199, (R) the transfer of general partnership property held in the names of all of its general partners to a general partnership which includes as general partners immediately after the transfer all of the same persons as were general partners immediately prior to the transfer; and (S) the transfer of general partnership property held in the names of all of its general partners to a limited liability company which includes as members immediately after the transfer all of the same persons as were general partners immediately prior to the transfer;

(2) "Commissioner" means the Commissioner of Environmental Protection or his designated agent;

(3) "Establishment" means any real property at which or any business operation from which (A) on or after November 19, 1980, there was generated, except as the result of remediation [activities] of polluted soil, more than one hundred kilograms of hazardous waste in any one month, (B) hazardous waste generated at a different location by another person or municipality was recycled, reclaimed, reused, stored, handled, treated, transported or disposed of, (C) the process of dry cleaning was conducted on or after May 1, 1967, (D) furniture stripping was conducted on or after May 1, 1967, or (E) a vehicle body repair shop or vehicle painting shop is or was located on or after May 1, 1967;

(4) "Hazardous waste" means any waste which is (A) hazardous waste identified in accordance with Section 3001 of the federal Resource Conservation and Recovery Act of 1976, 42 USC 6901 et seq., (B) hazardous waste identified by regulations adopted by the Commissioner of Environmental Protection, or (C) polychlorinated biphenyls in concentrations greater than fifty parts per million except that sewage, sewage sludge and lead paint abatement wastes shall not be considered to be hazardous waste for the purposes of this section and sections 22a-134a to 22a-134d, inclusive;

(5) "Service station" means a retail operation involving the resale of motor vehicle fuel including, but not limited to, gasoline, diesel fuel and kerosene and which operation does not otherwise meet the definition of an establishment;

(6) "Certifying party" means a person associated with the transfer of an establishment who signs a Form III or Form IV and who agrees to investigate the parcel in accordance with [prevailing standards and guidelines] the standards adopted by the commissioner in regulations adopted in accordance with the provisions of chapter 54 or, until January 1, 2002, or the adoption of such regulations, whichever is sooner, in accordance with prevailing standards and guidelines and to remediate the parcel in accordance with the remediation standards;

(7) "Party associated with the transfer of an establishment" means (A) the owner of the establishment, (B) the transferor, transferee, lender, guarantor or indemnitor, (C) the business entity which operates or operated the establishment, or (D) the state;

(8) "Remediation standards" means regulations adopted by the commissioner pursuant to section 22a-133k;

(9) "Parcel" means piece, parcel or tract of land which constitutes an establishment, as defined in subdivision (3) of this section, or on which is or was located any business operation which constitutes an establishment;

(10) "Form I" means a written declaration by the transferor of an establishment on a form prescribed and provided by the commissioner that no discharge, spillage, uncontrolled loss, seepage or filtration of hazardous waste has occurred at the parcel which declaration is based on an investigation of the parcel in accordance with [prevailing standards and guidelines] the standards adopted by the commissioner in regulations adopted in accordance with the provisions of chapter 54 or, until January 1, 2002, or the adoption of such regulations, whichever is sooner, in accordance with prevailing standards and guidelines;

(11) "Form II" means a written declaration by the transferor of an establishment on a form prescribed and provided by the commissioner that the parcel has been investigated in accordance with the standards adopted by the commissioner in regulations adopted in accordance with the provisions of chapter 54 or, until January 1, 2002, or the adoption of such regulations, whichever is sooner, in accordance with prevailing standards and guidelines and that (A) any discharge, spillage, uncontrolled loss, seepage or filtration of hazardous waste which has occurred at the parcel has been remediated in accordance with the remediation standards and that the remediation has been approved in writing by the commissioner or has been verified pursuant to section 22a-133x or section 22a-134a in a writing attached to such form by a licensed environmental professional to have been performed in accordance with the remediation standards or (B) the commissioner has determined in writing or a licensed environmental professional has verified pursuant to section 22a-133x or section 22a-134a in a writing attached to the form that no remediation is necessary to achieve compliance with the remediation standards;

(12) "Form III" means a written certification signed by a certifying party on a form prescribed and provided by the commissioner, which certification states that (A) a discharge, spillage, uncontrolled loss, seepage or filtration of hazardous waste has occurred at the parcel or the environmental conditions at the parcel are unknown, and (B) that the person signing the certification agrees to investigate the parcel in accordance with [prevailing standards and guidelines] the standards adopted by the commissioner in regulations adopted in accordance with the provisions of chapter 54 or, until January 1, 2002, or the adoption of such regulations, whichever is sooner, in accordance with prevailing standards and guidelines and to remediate the parcel in accordance with the remediation standards;

(13) "Form IV" means a written certification signed by one or more certifying parties on a form prescribed and provided by the commissioner and which is accompanied by a written determination by the commissioner or by a licensed environmental professional pursuant to section 22a-134a or 22a-133x, which certification states and is accompanied by documentation demonstrating that the parcel has been investigated in accordance with the standards adopted by the commissioner in regulations adopted in accordance with the provisions of chapter 54 or, until January 1, 2002, or the adoption of such regulations, whichever is sooner, in accordance with prevailing standards and guidelines and that (A) there has been a discharge, spillage, uncontrolled loss, seepage or filtration of hazardous waste on the parcel, and (B) all actions to remediate the parcel have been taken in accordance with the remediation standards except postremediation monitoring, [or] natural attenuation monitoring or the recording of an environmental land use restriction, and (C) the person or persons signing the certification agree, in accordance with the representations made in the form, to conduct postremediation monitoring or natural attenuation monitoring in accordance with the remediation standards and if further investigation and remediation are necessary based upon the results of such monitoring, to take further action to investigate the parcel in accordance with [prevailing standards and guidelines] the standards adopted by the commissioner in regulations adopted in accordance with the provisions of chapter 54 or, until January 1, 2002, or the adoption of such regulations, whichever is sooner, in accordance with prevailing standards and guidelines and to remediate the parcel in accordance with the remediation standards;

(14) "Person" means person, as defined in section 22a-2;

(15) "Remediate" means to contain, remove or abate pollution, potential sources of pollution and substances in soil or sediment which pose an unacceptable risk to human health or the environment and includes, but is not limited to, the reduction of pollution by natural attenuation;

(16) "Licensed environmental professional" means an environmental professional licensed pursuant to section [22a-133x] 22a-133v;

(17) "Environmental condition assessment form" means a form prescribed and provided by the commissioner and prepared by (A) the certifying party under sections 22a-134 to 22a-134e, inclusive, or (B) the owner of the property under section 22a-133x which form describes the environmental conditions at the parcel;

(18) "Pollution" means pollution, as defined in section 22a-423;

(19) "Verification" means the rendering of a written opinion by a licensed environmental professional that an investigation has been performed in accordance with prevailing standards and guidelines and that the parcel has been remediated in accordance with the remediation standards;

(20) "Vehicle" means an automobile, bus, truck or truck tractor, but does not mean an aircraft, boat, railroad car or engine, or farm tractor.

Sec. 7. Subsection (f) of section 22a-134a of the general statutes is repealed and the following is substituted in lieu thereof:

(f) Within fifteen days of his receipt of a Form III or Form IV, the commissioner shall notify the certifying party whether the form is complete or incomplete. Within forty-five days of his receipt of a complete Form III or IV, the commissioner shall notify the certifying party in writing whether review and approval of the remediation by the commissioner will be required, or whether a licensed environmental professional may verify that the investigation has been performed in accordance with the standards adopted by the commissioner in regulations adopted in accordance with the provisions of chapter 54 or, until January 1, 2002, or the adoption of such regulations, whichever is sooner, in accordance with prevailing standards and guidelines and that the remediation has been performed in accordance with the remediation standards. Any person who submitted a Form III to the commissioner prior to October 1, 1995, for a parcel which is not the subject of an order, consent order or stipulated judgment issued or entered into pursuant to sections 22a-134 to 22a-134e, inclusive, may submit an environmental condition assessment form to the commissioner. The commissioner shall, within forty-five days of receipt of such form, notify the certifying party whether approval of the remediation by the commissioner will be required or whether a licensed environmental professional may verify that the remediation has been performed in accordance with the remediation standards.

Sec. 8. Subsection (m) of section 22a-134a of the general statutes is repealed and the following is substituted in lieu thereof:

(m) Notwithstanding any other provisions of this section, no person shall be required to comply with the provisions of sections 22a-134 to 22a-134e, inclusive, when transferring real property (1) (A) for which a Form I or Form II has been filed on or after October 1, 1995, or (B) for which a [Form II,] Form III or Form IV has been filed and which has been remediated and such remediation has been approved in writing by the commissioner or verified in writing in accordance with this section by a licensed environmental professional [in accordance with the provisions of this section] that an investigation has been performed in accordance with the standards adopted by the commissioner in regulations adopted in accordance with the provisions of chapter 54 or, until January 1, 2002, or the adoption of such regulations, whichever is sooner, in accordance with prevailing standards and guidelines and that the remediation has been performed in accordance with the remediation standards, and (2) at which no activities described in subdivision (3) of section 22a-134 have been conducted since the date of such approval or verification or the date on which the Form I or Form II was filed.

Sec. 9. Subsection (b) of section 22a-134e of the general statutes is repealed and the following is substituted in lieu thereof:

(b) The fee for filing a Form I, as defined in section 22a-134, shall be two hundred dollars. The fee for filing a Form II shall be seven hundred dollars except as provided for in subsections (e) and [(n)] (p) of this section.

Sec. 10. Subsections (o) and (p) of section 22a-134e of the general statutes are repealed and the following is substituted in lieu thereof:

(o) On and after October 1, 1995, except as provided in subsection (p) of this section, the total fee for filing a Form IV shall be as follows: (1) Eleven thousand five hundred dollars if the total cost of remediation is equal to or greater than one million dollars; (2) ten thousand dollars if the total cost of remediation is equal to or greater than five hundred thousand dollars but less than one million dollars; (3) seven thousand dollars if the total cost of remediation is greater than or equal to one hundred thousand dollars but less than five hundred thousand dollars; (4) two thousand two hundred fifty dollars if the total cost of remediation is equal to or greater than fifty thousand dollars but less than one hundred thousand dollars; and (5) two thousand dollars if the total cost of remediation is less than fifty thousand dollars.

(p) Notwithstanding any other provision of this section, the fee for filing a Form II or Form IV for a parcel for which the commissioner has issued a written approval of a remediation under subsection (c) of section [22a-133w] 22a-133x within three years of the date of the filing of the form shall be the total fee for a Form III specified in subsection (n) of this section and shall be due upon the filing of the Form II or Form IV.

Sec. 11. Section 22a-174e of the general statutes is repealed and the following is substituted in lieu thereof:

On or before July 1, 1992, the Commissioner of Environmental Protection shall adopt regulations, in accordance with the provisions of chapter 54, and in consultation with the state fire marshal's office, to require the installation of a stage II gasoline vapor recovery system for all gasoline pumps at any gasoline dispensing facility newly constructed on or after said date which will dispense more than ten thousand gallons of gasoline per month, and at any such existing facility for all gasoline tanks which are replaced on or after said date. Such regulations shall provide for specifications deemed by the commissioner to be necessary to implement such a vapor recovery system at each such facility, and may require, in order to comply with the federal Clean Air Act, that any other gasoline dispensing facility which dispenses more than ten thousand gallons of gasoline per month shall implement such a vapor recovery system. On or after July 1, 1993, the Commissioner of Environmental Protection may amend such regulations to require a stage II gasoline vapor recovery system at any newly constructed fuel dispensing facility which dispenses one thousand gallons or more of gasoline per month or at any existing gasoline dispensing facility for any gasoline tank which is replaced on or after July 1, 1993, where such tank has a capacity of one thousand gallons or more. The Commissioner of Environmental Protection may require, by regulation, that any vapor recovery equipment tested and approved by the California Air Resources Board, either before or after the effective date of such regulation, be required to be installed at any such fuel dispensing facility. Such regulations may require that any installed vapor recovery equipment be annually tested in accordance with functional test methods approved by the state of California Air Resources Board provided such regulations specifically set forth such methods and further provided nothing in this section shall preclude the commissioner from requiring additional testing upon the failure of any source to demonstrate compliance. Notwithstanding any regulation adopted pursuant to this chapter, a person may install a stage II gasoline vapor recovery system which has been tested and approved by the state of California Air Resources Board after November 1, 1992, provided such system utilizes only coaxial hoses.

Sec. 12. Section 22a-98 of the general statutes is repealed and the following is substituted in lieu thereof:

The commissioner shall coordinate the activities of all regulatory programs under his jurisdiction with permitting authority in the coastal area to assure that the administration of such programs is consistent with the goals and policies of this chapter. Such programs include, but are not limited to: (1) Regulation of wetlands and watercourses pursuant to chapter 440; (2) regulation of stream encroachment pursuant to sections 22a-342 to 22a-349, inclusive; (3) regulation of dredging and the erection of structures or the placement of fill in tidal, coastal or navigable waters pursuant to sections 22a-359 to [22a-363] 22a-363f, inclusive; and (4) certification of water quality pursuant to the federal Clean Water Act of 1972 (33 USC 1411, Section 401). The commissioner shall assure consistency with such goals and policies in granting, denying or modifying permits under such programs. Any person seeking a license, permit or other approval of an activity under the requirements of such regulatory programs shall demonstrate that such activity is consistent with all applicable goals and policies in section 22a-92 and that such activity incorporates all reasonable measures mitigating any adverse impacts of such actions on coastal resources and future water-dependent development activities. The coordination of such programs shall include, where feasible, the use of common or combined application forms, the holding of joint hearings on permit applications and the coordination of the timing or sequencing of permit decisions.

Sec. 13. Section 23-5c of the general statutes is repealed and the following is substituted in lieu thereof:

The commissioner shall establish a system of natural area preserves and shall have responsibility for selection, care, control, supervision and management of all natural area preserves within the system to the extent of the interest held by the state, and shall maintain such preserves in as natural and wild a state as is consistent with the preservation and enhancement of protected resources and educational, scientific, biological, geological, paleontological and scenic purposes. In establishing such system, the commissioner shall consider as a priority the acquisition of areas identified as essential habitats of endangered and threatened species pursuant to the program established under section 26-305. The commissioner, alone or in cooperation with individuals or other public bodies, including the federal government, may conduct inventories of areas within the state that may prove worthy of inclusion within a system of natural area preserves, and may gather and disseminate information concerning inventoried areas, or natural area preserves under his control. Information collected in such inventories shall become part of the natural diversity database of the Department of Environmental Protection. The commissioner shall ensure the use of natural area preserves for research consistent with purposes of sections 23-5a to 23-53, inclusive, and 26-314. The commissioner may adopt regulations under the provisions of section 23-4 for managing the natural area preserves system including, but not limited to, procedures for the adoption and revision of a management plan for each designated natural area preserve. A management plan may permit recreational activities which do not adversely impact the protected resources of the natural area preserve. The commissioner may use funds available under section 23-79 for the development and implementation of such management plans.

Sec. 14. Subsection (a) of section 22a-133x of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Except as provided in section 22a-133y a [municipality] political subdivision of the state, an owner of an establishment, as defined in section 22a-134, an owner of property identified on the inventory of hazardous waste disposal sites maintained pursuant to section 22a-133c on October 1, 1995, or an owner of contaminated property located in an area for which the groundwater classification is GA or GAA, may, at any time, submit to the commissioner an environmental condition assessment form for such real property owned by such [municipality] political subdivision or such owner and an initial review fee in accordance with subsection (e) of this section. Within thirty days of his receipt of such form, the commissioner shall notify the owner, in writing, as to whether or not review and written approval of any remedial action at such establishment or property by the commissioner will be required. The commissioner shall not process any such form submitted pursuant to this section unless such form is accompanied by the required initial review fee. [For the purposes of this section, "municipality" means any of the one hundred sixty-nine towns of the state.]

Sec. 15. Subdivision (2) of subsection (e) of section 22a-133u of the general statutes is repealed and the following is substituted in lieu thereof:

(2) Said board shall establish criteria for (A) making disbursements under subsection (b) of this section which criteria shall include, but not be limited to, anticipated commercial value of the property, potential tax revenue to the relevant municipality, environmental or public health risk posed by the spill, potential community or economic development benefit to the relevant municipality, the status of any loans previously made under said subsection to the municipality and potential for restoration of an abandoned property and (B) cancelling loans related to a property at which the borrower of the loan elects not to proceed with remediation. In approving any loan under said subsection to any person, firm or corporation, the board may consider the loan applicant's credit history and economic solvency, any plan of such applicant for business development, municipal support for the proposed use of the property and any existing indebtedness of such applicant to any entity. Upon application for any such loan, the board shall make a recommendation to the Commissioner of Economic and Community Development regarding such loan. On or before February 1, 1997, and annually thereafter, said board and the Commissioner of Economic and Community Development shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to the environment regarding the number and amounts of loans made in the preceding year. On or before February 1, [2000] 2001, the board shall recommend to the joint standing committee of the General Assembly whether the payments to the State Treasurer pursuant to section 12-63f [shall continue in order to provide] are sufficient for the continued solvency of the Special Contaminated Property Remediation and Insurance Fund and whether such payments should continue.

Sec. 16. Subdivision (1) of subsection (c) of section 22a-42a of the general statutes is repealed and the following is substituted in lieu thereof:

(c) (1) On and after the effective date of the municipal regulations promulgated pursuant to subsection (b) of this section, no regulated activity shall be conducted upon any inland wetland or watercourse without a permit. Any person proposing to conduct or cause to be conducted a regulated activity upon an inland wetland or watercourse shall file an application with the inland wetlands agency of the town or towns wherein the wetland or watercourse in question is located. The application shall be in such form and contain such information as the inland wetlands agency may prescribe. The date of receipt of an application shall be the day of the next regularly scheduled meeting of such inland wetlands agency, immediately following the day of submission to such inland wetlands agency or its agent of such application, provided such meeting is no earlier than three business days after receipt, or thirty-five days after such submission, whichever is sooner. The inland wetlands agency shall not hold a public hearing on such application unless the inland wetlands agency determines that the proposed activity may have a significant impact on wetlands or watercourses, a petition signed by at least twenty-five persons requesting a hearing is filed with the agency not later than [fifteen] fourteen days after the date of receipt of such application, or the agency finds that a public hearing regarding such application would be in the public interest. An inland wetlands agency may issue a permit without a public hearing provided no petition provided for in this subsection is filed with the agency [not later than fifteen days] on or before the fourteenth day after the date of receipt of the application. Such hearing shall be held no later than sixty-five days after the receipt of such application. Notice of the hearing shall be published at least twice at intervals of not less than two days, the first not more than fifteen days and not fewer than ten days, and the last not less than two days before the date set for the hearing in a newspaper having a general circulation in each town where the affected wetland or watercourse, or any part thereof, is located. All applications and maps and documents relating thereto shall be open for public inspection. At such hearing any person or persons may appear and be heard. The hearing shall be completed within forty-five days of its commencement. Action shall be taken on such application within thirty-five days after the completion of a public hearing or in the absence of a public hearing within sixty-five days from the date of receipt of such application. The applicant may consent to one or more extensions of the periods specified in this subsection for the holding of the hearing and for action on such application, provided the total extension of any such period shall not be for longer than the original period as specified in this subsection, or may withdraw such application. If the inland wetlands agency, or its agent, fails to act on any application within thirty-five days after the completion of a public hearing or in the absence of a public hearing within sixty-five days from the date of receipt of the application, or within any extension of any such period, the applicant may file such application with the Commissioner of Environmental Protection who shall review and act on such application in accordance with this section. Any costs incurred by the commissioner in reviewing such application for such inland wetlands agency shall be paid by the municipality that established or authorized the agency. Any fees that would have been paid to such municipality if such application had not been filed with the commissioner shall be paid to the state. The failure of the inland wetlands agency or the commissioner to act within any time period specified in this subsection, or any extension thereof, shall not be deemed to constitute approval of the application.

Sec. 17. Subdivision (7) of section 23-65f of the general statutes is repealed and the following is substituted in lieu thereof:

(7) "Forest practice" means any activity which may alter the physical or vegetative characteristics of any forest land which is undertaken in connection with the harvest of commercial forest products unless such harvest is undertaken pursuant to the conversion of forest land to other uses and such conversion has been approved by (A) the planning commission, zoning commission, or combined planning and zoning commission, and [, if applicable,] (B) if the forest land includes any wetland or if the municipality within which the land is located regulates forest practices under section 23-65k, the inland wetlands agency of the municipality. [within which such land is located.]

Sec. 18. Subsection (d) of section 22a-66c of the general statutes is repealed and the following is substituted in lieu thereof:

(d) Any business registered under this section shall display the registration number assigned to it by the commissioner [in any advertisement for the business including, but not limited to,] on the body of any motor vehicle used by it in [a pesticide application job, and shall] the course of business, in any newspaper advertisement for the business, on any billboard advertisement for the business, and in any advertisement for the business placed in the generally circulated telephone directory. Any such business shall further include the number in any written contract it enters into for provision of pesticide application services.

Sec. 19. (NEW) The Department of Public Utility Control may allow electric suppliers, as defined in section 16-1 of the general statutes, to comply with the requirements of section 16-245a of the general statutes up to two years later than otherwise would be required if the department finds that such requirements cannot be reasonably met except that no such finding shall allow compliance later than two years after the date required in said section 16-245a.

Sec. 20. Subsections (c) and (d) of section 22a-133x of the general statutes are repealed and the following is substituted in lieu thereof:

(c) If the commissioner notifies the owner that he will formally review and approve in writing the investigation and remediation of the parcel, the owner shall, on or before thirty days of the receipt of such notice, or such later date as may be approved in writing by the commissioner, submit for the commissioner's review and written approval, a proposed schedule for: (1) Investigating and remediating the parcel or release area; and (2) submitting to the commissioner technical plans, technical reports and progress reports related to such investigation and remediation. Upon the commissioner's approval of such schedule, the owner shall, in accordance with the approved schedule, submit technical plans, technical reports and progress reports to the commissioner for his review and written approval. The owner shall perform all actions identified in the approved technical plans, technical reports and progress reports in accordance with the approved schedule. The commissioner may approve, in writing, any modification proposed in writing by the owner to such schedule or investigation and remediation and may notify the owner, in writing, if he determines that it is appropriate to discontinue formal review and approval of the investigation or remediation.

(d) If, in accordance with the provisions of this section, the commissioner has approved in writing or, as applicable, a licensed environmental professional has verified, that the parcel or release area has been remediated in accordance with the remediation standards, such approval or verification may be used as the basis for submitting a Form II pursuant to sections 22a-134 to 22a-134e, inclusive, provided there has been no additional discharge, spillage, uncontrolled loss, seepage or filtration of hazardous waste at or on the parcel subsequent to the date of the commissioner's approval or verification by a licensed environmental professional.

Sec. 21. Section 22a-134e of the general statutes is amended by adding subsection (q) as follows:

(NEW) (q) The requirements of this section shall not apply to a transfer of property to a municipality under the provisions of section 12-157 of the general statutes.

Sec. 22. Subsection (b) of section 16-50c of the general statutes is repealed and the following is substituted in lieu thereof:

(b) On or before January 1, 1998, and on or before January first of each year thereafter, any private, nonprofit land-holding organization may provide in writing to the Department of Public Utility Control its mailing address and a list of the municipalities in this state in which such organization may own land or any municipality adjacent to such municipalities which address is suitable for the purpose of receiving notice of the sale, lease or other disposition of water company land as provided in this section. On or before February 1, 1998, and on or before February first of each year thereafter, said department shall publish and make available to every water company, as defined in section 16-1, a list setting forth for the Nature Conservancy, the Trust for Public Land, the Land Trust Service Bureau and each private, nonprofit land-holding organization which has provided such information, such organization's mailing address and the municipalities in which such organization may own land and the adjacent municipalities. Such list shall be valid until January thirty-first of the following calendar year. [and] Information contained on such list shall be carried forward on each succeeding year's list unless a change in such information, or the discontinuation of such information on such list, is requested by the entity which submitted it and any changes in, or discontinuation of, information to be incorporated in the following year's list shall be submitted to the Department of Public Utility Control on or before January first for inclusion on the list to be published on February first. Whenever, one hundred twenty days after July 1, 1998, any water company, as defined in section 16-1, owning any contiguous area of real property containing three acres or more, intends to sell, lease or otherwise dispose of such land, or a portion thereof, such company shall, not later than ninety days prior to offering such land for sale or otherwise negotiating with or notifying any other potential purchaser, or any agent of a potential purchaser, (1) notify in writing, by certified mail, return receipt requested, the Department of Public Utility Control, the Commissioner of Public Health, the Commissioner of Environmental Protection, any water company, as defined in section 25-32a, with an existing or potential source of supply or service area in any municipality in which such land is situated, any water company, as defined in said section 25-32a, with an existing or potential source of supply or service area in a contiguous municipality, the chief executive officer or officers of the municipality in which such land is situated, the Nature Conservancy, the Trust for Public Land, the Land Trust Service Bureau and any private, nonprofit land-holding organization set forth on the list published annually by the Department of Public Utility Control pursuant to this section which organization has indicated to the department that it may own land in the municipality in which the land is located or in an adjacent municipality provided such notice shall inform recipients of information pertaining to the acreage and location of the land to be sold, leased, or otherwise disposed of and such notice shall state that additional information, including a map of the property, are available at the company and further provided, for any application submitted to the Department of Public Utility Control for disposition of such land within two years after such ninety-day period, no further notice shall be required, and (2) provide further public notice by causing a notice to be published in a newspaper of general circulation in the municipalities where such water company land is situated not more than forty-five days nor less than thirty days before and not more than thirty days after filing an application for approval with the department of such intention to sell, lease or otherwise dispose of such land. Such public notice shall be published in a display form that shall serve substantially to notify the public of the availability of the property and shall be published in print no smaller than ten-point type size. If a recipient of notice under this subsection enters into a contract to purchase such land, the closing on the sale shall take place not later than twelve months after the contract is entered into unless the period for closing is extended by mutual agreement of the parties to the contract. No agreement to sell, lease or otherwise dispose of such land may be entered into by such water company except as provided in this section. Any private, nonprofit land-holding organization which is considering acquiring the interest in the land which the water company intends to sell, lease or dispose of, must identify itself as a potential acquirer by giving written notice to the Department of Public Utility Control and to the water company by certified mail, return receipt requested, not more than ninety days after the water company files an application for approval. The department shall approve or disapprove the disposition of such property pursuant to subsection (a) of section 16-43 not more than one hundred fifty days after its receipt of an application for such sale, lease or other disposition pursuant to this subsection and failure to take action within such period shall be deemed to constitute approval. The department shall hold a hearing on all such land transactions in which the acquisition cost of the parcels involved or the transfer consideration is in excess of fifty thousand dollars. The hearing shall be held in the municipality where such land is located. If such land is located in more than one municipality the department shall determine in which municipality the hearing shall be held. If the hearing is scheduled for more than one day or continues for more than one day the department may reconvene the hearing at the offices of the department. An application shall not be filed with the department until the Commissioner of Public Health issues a permit pursuant to section 25-32. The municipality in which such land is situated shall be a party to all proceedings before the department involving such land brought pursuant to sections 16-50b to 16-50e.

Sec. 23. Subsection (f) of section 22a-63 of the general statutes is repealed and the following is substituted in lieu thereof:

(f) Any person described in subsection (a) of this section who violates subsection (d) of section 22a-61, subsection (e) of section 22a-61, subsection (a) of section 23-61a or subsection (a) of section 23-61b shall be [fined] assessed a civil penalty in an amount not less than one thousand dollars nor more than two thousand dollars. For any subsequent violation, such [fine] penalty shall be not more than five thousand dollars. The Attorney General, upon complaint of the commissioner, may institute a civil action to recover such penalty in the superior court for the judicial district of Hartford. Any penalties collected under this subsection shall be deposited in the Environmental Quality Fund established under section 22a-27g and shall be used by the commissioner to carry out the purposes of this section.

Sec. 24. Subsection (c) of section 26-142a of the general statutes is repealed and the following is substituted in lieu thereof:

(c) The fee for the following fishing licenses and registrations and for a commercial fishing vessel permit shall be: (1) For a license to take blue crabs for commercial purposes, fifty dollars; (2) for a license to take lobsters for personal use, but not for sale, (A) by the use of not more than ten lobster pots, traps or similar devices provided finfish may be taken incidentally during such use if taken in accordance with recreational fishery creel limits adopted under section 26-159a and if taken for personal use and not for sale, or (B) by skin diving, scuba diving or by hand, fifty dollars; (3) for a license to take lobsters, crabs other than blue crabs, squid, sea scallops and finfish, for personal use or for sale, by the use of more than ten lobster pots or similar devices, or by the use of any otter trawl, balloon trawl, beam trawl, sea scallop dredge or similar device, one hundred fifty dollars for residents of this state and two hundred twenty-five dollars for nonresidents, provided any such license issued to residents of states which do not issue commercial licenses conferring the same authority to take lobsters to residents of Connecticut shall be limited to the taking of crabs other than blue crabs, squid, sea scallops and finfish by the use of any otter trawl, balloon trawl, beam trawl, sea scallop dredge or similar device, and a nonresident shall not be issued such license if the laws of his state of residency concerning the taking of lobster are less restrictive than regulations adopted under the authority of section 26-157c; (4) for a license to set, tend or assist in setting or tending gill nets, seines, scap or scoop nets used to take shad, one hundred dollars; (5) for the registration of each pound net or similar device used to take finfish, one hundred dollars, provided persons setting, operating, tending or assisting in setting, operating or tending such pound nets shall not be required to be licensed; (6) for a license to set or tend gill nets, to tend or assist in setting or tending seines, traps, fish pots, cast nets, fykes, scaps, scoops, eel pots or similar devices to take finfish other than shad or bait species for commercial purposes, or, in any waters seaward of the inland district demarcation line, to take finfish other than shad or bait species for commercial purposes by hook and line, or to take horseshoe crabs by hand, fifty dollars for residents of this state and one hundred dollars for nonresidents, and any such license obtained for the taking of any fish species for commercial purposes by hook and line, which species is regulated by a creel limit adopted under the authority of section 26-159a, one hundred dollars for residents of this state and two hundred dollars for nonresidents; (7) for a license to set, tend or assist in setting, operating or tending seines, traps, scaps, scoops, weirs or similar devices to take bait species in the inland district for commercial purposes, twenty dollars; (8) for a license to set, tend or assist in setting, operating or tending seines, traps, scaps, scoops or similar devices to take bait species in the marine district for commercial purposes, twenty dollars; (9) for the registration of any boat or vessel, except a tender, engaged in using a purse seine or similar device to take menhaden, fifty dollars for residents of this state and seven hundred fifty dollars for nonresidents; (10) for a license to buy finfish, lobsters, crabs, including blue crabs, sea scallops, squid or bait species for resale from any commercial fisherman licensed to take or land such species for commercial purposes, regardless where taken, twenty-five dollars; (11) for the registration of any party boat, head boat or charter boat used for fishing, twenty-five dollars; (12) for a license to land finfish, lobsters, crabs, including blue crabs, sea scallops, squid or bait species, two hundred twenty-five dollars; (13) for a commercial fishing vessel permit, fifty dollars; (14) for a license to take menhaden from marine waters for personal use, but not for sale, by the use of a single gill net not more than sixty feet in length, fifty dollars.

Sec. 25. Section 23-65j of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The Commissioner of Environmental Protection may adopt regulations, in accordance with the provisions of chapter 54, governing the conduct of forest practices including, but not limited to, the harvest of commercial forest products and other such matters as the commissioner deems necessary to carry out the provisions of sections 23-65f to 23-65o, inclusive. Notice of intent to adopt such regulations shall be sent by certified mail, return receipt requested, to the chief elected official of each municipality concurrent with publication in the Connecticut Law Journal. Such regulations shall provide for a comprehensive state-wide system of laws and forest practices regulations which will achieve the following purposes and policies: (1) Afford protection to and improvement of air and water quality; (2) afford protection to forests from fire, insects, disease and other damaging agents; (3) afford protection to and promote the recovery of threatened and endangered species regulated pursuant to chapter 495; (4) encourage the harvesting of forest products in ways which result in no net loss of site productivity and which respect aesthetic values; (5) assure that forest practices are conducted in a safe manner; (6) provide a continuing supply of forest products from a healthy, vigorous forest resource; (7) promote the sound, professionally guided, long-term management of forested lands and forest resources, considering both the goals of ownership held by the forest owner and the public interest; (8) encourage the retention of healthy forest vegetation whenever possible as forested lands are converted to nonforest uses or developed for recreational, residential or industrial purposes; (9) provide the Commissioner of Environmental Protection with essential data on pressures and influences on forest resources, state-wide and on the rate of loss of forested lands. Prior to adopting such regulations, the commissioner shall prepare a report assessing the costs to the regulated entities, the benefits to the state and the environmental impacts of adopting such regulations. Such regulations may include, but not be limited to: (A) Minimum standards for forest practices; (B) establishment of a process by which harvests of commercial forest products from lands other than state-owned lands managed by the department shall be authorized; and (C) necessary administrative provisions.

(b) The commissioner may by regulation prescribe fees for the authorization of harvests of commercial forest products from lands other than state-owned lands managed by the department. The fees collected in accordance with this section shall be deposited directly in the Environmental Conservation Fund established pursuant to section 22a-27h.

Sec. 26. On or before December 1, 1999, the Commissioner of Environmental Protection shall publish in the Connecticut Law Journal notice of intent to adopt the regulations required under section 22a-6b of the general statutes not later than March 1, 2000, or shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to the environment explaining why such regulations cannot or should not be adopted.

Sec. 27. On or before January 1, 2000, the Commissioner of Environmental Protection shall review the file management practices in the Department of Environmental Protection related to enforcement cases and shall develop a comprehensive file management system that ensures that case files contain any and all documents important for decision-making by the agency in a particular case and any documents required by department policy. Such system shall provide for maintenance of files in a consistent manner and in an accessible format and shall further provide for periodic review of case files by department management not less than once annually to monitor implementation of the system. The department shall lease or purchase and install an information technology system which provides for a case file database to be shared among all bureaus of the department. Training shall be provided to any relevant personnel in the use of such system and ongoing training shall be provided as needed for changes or updates to such system and for new employees. The commissioner shall annually report to the joint standing committee of the General Assembly having cognizance of matters relating to the environment regarding such training and any upgrade requirements.

Sec. 28. Section 22a-6t of the general statutes is repealed and the following is substituted in lieu thereof:

On or before February first of each year, the Commissioner of Environmental Protection shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to the environment regarding (1) the extent of compliance with the environmental protection laws of this state by persons holding permits issued under this title, (2) the enforcement actions taken by the commissioner in the preceding calendar year, (3) the timeliness of enforcement actions in the preceding year compared to standards established by department policy, (4) any exceptions or variances to department policy related to enforcement actions in the preceding year, including, but not limited to, the number of such exceptions or variances and a brief description of each such occurrence, (5) the effectiveness of environmental compliance assistance programs and [(4)] (6) an evaluation of the environmental performance of entities regulated under this title by said commissioner.

Sec. 29. (NEW) There is established within the Department of Environmental Protection the Office of Enforcement Policy and Coordination. Such office shall coordinate policy regarding enforcement of environmental protection laws, oversee enforcement practices, promote multimedia enforcement practices and serve as a liaison to the United States Environmental Protection Agency on matters relating to enforcement programs. On or before February 1, 2000, the commissioner shall report to the joint standing committee of the General Assembly having cognizance of matters relating to the environment regarding the activities of said office, actions the office has undertaken to coordinate policy and any recommendations the office has made regarding how such coordination should be achieved in the future.

Sec. 30. Subdivision (1) of section 22a-115 of the general statutes is repealed and the following is substituted in lieu thereof:

(1) "Hazardous waste" means any waste material [, except by-product material, source material or special nuclear material, as defined in section 22a-151,] which may pose a present or potential hazard to human health or the environment when improperly disposed of, treated, stored, transported, or otherwise managed, including (A) hazardous waste identified in accordance with Section 3001 of the federal Resource Conservation and Recovery Act of 1976 (42 USC 6901 et seq.), (B) hazardous waste identified by regulation by the Department of Environmental Protection, and (C) polychlorinated biphenyls in concentrations greater than fifty parts per million, but does not mean by-product material, source material or special nuclear material, as defined in section 22a-151, or scrap tires.

Sec. 31. Section 7-137c of the general statutes is repealed and the following is substituted in lieu thereof:

Any municipality may appropriate funds to extend or cause to have extended water mains [(a)] (1) into areas to be used for industrial or commercial purposes or partly for industrial or commercial purposes and partly for residential purposes, or [(b)] (2) into residential areas or into areas zoned for residential use. Notwithstanding the provisions of any special act, [each owner of property which abuts such main shall reimburse the municipality his proportionate share, at such time and by such rule as the municipality by ordinance determines, except that whenever] the municipality may pay the cost of such extension or may require each owner of property which abuts any such main to reimburse the municipality such owner's proportionate share of the cost of such extension at such time and by such rule as the municipality by ordinance determines. Whenever the municipality and the Commissioner of Environmental Protection may concur in determining the need for such extension in response to a community pollution problem as defined by section 22a-423 or in response to a bacterial contamination problem, the municipality may waive any such reimbursement to the municipality. [, and provided, in] In the case of land zoned for other than commercial or industrial purposes or classified, pursuant to sections 12-107a to 12-107e, inclusive, as farm land, forest land or open space land, on the last-completed grand list of the municipality in which such land is located, which exceeds by more than one hundred per cent the size of the smallest lot permitted in the lowest density residential zone allowed under zoning regulations, or in the case of a town having no zoning regulations, a lot size of one acre in area and one hundred fifty feet in frontage, assessment of such excess land shall be deferred until such time as such excess land shall be built upon or a building permit issued therefor or until approval of a subdivision plan of such excess property by the planning commission having jurisdiction, whichever event occurs first, at which time assessment may be made as herein provided. The municipality shall place a caveat on the land records in each instance where an assessment is deferred. Such share shall represent a reasonable proportion of the total cost of such water mains, including materials, installation, pumping stations, service connections, curb, sidewalk and highway repairs and the cost of installation of gate-valves or shutoffs, if any; except that if residential or agricultural property or property zoned for residential or agricultural use abuts lines of construction of water mains to be used for industrial or commercial purposes or partly for industrial or commercial purposes, and such property is not being used for such purposes, the proportionate share of the owners of such property shall be computed on a front-foot or other equitable basis for a standard or minimum size main. Such shares shall be proportioned in such a way as to ultimately leave the municipality free of any of the cost of the extension of the water main and expenses incidental thereto except where any portion of such water service is to be used for a municipal purpose in which instance the municipality shall contribute a fair proportion of the expense representing such proportionate municipal share. Within sixty days of an assessment under this section, the owner of any property so assessed may appeal to the superior court for the judicial district within which such land is situated from the valuation of his assessment, by service of process made in accordance with the provisions of section 52-67. Such appeal shall be a privileged case and shall not stay any proceeding under this section. The court shall have the power to grant such relief as to justice and equity appertains, upon such terms and in such manner and form as appears equitable.

Sec. 32. The Commissioner of Administrative Services shall review the provisions of title 4a of the general statutes regarding purchasing requirements, specifications or preferences which are intended to facilitate environmental protection or natural resource conservation, including, but not limited to, the provisions of sections 4a-57, 4a-59 and 4a-67a to 4a-67f, inclusive, of the general statutes. On or before February 1, 2000, said commissioner shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to the environment regarding (1) the actions taken by the department in carrying out such provisions, and (2) recommendations regarding any legislative or regulatory changes which might better carry out the purposes of such provisions or which might facilitate the administration of a more consistent program.

Sec. 33. This act shall take effect from its passage, except that sections 12 and 13 shall take effect July 1, 1999, and sections 1 to 11, inclusive, shall take effect October 1, 1999.

Approved June 29, 1999

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