SCGRCs Position On Dredging and Coastal Erosion

Effective May 27, 2008, PA 08-101 (Sections 8 - 10) authorizes the DOT to initiate harbor improvement projects (including studies) on behalf of the state or for the state on behalf of the federal government. It creates the harbor improvement account as a separate, non-lapsing General Fund account. According to the DOT, the account is not funded and no studies are currently planned or started..

1. The Shoreline Chambers Government Relations Committee strongly supports the start of regular funding to this account at whatever level is feasible.

2. The Shoreline Chambers Government Relations Committee strongly recommends that any studies that are initiated give as much emphasis to preventing the silting of channels caused by the lateral currents along the coastline as they do to the removal of the deposited silt itself thereby permanently reducing the long term costs of the problem and preserving the natural beauty of the coastline.

Here's the Legislation

PA 08-101 Sec. 8. Section 13b-57 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The state, acting by and in the discretion of the Commissioner of Transportation, may enter into a contract with a municipality, acting by its harbor improvement agency, for state financial assistance for a harbor improvement project pursuant to a harbor improvement plan approved by the Commissioner of Transportation in the form of a state grant-in-aid. [equal to two-thirds of the net cost of the project as approved by the Commissioner of Transportation, provided state financial assistance to any municipality for such purposes shall not exceed one million dollars. ] Any such application for state financial assistance under this section shall be submitted by the Commissioner of Transportation to the Commissioner of Environmental Protection for his review. Said Commissioner of Environmental Protection shall submit a written report to the Commissioner of Transportation, setting forth his findings regarding such application.

Sec. 9. (NEW) (Effective from passage) (a) In addition to municipal requests for a grant-in-aid pursuant to section 13b-57 of the general statutes, as amended by this act, harbor improvement projects may be initiated by the Commissioner of Transportation on behalf of the state or for the state on behalf of the federal government. Recommendations on the prioritization or inclusion of projects shall be submitted to the commissioner by the Connecticut Maritime Commission. The department shall contract for the provision of goods and services to harbor and waterways for such improvements, and shall provide the funding required under such contracts, except that the commissioner may enter into agreements with other state agencies or municipalities for such agencies or municipalities to provide the funding for any of such contracts. The department shall administer all contracts entered into under this section.

(b) All contracts are subject to final negotiation of the scope and budget for a given project. Contracting periods may vary depending on each project. Payments shall be made on a reimbursement basis for deliverables completed no later than the dates of service of an executed contract. Appropriate back-up information shall be included with each payment request indicating that services have been rendered. The department may elect to provide part or all of the funds necessary as an upfront payment, provided funds are held in a separate, noninterest bearing account and are expended not later than sixty days after such funds are provided.

(c) Harbor improvement projects include the preparation of plans, studies and construction for the alteration and improvement of various state, municipal and other properties in or adjacent to the waters of the state, for the purpose of improving the economy and infrastructure of the state.

Sec. 10. (NEW) (Effective from passage) (a) There is established an account to be known as the "harbor improvement account" which shall be a separate, nonlapsing account within the General Fund. There shall be deposited in the account: (1) The proceeds of notes, bonds or other obligations issued by the state for the purpose of deposit therein and use in accordance with the permissible uses thereof; (2) funds appropriated by the General Assembly for the purpose of deposit therein and use in accordance with the permissible uses thereof; and (3) any other funds required or permitted by law to be deposited in the account. The funds in said account shall be expended by the Commissioner of Transportation for the purpose of initiating harbor improvement projects in accordance with section 9 of this act and for the purposes described in subsection (b) of this section.

(b) The harbor improvement account may be used for federal dredging projects (1) to support, in full or in part, local and state matching requirements for such projects; (2) to cover the incremental costs associated with applicable environmental regulatory requirements or management practices, including beneficial use; and (3) to cover part or all of the costs of such projects in the absence of adequate federal funds. If any account funds are used for the purpose described in subdivision (3) of this subsection, the commissioner shall pursue reimbursement to the account from the federal government.