Section 22a-NEW - [Newly enacted section not yet numbered](a) As used in this section:(1) "Actions which may significantly affect the environment" has the same meaning as provided in section 22a-1c of the general statutes, but does not include any action that (A) is a major federal action under the National Environmental Policy Act, 42 USC 4321 et seq., as amended from time to time, (B) is an undertaking under the National Historic Preservation Act, 54 USC 300101 et seq., as amended from time to time, (C) affects an archaeological site, or (D) affects a sacred site;(2) "Archaeological site" has the same meaning as provided in section 10-381 of the general statutes;(3) "Historic structures and landmarks" has the same meaning as provided in section 10-410 of the general statutes;(4) "Sacred site" has the same meaning as provided in section 10-381 of the general statutes;(5) "Sponsoring agency" has the same meaning as described in sections 22a-1 to 22a-1h, inclusive, of the general statutes;(6) "State entity" means a state department, institution or agency under sections 22a-1 to 22a-1h, inclusive, of the general statutes;(7) "State funding recipient" means any person that receives funds from the state to be used for an activity or a sequence of planned activities that are subject to the process established by sections 22a-1 to 22a-1h, inclusive, of the general statutes; and(8) "State Historic Preservation Officer" means the individual appointed by the Governor pursuant to 54 USC 302301(1), as amended from time to time, to administer the state historic preservation program in accordance with 54 USC 302303, as amended from time to time.(b) Whenever a sponsoring agency requests an initial determination from the State Historic Preservation Officer, in accordance with sections 22a-1 to 22a-1h, inclusive, of the general statutes, as to whether an individual activity or a sequence of planned activities proposed to be undertaken by the sponsoring agency, a state entity or a state funding recipient, as applicable, is within the category of actions which may significantly affect the environment because such activity or sequence of activities could have an impact on the state's historic structures and landmarks, the officer shall: (1) In making such initial determination, consider all information provided by the sponsoring agency, state entity or state funding recipient, as applicable; and(2) Make such initial determination not later than thirty days after the officer receives information the officer deems reasonably necessary to make such initial determination.(c) If the State Historic Preservation Officer makes an initial determination that such individual activity or sequence of planned activities will not have any effect on historic structures and landmarks, or is not within the category of actions which may significantly affect the environment because such activity or sequence of activities will not have an impact on historic structures and landmarks, the officer shall provide such determination in writing to the sponsoring agency, state entity or state funding recipient, as applicable. Such written determination shall constitute a final determination by the officer for the purposes of this section.(d)(1) If the State Historic Preservation Officer makes an initial determination that such individual activity or sequence of planned activities will have an effect on historic structures and landmarks, or is within the category of actions which may significantly affect the environment because such activity or sequence of activities will have an impact on historic structures and landmarks, the officer shall, in collaboration with the sponsoring agency, state entity or state funding recipient, as applicable, propose a prudent or feasible alternative to such individual activity or sequence of planned activities to avoid such impact, if such alternative is possible.(2) If the State Historic Preservation Officer and the sponsoring agency, state entity or state funding recipient, as applicable, reach an agreement regarding such alternative, the officer shall provide to such sponsoring agency, state entity or state funding recipient, as applicable, a written determination that such alternative (A) will not have any effect on historic structures and landmarks, or (B) is not within the category of actions which may significantly affect the environment because such activity or sequence of activities will not have an impact on historic structures and landmarks. Such written determination shall constitute a final determination by the officer for the purposes of this section.(3)(A) If the State Historic Preservation Officer and the sponsoring agency, state entity or state funding recipient, as applicable, cannot reach an agreement regarding such alternative, the officer shall provide to such sponsoring agency, state entity or state funding recipient, as applicable, a written determination that such individual activity or sequence of planned activities (i) will have an effect on historic structures and landmarks, or (ii) is within the category of actions which may significantly affect the environment because such activity or sequence of activities will have an impact on historic structures and landmarks.(B)(i) Notwithstanding subsection (c) of section 22a-1b of the general statutes, after the State Historic Preservation Officer provides a written determination under subparagraph (A) of this subdivision, the officer shall, in collaboration with the sponsoring agency, state entity or state funding recipient, as applicable, propose a mitigation plan requiring such sponsoring agency, state entity or state funding recipient, as applicable, to mitigate such impact.(ii) The sponsoring agency, state entity or state funding recipient, as applicable, shall, to the extent possible, submit to the State Historic Preservation Officer all pertinent information regarding such individual activity or sequence of planned activities that may affect such mitigation plan. Such information shall be considered by the officer in the development of the mitigation plan.(iii) In establishing the mitigation plan, the State Historic Preservation Officer shall consult with the Commissioner of Economic and Community Development, or the commissioner's designee, about the economic impact of (I) the individual activity or sequence of planned activities proposed to be undertaken by the sponsoring agency, state entity or state funding recipient, as applicable, and (II) the mitigation plan. Any information provided by the commissioner during such consultation shall be considered by the officer in the development of the mitigation plan.(iv) Not later than forty-five days after the State Historic Preservation Officer receives the information submitted under subparagraph (B)(ii) of this subdivision, the officer shall memorialize the mitigation plan in a proposed mitigation agreement that may be executed by the sponsoring agency, state entity or state funding recipient, as applicable. If the sponsoring agency, state entity or state funding recipient, as applicable, executes such proposed mitigation agreement, the officer shall also execute such proposed mitigation agreement. The execution of such mitigation agreement shall constitute (I) a determination by the officer that the officer is satisfied the effect on historic structures and landmarks will be mitigated pursuant to the terms of such mitigation agreement, and (II) a final determination by the officer for the purposes of this section.(v) At the time the State Historic Preservation Officer provides the mitigation agreement proposed under subparagraph (B)(iv) of this subdivision to the sponsoring agency, state entity or state funding recipient, as applicable, the officer shall notify such sponsoring agency, state entity or state funding recipient, as applicable, that a request may be submitted in accordance with the provisions of subdivision (1) of subsection (e) of this section to the Commissioner of Economic and Community Development to review such proposed mitigation agreement.(e)(1) If the sponsoring agency, state entity or state funding recipient, as applicable, declines to execute the mitigation agreement proposed under subparagraph (B)(iv) of subdivision (3) of subsection (d) of this section, such sponsoring agency, state entity or state funding recipient, as applicable, may submit, not later than fifteen days after the State Historic Preservation Officer provides such proposed mitigation agreement to such sponsoring agency, state entity or state funding recipient, as applicable, a request to the Commissioner of Economic and Community Development to review the proposed mitigation agreement and make recommendations to revise such proposed mitigation agreement. Such request shall be in the form and manner prescribed by the commissioner and may include a request for a conference with the commissioner, the officer, the sponsoring agency, the state entity or the state funding recipient, as applicable, and any other interested party.(2)(A) Not later than thirty days after receiving such request, the commissioner shall (i) if such conference was requested, hold such conference, and (ii) make recommendations, if any, for revisions to the proposed mitigation agreement. If such revisions are recommended, the commissioner's review pursuant to this subsection shall be concluded and the State Historic Preservation Officer shall include such revisions in a revised mitigation agreement. Such revised mitigation agreement may be executed by the sponsoring agency, state entity or state funding recipient, as applicable. If the sponsoring agency, state entity or state funding recipient, as applicable, executes such revised mitigation agreement, the officer shall also execute such revised mitigation agreement. The execution of such revised mitigation agreement shall constitute (I) a determination by the officer that the officer is satisfied the effect on historic structures and landmarks will be mitigated pursuant to the terms of such revised mitigation agreement, and (II) a final determination by the officer for the purposes of this section.(B) If the commissioner makes no recommendations for revisions to the mitigation agreement, the commissioner's review pursuant to this subsection shall be concluded. The sponsoring agency, state entity or state funding recipient, as applicable, may subsequently elect to execute the mitigation agreement proposed by the State Historic Preservation Officer under subparagraph (B)(iv) of subdivision (3) of subsection (d) of this section. If the sponsoring agency, state entity or state funding recipient, as applicable, executes such proposed mitigation agreement, the officer shall also execute such proposed mitigation agreement. The execution of such mitigation agreement shall constitute (i) a determination by the officer that the officer is satisfied the effect on historic structures and landmarks will be mitigated pursuant to the terms of such mitigation agreement, and (ii) a final determination by the officer for the purposes of this section.(f) If the State Historic Preservation Officer proposes a mitigation plan pursuant to subparagraph (B)(i) of subdivision (3) of subsection (d) of this section but a mitigation agreement is not executed, the sponsoring agency shall conduct an early public scoping process in accordance with subsection (b) of section 22a-1b of the general statutes.(g) Not later than January first, annually, the State Historic Preservation Officer shall post on the Department of Economic and Community Development's Internet web site all mitigation agreements executed during the preceding fiscal year.Conn. Gen. Stat. § 22a-NEW
Added by P.A. 24-0001,S. 43 of the Connecticut Acts of the 2024 Special Session, eff. 10/1/2024.