Environment Committee
JOINT FAVORABLE REPORT
Bill No.: SB-840
AN ACT CONCERNING CONNECTICUT'S SHELLFISH RESTORATION
Title: PROGRAM AND THE CONNECTICUT SEAFOOD COUNCIL.
Vote Date: 2/26/2021
Vote Action: Joint Favorable
PH Date: February 10, 2021
File No.:
Disclaimer: The following JOINT FAVORABLE Report is prepared for the benefit of the
members of the General Assembly, solely for purposes of information, summarization and
explanation and does not represent the intent of the General Assembly or either chamber
thereof for any purpose.
SPONSORS OF BILL:
Rep. Joseph P. Gresko, 121st Dist.
Rep. Travis Simms, 140th Dist.
Rep. Patricia A. Dillon, 92nd Dist.
Rep. Christine Palm, 36th Dist.
Sen. Catherine A. Osten, 19th Dist.
REASONS FOR BILL:
Sections 1 and Sections 2 of SB840 seek to update state statutes to allow DoAg to receive
non-state funds from various sources to distribute shell on designated oyster beds to
increase the population of oysters.
Section 3 of SB840 updates the membership of the CT Seafood Council to include several
new groups to reflect the makeup of Connecticut's aquaculture industry and various funding
sources.
RESPONSE FROM ADMINISTRATION/AGENCY:
Department of Agriculture (DoAg) seeks to update Sections 1 and Sections 2 of SB840 seek
to update state statutes to allow DoAg to receive non-state funds from state, private or
federal programs to distribute shell on designated oyster beds to increase the population of
oysters.
Section 3 of SB840 updates the membership of the CT Seafood Council to include several
new groups to reflect the makeup of Connecticut's aquaculture industry and various funding
sources. Updated language allows the receipt of funds from federal, municipal, non-profit or
nongovernmental funds to encompass direct usage for seafood product or any related items.
DoAg seeks additional substitute language to update citation authority under 51-164n to
include " all previously authorized statutory citation references".
NATURE AND SOURCES OF SUPPORT:
Robert LaFrance, Director of Policy, Audubon Connecticut
Audubon CT supports SB840 Sections 1 and 2. SB840 helps to rebuild Connecticut's oyster
beds, supports the environment and supports CT's shellfish economy. The change in statute
provides the State's ability to leverage private and federal funds to implement and improve
environmental strategies.
Joan Nichols, Executive Director, Connecticut Farm Bureau Association
Connecticut Farm Bureau Association (CFBA) supports SB840 with amendments. The shell
fishermen of Connecticut farm several thousand acres underwater. They own the
infrastructure and real estate to support their underwater farms and do NOT benefit under
Public Act 490's current assessment law. The CFBA requests the following statutes
amended to include additional terms to include aquaculture under PA490.
Sec. 12-107b. Definitions. When used in sections 12-107a to 12-107e, inclusive,
and 12- 107g: The term farm land means any tract or tracts of land, including
underwater farmlands, woodland and wasteland, constituting a farm unit;
Sec. 12-107b. Definitions. (8) The term maritime heritage land means that portion
of waterfront real property owned by a licensed shellstock shipper, aquaculture
operator or commercial lobster fisherman licensed pursuant to title 26, when such
portion of such property is used by such shellstock shipper, aquaculture operator or
fisherman for commercial lobstering or shellfishing purposes, provided in the tax year
of the owner ending immediately prior to any assessment date with respect to which
application is submitted pursuant to section 12-107g, not less than fifty per cent of the
adjusted gross income of such shellstock shipper, aquaculture operator or fisherman,
as determined for purposes of the federal income tax, is derived from commercial
shellfishing, aquaculture or lobster fishing, subject to proof satisfactory to the assessor
in the town in which such application is submitted. Maritime heritage land does not
include buildings not used exclusively by such shellstock shipper, aquaculture operator
or fisherman for commercial lobstering or shellfishing purposes.
CFBA supports the reestablishment of the Connecticut Seafood Council to benefit the
industry, the economy and environment.
Page 2 of 3 SB-840
Mystic Oysters
Mystic Oysters Supports SB840 with amendments. The pandemic has halted nearly all
operations and shutdown the large suppliers to protect public health. The shellfishing
industry has a long way to go to return to growth. The support of SB840 with amendment to
Public Act 490 in order to remain economically viable and receive a fair assessment on
Mystic Oyster's shellfish beds.
An example of the assessment is the shellfish bed in Mumford Cove increased from $30/acre
to over $400/acre. The time and effort to return to a fair assessment was considerable to get
back to a fair assessment. Including aquaculture farms under PA490 and expanding access
to aquaculture producers under the maritime heritage definition helps the industry.
Mystic Oysters looks forward to partnering with the Department of Agriculture and the CT
Seafood Council in support to the shellfishing industry.
Copps Island Oysters
Copps Island Oysters supports SB840 with amendments. Underwater farmland faces
increased tax costs every year of operations. Public Act 490 has no provision to treat
aquacultures with fair treatment. PA490 does not define aquaculture in statute. Copps
Island Oysters requests PA490 amended to include aquacultures in PA490. A standard
formula for underwater farms helps solve the inequities of tax structure for the local industry.
Copps Island Oysters requests amending the PA490 Heritage classification. The high cost of
expanded operations or new producers acquiring property is prohibitive due to the loss of
working waterfront property. "Maritime Heritage Land' currently only applied to commercial
fishermen. Amending PA490 to include aquaculture would improve access to working
waterfront properties to cultivate their products.
1 additional testimony in support of SB840.
NATURE AND SOURCES OF OPPOSITION:
None.
Reported by: Steve Smith Date: 3/10/21
Page 3 of 3 SB-840


Statutes affected:
Raised Bill: 26-237a, 26-237b, 22-455
ENV Joint Favorable: 26-237a, 26-237b, 22-455
File No. 144: 26-237a, 26-237b, 22-455
Public Act No. 21-24: 26-237a, 26-237b, 22-455, 12-107b, 26-250