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Regulation Review Committee approves DEEP rule adding enforcement provision for Swan's Pond
Summary
The Regulation Review Committee on Feb. 25 approved proposed regulation 2025-002 from the Department of Energy and Environmental Protection to add an enforcement mechanism for Swan's Pond; DEEP officials described the new subsection as enabling issuance of infractions under a prior public act.
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The Regulation Review Committee approved proposed regulation 2025-002 from the Department of Energy and Environmental Protection (DEEP) on Tuesday, accepting the Legislative Commissioners' Office recommendation of approval in whole with technical corrections.
The approved rule adds a subsection — labeled DD in the proposed text — that DEEP said creates an enforcement mechanism tied to a prior public act and authorizes issuance of infractions at Swan's Pond, DEEP officials told the committee.
Senator Austin asked DEEP for a summary of subsection DD. Mason Trumbull, deputy commissioner of DEEP, said the provision "will, in essence, create an enforcement mechanism, from the public act that was passed a couple years ago and create an infraction, an opportunity to issue infractions at Swan's Pond. So in essence, it's an enforcement mechanism, as a result of the public act that was passed." Mike Lambert, DEEP bureau chief for outdoor recreation, was introduced and present for questions.
The committee moved the LCO recommendation to approve the regulation with technical corrections; Senator Austin moved and Senator Kissel seconded the motion. A roll-call vote followed and the motion passed.
The change implements an enforcement avenue tied to existing state law rather than creating a separate new penalty scheme, DEEP said during the brief discussion. DEEP officials framed the subsection as administrative enforcement that operationalizes the authority granted by the earlier public act.
The committee did not request further changes to the substance of DD during the hearing; the committee approved the rule subject to the technical corrections recommended by the LCO. The regulation will proceed under the normal rulemaking record for implementation and any further agency guidance.
The committee heard several other proposed regulations at the same meeting and concluded its agenda after roll calls on each item.

