Compare versions

--- version:Public Act No. 26-129
+++ version:(document, no version)
@@ -1,404 +1,30 @@
-Substitute House Bill No. 5521
+Researcher: SL Page 1 4/7/26
 
-Public Act No. 26-129
+OLR Bill Analysis
+sHB 5521
 
-AN ACT CONCERNING STERILE CULTIVARS, APPLICATION
-REQUIREMENTS FOR THE USE OF CERTAIN MATERIALS AS FILL
-AND THE REVISION OF CERTAIN HOUSING-RELATED STATUTES.
-Be it enacted by the Senate and House of Representatives in General
-Assembly convened:
+AN ACT CONCERNING STERILE CULTIVARS.
 
-Section 1. (NEW) (Effective from passage) On or before January 15, 2027,
-the Connecticut Agricultural Experiment Station shall submit a 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 the environment on the safety of the
-use and planting, import, transport, sale and purchase of sterile
-cultivars and the distribution of Japanese barberry in this state. In
-undertaking the considerations required by this section, the Connecticut
-Agricultural Experiment Station shall provide for a public comment
-period. Such report may include, but shall not be limited to, any
-recommendations concerning such cultivars and Japanese barberry,
-including any legislative recommendations.
-Sec. 2. Subsection (c) of section 22a -209f of the general statutes is
-repealed and the following is substituted in lieu thereof ( Effective from
-passage):
-(c) (1) For purposes of this subsection: (A) "Beneficially reclaimed
-Substitute House Bill No. 5521
-
-Public Act No. 26-129 2 of 13
-
-materials" means any of the following materials that may contain de
-minimis amounts of solid waste that is present incidentally in such
-materials, including any mixture of the following materials:
-(i) Soil or dewatered sediment that does not exceed the criteria
-established by regulations adopted pursuant to section 22a -133k,
-including, but not limited to, criteria for any additional polluting
-substances for which criteria are not specified in such regulations;
-(ii) Asphalt, brick, concrete or ceramic material, provided such
-material is virtually inert and poses no threat to pollute any
-groundwater or surface waters;
-(iii) Casting sand;
-(iv) Crushed recycled glass; or
-(v) Street sweepings or catch basin clean-out materials.
-"Beneficially reclaimed materials" does not include materials that
-contain any asbestos, polychlorinated biphenyls, persistent
-bioaccumulative toxins, hazardous waste or, unless approved by the
-commissioner in writing, pyrrhotite-containing concrete;
-(B) "Soil" means unconsolidated geologic material overlying bedrock;
-(C) "Dewatered sediment" means unconsolidated material occurring
-in a surface water body, with water removed;
-(D) "Casting sand" means waste sand from the casting of metals,
-provided such sand is not hazardous waste;
-(E) "Crushed recycled glass" has the same meaning as provided in
-section 22a-208z;
-(F) "Hazardous waste" has the same meaning as provided in section
-Substitute House Bill No. 5521
-
-Public Act No. 26-129 3 of 13
-
-22a-448;
-(G) "Persistent bioaccumulative toxins" means long -lived chemicals
-that accumulate in the tissues of humans and that are toxic; and
-(H) "Aquifer protection area" has the same meaning as provided in
-section 22a-354h.
-(2) (A) The Commissioner of Energy and Environmental Protection
-may establish a pilot program for the beneficial use of beneficially
-reclaimed materials. The primary purpose of such program shall be to
-allow beneficially reclaimed materials to be used as fill when there is an
-engineering need for fill materials and to facilitate the reclamation or
-redevelopment of environmentally impaired or underutilized land.
-(B) To implement the pilot program established pursuant to this
-subsection, the commissioner may issue no more than four
-authorizations, provided: (i) Such authorization does not allow an
-activity for which an individual or general permit has been issued; (ii)
-such authorization is not inconsistent with the requirements of the
-federal Resource Conservation and Recovery Act, 42 USC 6901 et seq.;
-(iii) such authorization is for single locations only and provides for not
-less than one hundred thousand cubic ya rds of beneficially reclaimed
-materials to be used as fill at such location; [(iv) that prior to the
-submission of an application for authorization in accordance with this
-subsection, each municipality in which beneficially reclaimed materials
-will be used as fill has issued all the necessary approvals specified in
-subdivision (4) of this subsection;] and [(v)] (iv) the commissioner finds
-that the beneficial use of beneficially reclaimed materials does not harm
-or present a threat to human health, safety or the environment.
-(3) The commissioner may establish guidelines protective of public
-health, safety and the environment for such authorizations and for a
-letter of credit provided in accordance with this subsection and shall
-Substitute House Bill No. 5521
-
-Public Act No. 26-129 4 of 13
-
-give public notice on the Department of Energy and Environmental
-Protection's Internet web site of such guidelines, or any subsequent
-revision of such guidelines, with an opportunity for submission of
-written comments by interested persons for a period of thirty days
-following the publication of such notice. The commissioner shall post a
-response to any comments received on the Department of Energy and
-Environmental Protection's Internet web site. At a minimum, any such
-guidelines shall contain a preference  for use of environmentally
-impaired or underutilized locations, provided that any location for
-which an authorization is issued under this subsection shall:
-(A) Be in an area (i) where the quality of the groundwaters of the
-state, as classified in regulations adopted pursuant to section 22a -426,
-and the classification maps adopted pursuant to said section, is either
-"GB" or "GC", and (ii) that is served by a public drinking water supply;
-(B) Not be in an aquifer protection area; and
-(C) Be operated in compliance with sections 22a -426-1 to 22a -426-9,
-inclusive, of the regulations of Connecticut state agencies and not
-adversely affect sensitive receptors or resources, including, but not
-limited to, public or private water supply wells, wetl ands, floodplains,
-or threatened or endangered species.
-(4) [Prior to the ] The submission of an application for authorization
-in accordance with this subsection  [, an applicant] shall [:(A) Obtain a]
-require the applicant to either (A) submit, or (B) indicate when such
-applicant reasonably estimates that it will have: (i) A valid certificate of
-zoning approval, special permit, special exception or variance, or other
-documentation, from each municipality in which beneficially reclaimed
-materials will be used as fill; [(B) obtain a copy of ] and (ii) a wetlands,
-aquifer protection, coastal site plan and  any other required approval
-from each municipality. [; and (C) comply ] Any such application shall
-additionally include proof of compliance  with the process specified in
-Substitute House Bill No. 5521
-
-Public Act No. 26-129 5 of 13
-
-subsection (b) of section 22a -20a, regardless of whether the location
-where beneficially reclaimed materials will be used as fill is located in
-an environmental justice community. [;]
-(5) An application for authorization pursuant to this subsection shall
-be submitted on forms prescribed by the commissioner and shall
-include, at a minimum, the following information: (A) A plan for
-ensuring that only beneficially reclaimed materials that sati sfy the
-requirements of this subsection are used as fill and a description of
-acceptability criteria for the beneficially reclaimed materials proposed
-for beneficial use at the subject location; (B) a plan describing the process
-for placing and recording t he placement of beneficially reclaimed
-materials; (C) a plan for monitoring the waters of the state during the
-filling process and for a period of not less than thirty years after filling
-is complete; (D) a proposed letter of credit that conforms to the
-guidelines established by the commissioner pursuant to subdivision (3)
-of this subsection and the basis for the cost estimate used in such
-proposed letter of credit; (E) the qualifications of the environmental
-professionals intended to exercise oversight of all aspects of the
-proposed activities; (F) a redevelopment plan for the location where
-beneficially reclaimed materials will be placed, including engineering
-plans and drawings in support of such redevelopment; (G) a list of each
-municipal approval required for the proposed placement of beneficially
-reclaimed materials and a written copy of each such approval or a
-reasonable estimate of when such approval will be obtained, as
-applicable; and (H)  any additional information required by the
-commissioner. Any such application shall be accompanied by a
-nonrefundable application fee of twenty-five thousand dollars.
-(6) Notwithstanding section 22a -208a or any regulations adopted
-pursuant to section 22a-209, the issuance of an authorization under this
-subsection, or a modification of an authorization under this subsection
-when such modification is sought by the holder of a n authorization,
-Substitute House Bill No. 5521
-
-Public Act No. 26-129 6 of 13
-
-shall conform to the following procedures: (A) The Commissioner of
-Energy and Environmental Protection shall publish a notice of intent to
-issue an authorization on the Department of Energy and Environmental
-Protection's Internet web site. Such notice shall, at a minimum, include:
-(i) The name and mailing address of the applicant and the address of the
-location of the proposed activity; (ii) the application number; (iii) the
-tentative decision regarding the application; (iv) the type of
-authorization sought, including a reference to the applicable provision
-of the general statutes or regulations of Connecticut state agencies; (v) a
-description of the location of the proposed activity and any natural
-resources that will be affected by such activity; (vi) the name, address
-and telephone number of any agent of the applicant from whom
-interested persons may obtain copies of the application; (vii) the length
-of time available for submission of public comments to the
-commissioner; and (viii) any other additional in formation the
-commissioner deems necessary. There shall be a comment period of
-thirty days following the publication of such notice by the commissioner
-during which interested persons may submit written comments to the
-commissioner; (B) the commissioner sh all post a response to any
-comments received on the Department of Energy and Environmental
-Protection's Internet web site; and (C) the commissioner may approve
-or deny such authorization based upon a review of the submitted
-information. Any authorization issued pursuant to this subsection shall
-define clearly the activity covered by such authorization and may
-include such conditions or requirements as the commissioner deems
-appropriate, including, but not limited to, investigation or remediation
-of a locati on prior to placement of beneficially reclaimed materials,
-operation and maintenance requirements, best management practices,
-qualifications and requirements for environmental professional
-exercising oversight, groundwater monitoring, compliance with fill
-management, closure, redevelopment or other plans, reporting and
-recordkeeping requirements, auditing by an independent party and a
-specified term. The commissioner shall require the posting of a letter of
-Substitute House Bill No. 5521
-
-Public Act No. 26-129 7 of 13
-
-credit to assure compliance with any authorization issued under this
-subsection, including, but not limited to, implementation of a closure
-plan and post-closure maintenance and monitoring.
-(7) The commissioner may suspend or revoke any such authorization
-and may modify an authorization if such modification is not sought by
-the holder of an authorization, in accordance with the provisions of
-section 4 -182 and the applicable rules of practice adop ted by the
-department.
-(8) Unless required by the federal Clean Water Act, a discharge
-permit under section 22a -430 shall not be required for a discharge
-authorized under this subsection. In addition, the soil reuse provisions
-of the state remediation standards, adopted pursuant to section 22a -
-133k, shall not apply to an activity authorized under this subsection.
-Sec. 3. Subsection (d) of section 8 -3n of the 2026 supplement to the
-general statutes is repealed and the following is substituted in lieu
-thereof (Effective October 1, 2026):
-(d) Notwithstanding the provisions of this section, any municipality,
-as defined in section 7-148, may adopt not more than two conservation
-and traffic mitigation districts in which the municipality may require a
-minimum number of off -street motor vehicle park ing spaces for a
-residential development that contains [fewer than sixteen ] sixteen or
-fewer dwelling units, provided (1) no such district shall be larger than
-four per cent of a municipality's land area, (2) a municipality shall
-submit a property desc ription of any such district adopted by the
-municipality to the Secretary of the Office of Policy and Management
-upon the adoption of such district, (3) any such zones may be
-contiguous, and (4) the municipality shall allow the proposed developer
-of such d evelopment to submit to the zoning enforcement officer,
-planning commission, zoning commission or combined planning and
-zoning commission a parking needs assessment that conforms with the
-Substitute House Bill No. 5521
-
-Public Act No. 26-129 8 of 13
-
-requirements of subsection (c) of this section. If a parking needs
-assessment is submitted pursuant to subdivision (4) of this subsection,
-such officer or commission shall condition the approval of such
-development on the construction of off -street parking  spaces not
-exceeding one such space for each studio or one-bedroom dwelling and
-two such spaces for each dwelling unit with two or more bedrooms, or
-the number of such spaces recommended for the development by the
-parking needs assessment submitted pursua nt to this section,
-whichever results in the least required number of off -street parking
-spaces.
-Sec. 4. Section 2 -139 of the general statutes is repealed and the
-following is substituted in lieu thereof (Effective from passage):
-(a) There is established the majority leaders' roundtable group on
-affordable housing. The group shall study (1) existing affordable
-housing policies, programs and initiatives in the state, (2) the potential
-conversion of state properties into affordable housing developments, (3)
-successful models and best practices from other states or regions to
-inform potential policy recommendations, (4) the potential conversion
-of commercial properties such as hotels, malls and office buildings into
-residential buildings, and (5) any other topics related to the promotion
-and development of affordable housing in the state.
-(b) The roundtable group shall consist of the following members:
-(1) The cochairpersons and ranking members of the joint standing
-committees of the General Assembly having cognizance of matters
-relating to housing and planning and development;
-(2) The majority leader of the Senate;
-(3) The majority leader of the House of Representatives;
-(4) Three appointed by the majority leader of the House of
-Substitute House Bill No. 5521
-
-Public Act No. 26-129 9 of 13
-
-Representatives, one of whom has expertise in public housing, one of
-whom represents a regional council of governments, and one of whom
-represents a business advocacy organization or regional chamber of
-commerce;
-(5) Three appointed by the majority leader of the Senate, one of whom
-has expertise in regional planning, one of whom has expertise in local
-planning and zoning, and one of whom has expertise in housing
-development;
-(6) The Commissioner of Administrative Services, or the
-commissioner's designee;
-(7) The Commissioner of Housing, or the commissioner's designee;
-(8) The Commissioner of Economic and Community Development,
-or the commissioner's designee;
-(9) The Commissioner of Transportation, or the commissioner's
-designee;
-(10) The Responsible Growth Coordinator, or the coordinator's
-designee;
-(11) The executive director of the Connecticut Housing Finance
-Authority, or the executive director's designee;
-(12) A representative of the Connecticut Conference of
-Municipalities; and
-(13) A representative of the Connecticut Council of Small Towns.
-(c) Any member of the roundtable group appointed under
-subdivision (1), (2), (3) or (4) of subsection (b) of this section may be a
-member of the General Assembly.
-Substitute House Bill No. 5521
-
-Public Act No. 26-129 10 of 13
-
-(d) All initial appointments to the roundtable group shall be made
-not later than thirty days after the effective date of this section. Any
-vacancy shall be filled by the appointing authority.
-(e) The majority leader of the Senate and the majority leader of the
-House of Representatives shall be the chairpersons for the roundtable
-group. The chairpersons shall schedule the first meeting of the
-roundtable group, which shall be held not later than sixty days after the
-effective date of this section.
-(f) The administrative staff of the joint standing committee of the
-General Assembly having cognizance of matters relating to housing
-shall serve as administrative staff of the roundtable group.
-(g) Not later than January 1, 2024, and annually on January first
-thereafter until January 1, 2026 , the roundtable group shall submit a
-report on its findings and recommendations to the joint standing
-committee of the General Assembly having cognizance of matters
-relating to housing, in accordance with the provisions of section 11 -4a.
-The roundtable group shall terminate on June 30, 2026.
-Sec. 5. Section 8-13ii of the 2026 supplement to the general statutes is
-repealed and the following is substituted in lieu thereof (Effective July 1,
-2026):
-(a) There is established a Council on Housing Development to advise
-and assist the State Responsible Growth Coordinator in reviewing
-regulations, developing guidelines and establishing programs
-concerning the growth of housing in the state, and to approve or modify
-any municipal housing growth plan or regional housing growth plan if
-the Secretary of the Office of Policy and Management has not acted on
-such plan in the time provided in section 8-13bb, or 8-13cc, as applicable.
-(b) The council shall consist of the following regular members: (1) The
-Governor, or the Governor's designee; (2) the State Responsible Growth
-Substitute House Bill No. 5521
-
-Public Act No. 26-129 11 of 13
-
-Coordinator; (3) the Secretary of the Office of Policy and Management,
-or the secretary's designee; (4) the Commissioner of Housing, or the
-commissioner's designee; (5) the Commissioner of Energy and
-Environmental Protection, or the commissioner's designee ; (6) the
-Commissioner of Economic and Community Development, or the
-commissioner's designee; (7) the Commissioner of Transportation, or
-the commissioner's designee; (8) the executive director of the
-Connecticut Housing Finance Authority, or the executive director's
-designee; (9) the executive director of the Connecticut Municipal
-Development Authority, or the executive director's designee; (10) the
-president pro tempore of the Senate, or the president's designee; (11) the
-majority leader of the Senate, or the majority leader's designee; (12) the
-speaker of the House of Representatives, or the speaker's designee; (13)
-the majority leader of House of Representatives, or the majority leader's
-designee; (14) the minority leader of the Senate, or the minority leader's
-designee; (15) the minority leader of the House of Representatives, or
-the minority leader's designee; (16) one individual appointed by the
-[chairperson of the majority leaders' roundtable group on affordable
-housing from the Senate] president pro tempore of the Senate; and (17)
-one individual appointed by the [chairperson of the majority leaders'
-roundtable group on affordable housing from the House of
-Representatives] speaker of the House of Representatives.
-(c) The chairpersons of the council shall be (1) the president pro
-tempore of the Senate, or the president's designee, and (2) the speaker
-of the House of Representatives, or the speaker's designee.
-(d) The administrative staff of the Connecticut Municipal
-Development Authority shall serve as the administrative staff of the
-council.
-(e) The council shall convene not later than January 1, 2026, and meet
-not less than once every six months thereafter, and more often upon the
-call of a chairperson, to:
-Substitute House Bill No. 5521
-
-Public Act No. 26-129 12 of 13
-
-(1) Review and evaluate the plans, programs, regulations and policies
-of state or quasi-public agencies for opportunities to combine efforts and
-resources of such agencies to increase housing development;
-(2) Develop consistent reporting methods concerning data and
-documentation related to housing development;
-(3) Provide a forum to develop approaches to housing growth that
-balance both needs for conservation and development, including the
-need for additional housing and economic growth, the protection of
-natural resources and the maintenance and support for existin g
-infrastructure;
-(4) Review existing discretionary grant programs to make
-recommendations to state or quasi -public agencies concerning the
-adherence of such programs with the goals established in the state plan
-of conservation and development adopted under chapter 297. Such
-recommendations shall include, but need not be limited to, methods to
-increase the development of deed-restricted housing in transit-oriented
-districts and middle housing, as defined in section 8-1a;
-(5) Develop guidelines, in consultation with the Secretary of the
-Office of Policy and Management and consistent with the requirements
-of subsection (j) of section 8 -13hh, concerning the adoption and
-development of transit -oriented districts within qualifying transit-
-oriented communities; and
-(6) Review applications for grants -in-aid under the housing growth
-program established pursuant to section 8 -13jj, including any
-supporting materials submitted by an applicant in connection with such
-application, that have been submitted by the secretary to th e council
-pursuant to section 8-13jj.
-(f) Not later than January 1, 2027, the council shall submit a report, in
-accordance with the provisions of section 11 -4a, to the joint standing
-Substitute House Bill No. 5521
-
-Public Act No. 26-129 13 of 13
-
-committees of the General Assembly having cognizance of matters
-relating to planning and development and housing, concerning the
-recommendations and guidelines developed by the council pursuant to
-subdivisions (4) and (5) of subsection (e) of this section or any other
-recommendations of the council. The coordinator sha ll publish such
-recommendations and guidelines on the Internet web site of the Office
-of Policy and Management.
-
-Governor's Action:
-Approved June 4, 2026
+SUMMARY
+This bill allows the sale and distribution of sterile cultivars (plants
+specifically bred or engin eered to produce few or no viable seeds)  of
+species that are otherwise prohibited if the Department of Energy and
+Environmental Protection (DEEP) commissioner, in consultation with
+the Connecticut Agriculture Experiment Station director, determines
+the cultivar is incapable of reproducing or spreading under
+Connecticut’s typical enviro nmental conditions.  The bill allows the
+commissioner to (1) set standards for determining sterility and (2)
+revoke approval if she determines a cultivar is an ecological risk.
+EFFECTIVE DATE: Upon passage
+BACKGROUND
+Invasive Plants
+By law, Connecticut bans the import, sale, and cultivation of several
+invasive plant species to protect native ecosystems  (CGS § 22a -381d).
+The state’s Invasive Plants Council, among other things, publishes a list
+of invasive or potentially invasive plants, researches and makes
+recommendations on the control of invasive plants, and educates the
+public on related issues (CGS § 22a-381a).
+COMMITTEE ACTION
+Environment Committee
+Joint Favorable Substitute
+Yea 20 Nay 14 (03/18/2026)