Sec. 7-131e. Decisions of commissioner re grants. Administrative expenses. Review board. Report. Account.
Sec. 7-131e. Decisions of commissioner re grants. Administrative expenses.
Review board. Report. Account. (a) Grant award decisions under the protected open
space and watershed land acquisition grant program established under section 7-131d
or under the Charter Oak open space grant program established under section 7-131t
shall be made by the Commissioner of Environmental Protection at least semiannually.
All complete and eligible grant applications shall be acted upon by the commissioner
as soon as practicable. A single project may receive a grant in more than one grant cycle,
subject to future availability of funds and subject to the limitations set forth in this section
and sections 23-78, 12-498 and 7-131d. Up to five per cent of the grant funds may be
used for administrative expenses including, but not limited to: (1) Contractors to assist
the Department of Environmental Protection in the review and evaluation of grant proposals and baseline data collection for conservation easements; (2) appraisals or appraisal reviews; and (3) preparation of legal and other documents. Administrative expenses may not be used for staff salaries. Not later than September 1, 1998, for the
protected open space and watershed land acquisition grant program established under
section 7-131d, and not later than September 1, 2000, for the Charter Oak open space
grant program account established under section 7-131t, the commissioner shall develop
written guidelines and a ranking system for consistency and equity in the distribution
of grant awards under the protected open space and watershed land acquisition grant
program established under section 7-131d or under the Charter Oak open space grant
program account established under section 7-131t based on the criteria listed in subsections (b) and (c) of section 7-131d. Consistent with such criteria, additional consideration
shall be given to: (A) Protection of lands adjacent to and complementary to adjacent
protected open space land or class I or class II water company lands; (B) equitable
geographic distribution of the grants; (C) proximity of a property to urban areas with
growth and development pressures or to areas with open space deficiencies and underserved populations; (D) protection of land particularly vulnerable to development
incompatible with its natural resource values including the protection of a public water
supply source; (E) consistency with the state's plan of conservation and development;
(F) multiple protection elements, such as water quality and supply protection, scenic
preservation and farmland preservation; (G) the extent to which the presence of already
constructed buildings or other manmade improvements diminish or overshadow the
natural resource value of a proposed acquisition, or its value relative to its cost; and
(H) preservation of forest lands and bodies of water which naturally absorb significant
amounts of carbon dioxide.
(b) There is established a Natural Heritage, Open Space and Watershed Land Acquisition Review Board to assist and advise the commissioner in carrying out the provisions
of sections 7-131d to 7-131g, inclusive, and sections 23-73 to 23-79, inclusive. Upon
establishment of the review board and selection of a chairman under this section, the
review board (1) shall provide comments on selection criteria, policies and procedures;
(2) shall promote public participation; (3) shall provide guidance and conduct review
of strategies for land protection, including strategies under section 23-8; (4) shall review
and evaluate grant award policies and procedures; and (5) may provide comments on
any application for funds not later than forty-five days after such application is submitted
to the chairman. Upon establishment of the board, the commissioner shall take such
comments into consideration in making any decisions regarding such grants.
(c) The review board shall consist of twenty-one members as follows: (1) The chairpersons and ranking members of the bonding subcommittee of the joint standing committee of the General Assembly having cognizance of matters relating to finance, revenue and bonding; (2) one member of the joint standing committee of the General
Assembly having cognizance of matters relating to the environment, appointed by the
speaker of the House of Representatives, and one member of the joint standing committee of the General Assembly having cognizance of matters relating to planning and
development, appointed by the president pro tempore of the Senate, each of whom
shall be ex-officio members of the board; (3) the Secretary of the Office of Policy and
Management, or his designee; (4) a representative of the business community and a
person experienced in issues relating to access to public facilities by persons with disabilities, appointed by the Governor; (5) one representative from an investor-owned water
utility, appointed by the minority leader of the Senate; (6) one representative from a
municipal water utility, appointed by the minority leader of the House of Representatives; (7) one representative from a regional water utility, appointed by the minority
leader of the Senate; (8) one representative who is a realtor or attorney with a minimum
of five years experience in real estate transfers, appointed by the speaker of the House
of Representatives; one representative with a minimum of five years experience in the
construction industry or land development, appointed by the president pro tempore of
the Senate; (9) two representatives of interest groups primarily concerned with the conservation of river watershed regions, appointed one each by the majority leaders of
the House of Representatives and the Senate; (10) three representatives from nonprofit
organizations primarily concerned with environmental protection or natural resource
conservation with a minimum of five years experience in land conservation and acquisition, appointed one each by the Governor, the speaker of the House of Representatives
and the president pro tempore of the Senate; and (11) one chief elected official of a town
with a population less than twenty thousand and one chief elected official of a town
with a population greater than twenty thousand, appointed by the Governor. The members, other than the members described in subdivisions (1), (2) and (3) of this subsection,
shall serve terms of three years provided the terms of the members described in subdivisions (4) to (8), inclusive, of this subsection who are appointed in the year after July 1,
1998, shall expire on October 1, 1999, and further provided the terms of the members
described in subdivisions (9) to (11), inclusive, of this subsection shall expire on October
1, 2000. The board shall elect a chairman from among its members and shall make such
election on or before October 1, 1998. Members of the board shall serve until reappointed
or replaced.
(d) Annually, on or before February fifteenth, the board shall submit a report regarding grant awards made in the previous calendar year and any findings and recommendations regarding the open space and watershed land acquisition program and the recreation and natural heritage trust program established under section 23-73 to the General
Assembly.
(e) There is established an open space and watershed land acquisition account within
the General Fund which shall consist of any funds required or allowed by law to be
deposited into the account including, but not limited to, gifts or donations received for
the purposes of section 7-131d. Investment earnings credited to the assets of the account
shall become part of the assets of the account. Any balance remaining in the account at
the end of any fiscal year shall be carried forward in the account for the fiscal year
next succeeding. Payments from the account shall be made upon authorization by the
Commissioner of Environmental Protection. Neither the proceeds of any general obligation bonds of the state nor the investment earnings of any such proceeds shall be deposited in the account. The Commissioner of Environmental Protection may use funds in
the account for purposes of section 7-131d.
(1963, P.A. 649, S. 5; 1969, P.A. 628, S. 16; 1971, P.A. 872, S. 405; P.A. 98-157, S. 4, 15; June Sp. Sess. P.A. 98-1,
S. 103; P.A. 99-58; P.A. 00-203, S. 4, 11; P.A. 01-195, S. 107, 181; P.A. 07-131, S. 1.)
History: 1969 act clarified provisions regarding preliminary approval, reports concerning and disposition of applications; 1971 act substituted commissioner of environmental protection for council on agriculture and natural resources;
P.A. 98-157 deleted former section and added new provisions re timing of grant decisions, administrative expenses, a
review board, a report and an account for donations, effective July 1, 1998; June Sp. Sess. P.A. 98-1 made technical
corrections in Subsec. (c); P.A. 99-58 amended Subsec. (d) to provide for recommendations from the board to the General
Assembly regarding the recreation and natural heritage trust program; P.A. 00-203 amended Subsec. (a) by applying
provisions to charter oak open space grant program, effective July 1, 2000; P.A. 01-195 made a technical change in Subsec.
(b), effective July 11, 2001; P.A. 07-131 amended Subsec. (a) to increase the percentage of grant funds permitted to be
used for administrative expenses from 2% to 5%, effective July 1, 2007.