Connecticut 2019 Regular Session

Connecticut House Bill HB07079 Compare Versions

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Version 2 (New)

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7		-	General Assembly Substitute Bill No. 7079
	4	+	LCO No. 3765 1 of 4
	5	+
	6	+	General Assembly Raised Bill No. 7079
8	7		January Session, 2019
	8	+	LCO No. 3765
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	10	+
	11	+	Referred to Committee on COMMERCE
	12	+
	13	+
	14	+	Introduced by:
	15	+	(CE)
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13		-
14		-	AN ACT CONCERNING TH E MEMBERS AND DUTIES OF THE STATE
15		-	HISTORIC PRESERVATIO N BOARD.
	20	+	AN ACT CONCERNING CH ANGES TO THE STATE HISTORIC
	21	+	PRESERVATION REVIEW BOARD.
16	22		Be it enacted by the Senate and House of Representatives in General
17	23		Assembly convened:
18	24
19	25		Section 1. Section 10-321q of the general statutes is repealed and the 1
20	26		following is substituted in lieu thereof (Effective July 1, 2019): 2
21	27		(a) There is established a State Historic Preservation Review Board, 3
22	28		which board shall serve as and have the powers, duties and 4
23	29		responsibilities of the board established pursuant to 36 CFR S. 61.4 5
24	30		(1978). Said board shall consist of ten members. The members shall be 6
25	31		appointed by the State Historic Preservation Officer designated 7
26	32		pursuant to 36 CFR S. 61.2 (1978), and shall serve for a term of [one 8
27		-	year from July first of each year] three years, except that one-half of 9
28		-	members appointed between July 1, 2019, and June 30, 2020, shall 10
29		-	serve a term of two years. Members may serve additional terms if 11
30		-	reappointed by the State Historic Preservation Officer. 12
31		-	(b) The legislative body of each municipality may appoint a 13
32		-	municipal preservation board, which shall consist of not less than five 14
33		-	nor more than nine members. The members of such municipal board 15
34		-	shall serve from the date of their original appointment until the next 16
35		-	succeeding June thirtieth, and shall thereafter be appointed for a term 17
36		-	of one year from July first of each year. 18 Substitute Bill No. 7079
	33	+	year from July first of each year] three years. Members may serve 9
	34	+	additional terms if reappointed by the State Historic Preservation 10
	35	+	Officer. 11
	36	+	(b) The legislative body of each municipality may appoint a 12
	37	+	municipal preservation board, which shall consist of not less than five 13
	38	+	nor more than nine members. The members of such municipal board 14 Raised Bill No. 7079
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43		-	(c) The State Historic Preservation Officer shall notify the municipal 19
44		-	preservation board or, if there is no board, the chief executive officer of 20
45		-	the municipality, at least [sixty] thirty days prior to the scheduled 21
46		-	consideration by the State Historic Preservation Review Board of the 22
47		-	nomination of property in such municipality to the National Register 23
48		-	of Historic Places. The notification shall be accompanied by all 24
49		-	information on the nomination that is provided to the members of the 25
50		-	State Historic Preservation Review Board for their consideration, 26
51		-	which information shall be available for public inspection. The 27
52		-	municipal board may hold a public hearing in the municipality on the 28
53		-	nomination of any parcel of real property at least fifteen days prior to 29
54		-	the scheduled meeting of the State Historic Preservation Review Board 30
55		-	on such matter and may make recommendations to the State Historic 31
56		-	Preservation Review Board on the nomination of districts containing 32
57		-	two or more parcels of real property located in such municipality. 33
58		-	Notice of the time, place and subject matter of the hearing shall be 34
59		-	published at least once in a newspaper of general circulation in the 35
60		-	municipality not more than fifteen nor less than seven days prior to 36
61		-	such hearing. A copy of the notice shall be sent to the State Historic 37
62		-	Preservation Officer at least ten days prior to such hearing. The State 38
63		-	Historic Preservation Officer or [his] said officer's designee [shall] may 39
64		-	attend the hearing to testify on such nomination and to explain the 40
65		-	consequences of listing in the National Register of Historic Places. In 41
66		-	preparing its recommendation on the nomination, the municipal board 42
67		-	shall consider whether the properties being proposed for nomination 43
68		-	meet the criteria for listing in the National Register of Historic Places, 44
69		-	as set forth in 36 CFR S. [60.6 (1978)] 60.4, and may consider such other 45
70		-	matters as it deems appropriate. The municipal board shall submit its 46
71		-	recommendation, if any, with the reasons for the recommendation, to 47
72		-	the state board not later than seven days prior to the scheduled 48
73		-	consideration of the nomination by the State Historic Preservation 49
74		-	Review Board. The State Historic Preservation Review Board shall 50
75		-	consider the recommendations of a municipal board, if any, before 51
76		-	acting on a nomination if such written recommendation is received by 52
77		-	the State Historic Preservation Officer not later than seven days prior 53 Substitute Bill No. 7079
	42	+	LCO No. 3765 2 of 4
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	44	+	shall serve from the date of their original appointment until the next 15
	45	+	succeeding June thirtieth, and shall thereafter be appointed for a term 16
	46	+	of one year from July first of each year. 17
	47	+	(c) The State Historic Preservation Officer shall notify the municipal 18
	48	+	preservation board or, if there is no board, the chief executive officer of 19
	49	+	the municipality, at least [sixty] thirty days prior to the scheduled 20
	50	+	consideration by the State Historic Preservation Review Board of the 21
	51	+	nomination of property in such municipality to the National Register 22
	52	+	of Historic Places. The notification shall be accompanied by all 23
	53	+	information on the nomination that is provided to the members of the 24
	54	+	State Historic Preservation Review Board for their consideration, 25
	55	+	which information shall be available for public inspection. The 26
	56	+	municipal board may hold a public hearing in the municipality on the 27
	57	+	nomination of any parcel of real property at least fifteen days prior to 28
	58	+	the scheduled meeting of the State Historic Preservation Review Board 29
	59	+	on such matter and may make recommendations to the State Historic 30
	60	+	Preservation Review Board on the nomination of districts containing 31
	61	+	two or more parcels of real property located in such municipality. 32
	62	+	Notice of the time, place and subject matter of the hearing shall be 33
	63	+	published at least once in a newspaper of general circulation in the 34
	64	+	municipality not more than fifteen nor less than seven days prior to 35
	65	+	such hearing. A copy of the notice shall be sent to the State Historic 36
	66	+	Preservation Officer at least ten days prior to such hearing. The State 37
	67	+	Historic Preservation Officer or [his] said officer's designee [shall] may 38
	68	+	attend the hearing to testify on such nomination and to explain the 39
	69	+	consequences of listing in the National Register of Historic Places. In 40
	70	+	preparing its recommendation on the nomination, the municipal board 41
	71	+	shall consider whether the properties being proposed for nomination 42
	72	+	meet the criteria for listing in the National Register of Historic Places, 43
	73	+	as set forth in 36 CFR S. [60.6 (1978)] 60.4, and may consider such other 44
	74	+	matters as it deems appropriate. The municipal board shall submit its 45
	75	+	recommendation, if any, with the reasons for the recommendation, to 46
	76	+	the state board not later than seven days prior to the scheduled 47
	77	+	consideration of the nomination by the State Historic Preservation 48 Raised Bill No. 7079
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84		-	to the scheduled consideration of the nomination by the State Historic 54
85		-	Preservation Review Board. Failure of the municipal board to present 55
86		-	such recommendation shall not prevent the State Historic Preservation 56
87		-	Review Board from acting on any nomination. 57
88		-	Sec. 2. Section 22a-19a of the general statutes is repealed and the 58
89		-	following is substituted in lieu thereof (Effective July 1, 2019): 59
90		-	The provisions of sections 22a-15 to 22a-19, inclusive, shall be 60
91		-	applicable to the unreasonable destruction of historic structures and 61
92		-	landmarks of the state, which shall be those properties (1) listed or 62
93		-	under consideration for listing as individual units on the National 63
94		-	Register of Historic Places (16 USC 470a, as amended) or (2) which are 64
95		-	a part of a district listed or under consideration for listing on said 65
96		-	national register and which have been determined by the State Historic 66
97		-	Preservation Review Board to contribute to the historic significance of 67
98		-	such district. If the plaintiff in any such action cannot make a prima 68
99		-	facie showing that the conduct of the defendant, acting alone or in 69
100		-	combination with others, has or is likely unreasonably to destroy the 70
101		-	public trust in such historic structures or landmarks, the court shall tax 71
102		-	all costs for the action to the plaintiff. 72
	81	+	LCO No. 3765 3 of 4
	82	+
	83	+	Review Board. The State Historic Preservation Review Board shall 49
	84	+	consider the recommendations of a municipal board, if any, before 50
	85	+	acting on a nomination if such written recommendation is received by 51
	86	+	the State Historic Preservation Officer not later than seven days prior 52
	87	+	to the scheduled consideration of the nomination by the State Historic 53
	88	+	Preservation Review Board. Failure of the municipal board to present 54
	89	+	such recommendation shall not prevent the State Historic Preservation 55
	90	+	Review Board from acting on any nomination. 56
	91	+	Sec. 2. Section 22a-19a of the general statutes is repealed and the 57
	92	+	following is substituted in lieu thereof (Effective July 1, 2019): 58
	93	+	The provisions of sections 22a-15 to 22a-19, inclusive, shall be 59
	94	+	applicable to the unreasonable destruction of historic structures and 60
	95	+	landmarks of the state, which shall be those properties (1) listed or 61
	96	+	under consideration for listing as individual units on the National 62
	97	+	Register of Historic Places (16 USC 470a, as amended) or (2) which are 63
	98	+	a part of a district listed or under consideration for listing on said 64
	99	+	national register and which have been determined by the State Historic 65
	100	+	Preservation Review Board to contribute to the historic significance of 66
	101	+	such district. If the plaintiff in any such action cannot make a prima 67
	102	+	facie showing that the conduct of the defendant, acting alone or in 68
	103	+	combination with others, has or is likely unreasonably to destroy the 69
	104	+	public trust in such historic structures or landmarks, the court shall tax 70
	105	+	all costs for the action to the plaintiff. 71
103	106		This act shall take effect as follows and shall amend the following
104	107		sections:
105	108
106	109		Section 1 July 1, 2019 10-321q
107	110		Sec. 2 July 1, 2019 22a-19a
108	111
109		-	CE Joint Favorable Subst.
	112	+	Statement of Purpose:
	113	+	To (1) increase State Historic Preservation Review Board members'
	114	+	terms from one year to three years; (2) decrease the notice period
	115	+	required for notification of a municipal preservation board or a
	116	+	municipality's chief executive officer that a property is nominated to
	117	+	the National Register of Historic Places from sixty days to thirty days; Raised Bill No. 7079
	118	+
	119	+
	120	+
	121	+	LCO No. 3765 4 of 4
	122	+
	123	+	(3) eliminate the requirement that the State Historic Preservation
	124	+	Officer attend municipal hearings regarding nominations to the
	125	+	National Register of Historic Places; and (4) change the board's name
	126	+	from the State Historic Preservation Board to the State Historic
	127	+	Preservation Review Board.
	128	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	129	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	130	+	not underlined.]
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