Connecticut 2019 Regular Session

Connecticut House Bill HB05123 Compare Versions

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Version 2 (New)

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7		-	General Assembly Substitute Bill No. 5123
	4	+	LCO No. 6632 1 of 13
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	6	+	General Assembly Committee Bill No. 5123
8	7		January Session, 2019
	8	+	LCO No. 6632
	9	+
	10	+
	11	+	Referred to Committee on PLANNING AND DEVELOPMENT
	12	+
	13	+
	14	+	Introduced by:
	15	+	(PD)
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14	21		AN ACT PROHIBITING THE USE OF EMINENT DOMAI N FOR
15	22		CERTAIN COMMERCIAL P URPOSES.
16	23		Be it enacted by the Senate and House of Representatives in General
17	24		Assembly convened:
18	25
19	26		Section 1. Subdivision (1) of subsection (a) of section 8-127a of the 1
20	27		general statutes is repealed and the following is substituted in lieu 2
21	28		thereof (Effective October 1, 2019, and applicable to property acquired on or 3
22	29		after October 1, 2019): 4
23	30		(a) (1) No real property may be acquired by a redevelopment 5
24	31		agency by eminent domain pursuant to section 8 -128 under a 6
25		-	redevelopment plan under this chapter for the ~~primary~~ purpose of 7
26		-	~~increasing local tax revenue~~ or for ~~any purpose that produces income~~ 8
27		-	~~from such real property for a private entity~~. 9
	32	+	redevelopment plan under this chapter for the purpose of producing 7
	33	+	income from such real property to a private entity or for the primary 8
	34	+	purpose of increasing local tax revenue. 9
28	35		Sec. 2. Subdivision (3) of section 8-125 of the general statutes is 10
29	36		repealed and the following is substituted in lieu thereof (Effective 11
30	37		October 1, 2019, and applicable to property acquired on or after October 1, 12
31	38		2019): 13
	39	+	Committee Bill No. 5123
	40	+
	41	+
	42	+	LCO No. 6632 2 of 13
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32	44		(3) A "redevelopment plan" means a plan that includes: (A) (i) A 14
33	45		description of the redevelopment area and the condition, type and use 15
34	46		of the structures therein, and (ii) specification of each parcel proposed 16
35	47		to be acquired, including parcels to be acquired by eminent domain; 17
36		-	(B) the location and extent of the land uses, other than for any purpose 18 Substitute Bill No. 5123
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43		-	that produces income from any such parcel acquired by eminent 19
44		-	domain for a private entity, proposed for and within the 20
45		-	redevelopment area, such as housing, recreation, business, industry, 21
46		-	schools, civic activities, open spaces or other categories of public and 22
47		-	private uses; (C) the location and extent of streets and other public 23
48		-	utilities, facilities and works within the redevelopment area; (D) 24
49		-	schedules showing the number of families displaced by the proposed 25
50		-	improvement, the method of temporary relocation of such families and 26
51		-	the availability of sufficient suitable living accommodations at prices 27
52		-	and rentals within the financial reach of such families and located 28
53		-	within a reasonable distance of the area from which such families are 29
54		-	displaced; (E) present and proposed zoning regulations in the 30
55		-	redevelopment area; (F) a description of how the redevelopment area 31
56		-	is deteriorated, deteriorating, substandard or detrimental to the safety, 32
57		-	health, morals or welfare of the community; and (G) any other detail 33
58		-	including financial aspects of redevelopment which, in the judgment 34
59		-	of the redevelopment agency authorized herein, is necessary to give it 35
	48	+	(B) the location and extent of the land uses, other than the production 18
	49	+	of income from any such parcel acquired by eminent domain to a 19
	50	+	private entity, proposed for and within the redevelopment area, such 20
	51	+	as housing, recreation, business, industry, schools, civic activities, open 21
	52	+	spaces or other categories of public and private uses; (C) the location 22
	53	+	and extent of streets and other public utilities, facilities and works 23
	54	+	within the redevelopment area; (D) schedules showing the number of 24
	55	+	families displaced by the proposed improvement, the method of 25
	56	+	temporary relocation of such families and the availability of sufficient 26
	57	+	suitable living accommodations at prices and rentals within the 27
	58	+	financial reach of such families and located within a reasonable 28
	59	+	distance of the area from which such families are displaced; (E) present 29
	60	+	and proposed zoning regulations in the redevelopment area; (F) a 30
	61	+	description of how the redevelopment area is deteriorated, 31
	62	+	deteriorating, substandard or detrimental to the safety, health, morals 32
	63	+	or welfare of the community; and (G) any other detail including 33
	64	+	financial aspects of redevelopment which, in the judgment of the 34
	65	+	redevelopment agency authorized herein, is necessary to give it 35
60	66		adequate information; 36
61	67		Sec. 3. Subsection (b) of section 8-127 of the general statutes is 37
62	68		repealed and the following is substituted in lieu thereof (Effective 38
63	69		October 1, 2019): 39
64	70		(b) Before approving any redevelopment plan, the redevelopment 40
65	71		agency shall hold a public hearing on the plan, notice of which shall be 41
66	72		published at least twice in a newspaper of general circulation in the 42
67	73		municipality, the first publication of notice to be not less than two 43
68	74		weeks before the date set for the hearing. At least thirty-five days prior 44
69	75		to any public hearing, the redevelopment agency shall post the plan on 45
70	76		the Internet web site of the redevelopment agency, if any. The 46
	77	+	Committee Bill No. 5123
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	79	+
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71	82		redevelopment agency may approve any such redevelopment plan if, 47
72	83		following such hearing, it finds that: (1) The area in which the 48
73	84		proposed redevelopment is to be located is a redevelopment area; (2) 49
74	85		the carrying out of the redevelopment plan will result in materially 50
75		-	improving conditions in such area; (3) sufficient living 51 Substitute Bill No. 5123
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	86	+	improving conditions in such area; (3) sufficient living 51
82	87		accommodations are available within a reasonable distance of such 52
83	88		area or are provided for in the redevelopment plan for families 53
84	89		displaced by the proposed improvement, at prices or rentals within the 54
85	90		financial reach of such families; (4) the redevelopment plan is 55
86	91		satisfactory as to site planning, relation to the plan of conservation and 56
87	92		development of the municipality adopted under section 8-23 and, 57
88	93		except when the redevelopment agency has prepared the 58
89	94		redevelopment plan, the construction and financial ability of the 59
90	95		redeveloper to carry it out; (5) the planning agency has issued a 60
91	96		written opinion in accordance with subsection (a) of this section that 61
92	97		the redevelopment plan is consistent with the plan of conservation and 62
93	98		development of the municipality adopted under section 8-23; and (6) 63
94	99		(A) public benefits resulting from the redevelopment plan will 64
95	100		outweigh any private benefits; (B) existing use of the real property 65
96	101		cannot be feasibly integrated into the overall redevelopment plan for 66
97	102		the project; (C) acquisition by eminent domain is reasonably necessary 67
98	103		to successfully achieve the objectives of such redevelopment plan; and 68
99		-	(D) the redevelopment plan is not for the ~~primary~~ purpose of 69
100		-	~~increasing local tax revenues~~ or for ~~any~~ purpose ~~that produces income~~ 70
101		-	~~from such real property for a private entity~~. No redevelopment plan 71
102		-	~~for a project~~ that consists predominantly of residential facilities shall be 72
103		-	~~approved~~ by the redevelopment agency in any municipality having a 73
104		-	~~housing~~ authority organized under the provisions of chapter 128 74
105		-	~~except with~~ the approval of such housing authority. 75
	104	+	(D) the redevelopment plan is not for the purpose of producing income 69
	105	+	from such real property to a private entity or for the primary purpose 70
	106	+	of increasing local tax revenues. No redevelopment plan for a project 71
	107	+	that consists predominantly of residential facilities shall be approved 72
	108	+	by the redevelopment agency in any municipality having a housing 73
	109	+	authority organized under the provisions of chapter 128 except with 74
	110	+	the approval of such housing authority. 75
106	111		Sec. 4. Subdivision (1) of subsection (b) of section 8-193 of the 76
107	112		general statutes is repealed and the following is substituted in lieu 77
108	113		thereof (Effective October 1, 2019, and applicable to property acquired on or 78
109	114		after October 1, 2019): 79
	115	+	Committee Bill No. 5123
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110	120		(b) (1) The development agency may, with the approval of the 80
111	121		legislative body in accordance with this subsection, and in the name of 81
112	122		the municipality, acquire by eminent domain real property located 82
113	123		within the project area and real property and interests therein for 83
114		-	rights-of-way and other easements to and from the project area, in the 84 Substitute Bill No. 5123
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	124	+	rights-of-way and other easements to and from the project area, in the 84
121	125		same manner that a redevelopment agency may acquire real property 85
122	126		under sections 8-128 to 8-133, inclusive, as if said sections specifically 86
123	127		applied to development agencies, except that no real property may be 87
124	128		acquired by eminent domain pursuant to this subsection for the 88
125		-	~~primary~~ purpose of ~~increasing local tax revenue or for any purpose~~ 89
126		-	~~that produces income from such real property~~ for ~~a private entity~~. 90
	129	+	purpose of producing income from such real property to a private 89
	130	+	entity or for the primary purpose of increasing local tax revenue. 90
127	131		Sec. 5. Section 8-187 of the general statutes is repealed and the 91
128	132		following is substituted in lieu thereof (Effective October 1, 2019, and 92
129	133		applicable to property acquired on or after October 1, 2019): 93
130	134		As used in this chapter, (1) "municipality" means a town, city, 94
131	135		consolidated town and city or consolidated town and borough; (2) 95
132	136		"legislative body" means (A) the board of selectmen in a town that 96
133	137		does not have a charter, special act or home rule ordinance relating to 97
134	138		its government or (B) the council, board of aldermen, representative 98
135	139		town meeting, board of selectmen or other elected legislative body 99
136	140		described in a charter, special act or home rule ordinance relating to 100
137	141		government in a city, consolidated town and city, consolidated town 101
138	142		and borough or a town having a charter, special act, consolidation 102
139	143		ordinance or home rule ordinance relating to its government; (3) 103
140	144		"development agency" means the agency designated by a municipality 104
141	145		under section 8-188 through which the municipality may exercise the 105
142	146		powers granted under this chapter; (4) "development project" means a 106
143	147		project conducted by a municipality for the assembly, improvement 107
144	148		and disposition of land or buildings or both to be used principally for 108
145	149		industrial or business purposes and includes vacated commercial 109
146	150		plants; (5) "vacated commercial plants" means buildings formerly used 110
147	151		principally for business or industrial purposes of which more than fifty 111
148	152		per cent of the usable floor space is, or which it is anticipated, within 112
	153	+	Committee Bill No. 5123
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	155	+
	156	+	LCO No. 6632 5 of 13
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149	158		eighteen months, shall be, unused or substantially underutilized; (6) 113
150	159		"project area" means the area within which the development project is 114
151	160		located; (7) "commissioner" means the Commissioner of Economic and 115
152	161		Community Development; (8) "planning commission" means the 116
153		-	planning and zoning commission designated pursuant to section 8-4a 117 Substitute Bill No. 5123
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	162	+	planning and zoning commission designated pursuant to section 8-4a 117
160	163		or the planning commission created pursuant to section 8-19; (9) "real 118
161	164		property" means land, subterranean or subsurface rights, structures, 119
162	165		any and all easements, air rights and franchises and every estate, right 120
163	166		or interest therein; and (10) "business purpose" includes, but is not 121
164	167		limited to, any commercial, financial or retail enterprise, [and includes] 122
165	168		including any enterprise which promotes tourism, [and] but excludes 123
166		-	any ~~real~~ property that produces income ~~for~~ a private entity. 124
	169	+	any property that produces income to a private entity. 124
167	170		Sec. 6. Subsection (a) of section 8-189 of the general statutes is 125
168	171		repealed and the following is substituted in lieu thereof (Effective 126
169	172		October 1, 2019, and applicable to property acquired on or after October 1, 127
170	173		2019): 128
171	174		(a) The development agency may initiate a development project by 129
172	175		preparing a project plan in accordance with regulations adopted by the 130
173	176		commissioner pursuant to section 8-198. The project plan shall meet an 131
174	177		identified public need and include: (1) A legal description of the land 132
175	178		within the project area; (2) a description of the present condition and 133
176	179		uses of such land or building; (3) a description of the process utilized 134
177	180		by the agency to prepare the plan and a description of alternative 135
178	181		approaches considered to achieve project objectives; (4) a description 136
179	182		of the types and locations of land uses or building uses proposed for 137
180	183		the project area; (5) a description of the types and locations of present 138
181	184		and proposed streets, sidewalks and sanitary, utility and other 139
182	185		facilities and the types and locations of other proposed site 140
183	186		improvements; (6) statements of the present and proposed zoning 141
184	187		classification and subdivision status of the project area and the areas 142
185	188		adjacent to the project area; (7) a plan for relocating project-area 143
186	189		occupants; (8) a financing plan; (9) an administrative plan; (10) a 144
187	190		marketability and proposed land-use study or building use study if 145
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188	196		required by the commissioner; (11) appraisal reports and title searches; 146
189	197		(12) a description of the public benefits of the project including, but not 147
190	198		limited to, (A) the number of jobs which the development agency 148
191	199		anticipates would be created by the project; (B) the estimated property 149
192		-	tax benefits; (C) the number and types of existing housing units in the 150 Substitute Bill No. 5123
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	200	+	tax benefits; (C) the number and types of existing housing units in the 150
199	201		municipality in which the project would be located, and in contiguous 151
200	202		municipalities, which would be available to employees filling such 152
201	203		jobs; (D) a general description of infrastructure improvements, 153
202	204		including public access, facilities or use, that the development agency 154
203	205		anticipates may be needed to implement the development plan; (E) a 155
204	206		general description of the development agency's goals for blight 156
205	207		remediation or, if known, environmental remediation; (F) a general 157
206	208		description of any aesthetic improvements that the development 158
207	209		agency anticipates may be generated by the project; (G) a general 159
208	210		description of the project's intended role in increasing or sustaining 160
209	211		market value of land in the municipality; (H) a general description of 161
210	212		the project's intended role in assisting residents of the municipality to 162
211	213		improve their standard of living; and (I) a general statement of the 163
212	214		project's role in maintaining or enhancing the competitiveness of the 164
213	215		municipality; (13) findings that (A) the land and buildings within the 165
214	216		project area will be used principally for industrial or business 166
215	217		purposes; (B) the plan is in accordance with the plan of conservation 167
216	218		and development for the municipality adopted by its planning 168
217	219		commission under section 8-23, and the plan of development of the 169
218	220		regional council of governments adopted under section 8-35a, if any, 170
219	221		for the region within which the municipality is located; (C) the plan 171
220	222		was prepared giving due consideration to the state plan of 172
221	223		conservation and development adopted under chapter 297 and any 173
222	224		other state-wide planning program objectives of the state or state 174
223	225		agencies as coordinated by the Secretary of the Office of Policy and 175
224	226		Management; and (D) the project will contribute to the economic 176
225	227		welfare of the municipality and the state; and that to carry out and 177
226	228		administer the project, public action under this chapter is required; 178
227	229		and (14) a preliminary statement describing the proposed process for 179
	230	+	Committee Bill No. 5123
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228	235		acquiring each parcel of real property, including findings that (A) 180
229	236		public benefits resulting from the development plan will outweigh any 181
230	237		private benefits; (B) existing use of the real property cannot be feasibly 182
231	238		integrated into the overall development plan for the project; (C) 183
232	239		acquisition by eminent domain is reasonably necessary to successfully 184
233		-	achieve the objectives of such development plan; and (D) the 185 Substitute Bill No. 5123
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240		-	development plan is not for the primary purpose of increasing local 186
241		-	tax revenues or for any purpose that produces income from such real 187
242		-	property for a private entity. Any plan that has been prepared by a 188
	240	+	achieve the objectives of such development plan; and (D) the 185
	241	+	development plan is not for the purpose of producing income from 186
	242	+	such real property to a private entity or for the primary purpose of 187
	243	+	increasing local tax revenues. Any plan that has been prepared by a 188
243	244		redevelopment agency under chapter 130 may be submitted by the 189
244	245		development agency to the legislative body and to the commissioner 190
245	246		for approval in lieu of a plan initiated and prepared in accordance with 191
246	247		this section, provided all other requirements of this chapter for 192
247	248		obtaining the approval of the commissioner of the project plan are 193
248	249		satisfied. 194
249	250		Sec. 7. Subdivision (1) of subsection (i) of section 32-224 of the 195
250	251		general statutes is repealed and the following is substituted in lieu 196
251	252		thereof (Effective October 1, 2019, and applicable to property acquired on or 197
252	253		after October 1, 2019): 198
253	254		(i) (1) The implementing agency may, with the approval of the 199
254	255		legislative body of the municipality, and in the name of the 200
255	256		municipality, condemn in accordance with section 8-128 to 8-133, 201
256	257		inclusive, any real property necessary or appropriate for the project as 202
257	258		identified in the development plan, including real property and 203
258	259		interests in land for rights-of-way and other easements to and from the 204
259	260		project area, except that no real property may be condemned pursuant 205
260		-	to this subsection for the ~~primary~~ purpose of ~~increasing local tax~~ 206
261		-	~~revenue~~ or for ~~any~~ purpose ~~that produces income from such real~~ 207
262		-	~~property for a private entity~~. 208
	261	+	to this subsection for the purpose of producing income from such real 206
	262	+	property to a private entity or for the primary purpose of increasing 207
	263	+	local tax revenue. 208
263	264		Sec. 8. Subsection (a) of section 32-222 of the general statutes is 209
264	265		repealed and the following is substituted in lieu thereof (Effective 210
265	266		October 1, 2019, and applicable to property acquired on or after October 1, 211
	267	+	Committee Bill No. 5123
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	269	+
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266	272		2019): 212
267	273		(a) "Business development project" means a project undertaken by 213
268	274		an eligible applicant involving one or more of the following: 214
269	275		(1) The construction, substantial renovation, improvement or 215
270		-	expansion of a facility; 216 Substitute Bill No. 5123
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	276	+	expansion of a facility; 216
277	277		(2) The acquisition of new machinery and equipment; 217
278		-	(3) The acquisition, other than by condemnation for ~~any~~ purpose 218
279		-	~~that produces~~ income ~~for~~ a private entity, improvement, demolition, 219
	278	+	(3) The acquisition, other than by condemnation for the purpose of 218
	279	+	producing income to a private entity, improvement, demolition, 219
280	280		cultivation or disposition of real property, or combinations thereof, or 220
281	281		the remediation of contaminated real property; 221
282	282		(4) The creation at a facility, within twenty-four months of the 222
283	283		initiation of a hiring program, not less than ten new jobs or an increase 223
284	284		in the number of persons employed at the facility of twenty per cent, 224
285	285		whichever is greater; 225
286	286		(5) Economic diversification of the economy of an area of the state or 226
287	287		manufacturing or other economic base business where such area or 227
288	288		business is substantially reliant upon defense and related industry; 228
289	289		(6) Participation in the avoidance of an imminent plant closing or 229
290	290		relocation by a manufacturing or other economic base business or 230
291	291		assist or improve the economy of an area of the state which has been or 231
292	292		is likely to be significantly and adversely impacted by one or more 232
293	293		major plant closings or relocations; 233
294	294		(7) Support research and development or commercialization of 234
295	295		technologies, products, processes or techniques of a manufacturing or 235
296	296		other economic base business; 236
297	297		(8) Creation or support of organizations and activities specifically 237
298	298		leveraging federal resources that provide technical and engineering 238
299	299		assistance to small manufacturers or other economic base businesses to 239
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300	305		assist them with the design, testing, manufacture and marketing of 240
301	306		new products, the exporting of state products and services, and the 241
302	307		instruction and implementation of new techniques and technologies; 242
303	308		(9) Support of substantial workforce development efforts; 243
304	309		(10) Promotion of community conservation or development or 244
305		-	improvement of the quality of life for urban residents of the state; 245 Substitute Bill No. 5123
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	310	+	improvement of the quality of life for urban residents of the state; 245
312	311		(11) Promotion of the revitalization of underutilized, state-owned 246
313	312		former railroad depots and areas adjacent to such depots; or 247
314	313		(12) Promotion of export activities, including sponsorship of 248
315	314		programs that support exportation, assistance to companies in 249
316	315		accessing federal Department of Commerce services, and provision of 250
317	316		marketing materials and web site improvements for exporters; 251
318	317		Sec. 9. Subsection (b) of section 32-224 of the general statutes is 252
319	318		repealed and the following is substituted in lieu thereof (Effective 253
320	319		October 1, 2019, and applicable to property acquired on or after October 1, 254
321	320		2019): 255
322	321		(b) The implementing agency may initiate a municipal development 256
323	322		project by preparing and submitting a development plan to the 257
324	323		commissioner. Such plan shall meet an identified public need and 258
325	324		include: (1) A legal description of the real property within the 259
326	325		boundaries of the project area; (2) a description of the present 260
327	326		condition and uses of such real property; (3) a description of the 261
328	327		process utilized by the agency to prepare the plan and a description of 262
329	328		alternative approaches considered to achieve project objectives; (4) a 263
330	329		description of the types and locations of land uses or building uses 264
331	330		proposed for the project area; (5) a description of the types and 265
332	331		locations of present and proposed streets, sidewalks and sanitary, 266
333	332		utility and other facilities and the types and locations of other 267
334	333		proposed project improvements; (6) statements of the present and 268
335	334		proposed zoning classification and subdivision status of the project 269
	335	+	Committee Bill No. 5123
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336	340		area and the areas adjacent to the project area; (7) a plan for relocating 270
337	341		project area occupants; (8) a financing plan; (9) an administrative plan; 271
338	342		(10) an environmental analysis, marketability and proposed land use 272
339	343		study, or building use study if required by the commissioner; (11) 273
340	344		appraisal reports and title searches if required by the commissioner; 274
341	345		(12) a description of the public benefit of the project, including, but not 275
342	346		limited to, (A) the number of jobs which the implementing agency 276
343	347		anticipates would be created or retained by the project, (B) the 277
344		-	estimated property tax benefits, (C) the number and types of existing 278 Substitute Bill No. 5123
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350		-
	348	+	estimated property tax benefits, (C) the number and types of existing 278
351	349		housing units in the municipality in which the project would be 279
352	350		located, and in contiguous municipalities, which would be available to 280
353	351		employees filling such jobs, (D) a general description of infrastructure 281
354	352		improvements, including public access, facilities or use, that the 282
355	353		implementing agency anticipates may be needed to implement the 283
356	354		development plan, (E) a general description of the implementing 284
357	355		agency's goals for blight remediation or, if known, environmental 285
358	356		remediation, (F) a general description of any aesthetic improvements 286
359	357		that the implementing agency anticipates may be generated by the 287
360	358		project, (G) a general description of the project's intended role in 288
361	359		increasing or sustaining market value of land in the municipality, (H) a 289
362	360		general description of the project's intended role in assisting residents 290
363	361		of the municipality to improve their standard of living, and (I) a 291
364	362		general statement of the project's role in maintaining or enhancing the 292
365	363		competitiveness of the municipality; (13) a finding that (A) the land 293
366	364		and buildings within the boundaries of the project area will be used 294
367	365		principally for manufacturing or other economic base business 295
368	366		purposes or business support services; (B) the plan is in accordance 296
369	367		with the plan of conservation and development for the municipality, if 297
370	368		any, adopted by its planning commission under section 8-23, and the 298
371	369		plan of development of the regional council of governments adopted 299
372	370		under section 8-35a, if any, for the region within which the 300
373	371		municipality is located; (C) the plan was prepared giving due 301
374	372		consideration to the state plan of conservation and development 302
375	373		adopted under chapter 297 and other state-wide planning program 303
	374	+	Committee Bill No. 5123
	375	+
	376	+
	377	+	LCO No. 6632 11 of 13
	378	+
376	379		objectives of the state or state agencies as coordinated by the Secretary 304
377	380		of the Office of Policy and Management; and (D) the project will 305
378	381		contribute to the economic welfare of the municipality and the state 306
379	382		and that to carry out and administer the project, public action under 307
380	383		sections 32-220 to 32-234, inclusive, is required; and (14) a preliminary 308
381	384		statement describing the proposed process for acquiring each parcel of 309
382	385		real property, including findings that (A) public benefits resulting 310
383	386		from the plan will outweigh any private benefits; (B) existing use of the 311
384	387		real property cannot be feasibly integrated into the overall plan for the 312
385		-	project; (C) acquisition by eminent domain is reasonably necessary to 313 Substitute Bill No. 5123
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391		-
	388	+	project; (C) acquisition by eminent domain is reasonably necessary to 313
392	389		successfully achieve the objectives of such plan; and (D) the plan is not 314
393		-	for the ~~primary~~ purpose of ~~increasing local tax revenues or for any~~ 315
394		-	~~purpose that produces income from such parcel~~ for ~~a private entity~~. 316
395		-	~~The~~ provisions of this subsection with respect to submission of a 317
	390	+	for the purpose of producing income from such parcel to a private 315
	391	+	entity or for the primary purpose of increasing local tax revenues. The 316
	392	+	provisions of this subsection with respect to submission of a 317
396	393		development plan to and approval by the commissioner and with 318
397	394		respect to a finding that the plan was prepared giving due 319
398	395		consideration to the state plan of conservation and development and 320
399	396		state-wide planning program objectives of the state or its agencies shall 321
400	397		not apply to a project for which no financial assistance has been given 322
401	398		and no application for financial assistance is to be made under section 323
402	399		32-223. Any plan that has been prepared under chapters 130, 132 or 324
403	400		588a may be submitted by the implementing agency to the legislative 325
404	401		body of the municipality and to the commissioner in lieu of a plan 326
405	402		initiated and prepared in accordance with this section, provided all 327
406	403		other requirements of sections 32-220 to 32-234, inclusive, for obtaining 328
407	404		the approval of the commissioner of the development plan are 329
408	405		satisfied. Any action taken in connection with the preparation and 330
409	406		adoption of such plan shall be deemed effective to the extent such 331
410	407		action satisfies the requirements of said sections. 332
411	408		This act shall take effect as follows and shall amend the following
412	409		sections:
413	410
	411	+	Committee Bill No. 5123
	412	+
	413	+
	414	+	LCO No. 6632 12 of 13
	415	+
414	416		Section 1 October 1, 2019, and
415	417		applicable to property
416	418		acquired on or after
417	419		October 1, 2019
418	420		8-127a(a)(1)
419	421		Sec. 2 October 1, 2019, and
420	422		applicable to property
421	423		acquired on or after
422	424		October 1, 2019
423	425		8-125(3)
424	426		Sec. 3 October 1, 2019 8-127(b)
425	427		Sec. 4 October 1, 2019, and
426	428		applicable to property
427	429		acquired on or after
428	430		October 1, 2019
429		-	8-193(b)(1) Substitute Bill No. 5123
430		-
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435		-
	431	+	8-193(b)(1)
436	432		Sec. 5 October 1, 2019, and
437	433		applicable to property
438	434		acquired on or after
439	435		October 1, 2019
440	436		8-187
441	437		Sec. 6 October 1, 2019, and
442	438		applicable to property
443	439		acquired on or after
444	440		October 1, 2019
445	441		8-189(a)
446	442		Sec. 7 October 1, 2019, and
447	443		applicable to property
448	444		acquired on or after
449	445		October 1, 2019
450	446		32-224(i)(1)
451	447		Sec. 8 October 1, 2019, and
452	448		applicable to property
453	449		acquired on or after
454	450		October 1, 2019
455	451		32-222(a)
456	452		Sec. 9 October 1, 2019, and
457	453		applicable to property
458	454		acquired on or after
459	455		October 1, 2019
460	456		32-224(b)
461	457
462		-	Statement of Legislative Commissioners:
463		-	In Section 5(10), "any property" was changed to "any real property" for
464		-	accuracy and consistency.
	458	+	Statement of Purpose:
	459	+	To prohibit state and municipal governments from exercising the use
	460	+	of eminent domain for certain commercial purposes.
	461	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	462	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	463	+	not underlined.]
	464	+
	465	+	Co-Sponsors: REP. ZAWISTOWSKI, 61st Dist.; REP. FISHBEIN, 90th Dist.
	466	+	Committee Bill No. 5123
465	467
466	468
467		-	PD Joint Favorable Subst.
	469	+	LCO No. 6632 13 of 13
	470	+
	471	+	REP. FRANCE, 42nd Dist.; SEN. SAMPSON, 16th Dist.
	472	+	REP. LAVIELLE, 143rd Dist.; REP. DELNICKI, 14th Dist.
	473	+
	474	+	H.B. 5123
	475	+
468	476