| 11 | 11 | | |
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| 12 | 12 | | AN ACT CONCERNING AGENCY REGULATIONS, A CLARIFICATION OF "DISTRESSED MUNICIPALITY" AND OBSOLETE STATUTES CONCERNING THE OFFICE OF POLICY AND MANAGEMENT. |
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| 13 | 13 | | |
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| 14 | 14 | | Be it enacted by the Senate and House of Representatives in General Assembly convened: |
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| 15 | 15 | | |
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| 16 | 16 | | Section 1. Subsection (a) of section 4-168 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011): |
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| 17 | 17 | | |
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| 18 | 18 | | (a) Except as provided in subsection (g) of this section, an agency, prior to adopting a proposed regulation, shall: (1) Give at least thirty days' notice by publication in the Connecticut Law Journal of its intended action. The notice shall include (A) either a statement of the terms or of the substance of the proposed regulation or a description sufficiently detailed so as to apprise persons likely to be affected of the issues and subjects involved in the proposed regulation, (B) a statement of the purposes for which the regulation is proposed, (C) a reference to the statutory authority for the proposed regulation, (D) when, where and how interested persons may obtain a copy of the small business impact and regulatory flexibility analyses required pursuant to section 4-168a, and (E) when, where and how interested persons may present their views on the proposed regulation; (2) give notice [by mail] to each joint standing committee of the General Assembly having cognizance of the subject matter of the proposed regulation; (3) give notice [by mail] to all persons who have made requests to the agency for advance notice of its regulation-making proceedings. The agency may charge a reasonable fee for such notice based on the estimated cost of providing the service; (4) provide a paper copy or an electronic version of the proposed regulation to persons requesting it. The agency may charge a reasonable fee for copies in accordance with the provisions of section 1-212; (5) no later than the date of publication of the notice in the Connecticut Law Journal, prepare a fiscal note, including an estimate of the cost or of the revenue impact (A) on the state or any municipality of the state, and (B) on small businesses in the state, including an estimate of the number of small businesses subject to the proposed regulation and the projected costs, including but not limited to, reporting, recordkeeping and administrative, associated with compliance with the proposed regulation and, if applicable, the regulatory flexibility analysis prepared under section 4-168a. The governing body of any municipality, if requested, shall provide the agency, within twenty working days, with any information that may be necessary for analysis in preparation of such fiscal note; (6) afford all interested persons reasonable opportunity to submit data, views or arguments, orally at a hearing granted under subdivision (7) of this subsection or in writing, and to inspect and copy the fiscal note prepared pursuant to subdivision (5) of this subsection; (7) grant an opportunity to present oral argument if requested by fifteen persons, by a governmental subdivision or agency or by an association having not less than fifteen members, if notice of the request is received by the agency within fourteen days after the date of publication of the notice; and (8) consider fully all written and oral submissions respecting the proposed regulation and revise the fiscal note in accordance with the provisions of subdivision (5) of this subsection to indicate any changes made in the proposed regulation. No regulation shall be found invalid due to the failure of an agency to give notice to each committee of cognizance pursuant to subdivision (2) of this subsection, provided one such committee has been so notified. |
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| 19 | 19 | | |
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| 20 | 20 | | Sec. 2. Subsection (b) of section 32-9p of the general statutes, as amended by section 5 of public act 10-98, is repealed and the following is substituted in lieu thereof (Effective October 1, 2011): |
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| 21 | 21 | | |
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| 22 | 22 | | (b) "Distressed municipality" means, as of the date of the issuance of an eligibility certificate, any municipality in the state which, according to the United States Department of Housing and Urban Development meets the necessary number of quantitative physical and economic distress thresholds which are then applicable for eligibility for the urban development action grant program under the Housing and Community Development Act of 1977, as amended, or any town within which is located an unconsolidated city or borough which meets such distress thresholds. Any municipality which, at any time subsequent to July 1, 1978, has met such thresholds but which at any time thereafter fails to meet such thresholds, according to said department, shall be deemed to be a distressed municipality for a period of five years subsequent to the date of the determination that such municipality fails to meet such thresholds, unless such municipality elects to terminate its designation as a "distressed municipality", by vote of its legislative body, not later than September 1, 1985, or not later than three months after receiving notification from the commissioner that it no longer meets such thresholds, whichever is later. In the event a distressed municipality elects to terminate its designation, the municipality shall notify the commissioner and the Secretary of the Office of Policy and Management in writing within thirty days. In the event that the commissioner determines that amendatory federal legislation or administrative regulation has materially changed the distress thresholds thereby established, "distressed municipality" shall mean any municipality in the state which meets comparable thresholds of distress which are then applicable in the areas of high unemployment and poverty, aging housing stock and low or declining rates of growth in job creation, population and per capita income as established by the commissioner, consistent with the purposes of subdivisions (59) and (60) of section 12-81 and sections 12-217e, 32-9p to 32-9s, inclusive, as amended by this act, and 32-23p, in regulations adopted in accordance with chapter 54. For purposes of sections 32-9p to 32-9s, inclusive, as amended by this act, "distressed municipality" shall also mean any municipality adversely impacted by a major plant closing, relocation or layoff, provided the eligibility of a municipality shall not exceed two years from the date of such closing, relocation or layoff. The Commissioner of Economic and Community Development shall adopt regulations, in accordance with the provisions of chapter 54, which define what constitutes a "major plant closing, relocation or layoff" for purposes of sections 32-9p to 32-9s, inclusive, as amended by this act. "Distressed municipality" shall also mean the portion of any municipality which is eligible for designation as an enterprise zone pursuant to subdivision (2) of subsection (b) of section 32-70. [and the portion of any municipality that contains the airport development zone established pursuant to section 32-75d.] |
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| 23 | 23 | | |
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| 24 | 24 | | Sec. 3. Section 4-67m of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011): |
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| 25 | 25 | | |
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| 26 | 26 | | (a) The Office of Policy and Management, in consultation with each budgeted state agency, shall develop, for state budgeting purposes, specific biennial goals and objectives and quantifiable outcome measures, which shall not be limited to measures of activities, for each program, service and state grant administered or provided by such agency. The Secretary of the Office of Policy and Management shall submit an annual report concerning such goals, objectives and measures to the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the joint standing committee having cognizance of matters relating to the agency. For the biennium beginning July 1, 1995, and for each biennium thereafter, the annual report shall include an evaluation of the impact of each program, service and state contract on the family. |
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| 27 | 27 | | |
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| 28 | 28 | | (b) The goals, objectives and measures developed for each such agency pursuant to subsection (a) of this section shall be implemented for the biennium beginning July 1, 1993. The Office of Policy and Management, in consultation with each such agency, shall review and revise such goals, objectives and measures for each biennium thereafter. |
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| 29 | 29 | | |
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| 30 | 30 | | [(c) For the biennium beginning July 1, 1995, and for each biennium thereafter, the annual report submitted pursuant to subsection (a) of this section shall evaluate the progress of budgeted state agencies in achieving benchmarks established under section 4-67r.] |
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| 31 | 31 | | |
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| 32 | 32 | | Sec. 4. Sections 4-67r and 4-82a of the general statutes are repealed. (Effective July 1, 2011) |
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| 33 | 33 | | |
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| 34 | 34 | | |
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| 35 | 35 | | |
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| 36 | 36 | | |
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| 37 | 37 | | This act shall take effect as follows and shall amend the following sections: |
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| 38 | 38 | | Section 1 July 1, 2011 4-168(a) |
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| 39 | 39 | | Sec. 2 October 1, 2011 32-9p(b) |
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| 40 | 40 | | Sec. 3 July 1, 2011 4-67m |
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| 41 | 41 | | Sec. 4 July 1, 2011 Repealer section |
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| 42 | 42 | | |
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| 43 | 43 | | This act shall take effect as follows and shall amend the following sections: |
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| 44 | 44 | | |
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| 45 | 45 | | Section 1 |
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| 46 | 46 | | |
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| 47 | 47 | | July 1, 2011 |
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| 48 | 48 | | |
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| 49 | 49 | | 4-168(a) |
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| 50 | 50 | | |
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| 51 | 51 | | Sec. 2 |
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| 52 | 52 | | |
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| 53 | 53 | | October 1, 2011 |
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| 54 | 54 | | |
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| 55 | 55 | | 32-9p(b) |
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| 56 | 56 | | |
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| 57 | 57 | | Sec. 3 |
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| 58 | 58 | | |
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| 59 | 59 | | July 1, 2011 |
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| 60 | 60 | | |
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| 61 | 61 | | 4-67m |
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| 62 | 62 | | |
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| 63 | 63 | | Sec. 4 |
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| 64 | 64 | | |
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| 65 | 65 | | July 1, 2011 |
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| 66 | 66 | | |
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| 67 | 67 | | Repealer section |
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| 68 | 68 | | |
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| 69 | 69 | | |
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| 70 | 70 | | |
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| 71 | 71 | | GAE Joint Favorable Subst. |
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