Bill Text: CT SB00043 | 2011 | General Assembly | Comm Sub
Bill Title: An Act Concerning Municipal Liability For Land Opened To The Public For Recreational Purposes.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-04-21 - Referred by Senate to Committee on Judiciary [SB00043 Detail]
Download: Connecticut-2011-SB00043-Comm_Sub.html
General Assembly |
||
January Session, 2011 |
*_____SB00043PD____032811____* |
AN ACT CONCERNING MUNICIPAL LIABILITY FOR LAND OPENED TO THE PUBLIC FOR RECREATIONAL PURPOSES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 52-557f of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
As used in sections 52-557f to 52-557i, inclusive:
(1) "Charge" means the admission price or fee asked in return for invitation or permission to enter or go upon the land, except that "charge" does not include tax revenue collected pursuant to title 12 by any owner;
(2) "Land" means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to the realty;
(3) "Owner" means the possessor of a fee interest, a tenant, lessee, occupant or person in control of the premises and includes any municipality, as defined in section 7-148, any district, as defined in section 7-324, any metropolitan district created by special act or pursuant to sections 7-333 to 7-339, inclusive, and any railroad company;
(4) "Recreational purpose" includes, but is not limited to, any of the following, or any combination thereof: Hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, snow skiing, ice skating, sledding, hang gliding, sport parachuting, hot air ballooning and viewing or enjoying historical, archaeological, scenic or scientific sites.
Sec. 2. (NEW) (Effective October 1, 2011) (a) For purposes of this section, "charge" has the same meaning as provided in section 52-557f of the general statutes, as amended by this act, "hazardous waste" has the same meaning as provided in section 22a-115 of the general statutes, and "pollution" has the same meaning as provided in section 22a-423 of the general statutes.
(b) Notwithstanding the provisions of chapter 445 of the general statutes, any municipality that acquires an easement over property of another for the purpose of making the property included in such easement available to the public for recreational use without charge, rent, fee or other commercial service shall not be liable for any fines, penalties or costs of investigation or remediation with respect to any hazardous waste, pollution or source of pollution on or emanating from such property of another provided such hazardous waste, pollution or source of pollution (1) occurred or existed on such property prior to the municipality's acquisition of such easement, or (2) was not caused by such municipality or by an agent of such municipality.
(c) Any municipality that acquires an easement for recreational use by the public as provided in subsection (b) of this section may investigate and remediate any hazardous waste, pollution or source of pollution on or emanating from the property included in such easement in accordance with standards adopted under section 22a-133k of the general statutes for remediation of property used for recreational purposes and shall not be liable for any cost to investigate and remediate property owned by another and not included in such easement.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2011 |
52-557f |
Sec. 2 |
October 1, 2011 |
New section |
PD |
Joint Favorable Subst. |