41 | 45 | | provided in section 7-560 of the general statutes; 17 |
---|
42 | 46 | | (6) "Downtown" means a central business district or other 18 |
---|
43 | 47 | | commercial neighborhood area of a community that serves as a center 19 |
---|
44 | 48 | | of socioeconomic interaction in the community, characterized by a 20 |
---|
45 | 49 | | cohesive core of commercial and mixed -use buildings, often 21 |
---|
46 | 50 | | interspersed with civic, religious and residential buildings and public 22 |
---|
47 | 51 | | spaces, that are typically arranged along a main street and intersecting 23 |
---|
48 | 52 | | side streets and served by public infrastructure; 24 |
---|
49 | 53 | | (7) "Member municipality" means (A) any municipality with a 25 |
---|
50 | 54 | | population of seventy thousand or more that opts to join the 26 |
---|
51 | 55 | | Connecticut Municipal Redevelopment Authority in accordance with 27 |
---|
52 | 56 | | section 5 of this act, or (B) any designated tier III or tier IV 28 |
---|
53 | 57 | | municipality. "Member municipality" does not include the city of 29 |
---|
54 | 58 | | Hartford or any municipality that is considered part of the capital 30 |
---|
55 | 59 | | region, as defined in section 32-600 of the general statutes; 31 |
---|
56 | 60 | | (8) "Project" means any or all of the following: (A) The design and 32 |
---|
57 | 61 | | construction of transit-oriented development, as defined in section 33 |
---|
58 | 62 | | 13b-79kk of the general statutes; (B) the creation of housing units 34 |
---|
59 | 63 | | through rehabilitation or new construction; (C) the demolition or 35 |
---|
60 | 64 | | redevelopment of vacant buildings; and (D) development and 36 |
---|
61 | 65 | | redevelopment; 37 |
---|
62 | 66 | | (9) "State-wide transportation investment program" means the 38 |
---|
63 | 67 | | planning document developed and updated at least every four years 39 |
---|
64 | 68 | | by the Department of Transportation in compliance with the 40 |
---|
65 | 69 | | requirements of 23 USC 135, listing all transportation projects in the 41 |
---|
66 | 70 | | state expected to receive federal funding during the four-year period 42 |
---|
67 | 71 | | covered by the program; and 43 |
---|
78 | 81 | | within the boundaries of a member municipality. 48 |
---|
79 | 82 | | Sec. 2. (NEW) (Effective October 1, 2019) (a) There is hereby 49 |
---|
80 | 83 | | established and created a body politic and corporate, constituting a 50 |
---|
81 | 84 | | public instrumentality and political subdivision of the state established 51 |
---|
82 | 85 | | and created for the performance of an essential public and 52 |
---|
83 | 86 | | governmental function, to be known as the Connecticut Municipal 53 |
---|
84 | 87 | | Redevelopment Authority. The authority shall not be construed to be a 54 |
---|
85 | 88 | | department, institution or agency of the state. 55 |
---|
86 | 89 | | (b) The powers of the authority shall be vested in and exercised by a 56 |
---|
87 | 90 | | board of directors, which shall consist of the following members: (1) 57 |
---|
88 | 91 | | Two appointed jointly by the speaker of the House of Representatives 58 |
---|
89 | 92 | | and the president pro tempore of the Senate, one of whom shall be the 59 |
---|
90 | 93 | | chief executive officer of a member municipality in New Haven 60 |
---|
91 | 94 | | County; (2) two appointed jointly by the majority leaders of the House 61 |
---|
92 | 95 | | of Representatives and the Senate, one of whom shall be the chief 62 |
---|
93 | 96 | | executive officer of a member municipality in Hartford County; (3) two 63 |
---|
94 | 97 | | appointed jointly by the minority leaders of the House of 64 |
---|
95 | 98 | | Representatives and the Senate, one of whom shall be the chief 65 |
---|
96 | 99 | | executive officer of a member municipality in Fairfield County; (4) two 66 |
---|
97 | 100 | | appointed by the Governor; and (5) the Secretary of the Office of Policy 67 |
---|
98 | 101 | | and Management, the Labor Commissioner and the Commissioners of 68 |
---|
99 | 102 | | Transportation, Housing and Economic and Community 69 |
---|
100 | 103 | | Development, or their designees, who shall serve as ex-officio, voting 70 |
---|
101 | 104 | | members of the board. 71 |
---|
102 | 105 | | (c) The Governor shall designate the chairperson of the board from 72 |
---|
103 | 106 | | among the members. All initial appointments shall be made not later 73 |
---|
104 | 107 | | than sixty days after the effective date of this section. All members 74 |
---|
105 | 108 | | shall be appointed by the original appointing authority for four-year 75 |
---|
106 | 109 | | terms. Any member of the board shall be eligible for reappointment. 76 |
---|
122 | 124 | | (e) The board of directors shall maintain a record of its proceedings 86 |
---|
123 | 125 | | in such form as it determines, provided such record indicates 87 |
---|
124 | 126 | | attendance and all votes cast by each member. Any appointed member 88 |
---|
125 | 127 | | who fails to attend three consecutive meetings or who fails to attend 89 |
---|
126 | 128 | | fifty per cent of all meetings held during any calendar year shall be 90 |
---|
127 | 129 | | deemed to have resigned from the board. A majority of the members 91 |
---|
128 | 130 | | of the board then in office shall constitute a quorum, and an 92 |
---|
129 | 131 | | affirmative vote by a majority of the members present at a meeting of 93 |
---|
130 | 132 | | the board shall be sufficient for any action taken by the board. No 94 |
---|
131 | 133 | | vacancy in the membership of the board shall impair the right of a 95 |
---|
132 | 134 | | quorum to exercise all the rights and perform all the duties of the 96 |
---|
133 | 135 | | board. Any action taken by the board may be authorized by resolution 97 |
---|
134 | 136 | | at any regular or special meeting and shall take effect immediately 98 |
---|
135 | 137 | | unless otherwise provided in the resolution. The board may delegate 99 |
---|
136 | 138 | | to three or more of its members, or its officers, agents or employees, 100 |
---|
137 | 139 | | such board powers and duties as it may deem proper. 101 |
---|
138 | 140 | | (f) The board of directors shall annually elect one of its members as 102 |
---|
139 | 141 | | a vice-chairperson, and shall elect other of its members as officers, 103 |
---|
140 | 142 | | adopt a budget and bylaws, designate an executive committee, report 104 |
---|
141 | 143 | | semiannually to the appointing authorities with respect to operations, 105 |
---|
142 | 144 | | finances and achievement of its economic development objective, be 106 |
---|
143 | 145 | | accountable to and cooperate with the state whenever the state may 107 |
---|
144 | 146 | | audit the Connecticut Municipal Redevelopment Authority or an 108 |
---|
145 | 147 | | authority development project or at any other time as the state may 109 |
---|
155 | 156 | | of the board of directors, shall appoint an executive director of the 113 |
---|
156 | 157 | | authority who shall be an employee of the authority and paid a salary 114 |
---|
157 | 158 | | prescribed by the members. The executive director shall be the chief 115 |
---|
158 | 159 | | administrative officer of the authority and shall supervise the 116 |
---|
159 | 160 | | administrative affairs and technical activities of the authority in 117 |
---|
160 | 161 | | accordance with the directives of the board. The executive director 118 |
---|
161 | 162 | | shall not be a member of the board. 119 |
---|
162 | 163 | | (h) Each member of the board of directors shall be entitled to 120 |
---|
163 | 164 | | reimbursement for such member's actual and necessary expenses 121 |
---|
164 | 165 | | incurred during the performance of such member's official duties, but 122 |
---|
165 | 166 | | shall receive no compensation for the performance of such duties. 123 |
---|
166 | 167 | | Notwithstanding the provisions of section 2-15 of the general statutes, 124 |
---|
167 | 168 | | no member of the board of directors shall receive mileag e 125 |
---|
168 | 169 | | reimbursement or a transportation allowance for traveling to a meeting 126 |
---|
169 | 170 | | of the board of directors. 127 |
---|
170 | 171 | | (i) Each member of the board of directors of the authority and the 128 |
---|
171 | 172 | | executive director shall execute a surety bond in the penal sum of at 129 |
---|
172 | 173 | | least one hundred thousand dollars, or, in lieu thereof, the chairperson 130 |
---|
173 | 174 | | of the board shall execute a blanket position bond or procure an 131 |
---|
174 | 175 | | equivalent insurance product covering each member, the executive 132 |
---|
175 | 176 | | director and the employees of the authority. Each surety bond or 133 |
---|
176 | 177 | | equivalent insurance product shall be conditioned upon the faithful 134 |
---|
177 | 178 | | performance of the duties of the office or offices covered, issued by an 135 |
---|
178 | 179 | | insurance company authorized to transact business in this state for 136 |
---|
179 | 180 | | surety or such insurance product. The cost of each such bond or 137 |
---|
180 | 181 | | insurance product shall be paid by the authority. 138 |
---|
181 | 182 | | (j) No board member, or member of his or her immediate family, as 139 |
---|
182 | 183 | | defined in section 1-91 of the general statutes, shall have or acquire any 140 |
---|
183 | 184 | | financial interest in (1) any authority development project, or (2) any 141 |
---|
193 | 193 | | (k) The authority shall have perpetual succession and shall adopt 145 |
---|
194 | 194 | | procedures for the conduct of its affairs in accordance with section 4 of 146 |
---|
195 | 195 | | this act. Such succession shall continue as long as the authority has 147 |
---|
196 | 196 | | bonds, notes or other obligations outstanding and until its existence is 148 |
---|
197 | 197 | | terminated by law, provided no such termination shall affect any 149 |
---|
198 | 198 | | outstanding contractual obligation of the authority and the state shall 150 |
---|
199 | 199 | | succeed to the obligations of the authority under any contract. Upon 151 |
---|
200 | 200 | | the termination of the existence of the authority, all its rights and 152 |
---|
201 | 201 | | properties shall pass to and be vested in the state. 153 |
---|
202 | 202 | | Sec. 3. (NEW) (Effective October 1, 2019) (a) The purposes of the 154 |
---|
203 | 203 | | Connecticut Municipal Redevelopment Authority shall be to: (1) 155 |
---|
204 | 204 | | Stimulate economic and transit-oriented development, as defined in 156 |
---|
205 | 205 | | section 13b-79kk of the general statutes, within Connecticut Municipal 157 |
---|
206 | 206 | | Redevelopment Authority development districts; (2) encourage 158 |
---|
207 | 207 | | residential housing development within development districts; (3) 159 |
---|
208 | 208 | | manage facilities through contractual agreement or other legal 160 |
---|
209 | 209 | | instrument; (4) stimulate new investment within development districts 161 |
---|
210 | 210 | | and provide support for the creation of vibrant, multidimensional 162 |
---|
211 | 211 | | downtowns; (5) upon request of the legislative body of a member 163 |
---|
212 | 212 | | municipality in which a development district is located, work with 164 |
---|
213 | 213 | | such municipality to assist in development and redevelopment efforts 165 |
---|
214 | 214 | | to stimulate the economy of such municipality; (6) upon request of the 166 |
---|
215 | 215 | | Secretary of the Office of Policy and Management and with the 167 |
---|
216 | 216 | | approval of the chief executive officer of a member municipality in 168 |
---|
217 | 217 | | which a development district is located, enter into an agreement to 169 |
---|
218 | 218 | | facilitate development or redevelopment within such development 170 |
---|
219 | 219 | | district; (7) encourage development and redevelopment of property 171 |
---|
220 | 220 | | within development districts; (8) engage residents of member 172 |
---|
221 | 221 | | municipalities and other stakeholders in development and 173 |
---|
222 | 222 | | redevelopment efforts; and (9) market and develop development 174 |
---|
246 | | - | with chapter 68 of the general statutes. For the purposes of this 192 |
---|
247 | | - | subdivision, the authority shall not be an employer, as defined in 193 |
---|
248 | | - | subsection (a) of section 5-270 of the general statutes, and for the 194 |
---|
249 | | - | purposes of group welfare benefits and retirement, including, but not 195 |
---|
250 | | - | limited to, those provided under chapter 66 of the general statutes and 196 |
---|
251 | | - | sections 5-257 and 5-259 of the general statutes, the officers and all 197 |
---|
252 | | - | other employees of the authority shall be state employees; and (C) 198 |
---|
253 | | - | engage consultants, attorneys and appraisers as may be necessary or 199 |
---|
254 | | - | desirable to carry out its purposes in accordance with sections 2 to 12, 200 |
---|
255 | | - | inclusive, of this act; 201 |
---|
256 | | - | (7) Acquire, lease, purchase, own, manage, hold and dispose of 202 |
---|
257 | | - | personal property, and lease, convey or deal in or enter into 203 |
---|
258 | | - | agreements with respect to such property on any terms necessary or 204 |
---|
259 | | - | incidental to carrying out the purposes set forth in this section; 205 |
---|
260 | | - | (8) Procure insurance against any liability or loss in connection with 206 |
---|
261 | | - | its property and other assets, in such amounts and from such insurers 207 Substitute Bill No. 7209 |
---|
| 245 | + | with chapter 68 of the general statutes, and the authority shall not be 192 |
---|
| 246 | + | an employer as defined in subsection (a) of section 5-270 of the general 193 |
---|
| 247 | + | statutes; (C) for purposes of group welfare benefits and retirement, 194 |
---|
| 248 | + | including, but not limited to, those provided under chapter 66 of the 195 |
---|
| 249 | + | general statutes and sections 5-257 and 5-259 of the general statutes, 196 |
---|
| 250 | + | the officers and all other employees of the authority shall be state 197 |
---|
| 251 | + | employees; and (D) engage consultants, attorneys and appraisers as 198 |
---|
| 252 | + | may be necessary or desirable to carry out its purposes in accordance 199 |
---|
| 253 | + | with sections 2 to 12, inclusive, of this act; 200 |
---|
| 254 | + | (7) Acquire, lease, purchase, own, manage, hold and dispose of 201 |
---|
| 255 | + | personal property, and lease, convey or deal in or enter into 202 |
---|
| 256 | + | agreements with respect to such property on any terms necessary or 203 |
---|
| 257 | + | incidental to carrying out the purposes set forth in this section; 204 |
---|
| 258 | + | (8) Procure insurance against any liability or loss in connection with 205 Raised Bill No. 7209 |
---|
268 | | - | as it deems desirable and procure insurance for employees; 208 |
---|
269 | | - | (9) Invest any funds not needed for immediate use or disbursement 209 |
---|
270 | | - | in obligations issued or guaranteed by the United States or the state, 210 |
---|
271 | | - | including the Short Term Investment Fund and the Tax-Exempt 211 |
---|
272 | | - | Proceeds Fund, and in other obligations that are legal investments for 212 |
---|
273 | | - | savings banks in this state, and in-time deposits or certificates of 213 |
---|
274 | | - | deposit or other similar banking arrangements secured in such manner 214 |
---|
275 | | - | as the authority determines; 215 |
---|
276 | | - | (10) Enter into such memoranda of agreement as the authority 216 |
---|
277 | | - | deems appropriate to carry out its responsibilities under this section; 217 |
---|
278 | | - | and 218 |
---|
279 | | - | (11) Do all acts and things necessary or convenient to carry out the 219 |
---|
280 | | - | purposes of, and the powers expressly granted by, this section. 220 |
---|
281 | | - | (c) In addition to the powers enumerated in subsection (b) of this 221 |
---|
282 | | - | section, the Connecticut Municipal Redevelopment Authority shall 222 |
---|
283 | | - | have the following powers with respect to authority development 223 |
---|
284 | | - | projects: 224 |
---|
285 | | - | (1) (A) To acquire by gift, purchase, lease or transfer, lands or rights-225 |
---|
286 | | - | in-land and to sell and lease or sublease, as lessor or lessee or sublessor 226 |
---|
287 | | - | or sublessee, any portion of its real property rights, including air space 227 |
---|
288 | | - | above, and enter into related common area maintenance, easement, 228 |
---|
289 | | - | access, support and similar agreements, and own and operate facilities 229 |
---|
290 | | - | associated with authority development projects, provided such activity 230 |
---|
291 | | - | is consistent with all applicable federal tax covenants of the authority; 231 |
---|
292 | | - | (B) to transfer or dispose of any property or interest therein acquired 232 |
---|
293 | | - | by the authority at any time; and (C) to receive and accept aid or 233 |
---|
294 | | - | contributions from any source of money, labor, property or other thing 234 |
---|
295 | | - | of value, to be held, used and applied to carry out the purposes of this 235 |
---|
296 | | - | section, subject to the conditions upon which such grants and 236 |
---|
297 | | - | contributions are made, including, but not limited to, gifts or grants 237 |
---|
298 | | - | from any department, agency or instrumentality of the United States or 238 Substitute Bill No. 7209 |
---|
| 262 | + | LCO No. 4409 8 of 29 |
---|
| 263 | + | |
---|
| 264 | + | its property and other assets, in such amounts and from such insurers 206 |
---|
| 265 | + | as it deems desirable and procure insurance for employees; 207 |
---|
| 266 | + | (9) Invest any funds not needed for immediate use or disbursement 208 |
---|
| 267 | + | in obligations issued or guaranteed by the United States or the state, 209 |
---|
| 268 | + | including the Short Term Investment Fund and the Tax-Exempt 210 |
---|
| 269 | + | Proceeds Fund, and in other obligations that are legal investments for 211 |
---|
| 270 | + | savings banks in this state, and in-time deposits or certificates of 212 |
---|
| 271 | + | deposit or other similar banking arrangements secured in such manner 213 |
---|
| 272 | + | as the authority determines; 214 |
---|
| 273 | + | (10) Enter into such memoranda of understanding as the authority 215 |
---|
| 274 | + | deems appropriate to carry out its responsibilities under this section; 216 |
---|
| 275 | + | and 217 |
---|
| 276 | + | (11) Do all acts and things necessary or convenient to carry out the 218 |
---|
| 277 | + | purposes of, and the powers expressly granted by, this section. 219 |
---|
| 278 | + | (c) In addition to the powers enumerated in subsection (b) of this 220 |
---|
| 279 | + | section, the Connecticut Municipal Redevelopment Authority shall 221 |
---|
| 280 | + | have the following powers with respect to authority development 222 |
---|
| 281 | + | projects: 223 |
---|
| 282 | + | (1) (A) To acquire by gift, purchase, lease or transfer, lands or rights-224 |
---|
| 283 | + | in-land and to sell and lease or sublease, as lessor or lessee or sublessor 225 |
---|
| 284 | + | or sublessee, any portion of its real property rights, including air space 226 |
---|
| 285 | + | above, and enter into related common area maintenance, easement, 227 |
---|
| 286 | + | access, support and similar agreements, and own and operate facilities 228 |
---|
| 287 | + | associated with authority development projects, provided such activity 229 |
---|
| 288 | + | is consistent with all applicable federal tax covenants of the authority; 230 |
---|
| 289 | + | (B) to transfer or dispose of any property or interest therein acquired 231 |
---|
| 290 | + | by the authority at any time; and (C) to receive and accept aid or 232 |
---|
| 291 | + | contributions from any source of money, labor, property or other thing 233 |
---|
| 292 | + | of value, to be held, used and applied to carry out the purposes of this 234 |
---|
| 293 | + | section, subject to the conditions upon which such grants and 235 |
---|
| 294 | + | contributions are made, including, but not limited to, gifts or grants 236 |
---|
| 295 | + | from any department, agency or instrumentality of the United States or 237 Raised Bill No. 7209 |
---|
305 | | - | this state for any purpose consistent with this section, provided (i) the 239 |
---|
306 | | - | authority shall provide opportunity for public comment prior to any 240 |
---|
307 | | - | acquisition, transfer or disposal in accordance with this subdivision, 241 |
---|
308 | | - | and (ii) any land or right-in-land, aid or contribution received by the 242 |
---|
309 | | - | authority under this subdivision shall be subject to the provisions of 243 |
---|
310 | | - | chapter 10 of the general statutes; 244 |
---|
311 | | - | (2) In consultation with the chief executive officer of the 245 |
---|
312 | | - | municipality in which an authority development project is located, and 246 |
---|
313 | | - | after the authority has provided an opportunity for public comment, to 247 |
---|
314 | | - | condemn properties that may be necessary or desirable to effectuate 248 |
---|
315 | | - | the purposes of the authority, in accordance with the provisions of part 249 |
---|
316 | | - | I of chapter 835 of the general statutes; 250 |
---|
317 | | - | (3) To formulate plans for, acquire, finance and develop, lease, 251 |
---|
318 | | - | purchase, construct, reconstruct, repair, improve, expand, extend, 252 |
---|
319 | | - | operate, maintain and market facilities associated with authority 253 |
---|
320 | | - | development projects, provided such activities are consistent with all 254 |
---|
321 | | - | applicable federal tax covenants of the authority; 255 |
---|
322 | | - | (4) To contract and be contracted with, provided if management, 256 |
---|
323 | | - | operating or promotional contracts or agreements or other contracts or 257 |
---|
324 | | - | agreements are entered into with nongovernmental parties with 258 |
---|
325 | | - | respect to property financed with the proceeds of obligations, the 259 |
---|
326 | | - | interest on which is excluded from gross income for federal income 260 |
---|
327 | | - | taxation, the board of directors shall ensure that such contracts or 261 |
---|
328 | | - | agreements are in compliance with the covenants of the authority 262 |
---|
329 | | - | upon which such tax exclusion is conditioned; 263 |
---|
330 | | - | (5) To fix and revise, from time to time, and to charge and collect 264 |
---|
331 | | - | fees, rents and other charges for the use, occupancy or operation of 265 |
---|
332 | | - | authority development projects, and to establish and revise from time 266 |
---|
333 | | - | to time procedures concerning the use, operation and occupancy of 267 |
---|
334 | | - | facilities associated with such projects, including parking rates, rules 268 |
---|
335 | | - | and procedures, provided such arrangements are consistent with all 269 |
---|
336 | | - | applicable federal tax covenants of the authority, and to utilize net 270 Substitute Bill No. 7209 |
---|
| 299 | + | LCO No. 4409 9 of 29 |
---|
| 300 | + | |
---|
| 301 | + | this state for any purpose consistent with this section, provided (i) the 238 |
---|
| 302 | + | authority shall provide opportunity for public comment prior to any 239 |
---|
| 303 | + | acquisition, transfer or disposal in accordance with this subdivision, 240 |
---|
| 304 | + | and (ii) any land or right-in-land, aid or contribution received by the 241 |
---|
| 305 | + | authority under this subdivision shall be subject to the provisions of 242 |
---|
| 306 | + | chapter 10 of the general statutes; 243 |
---|
| 307 | + | (2) In consultation with the chief executive officer of the 244 |
---|
| 308 | + | municipality in which an authority development project is located, and 245 |
---|
| 309 | + | after the authority has provided an opportunity for public comment, to 246 |
---|
| 310 | + | condemn properties that may be necessary or desirable to effectuate 247 |
---|
| 311 | + | the purposes of the authority, in accordance with the provisions of part 248 |
---|
| 312 | + | I of chapter 835 of the general statutes; 249 |
---|
| 313 | + | (3) To formulate plans for, acquire, finance and develop, lease, 250 |
---|
| 314 | + | purchase, construct, reconstruct, repair, improve, expand, extend, 251 |
---|
| 315 | + | operate, maintain and market facilities associated with authority 252 |
---|
| 316 | + | development projects, provided such activities are consistent with all 253 |
---|
| 317 | + | applicable federal tax covenants of the authority; 254 |
---|
| 318 | + | (4) To contract and be contracted with, provided if management, 255 |
---|
| 319 | + | operating or promotional contracts or agreements or other contracts or 256 |
---|
| 320 | + | agreements are entered into with nongovernmental parties with 257 |
---|
| 321 | + | respect to property financed with the proceeds of obligations, the 258 |
---|
| 322 | + | interest on which is excluded from gross income for federal income 259 |
---|
| 323 | + | taxation, the board of directors shall ensure that such contracts or 260 |
---|
| 324 | + | agreements are in compliance with the covenants of the authority 261 |
---|
| 325 | + | upon which such tax exclusion is conditioned; 262 |
---|
| 326 | + | (5) To fix and revise, from time to time, and to charge and collect 263 |
---|
| 327 | + | fees, rents and other charges for the use, occupancy or operation of 264 |
---|
| 328 | + | authority development projects, and to establish and revise from time 265 |
---|
| 329 | + | to time procedures concerning the use, operation and occupancy of 266 |
---|
| 330 | + | facilities associated with such projects, including parking rates, rules 267 |
---|
| 331 | + | and procedures, provided such arrangements are consistent with all 268 |
---|
| 332 | + | applicable federal tax covenants of the authority, and to utilize net 269 Raised Bill No. 7209 |
---|
343 | | - | revenues received by the authority from the operation of such 271 |
---|
344 | | - | facilities, after allowance for operating expenses and other charges 272 |
---|
345 | | - | related to the ownership, operation or financing thereof, for other 273 |
---|
346 | | - | proper purposes of the authority, including, but not limited to, 274 |
---|
347 | | - | funding of operating deficiencies or operating or capital replacement 275 |
---|
348 | | - | reserves for such facilities and related parking facilities, as determined 276 |
---|
349 | | - | to be appropriate by the authority; 277 |
---|
350 | | - | (6) To engage architects, engineers, attorneys, accountants, 278 |
---|
351 | | - | consultants and such other independent professionals as may be 279 |
---|
352 | | - | necessary or desirable to carry out authority development projects; 280 |
---|
353 | | - | (7) To contract for construction, development, concessions and the 281 |
---|
354 | | - | procurement of goods and services, and to establish and modify 282 |
---|
355 | | - | procurement procedures from time to time in accordance with the 283 |
---|
356 | | - | provisions of section 4 of this act to implement the foregoing; 284 |
---|
357 | | - | (8) To borrow money and to issue bonds, notes and other 285 |
---|
358 | | - | obligations of the authority to the extent permitted under section 8 of 286 |
---|
359 | | - | this act, to fund and refund the same and to provide for the rights of 287 |
---|
360 | | - | the holders thereof and to secure the same by pledge of assets, 288 |
---|
361 | | - | revenues and notes; 289 |
---|
362 | | - | (9) To do anything necessary and desirable, including executing 290 |
---|
363 | | - | reimbursement agreements or similar agreements in connection with 291 |
---|
364 | | - | credit facilities, including, but not limited to, letters of credit or policies 292 |
---|
365 | | - | of bond insurance, remarketing agreements and agreements for the 293 |
---|
366 | | - | purpose of moderating interest rate fluctuations, to render any bonds 294 |
---|
367 | | - | to be issued pursuant to section 8 of this act more marketable; and 295 |
---|
368 | | - | (10) To engage in and contract for marketing and promotional 296 |
---|
369 | | - | activities for authority development projects under the operation or 297 |
---|
370 | | - | jurisdiction of the authority. 298 |
---|
371 | | - | (d) The Connecticut Municipal Redevelopment Authority and the 299 |
---|
372 | | - | Capital Region Development Authority, established pursuant to 300 |
---|
373 | | - | chapter 588x of the general statutes, may enter into a memorandum of 301 Substitute Bill No. 7209 |
---|
| 336 | + | LCO No. 4409 10 of 29 |
---|
| 337 | + | |
---|
| 338 | + | revenues received by the authority from the operation of such 270 |
---|
| 339 | + | facilities, after allowance for operating expenses and other charges 271 |
---|
| 340 | + | related to the ownership, operation or financing thereof, for other 272 |
---|
| 341 | + | proper purposes of the authority, including, but not limited to, 273 |
---|
| 342 | + | funding of operating deficiencies or operating or capital replacement 274 |
---|
| 343 | + | reserves for such facilities and related parking facilities, as determined 275 |
---|
| 344 | + | to be appropriate by the authority; 276 |
---|
| 345 | + | (6) To engage architects, engineers, attorneys, accountants, 277 |
---|
| 346 | + | consultants and such other independent professionals as may be 278 |
---|
| 347 | + | necessary or desirable to carry out authority development projects; 279 |
---|
| 348 | + | (7) To contract for construction, development, concessions and the 280 |
---|
| 349 | + | procurement of goods and services, and to establish and modify 281 |
---|
| 350 | + | procurement procedures from time to time in accordance with the 282 |
---|
| 351 | + | provisions of section 4 of this act to implement the foregoing; 283 |
---|
| 352 | + | (8) To borrow money and to issue bonds , notes and other 284 |
---|
| 353 | + | obligations of the authority to the extent permitted under section 8 of 285 |
---|
| 354 | + | this act, to fund and refund the same and to provide for the rights of 286 |
---|
| 355 | + | the holders thereof and to secure the same by pledge of assets, 287 |
---|
| 356 | + | revenues and notes; 288 |
---|
| 357 | + | (9) To do anything necessary and desirable, including executing 289 |
---|
| 358 | + | reimbursement agreements or similar agreements in connection with 290 |
---|
| 359 | + | credit facilities, including, but not limited to, letters of credit or policies 291 |
---|
| 360 | + | of bond insurance, remarketing agreements and agreements for the 292 |
---|
| 361 | + | purpose of moderating interest rate fluctuations, to render any bonds 293 |
---|
| 362 | + | to be issued pursuant to section 8 of this act more marketable; and 294 |
---|
| 363 | + | (10) To engage in and contract for marketing and promotional 295 |
---|
| 364 | + | activities for authority development projects under the operation or 296 |
---|
| 365 | + | jurisdiction of the authority. 297 |
---|
| 366 | + | (d) The Connecticut Municipal Redevelopment Authority and the 298 |
---|
| 367 | + | Capital Region Development Authority, established pursuant to 299 |
---|
| 368 | + | chapter 588x of the general statutes, may enter into a memorandum of 300 Raised Bill No. 7209 |
---|
380 | | - | agreement pursuant to which: (1) Administrative support and services, 302 |
---|
381 | | - | including all staff support necessary for the operations of the 303 |
---|
382 | | - | Connecticut Municipal Redevelopment Authority may be provided by 304 |
---|
383 | | - | the Capital Region Development Authority, and (2) provision is made 305 |
---|
384 | | - | for the coordination of management and operational activities that 306 |
---|
385 | | - | may include: (A) Joint procurement and contracting; (B) the sharing of 307 |
---|
386 | | - | services and resources; (C) the coordination of promotional activities; 308 |
---|
387 | | - | and (D) other arrangements designed to enhance revenues, reduce 309 |
---|
388 | | - | operating costs or achieve operating efficiencies. The terms and 310 |
---|
389 | | - | conditions of such memorandum of agreement, including provisions 311 |
---|
390 | | - | with respect to the reimbursement by the Connecticut Municipal 312 |
---|
391 | | - | Redevelopment Authority to the Capital Region Development 313 |
---|
392 | | - | Authority of the costs of such administrative support and services, 314 |
---|
393 | | - | shall be as the Connecticut Municipal Redevelopment Authority and 315 |
---|
394 | | - | the Capital Region Development Authority determine to be 316 |
---|
395 | | - | appropriate. 317 |
---|
396 | | - | (e) The authority shall have the power to negotiate, and, with the 318 |
---|
397 | | - | approval of the Secretary of the Office of Policy and Management, to 319 |
---|
398 | | - | enter into an agreement with any private developer, owner or lessee of 320 |
---|
399 | | - | any building or improvement located on land in a development 321 |
---|
400 | | - | district providing for payments to the authority in lieu of real property 322 |
---|
401 | | - | taxes. Such an agreement shall be made a condition of any private 323 |
---|
402 | | - | right of development within the development district, and shall 324 |
---|
403 | | - | include a requirement that such private developer, owner or lessee 325 |
---|
404 | | - | make good faith efforts to hire, or cause to be hired, available and 326 |
---|
405 | | - | qualified minority business enterprises, as defined in section 4a-60g of 327 |
---|
406 | | - | the general statutes, to provide construction services and materials for 328 |
---|
407 | | - | improvements to be constructed within the development district in an 329 |
---|
408 | | - | effort to achieve a minority business enterprise utilization goal of ten 330 |
---|
409 | | - | per cent of the total costs of construction services and materials for 331 |
---|
410 | | - | such improvements. Such payments to the authority in lieu of real 332 |
---|
411 | | - | property taxes shall have the same lien and priority, and may be 333 |
---|
412 | | - | enforced by the authority in the same manner, as provided for 334 |
---|
413 | | - | municipal real property taxes. Such payments as received by the 335 Substitute Bill No. 7209 |
---|
| 372 | + | LCO No. 4409 11 of 29 |
---|
| 373 | + | |
---|
| 374 | + | understanding pursuant to which: (1) Administrative support and 301 |
---|
| 375 | + | services, including all staff support necessary for the operations of the 302 |
---|
| 376 | + | Connecticut Municipal Redevelopment Authority may be provided by 303 |
---|
| 377 | + | the Capital Region Development Authority, and (2) provision is made 304 |
---|
| 378 | + | for the coordination of management and operational activities that 305 |
---|
| 379 | + | may include: (A) Joint procurement and contracting; (B) the sharing of 306 |
---|
| 380 | + | services and resources; (C) the coordination of promotional activities; 307 |
---|
| 381 | + | and (D) other arrangements designed to enhance revenues, reduce 308 |
---|
| 382 | + | operating costs or achieve operating efficiencies. The terms and 309 |
---|
| 383 | + | conditions of such memorandum of understanding, including 310 |
---|
| 384 | + | provisions with respect to the reimbursement by the Connecticut 311 |
---|
| 385 | + | Municipal Redevelopment Authority to the Capital Region 312 |
---|
| 386 | + | Development Authority of the costs of such administrative support 313 |
---|
| 387 | + | and services, shall be as the Connecticut Municipal Redevelopment 314 |
---|
| 388 | + | Authority and the Capital Region Development Authority determine 315 |
---|
| 389 | + | to be appropriate. 316 |
---|
| 390 | + | (e) The authority shall have the power to negotiate, and, with the 317 |
---|
| 391 | + | approval of the Secretary of the Office of Policy and Management, to 318 |
---|
| 392 | + | enter into an agreement with any private developer, owner or lessee of 319 |
---|
| 393 | + | any building or improvement located on land in a development 320 |
---|
| 394 | + | district providing for payments to the authority in lieu of real property 321 |
---|
| 395 | + | taxes. Such an agreement shall be made a condition of any private 322 |
---|
| 396 | + | right of development within the development district, and shall 323 |
---|
| 397 | + | include a requirement that such private developer, owner or lessee 324 |
---|
| 398 | + | make good faith efforts to hire, or cause to be hired, available and 325 |
---|
| 399 | + | qualified minority business enterprises, as defined in section 4a-60g of 326 |
---|
| 400 | + | the general statutes, to provide construction services and materials for 327 |
---|
| 401 | + | improvements to be constructed within the development district in an 328 |
---|
| 402 | + | effort to achieve a minority business enterprise utilization goal of ten 329 |
---|
| 403 | + | per cent of the total costs of construction services and materials for 330 |
---|
| 404 | + | such improvements. Such payments to the authority in lieu of real 331 |
---|
| 405 | + | property taxes shall have the same lien and priority, and may be 332 |
---|
| 406 | + | enforced by the authority in the same manner, as provided for 333 |
---|
| 407 | + | municipal real property taxes. Such payments as received by the 334 Raised Bill No. 7209 |
---|
420 | | - | authority shall be used to carry out the purposes of the authority set 336 |
---|
421 | | - | forth in subsection (a) of this section. 337 |
---|
422 | | - | (f) Nothing in sections 2 to 12, inclusive, of this act shall be 338 |
---|
423 | | - | construed as limiting the authority of the Connecticut Municipal 339 |
---|
424 | | - | Redevelopment Authority to enter into agreements to facilitate 340 |
---|
425 | | - | development or redevelopment of municipal property or facilities. 341 |
---|
426 | | - | Sec. 4. (NEW) (Effective October 1, 2019) The board of directors of the 342 |
---|
427 | | - | Connecticut Municipal Redevelopment Authority shall adopt written 343 |
---|
428 | | - | procedures, in accordance with the provisions of section 1-121 of the 344 |
---|
429 | | - | general statutes, for: (1) Adopting an annual budget and plan of 345 |
---|
430 | | - | operations, which shall include a requirement of board approval 346 |
---|
431 | | - | before the budget or plan may take effect; (2) hiring, dismissing, 347 |
---|
432 | | - | promoting and compensating employees of the authority, which shall 348 |
---|
433 | | - | include an affirmative action policy and a requirement of board 349 |
---|
434 | | - | approval before a position may be created or a vacancy may be filled; 350 |
---|
435 | | - | (3) acquiring real and personal property and personal services, which 351 |
---|
436 | | - | shall include a requirement of board approval for any nonbudgeted 352 |
---|
437 | | - | expenditure in excess of ten thousand dollars; (4) contracting for 353 |
---|
438 | | - | financial, legal, bond underwriting and other professional services, 354 |
---|
439 | | - | including a requirement that the authority solicit proposals at least 355 |
---|
440 | | - | once every three years for each such service that it uses; (5) issuing and 356 |
---|
441 | | - | retiring bonds, notes and other obligations of the authority; (6) 357 |
---|
442 | | - | providing loans, grants and other financial assistance, which shall 358 |
---|
443 | | - | include eligibility criteria, the application process and the role played 359 |
---|
444 | | - | by the authority's staff and board of directors; and (7) the use of 360 |
---|
445 | | - | surplus funds. 361 |
---|
446 | | - | Sec. 5. (NEW) (Effective October 1, 2019) (a) Any municipality with a 362 |
---|
447 | | - | population of seventy thousand or more as determined by the most 363 |
---|
448 | | - | recent decennial census, except the city of Hartford or any 364 |
---|
449 | | - | municipality that is considered part of the capital region, as defined in 365 |
---|
450 | | - | section 32-600 of the general statutes, may, by certified resolution of 366 |
---|
451 | | - | the legislative body of the municipality, opt to join the Connecticut 367 |
---|
452 | | - | Municipal Redevelopment Authority as a member municipality, 368 Substitute Bill No. 7209 |
---|
| 411 | + | LCO No. 4409 12 of 29 |
---|
| 412 | + | |
---|
| 413 | + | authority shall be used to carry out the purposes of the authority set 335 |
---|
| 414 | + | forth in subsection (a) of this section. 336 |
---|
| 415 | + | (f) Nothing in sections 2 to 12, inclusive, of this act shall be 337 |
---|
| 416 | + | construed as limiting the authority of the Connecticut Municipal 338 |
---|
| 417 | + | Redevelopment Authority to enter into agreements to facilitate 339 |
---|
| 418 | + | development or redevelopment of municipal property or facilities. 340 |
---|
| 419 | + | Sec. 4. (NEW) (Effective October 1, 2019) The board of directors of the 341 |
---|
| 420 | + | Connecticut Municipal Redevelopment Authority shall adopt written 342 |
---|
| 421 | + | procedures, in accordance with the provisions of section 1-121 of the 343 |
---|
| 422 | + | general statutes, for: (1) Adopting an annual budget and plan of 344 |
---|
| 423 | + | operations, which shall include a requirement of board approval 345 |
---|
| 424 | + | before the budget or plan may take effect; (2) hiring, dismissing, 346 |
---|
| 425 | + | promoting and compensating employees of the authority, which shall 347 |
---|
| 426 | + | include an affirmative action policy and a requirement of board 348 |
---|
| 427 | + | approval before a position may be created or a vacancy filled; (3) 349 |
---|
| 428 | + | acquiring real and personal property and personal services, which 350 |
---|
| 429 | + | shall include a requirement of board approval for any nonbudgeted 351 |
---|
| 430 | + | expenditure in excess of ten thousand dollars; (4) contracting for 352 |
---|
| 431 | + | financial, legal, bond underwriting and other professional services, 353 |
---|
| 432 | + | including a requirement that the authority solicit proposals at least 354 |
---|
| 433 | + | once every three years for each such service that it uses; (5) issuing and 355 |
---|
| 434 | + | retiring bonds, notes and other obligations of the authority; (6) 356 |
---|
| 435 | + | providing loans, grants and other financial assistance, which shall 357 |
---|
| 436 | + | include eligibility criteria, the application process and the role played 358 |
---|
| 437 | + | by the authority's staff and board of directors; and (7) the use of 359 |
---|
| 438 | + | surplus funds. 360 |
---|
| 439 | + | Sec. 5. (NEW) (Effective October 1, 2019) (a) Any municipality with a 361 |
---|
| 440 | + | population of seventy thousand or more as determined by the most 362 |
---|
| 441 | + | recent decennial census, except the city of Hartford or any 363 |
---|
| 442 | + | municipality that is considered part of the capital region, as defined in 364 |
---|
| 443 | + | section 32-600 of the general statutes, may, by certified resolution of 365 |
---|
| 444 | + | the legislative body of the municipality, opt to join the Connecticut 366 |
---|
| 445 | + | Municipal Redevelopment Authority as a member mu nicipality, 367 Raised Bill No. 7209 |
---|
459 | | - | provided such municipality holds a public hearing prior to any vote on 369 |
---|
460 | | - | such certified resolution. Any designated tier III or tier IV 370 |
---|
461 | | - | municipality, except the city of Hartford or any municipality that is 371 |
---|
462 | | - | considered part of the capital region as defined in section 32-600 of the 372 |
---|
463 | | - | general statutes, shall be deemed a member municipality. 373 |
---|
464 | | - | (b) The legislative body of each member municipality shall appoint 374 |
---|
465 | | - | an advisory board to serve as liaison to the authority. Such advisory 375 |
---|
466 | | - | board (1) shall include three individuals representing the municipality 376 |
---|
467 | | - | and the chief executive officer of such municipality, who shall serve as 377 |
---|
468 | | - | chairperson of the board, and (2) may include, but need not be limited 378 |
---|
469 | | - | to, representatives from local health or human services organizations, 379 |
---|
470 | | - | local housing organizations, a local school district or education 380 |
---|
471 | | - | organization, and a local business organization. Such advisory board 381 |
---|
472 | | - | shall also include one member of the board of directors of the 382 |
---|
473 | | - | authority, chosen by the chairperson of the board of directors of the 383 |
---|
474 | | - | authority. Each legislative body shall make a good faith effort to 384 |
---|
475 | | - | appoint representatives of minority-owned businesses, advocates for 385 |
---|
476 | | - | walkable communities and members who are geographically, racially, 386 |
---|
477 | | - | socioeconomically and gender diverse. 387 |
---|
478 | | - | (c) Any municipality that opts to join the authority as a member 388 |
---|
479 | | - | municipality or that is deemed a member municipality pursuant to 389 |
---|
480 | | - | subsection (a) of this section shall enter into a memorandum of 390 |
---|
481 | | - | agreement with the authority for the establishment of one or more 391 |
---|
482 | | - | development districts. 392 |
---|
483 | | - | Sec. 6. (NEW) (Effective October 1, 2019) (a) In lieu of the report 393 |
---|
484 | | - | required under section 1-123 of the general statutes, within the first 394 |
---|
485 | | - | ninety days of each fiscal year of the Connecticut Municipal 395 |
---|
486 | | - | Redevelopment Authority, the board of directors of the authority shall 396 |
---|
487 | | - | submit a report to the Governor, the Auditors of Public Accounts and 397 |
---|
488 | | - | the joint standing committee of the General Assembly having 398 |
---|
489 | | - | cognizance of matters relating to finance, revenue and bonding. Such 399 |
---|
490 | | - | report shall include, but not be limited to, the following: (1) A list of all 400 |
---|
491 | | - | bonds issued during the preceding fiscal year, including, for each such 401 Substitute Bill No. 7209 |
---|
| 449 | + | LCO No. 4409 13 of 29 |
---|
| 450 | + | |
---|
| 451 | + | provided such municipality holds a public hearing prior to any vote on 368 |
---|
| 452 | + | such certified resolution. Any designated tier III or tier IV 369 |
---|
| 453 | + | municipality, except the city of Hartford or any municipality that is 370 |
---|
| 454 | + | considered part of the capital region as defined in section 32-600 of the 371 |
---|
| 455 | + | general statutes, shall be deemed a member municipality. 372 |
---|
| 456 | + | (b) The legislative body of each member municipality shall appoint 373 |
---|
| 457 | + | an advisory board to serve as liaison to the authority. Such advisory 374 |
---|
| 458 | + | board (1) shall include three individuals representing the municipality 375 |
---|
| 459 | + | and the chief executive officer of such municipality, who shall serve as 376 |
---|
| 460 | + | chairperson of the board, and (2) may include, but need not be limited 377 |
---|
| 461 | + | to, representatives from local health or human services organizations, 378 |
---|
| 462 | + | local housing organizations, a local school district or education 379 |
---|
| 463 | + | organization, and a local business organization. Such advisory board 380 |
---|
| 464 | + | shall also include one member of the board of directors of the 381 |
---|
| 465 | + | authority, chosen by the chairperson of the board of directors of the 382 |
---|
| 466 | + | authority. Each legislative body shall make a good faith effort to 383 |
---|
| 467 | + | appoint representatives of minority-owned businesses, advocates for 384 |
---|
| 468 | + | walkable communities and members who are geographically, racially, 385 |
---|
| 469 | + | socioeconomically and gender diverse. 386 |
---|
| 470 | + | (c) Any municipality that opts to join the authority as a member 387 |
---|
| 471 | + | municipality or that is deemed a member municipality pursuant to 388 |
---|
| 472 | + | subsection (a) of this section shall enter into a memorandum of 389 |
---|
| 473 | + | agreement with the authority for the establishment of one or more 390 |
---|
| 474 | + | development districts. 391 |
---|
| 475 | + | Sec. 6. (NEW) (Effective October 1, 2019) (a) In lieu of the report 392 |
---|
| 476 | + | required under section 1-123 of the general statutes, within the first 393 |
---|
| 477 | + | ninety days of each fiscal year of the Connecticut Municipal 394 |
---|
| 478 | + | Redevelopment Authority, the board of directors of the authority shall 395 |
---|
| 479 | + | submit a report to the Governor, the Auditors of Public Accounts and 396 |
---|
| 480 | + | the joint standing committee of the General Assembly having 397 |
---|
| 481 | + | cognizance of matters relating to finance, revenue and bonding. Such 398 |
---|
| 482 | + | report shall include, but not be limited to, the following: (1) A list of all 399 |
---|
| 483 | + | bonds issued during the preceding fiscal year, including, for each such 400 Raised Bill No. 7209 |
---|
498 | | - | issue, the financial advisor and underwriters, whether the issue was 402 |
---|
499 | | - | competitive, negotiated or privately placed, and the issue's face value 403 |
---|
500 | | - | and net proceeds; (2) a description of each authority development 404 |
---|
501 | | - | project in which the authority is involved, its location and the amount 405 |
---|
502 | | - | of funds, if any, provided by the authority with respect to the 406 |
---|
503 | | - | construction of such project; (3) a list of all outside individuals and 407 |
---|
504 | | - | firms, including principal and other major stockholders, receiving in 408 |
---|
505 | | - | excess of five thousand dollars as payments for services; (4) a 409 |
---|
506 | | - | comprehensive annual financial report prepared in accordance with 410 |
---|
507 | | - | generally accepted accounting principles for governmental enterprises; 411 |
---|
508 | | - | (5) the cumulative value of all bonds issued, the value of outstanding 412 |
---|
509 | | - | bonds and the amount of the state's contingent liability; (6) the 413 |
---|
510 | | - | affirmative action policy adopted pursuant to section 4 of this act, a 414 |
---|
511 | | - | description of the composition of the workforce of the Connecticut 415 |
---|
512 | | - | Municipal Redevelopment Authority by race, sex and occupation and 416 |
---|
513 | | - | a description of the affirmative action efforts of the authority; and (7) a 417 |
---|
514 | | - | description of planned activities for the current fiscal year. 418 |
---|
515 | | - | (b) The board of directors of the authority shall annually contract 419 |
---|
516 | | - | with a person, firm or corporation for a compliance audit of the 420 |
---|
517 | | - | authority's activities during the preceding authority fiscal year. The 421 |
---|
518 | | - | audit shall determine whether the authority has complied with the 422 |
---|
519 | | - | authority's policies and procedures concerning affirmative action, 423 |
---|
520 | | - | personnel practices, the purchase of goods and services and the use of 424 |
---|
521 | | - | surplus funds. The board shall submit the audit report to the 425 |
---|
522 | | - | Governor, the Auditors of Public Accounts and the joint standing 426 |
---|
523 | | - | committee of the General Assembly having cognizance of matters 427 |
---|
524 | | - | relating to finance, revenue and bonding. 428 |
---|
525 | | - | (c) The board of directors of the authority shall annually contract 429 |
---|
526 | | - | with a firm of certified public accountants to undertake an 430 |
---|
527 | | - | independent financial audit of the Connecticut Municipal 431 |
---|
528 | | - | Redevelopment Authority in accordance with generally accepted 432 |
---|
529 | | - | auditing standards. The board shall submit the audit report to the 433 |
---|
530 | | - | Governor, the Auditors of Public Accounts and the joint standing 434 Substitute Bill No. 7209 |
---|
| 487 | + | LCO No. 4409 14 of 29 |
---|
| 488 | + | |
---|
| 489 | + | issue, the financial advisor and underwriters, whether the issue was 401 |
---|
| 490 | + | competitive, negotiated or privately placed, and the issue's face value 402 |
---|
| 491 | + | and net proceeds; (2) a description of each authority development 403 |
---|
| 492 | + | project in which the authority is involved, its location and the amount 404 |
---|
| 493 | + | of funds, if any, provided by the authority with respect to the 405 |
---|
| 494 | + | construction of such project; (3) a list of all outside individuals and 406 |
---|
| 495 | + | firms, including principal and other major stockholders, receiving in 407 |
---|
| 496 | + | excess of five thousand dollars as payments for services; (4) a 408 |
---|
| 497 | + | comprehensive annual financial report prepared in accordance with 409 |
---|
| 498 | + | generally accepted accounting principles for governmental enterprises; 410 |
---|
| 499 | + | (5) the cumulative value of all bonds issued, the value of outstanding 411 |
---|
| 500 | + | bonds and the amount of the state's contingent liability; (6) the 412 |
---|
| 501 | + | affirmative action policy adopted pursuant to section 4 of this act, a 413 |
---|
| 502 | + | description of the composition of the workforce of the Connecticut 414 |
---|
| 503 | + | Municipal Redevelopment Authority by race, sex and occupation and 415 |
---|
| 504 | + | a description of the affirmative action efforts of the authority; and (7) a 416 |
---|
| 505 | + | description of planned activities for the current fiscal year. 417 |
---|
| 506 | + | (b) The board of directors of the authority shall annually contract 418 |
---|
| 507 | + | with a person, firm or corporation for a compliance audit of the 419 |
---|
| 508 | + | authority's activities during the preceding authority fiscal year. The 420 |
---|
| 509 | + | audit shall determine whether the authority has complied with the 421 |
---|
| 510 | + | authority's policies and procedures concerning affirmative action, 422 |
---|
| 511 | + | personnel practices, the purchase of goods and services and the use of 423 |
---|
| 512 | + | surplus funds. The board shall submit the audit report to the 424 |
---|
| 513 | + | Governor, the Auditors of Public Accounts and the joint standing 425 |
---|
| 514 | + | committee of the General Assembly having cognizance of matters 426 |
---|
| 515 | + | relating to finance, revenue and bonding. 427 |
---|
| 516 | + | (c) The board of directors of the authority shall annually contract 428 |
---|
| 517 | + | with a firm of certified public accountants to undertake an 429 |
---|
| 518 | + | independent financial audit of the Connecticut Municipal 430 |
---|
| 519 | + | Redevelopment Authority in accordance with generally accepted 431 |
---|
| 520 | + | auditing standards. The board shall submit the audit report to the 432 |
---|
| 521 | + | Governor, the Auditors of Public Accounts and the joint standing 433 |
---|
| 522 | + | committee of the General Assembly having cognizance of matters 434 Raised Bill No. 7209 |
---|
537 | | - | committee of the General Assembly having cognizance of matters 435 |
---|
538 | | - | relating to finance, revenue and bonding. 436 |
---|
539 | | - | (d) The authority shall designate a contract compliance officer from 437 |
---|
540 | | - | its staff to monitor compliance of the operations of facilities and 438 |
---|
541 | | - | parking facilities associated with authority development projects that 439 |
---|
542 | | - | are under the management or control of the authority, with (1) the 440 |
---|
543 | | - | provisions of state law applicable to such operations, and (2) 441 |
---|
544 | | - | applicable requirements of contracts entered into by the authority 442 |
---|
545 | | - | relating to set-asides for small contractors and minority business 443 |
---|
546 | | - | enterprises and required efforts to hire available and qualified 444 |
---|
547 | | - | members of minorities, as defined in section 32-9n of the general 445 |
---|
548 | | - | statutes. Each year during the period of operations of facilities 446 |
---|
549 | | - | associated with authority development projects, such officer shall file a 447 |
---|
550 | | - | written report with the authority as to findings and recommendations 448 |
---|
551 | | - | regarding such compliance. 449 |
---|
552 | | - | Sec. 7. (NEW) (Effective October 1, 2019) (a) Any person, including, 450 |
---|
553 | | - | but not limited to, a state or municipal agency, requesting funds from 451 |
---|
554 | | - | the state, including, but not limited to, any authority created by the 452 |
---|
555 | | - | general statutes or any public or special act, with respect to any 453 |
---|
556 | | - | authority development project shall, at the time it makes such request 454 |
---|
557 | | - | for funds from the state, present a full and complete copy of its 455 |
---|
558 | | - | application or request along with any supporting documents or 456 |
---|
559 | | - | exhibits to the authority for its recommendation and to the Secretary of 457 |
---|
560 | | - | the Office of Policy and Management. The Connecticut Municipal 458 |
---|
561 | | - | Redevelopment Authority shall, not later than ninety days after receipt 459 |
---|
562 | | - | of such application or request, prepare and adopt an economic 460 |
---|
563 | | - | development statement summarizing its recommendations with 461 |
---|
564 | | - | respect to such application or request and deliver such statement to the 462 |
---|
565 | | - | state officer, official, employee or agent of the state or authority to 463 |
---|
566 | | - | whom such application or request was made. The recommendations in 464 |
---|
567 | | - | such statement shall include contract provisions regarding 465 |
---|
568 | | - | performance standards, including, but not limited to, project timelines. 466 |
---|
569 | | - | (b) Notwithstanding any provision of the general statutes, public or 467 Substitute Bill No. 7209 |
---|
| 526 | + | LCO No. 4409 15 of 29 |
---|
| 527 | + | |
---|
| 528 | + | relating to finance, revenue and bonding. 435 |
---|
| 529 | + | (d) The authority shall designate a contract compliance officer from 436 |
---|
| 530 | + | its staff to monitor compliance of the operations of facilities and 437 |
---|
| 531 | + | parking facilities associated with authority development projects that 438 |
---|
| 532 | + | are under the management or control of the authority, with (1) the 439 |
---|
| 533 | + | provisions of state law applicable to such operations, and (2) 440 |
---|
| 534 | + | applicable requirements of contracts entered into by the authority 441 |
---|
| 535 | + | relating to set-asides for small contractors and minority business 442 |
---|
| 536 | + | enterprises and required efforts to hire available and qualified 443 |
---|
| 537 | + | members of minorities, as defined in section 32-9n of the general 444 |
---|
| 538 | + | statutes. Each year during the period of operations of facilities 445 |
---|
| 539 | + | associated with authority development projects, such officer shall file a 446 |
---|
| 540 | + | written report with the authority as to findings and recommendations 447 |
---|
| 541 | + | regarding such compliance. 448 |
---|
| 542 | + | Sec. 7. (NEW) (Effective October 1, 2019) (a) Any person, including, 449 |
---|
| 543 | + | but not limited to, a state or municipal agency, requesting funds from 450 |
---|
| 544 | + | the state, including, but not limited to, any authority created by the 451 |
---|
| 545 | + | general statutes or any public or special act, with respect to any 452 |
---|
| 546 | + | authority development project shall, at the time it makes such request 453 |
---|
| 547 | + | for funds from the state, present a full and complete copy of its 454 |
---|
| 548 | + | application or request along with any supporting documents or 455 |
---|
| 549 | + | exhibits to the authority for its recommendation and to the Secretary of 456 |
---|
| 550 | + | the Office of Policy and Management. The Connecticut Municipal 457 |
---|
| 551 | + | Redevelopment Authority shall, not later than ninety days after receipt 458 |
---|
| 552 | + | of such application or request, prepare and adopt an economic 459 |
---|
| 553 | + | development statement summarizing its recommendations with 460 |
---|
| 554 | + | respect to such application or request and deliver such statement to the 461 |
---|
| 555 | + | state officer, official, employee or agent of the state or authority to 462 |
---|
| 556 | + | whom such application or request was made. The recommendations in 463 |
---|
| 557 | + | such statement shall include contract provisions regarding 464 |
---|
| 558 | + | performance standards, including, but not limited to, project timelines. 465 |
---|
| 559 | + | (b) Notwithstanding any provision of the general statutes, public or 466 |
---|
| 560 | + | special acts, any regulation or procedure or any other law, no officer, 467 Raised Bill No. 7209 |
---|
576 | | - | special acts, any regulation or procedure or any other law, no officer, 468 |
---|
577 | | - | official, employee or agent of the state or any authority created by the 469 |
---|
578 | | - | general statutes or any public or special act shall expend any funds on 470 |
---|
579 | | - | any authority development project, unless such officer, official, 471 |
---|
580 | | - | employee or agent has received an economic development statement 472 |
---|
581 | | - | prepared by the Connecticut Municipal Redevelopment Authority 473 |
---|
582 | | - | pursuant to subsection (a) of this section, except that if no such 474 |
---|
583 | | - | statement is received by the ninetieth day after the date of the initial 475 |
---|
584 | | - | application or request for such funds, such funds may be expended. If 476 |
---|
585 | | - | funds are expended pursuant to this subsection in a manner not 477 |
---|
586 | | - | consistent with the recommendations contained in an economic 478 |
---|
587 | | - | development statement for such expenditure, the officer, official, 479 |
---|
588 | | - | employee or agent of the state expending such funds shall respond in 480 |
---|
589 | | - | writing to the authority, providing an explanation of the decision with 481 |
---|
590 | | - | respect to such expenditure. 482 |
---|
591 | | - | (c) The Connecticut Municipal Redevelopment Authority shall 483 |
---|
592 | | - | coordinate the use of all state, municipal and quasi-public agency 484 |
---|
593 | | - | planning and financial resources that are made available for any 485 |
---|
594 | | - | authority development project in which the authority is involved, 486 |
---|
595 | | - | including any resources available from any quasi-public agency. 487 |
---|
596 | | - | (d) All state agencies, departments, boards, commissions and 488 |
---|
597 | | - | councils and all quasi-public agencies shall cooperate with the 489 |
---|
598 | | - | Connecticut Municipal Redevelopment Authority in carrying out the 490 |
---|
599 | | - | purposes enumerated in section 3 of this act. 491 |
---|
600 | | - | Sec. 8. (NEW) (Effective October 1, 2019) (a) The board of directors of 492 |
---|
601 | | - | the Connecticut Municipal Redevelopment Authority is authorized 493 |
---|
602 | | - | from time to time to issue its bonds, notes and other obligations in 494 |
---|
603 | | - | such principal amounts as in the opinion of the board shall be 495 |
---|
604 | | - | necessary to provide sufficient funds for carrying out the purposes set 496 |
---|
605 | | - | forth in section 3 of this act, including the payment, funding or 497 |
---|
606 | | - | refunding of the principal of, or interest or redemption premiums on, 498 |
---|
607 | | - | any bonds, notes and other obligations issued by it, whether the bonds, 499 |
---|
608 | | - | notes or other obligations or interest to be funded or refunded have or 500 Substitute Bill No. 7209 |
---|
| 564 | + | LCO No. 4409 16 of 29 |
---|
| 565 | + | |
---|
| 566 | + | official, employee or agent of the state or any authority created by the 468 |
---|
| 567 | + | general statutes or any public or special act shall expend any funds on 469 |
---|
| 568 | + | any authority development project, unless such officer, official, 470 |
---|
| 569 | + | employee or agent has received an economic development statement 471 |
---|
| 570 | + | prepared by the Connecticut Municipal Redevelopment Authority 472 |
---|
| 571 | + | pursuant to subsection (a) of this section, except that if no such 473 |
---|
| 572 | + | statement is received by the date ninety days from the date of the 474 |
---|
| 573 | + | initial application or request for such funds, such funds may be 475 |
---|
| 574 | + | expended. If funds are expended pursuant to this subsection in a 476 |
---|
| 575 | + | manner not consistent with the recommendations contained in an 477 |
---|
| 576 | + | economic development statement for such expenditure, the officer, 478 |
---|
| 577 | + | official, employee or agent of the state expending such funds shall 479 |
---|
| 578 | + | respond in writing to the authority, providing an explanation of the 480 |
---|
| 579 | + | decision with respect to such expenditure. 481 |
---|
| 580 | + | (c) The Connecticut Municipal Redevelopment Authority shall 482 |
---|
| 581 | + | coordinate the use of all state, municipal and quasi-public agency 483 |
---|
| 582 | + | planning and financial resources that are made available for any 484 |
---|
| 583 | + | authority development project in which the authority is involved, 485 |
---|
| 584 | + | including any resources available from any quasi-public agency. 486 |
---|
| 585 | + | (d) All state agencies, departments, boards, commissions and 487 |
---|
| 586 | + | councils and all quasi-public agencies shall cooperate with the 488 |
---|
| 587 | + | Connecticut Municipal Redevelopment Authority in carrying out the 489 |
---|
| 588 | + | purposes enumerated in section 3 of this act. 490 |
---|
| 589 | + | Sec. 8. (NEW) (Effective October 1, 2019) (a) The board of directors of 491 |
---|
| 590 | + | the Connecticut Municipal Redevelopment Authority is authorized 492 |
---|
| 591 | + | from time to time to issue its bonds, notes and other obligations in 493 |
---|
| 592 | + | such principal amounts as in the opinion of the board shall be 494 |
---|
| 593 | + | necessary to provide sufficient funds for carrying out the purposes set 495 |
---|
| 594 | + | forth in section 3 of this act, including the payment, funding or 496 |
---|
| 595 | + | refunding of the principal of, or interest or redemption premiums on, 497 |
---|
| 596 | + | any bonds, notes and other obligations issued by it, whether the bonds, 498 |
---|
| 597 | + | notes or other obligations or interest to be funded or refunded have or 499 |
---|
| 598 | + | have not become due, the establishment of reserves to secure such 500 Raised Bill No. 7209 |
---|
615 | | - | have not become due, the establishment of reserves to secure such 501 |
---|
616 | | - | bonds, notes and other obligations, loans made by the authority and all 502 |
---|
617 | | - | other expenditures of the authority incident to and necessary or 503 |
---|
618 | | - | convenient to carry out the purposes set forth in section 3 of this act. 504 |
---|
619 | | - | (b) Every issue of bonds, notes or other obligations shall be a 505 |
---|
620 | | - | general obligation of the authority payable out of any moneys or 506 |
---|
621 | | - | revenues of the authority and subject only to any agreements with the 507 |
---|
622 | | - | holders of particular bonds, notes or other obligations pledging any 508 |
---|
623 | | - | particular moneys or revenues. Any such bonds, notes or other 509 |
---|
624 | | - | obligations may be additionally secured by any grant or contributions 510 |
---|
625 | | - | from any department, agency or instrumentality of the United States or 511 |
---|
626 | | - | person or a pledge of any moneys, income or revenues of the authority 512 |
---|
627 | | - | from any source whatsoever. 513 |
---|
628 | | - | (c) Notwithstanding any provision of law, any bonds, notes or other 514 |
---|
629 | | - | obligations issued by the authority pursuant to this section shall be 515 |
---|
630 | | - | fully negotiable within the meaning and for all purposes of title 42a of 516 |
---|
631 | | - | the general statutes. Any such bonds, notes or other obligations shall 517 |
---|
632 | | - | be legal investments for all trust companies, banks, investment 518 |
---|
633 | | - | companies, savings banks, building and loan associations, executors, 519 |
---|
634 | | - | administrators, guardians, conservators, trustees and other fiduciaries 520 |
---|
635 | | - | and pension, profit-sharing and retirement funds. 521 |
---|
| 602 | + | LCO No. 4409 17 of 29 |
---|
| 603 | + | |
---|
| 604 | + | bonds, notes and other obligations, loans made by the authority and all 501 |
---|
| 605 | + | other expenditures of the authority incident to and necessary or 502 |
---|
| 606 | + | convenient to carry out the purposes set forth in section 3 of this act. 503 |
---|
| 607 | + | (b) Every issue of bonds, notes or other obligations shall be a 504 |
---|
| 608 | + | general obligation of the authority payable out of any moneys or 505 |
---|
| 609 | + | revenues of the authority and subject only to any agreements with the 506 |
---|
| 610 | + | holders of particular bonds, notes or other obligations pledging any 507 |
---|
| 611 | + | particular moneys or revenues. Any such bonds, notes or other 508 |
---|
| 612 | + | obligations may be additionally secured by any grant or contributions 509 |
---|
| 613 | + | from any department, agency or instrumentality of the United States or 510 |
---|
| 614 | + | person or a pledge of any moneys, income or revenues of the authority 511 |
---|
| 615 | + | from any source whatsoever. 512 |
---|
| 616 | + | (c) Notwithstanding any other provision of any law, any bonds, 513 |
---|
| 617 | + | notes or other obligations issued by the authority pursuant to this 514 |
---|
| 618 | + | section shall be fully negotiable within the meaning and for all 515 |
---|
| 619 | + | purposes of title 42a of the general statutes. Any such bonds, notes or 516 |
---|
| 620 | + | other obligations shall be legal investments for all trust companies, 517 |
---|
| 621 | + | banks, investment companies, savings banks, building and loan 518 |
---|
| 622 | + | associations, executors, administrators, guardians, conservators, 519 |
---|
| 623 | + | trustees and other fiduciaries and pension, profit-sharing and 520 |
---|
| 624 | + | retirement funds. 521 |
---|
653 | 641 | | |
---|
654 | 642 | | state, and be subject to such terms of redemption, with or without 534 |
---|
655 | 643 | | premium, as such resolution or resolutions may provide. 535 |
---|
656 | 644 | | (e) Bonds, notes or other obligations of the authority may be sold at 536 |
---|
657 | 645 | | public or private sale at such price or prices as the board shall 537 |
---|
658 | 646 | | determine. 538 |
---|
659 | 647 | | (f) Bonds, notes or other obligations of the authority may be 539 |
---|
660 | 648 | | refunded and renewed from time to time as may be determined by 540 |
---|
661 | 649 | | resolution of the board, provided any such refunding or renewal shall 541 |
---|
662 | 650 | | be in conformity with any rights of the holders of such bonds, notes or 542 |
---|
663 | 651 | | other obligations. 543 |
---|
664 | 652 | | (g) Bonds, notes or other obligations of the authority issued under 544 |
---|
665 | 653 | | the provisions of this section shall not be deemed to constitute a debt 545 |
---|
666 | 654 | | or liability of the state or of any political subdivision thereof other than 546 |
---|
667 | 655 | | the authority, or a pledge of the faith and credit of the state or of any 547 |
---|
668 | 656 | | such political subdivision other than the authority, and shall not 548 |
---|
669 | 657 | | constitute bonds or notes issued or guaranteed by the state within the 549 |
---|
670 | 658 | | meaning of section 3-21 of the general statutes, but shall be payable 550 |
---|
671 | 659 | | solely from the funds as provided in this section. All such bonds, notes 551 |
---|
672 | 660 | | or other obligations shall contain on the face thereof a statement to the 552 |
---|
673 | 661 | | effect that neither the state of Connecticut nor any political subdivision 553 |
---|
674 | 662 | | thereof other than the authority shall be obligated to pay the same or 554 |
---|
675 | 663 | | the interest thereof except from revenues or other funds of the 555 |
---|
676 | 664 | | authority and that neither the faith and credit nor the taxing power of 556 |
---|
677 | 665 | | the state of Connecticut or of any political subdivision thereof other 557 |
---|
678 | 666 | | than the authority is pledged to the payment of the principal of, or the 558 |
---|
679 | 667 | | interest on, such bonds, notes or other obligations. 559 |
---|
680 | 668 | | (h) Any resolution or resolutions authorizing the issuance of bonds, 560 |
---|
681 | 669 | | notes or other obligations may contain provisions, except as limited by 561 |
---|
682 | 670 | | existing agreements with the holders of bonds, notes or other 562 |
---|
683 | 671 | | obligations, which shall be a part of the contract with the holders 563 |
---|
684 | 672 | | thereof, as to the following: (1) The pledging of all or any part of the 564 |
---|
691 | 678 | | |
---|
692 | 679 | | principal of and interest on any bonds, notes or other obligations or of 566 |
---|
693 | 680 | | any issue thereof; (2) the pledging of all or part of the assets of the 567 |
---|
694 | 681 | | authority to secure the payment of the principal and interest on any 568 |
---|
695 | 682 | | bonds, notes or other obligations or of any issue thereof; (3) the 569 |
---|
696 | 683 | | establishment of reserves or sinking funds, the making of charges and 570 |
---|
697 | 684 | | fees to provide for the same, and the regulation and disposition 571 |
---|
698 | 685 | | thereof; (4) limitations on the purpose to which the proceeds of sale of 572 |
---|
699 | 686 | | bonds, notes or other obligations may be applied and pledging such 573 |
---|
700 | 687 | | proceeds to secure the payment of the bonds, notes or other 574 |
---|
701 | 688 | | obligations, or of any issues thereof; (5) limitations on the issuance of 575 |
---|
702 | 689 | | additional bonds, notes or other obligations, the terms upon which 576 |
---|
703 | 690 | | additional bonds, bond anticipation notes or other obligations may be 577 |
---|
704 | 691 | | issued and secured, the refunding or purchase of outstanding bonds, 578 |
---|
705 | 692 | | notes or other obligations of the authority; (6) the procedure, if any, by 579 |
---|
706 | 693 | | which the terms of any contract with the holders of any bonds, notes or 580 |
---|
707 | 694 | | other obligations of the authority may be amended or abrogated, the 581 |
---|
708 | 695 | | amount of bonds, notes or other obligations the holders of which must 582 |
---|
709 | 696 | | consent thereto and the manner in which such consent may be given; 583 |
---|
710 | 697 | | (7) limitations on the amount of moneys to be expended by the 584 |
---|
711 | 698 | | authority for operating, administrative or other expenses of the 585 |
---|
712 | 699 | | authority; (8) the vesting in a trustee or trustees of such property, 586 |
---|
713 | 700 | | rights, powers and duties in trust as the authority may determine, 587 |
---|
714 | 701 | | which may include any or all of the rights, powers and duties of any 588 |
---|
715 | 702 | | trustee appointed by the holders of any bonds, notes or other 589 |
---|
716 | 703 | | obligations and limiting or abrogating the right of the holders of any 590 |
---|
717 | 704 | | bonds, notes or other obligations of the authority to appoint a trustee 591 |
---|
718 | 705 | | or limiting the rights, powers and duties of such trustee; (9) provision 592 |
---|
719 | 706 | | for a trust agreement by and between the authority and a corporate 593 |
---|
720 | 707 | | trustee which may be any trust company or bank having the powers of 594 |
---|
721 | 708 | | a trust company within or without the state, which agreement may 595 |
---|
722 | 709 | | provide for the pledging or assigning of any assets or income from 596 |
---|
732 | 718 | | |
---|
733 | 719 | | violation of law. Such agreement may provide for the restriction of the 601 |
---|
734 | 720 | | rights of any individual holder of bonds, notes or other obligations of 602 |
---|
735 | 721 | | the authority. All expenses incurred in carrying out the provisions of 603 |
---|
736 | 722 | | such trust agreement may be treated as a part of the cost of operation 604 |
---|
737 | 723 | | of the authority. The trust agreement may contain any further 605 |
---|
738 | 724 | | provisions which are reasonable to delineate further the respective 606 |
---|
739 | 725 | | rights, duties, safeguards, responsibilities and liabilities of the 607 |
---|
740 | 726 | | authority, individual and collective holders of bonds, notes and other 608 |
---|
741 | 727 | | obligations of the authority and the trustees; (10) covenants to do or 609 |
---|
742 | 728 | | refrain from doing such acts and things as may be necessary or 610 |
---|
743 | 729 | | convenient or desirable in order to better secure any bonds, notes or 611 |
---|
744 | 730 | | other obligations of the authority, or which, in the discretion of the 612 |
---|
745 | 731 | | authority, will tend to make any bonds, notes or other obligations to be 613 |
---|
746 | 732 | | issued more marketable, notwithstanding that such covenants, acts or 614 |
---|
747 | 733 | | things may not be enumerated herein; and (11) any other matters of 615 |
---|
748 | 734 | | like or different character, which in any way affect the security or 616 |
---|
749 | 735 | | protection of the bonds, notes or other obligations. 617 |
---|
750 | 736 | | (i) Any pledge made by the authority of income, revenues or other 618 |
---|
751 | 737 | | property shall be valid and binding from the time the pledge is made. 619 |
---|
752 | 738 | | The income, revenue, such state taxes as the authority shall be entitled 620 |
---|
753 | 739 | | to receive or other property so pledged and thereafter received by the 621 |
---|
754 | 740 | | authority shall immediately be subject to the lien of such pledge 622 |
---|
755 | 741 | | without any physical delivery thereof or further act, and the lien of any 623 |
---|
756 | 742 | | such pledge shall be valid and binding as against all parties having 624 |
---|
757 | 743 | | claims of any kind in tort, contract or otherwise against the authority, 625 |
---|
758 | 744 | | irrespective of whether such parties have notice thereof. 626 |
---|
759 | 745 | | (j) The board of directors of the authority is authorized and 627 |
---|
760 | 746 | | empowered to obtain from any department, agency or instrumentality 628 |
---|
761 | 747 | | of the United States any insurance or guarantee as to, or of or for the 629 |
---|
762 | 748 | | payment or repayment of, interest or principal or both, or any part 630 |
---|
763 | 749 | | thereof, on any bonds, notes or other obligations issued by the 631 |
---|
764 | 750 | | authority pursuant to the provisions of this section and, 632 |
---|
773 | 758 | | whatsoever with respect to any such insurance or guarantee except to 635 |
---|
774 | 759 | | the extent that such action would in any way impair or interfere with 636 |
---|
775 | 760 | | the authority's ability to perform and fulfill the terms of any agreement 637 |
---|
776 | 761 | | made with the holders of the bonds, bond anticipation notes or other 638 |
---|
777 | 762 | | obligations of the authority. 639 |
---|
778 | 763 | | (k) Neither the members of the board of directors of the authority 640 |
---|
779 | 764 | | nor any person executing bonds, notes or other obligations of the 641 |
---|
780 | 765 | | authority issued pursuant to this section shall be liable personally on 642 |
---|
781 | 766 | | such bonds, notes or other obligations or be subject to any personal 643 |
---|
782 | 767 | | liability or accountability by reason of the issuance thereof, nor shall 644 |
---|
783 | 768 | | any director, officer or employee of the authority be personally liable 645 |
---|
784 | 769 | | for damage or injury caused in the performance of such director, 646 |
---|
785 | 770 | | officer or employee's duties and within the scope of employment or 647 |
---|
786 | 771 | | appointment as such director, officer or employee, provided the 648 |
---|
787 | 772 | | conduct of such director, officer or employee was found not to have 649 |
---|
788 | 773 | | been wanton, reckless, wilful or malicious. The authority shall protect, 650 |
---|
789 | 774 | | save harmless and indemnify its directors, officers or employees from 651 |
---|
790 | 775 | | financial loss and expense, including legal fees and costs, if any, arising 652 |
---|
791 | 776 | | out of any claim, demand, suit or judgment by reason of alleged 653 |
---|
792 | 777 | | negligence or alleged deprivation of any person's civil rights or any 654 |
---|
793 | 778 | | other act or omission resulting in damage or injury, if the director, 655 |
---|
794 | 779 | | officer or employee is found to have been acting in the discharge of his 656 |
---|
795 | 780 | | or her duties or within the scope of his or her employment and such 657 |
---|
796 | 781 | | act or omission is found not to have been wanton, reckless, wilful or 658 |
---|
797 | 782 | | malicious. 659 |
---|
798 | 783 | | (l) The board of directors of the authority shall have power to 660 |
---|
799 | 784 | | purchase bonds, notes or other obligations of the authority out of any 661 |
---|
800 | 785 | | funds available for such purpose. The authority may hold, cancel or 662 |
---|
801 | 786 | | resell such bonds, notes or other obligations subject to and in 663 |
---|
802 | 787 | | accordance with agreements with holders of its bonds, notes and other 664 |
---|
803 | 788 | | obligations. 665 |
---|
812 | 796 | | deemed to be trust funds to be held and applied solely as provided in 668 |
---|
813 | 797 | | this section. Any officer with whom, or any bank or trust company 669 |
---|
814 | 798 | | with which, such moneys shall be deposited shall act as trustee of such 670 |
---|
815 | 799 | | moneys and shall hold and apply the same for the purposes of section 671 |
---|
816 | 800 | | 3 of this act, and the resolution authorizing the bonds of any issue or 672 |
---|
817 | 801 | | the trust agreement securing such bonds may provide. 673 |
---|
818 | 802 | | (n) Any holder of bonds, notes or other obligations issued under the 674 |
---|
819 | 803 | | provisions of this section, and the trustee or trustees under any trust 675 |
---|
820 | 804 | | agreement, except to the extent the rights herein given may be 676 |
---|
821 | 805 | | restricted by any resolution authorizing the issuance of or any such 677 |
---|
822 | 806 | | trust agreement securing such bonds, may, either at law or in equity, 678 |
---|
823 | 807 | | by suit, action, mandamus or other proceeding, protect and enforce 679 |
---|
824 | 808 | | any and all rights under the laws of the state or granted under this 680 |
---|
825 | 809 | | section or under such resolution or trust agreement and may enforce 681 |
---|
826 | 810 | | and compel the performance of all duties required by this section or by 682 |
---|
827 | 811 | | such resolution or trust agreement to be performed by the authority or 683 |
---|
828 | 812 | | by any officer, employee or agent of the authority, including the fixing, 684 |
---|
829 | 813 | | charging and collecting of the rates, rents, fees and charges herein 685 |
---|
830 | 814 | | authorized and required by the provisions of such resolution or trust 686 |
---|
831 | 815 | | agreement to be fixed, established and collected. 687 |
---|
832 | 816 | | (o) The authority may make representations and agreements for the 688 |
---|
833 | 817 | | benefit of the holders of any bonds, notes or other obligations of the 689 |
---|
834 | 818 | | state which are necessary or appropriate to ensure the exclusion from 690 |
---|
835 | 819 | | gross income for federal income tax purposes of interest on bonds, 691 |
---|
836 | 820 | | notes or other obligations of the state from taxation under the Internal 692 |
---|
837 | 821 | | Revenue Code of 1986 or any subsequent corresponding internal 693 |
---|
838 | 822 | | revenue code of the United States, as amended from time to time, 694 |
---|
839 | 823 | | including agreement to pay rebates to the federal government of 695 |
---|
840 | 824 | | investment earnings derived from the investment of the proceeds of 696 |
---|
841 | 825 | | the bonds, notes or other obligations of the authority. Any such 697 |
---|
842 | 826 | | agreement may include: (1) A covenant to pay rebates to the federal 698 |
---|
852 | 835 | | until its obligations to the holders or owners of such bonds, notes or 702 |
---|
853 | 836 | | other obligations are finally met and discharged; and (3) provisions to 703 |
---|
854 | 837 | | (A) establish trust and other accounts which may be appropriate to 704 |
---|
855 | 838 | | carry out such representations and agreements, (B) retain fiscal agents 705 |
---|
856 | 839 | | as depositories for such funds and accounts, and (C) provide that such 706 |
---|
857 | 840 | | fiscal agents may act as trustee of such funds and accounts. 707 |
---|
858 | 841 | | Sec. 9. (NEW) (Effective October 1, 2019) The state of Connecticut 708 |
---|
859 | 842 | | does hereby pledge to and agree with the holders of any bonds, notes 709 |
---|
860 | 843 | | and other obligations issued under section 8 of this act and with those 710 |
---|
861 | 844 | | parties who may enter into contracts with the Connecticut Municipal 711 |
---|
862 | 845 | | Redevelopment Authority or its successor agency, that the state will 712 |
---|
863 | 846 | | not limit or alter the rights hereby vested in the authority or in the 713 |
---|
864 | 847 | | holders of any bonds, notes or other obligations of the authority to 714 |
---|
865 | 848 | | which contract assistance is pledged pursuant to this section until such 715 |
---|
866 | 849 | | bonds, notes or obligations, together with the interest thereon, are fully 716 |
---|
867 | 850 | | met and discharged and such contracts are fully performed on the part 717 |
---|
868 | 851 | | of the authority, provided nothing contained herein shall preclude 718 |
---|
869 | 852 | | such limitation or alteration if and when adequate provision shall be 719 |
---|
870 | 853 | | made by law for the protection of the holders of such bonds, notes and 720 |
---|
871 | 854 | | other obligations of the authority or those entering into contracts with 721 |
---|
872 | 855 | | the authority. The authority is authorized to include this pledge and 722 |
---|
873 | 856 | | undertaking for the state in such bonds, notes and other obligations or 723 |
---|
874 | 857 | | contracts. 724 |
---|
875 | 858 | | Sec. 10. (NEW) (Effective October 1, 2019) The state shall protect, save 725 |
---|
876 | 859 | | harmless and indemnify the Connecticut Municipal Redevelopment 726 |
---|
877 | 860 | | Authority and its directors, officers and employees from financial loss 727 |
---|
878 | 861 | | and expenses, including legal fees and costs, if any, arising out of any 728 |
---|
879 | 862 | | claim, demand, suit or judgment based upon any alleged act or 729 |
---|
880 | 863 | | omission of the authority or any such director, officer or employee in 730 |
---|
881 | 864 | | connection with, or any other legal challenge to, au thority 731 |
---|
940 | 921 | | Sec. 13. Subdivision (12) of section 1-79 of the general statutes is 778 |
---|
941 | 922 | | repealed and the following is substituted in lieu thereof (Effective 779 |
---|
942 | 923 | | October 1, 2019): 780 |
---|
943 | 924 | | (12) "Quasi-public agency" means Connecticut Innovations, 781 |
---|
944 | 925 | | Incorporated, the Connecticut Health and Education Facilities 782 |
---|
945 | 926 | | Authority, the Connecticut Higher Education Supplemental Loan 783 |
---|
946 | 927 | | Authority, the Connecticut Student Loan Foundation, the Connecticut 784 |
---|
947 | 928 | | Housing Finance Authority, the State Housing Authority, the Materials 785 |
---|
948 | 929 | | Innovation and Recycling Authority, the Capital Region Development 786 |
---|
949 | 930 | | Authority, the Connecticut Lottery Corporation, the Connecticut 787 |
---|
950 | 931 | | Airport Authority, the Connecticut Health Insurance Exchange, the 788 |
---|
951 | 932 | | Connecticut Green Bank, the Connecticut Retirement Security 789 |
---|
952 | 933 | | Authority, the Connecticut Port Authority, the Connecticut Municipal 790 |
---|
953 | 934 | | Redevelopment Authority and the State Education Resource Center. 791 |
---|
954 | 935 | | Sec. 14. Subdivision (1) of section 1-120 of the general statutes is 792 |
---|
955 | 936 | | repealed and the following is substituted in lieu thereof (Effective 793 |
---|
956 | 937 | | October 1, 2019): 794 |
---|
968 | 948 | | Materials Innovation and Recycling Authority, the Capital Region 800 |
---|
969 | 949 | | Development Authority, the Connecticut Lottery Corporation, the 801 |
---|
970 | 950 | | Connecticut Airport Authority, the Connecticut Health Insurance 802 |
---|
971 | 951 | | Exchange, the Connecticut Green Bank, the Connecticut Retirement 803 |
---|
972 | 952 | | Security Authority, the Connecticut Port Authority, the Connecticut 804 |
---|
973 | 953 | | Municipal Redevelopment Authority and the State Education Resource 805 |
---|
974 | 954 | | Center. 806 |
---|
975 | 955 | | Sec. 15. Section 1-124 of the general statutes is repealed and the 807 |
---|
976 | 956 | | following is substituted in lieu thereof (Effective October 1, 2019): 808 |
---|
977 | 957 | | (a) Connecticut Innovations, Incorporated, the Connecticut Health 809 |
---|
978 | 958 | | and Educational Facilities Authority, the Connecticut Higher 810 |
---|
979 | 959 | | Education Supplemental Loan Authority, the Connecticut Student 811 |
---|
980 | 960 | | Loan Foundation, the Connecticut Housing Finance Authority, the 812 |
---|
981 | 961 | | Connecticut Housing Authority, the Materials Innovation and 813 |
---|
982 | 962 | | Recycling Authority, the Connecticut Airport Authority, the Capital 814 |
---|
983 | 963 | | Region Development Authority, the Connecticut Health Insurance 815 |
---|
984 | 964 | | Exchange, the Connecticut Green Bank, the Connecticut Retirement 816 |
---|
985 | 965 | | Security Authority, the Connecticut Port Authority, the Connecticut 817 |
---|
986 | 966 | | Municipal Redevelopment Authority and the State Education Resource 818 |
---|
987 | 967 | | Center shall not borrow any money or issue any bonds or notes which 819 |
---|
988 | 968 | | are guaranteed by the state of Connecticut or for which there is a 820 |
---|
989 | 969 | | capital reserve fund of any kind which is in any way contributed to or 821 |
---|
990 | 970 | | guaranteed by the state of Connecticut until and unless such 822 |
---|
991 | 971 | | borrowing or issuance is approved by the State Treasurer or the 823 |
---|
992 | 972 | | Deputy State Treasurer appointed pursuant to section 3-12. The 824 |
---|
993 | 973 | | approval of the State Treasurer or said deputy shall be based on 825 |
---|
994 | 974 | | documentation provided by the authority that it has sufficient 826 |
---|
995 | 975 | | revenues to (1) pay the principal of and interest on the bonds and notes 827 |
---|
1008 | 987 | | (b) To the extent Connecticut Innovations, Incorporated, the 834 |
---|
1009 | 988 | | Connecticut Higher Education Supplemental Loan Authority, the 835 |
---|
1010 | 989 | | Connecticut Student Loan Foundation, the Connecticut Housing 836 |
---|
1011 | 990 | | Finance Authority, the Connecticut Housing Authority, the Materials 837 |
---|
1012 | 991 | | Innovation and Recycling Authority, the Connecticut Health and 838 |
---|
1013 | 992 | | Educational Facilities Authority, the Connecticut Airport Authority, 839 |
---|
1014 | 993 | | the Capital Region Development Authority, the Connecticut Health 840 |
---|
1015 | 994 | | Insurance Exchange, the Connecticut Green Bank, the Connecticut 841 |
---|
1016 | 995 | | Retirement Security Authority, the Connecticut Port Authority, the 842 |
---|
1017 | 996 | | Connecticut Municipal Redevelopment Authority or the State 843 |
---|
1018 | 997 | | Education Resource Center is permitted by statute and determines to 844 |
---|
1019 | 998 | | exercise any power to moderate interest rate fluctuations or enter into 845 |
---|
1020 | 999 | | any investment or program of investment or contract respecting 846 |
---|
1021 | 1000 | | interest rates, currency, cash flow or other similar agreement, 847 |
---|
1022 | 1001 | | including, but not limited to, interest rate or currency swap 848 |
---|
1023 | 1002 | | agreements, the effect of which is to subject a capital reserve fund 849 |
---|
1024 | 1003 | | which is in any way contributed to or guaranteed by the state of 850 |
---|
1025 | 1004 | | Connecticut, to potential liability, such determination shall not be 851 |
---|
1026 | 1005 | | effective until and unless the State Treasurer or his or her deputy 852 |
---|
1027 | 1006 | | appointed pursuant to section 3-12 has approved such agreement or 853 |
---|
1028 | 1007 | | agreements. The approval of the State Treasurer or his or her deputy 854 |
---|
1029 | 1008 | | shall be based on documentation provided by the authority that it has 855 |
---|
1030 | 1009 | | sufficient revenues to meet the financial obligations associated with the 856 |
---|
1031 | 1010 | | agreement or agreements. 857 |
---|
1032 | 1011 | | Sec. 16. Section 1-125 of the general statutes is repealed and the 858 |
---|
1033 | 1012 | | following is substituted in lieu thereof (Effective October 1, 2019): 859 |
---|
1034 | 1013 | | The directors, officers and employees of Connecticut Innovations, 860 |
---|
1048 | 1026 | | the Connecticut Lottery Corporation, the Connecticut Health Insurance 868 |
---|
1049 | 1027 | | Exchange, the Connecticut Green Bank, the Connecticut Retirement 869 |
---|
1050 | 1028 | | Security Authority, the Connecticut Port Authority, the Connecticut 870 |
---|
1051 | 1029 | | Municipal Redevelopment Authority and the State Education Resource 871 |
---|
1052 | 1030 | | Center and any person executing the bonds or notes of the agency shall 872 |
---|
1053 | 1031 | | not be liable personally on such bonds or notes or be subject to any 873 |
---|
1054 | 1032 | | personal liability or accountability by reason of the issuance thereof, 874 |
---|
1055 | 1033 | | nor shall any director or employee of the agency, including ad hoc 875 |
---|
1056 | 1034 | | members of the Materials Innovation and Recycling Authority, be 876 |
---|
1057 | 1035 | | personally liable for damage or injury, not wanton, reckless, wilful or 877 |
---|
1058 | 1036 | | malicious, caused in the performance of his or her duties and within 878 |
---|
1059 | 1037 | | the scope of his or her employment or appointment as such director, 879 |
---|
1060 | 1038 | | officer or employee, including ad hoc members of the Materials 880 |
---|
1061 | 1039 | | Innovation and Recycling Authority. The agency shall protect, save 881 |
---|
1062 | 1040 | | harmless and indemnify its directors, officers or employees, including 882 |
---|
1063 | 1041 | | ad hoc members of the Materials Innovation and Recycling Authority, 883 |
---|
1064 | 1042 | | from financial loss and expense, including legal fees and costs, if any, 884 |
---|
1065 | 1043 | | arising out of any claim, demand, suit or judgment by reason of 885 |
---|
1066 | 1044 | | alleged negligence or alleged deprivation of any person's civil rights or 886 |
---|
1067 | 1045 | | any other act or omission resulting in damage or injury, if the director, 887 |
---|
1068 | 1046 | | officer or employee, including ad hoc members of the Materials 888 |
---|
1069 | 1047 | | Innovation and Recycling Authority, is found to have been acting in 889 |
---|
1070 | 1048 | | the discharge of his or her duties or within the scope of his or her 890 |
---|
1071 | 1049 | | employment and such act or omission is found not to have been 891 |
---|
1072 | 1050 | | wanton, reckless, wilful or malicious. 892 |
---|
1073 | 1051 | | This act shall take effect as follows and shall amend the following |
---|
1074 | 1052 | | sections: |
---|
1099 | | - | Statement of Legislative Commissioners: |
---|
1100 | | - | In Section 2(d), "article XI, section 1, of the state Constitution" was |
---|
1101 | | - | changed to "section 1 of article eleventh of the Constitution of the state" |
---|
1102 | | - | for consistency; in Section 3, "memorandum of understanding" was |
---|
1103 | | - | changed to "memorandum of agreement" for consistency, and the |
---|
1104 | | - | provisions of Subsec. (b)(6) were restructured for clarity and grammar; |
---|
1105 | | - | in Section 7(b), "the date ninety days from" was changed to "the |
---|
1106 | | - | ninetieth day after" for clarity; in Section 11(b), "chief executive office" |
---|
1107 | | - | was changed to "chief executive officer" for accuracy; and in Section 12, |
---|
1108 | | - | "in public act 17-207" was changed to "pursuant to section 31-11ii of the |
---|
1109 | | - | general statutes" for accuracy. |
---|
1110 | | - | |
---|
1111 | | - | PD Joint Favorable Subst. -LCO |
---|
| 1076 | + | Statement of Purpose: |
---|
| 1077 | + | To create the Connecticut Municipal Redevelopment Authority. |
---|
| 1078 | + | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, |
---|
| 1079 | + | except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is |
---|
| 1080 | + | not underlined.] |
---|