Connecticut 2019 Regular Session

Connecticut House Bill HB07361 Compare Versions

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Version 2 (New)

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	7	+	General Assembly Substitute Bill No. 7361
	8	+	January Session, 2019
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4		-	Substitute House Bill No. 7361
5		-
6		-	Public Act No. 19-185
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9		-	AN ACT CONCERNING TH E ADOPTION OF MASTER PLANS BY
10		-	~~TAX~~ INCREMENT DISTRICTS.
	14	+	AN ACT CONCERNING TH E ADOPTION OF MASTER PLANS BY TAX
	15	+	INCREMENT DISTRICTS.
11	16		Be it enacted by the Senate and House of Representatives in General
12	17		Assembly convened:
13	18
14		-	Section 1. Section 7-339ee of the general statutes is repealed and the
15		-	following is substituted in lieu thereof (Effective October 1, 2019):
16		-	Prior to the establishment of a tax increment district and approval of
17		-	a district master plan for such tax increment district, the municipal
18		-	legislative body or the board of selectmen in the case of a municipality
19		-	in which the legislative body is a town meeting shall (1) consider
20		-	whether the proposed tax increment district and district master plan
21		-	will contribute to the economic growth or well-being of the
22		-	municipality or to the betterment of the health, welfare or safety of the
23		-	inhabitants of the municipality; (2) [at least ninety days prior to
24		-	establishing a tax increment district and approving the district master
25		-	plan for such tax increment district,] transmit the district master plan
26		-	to the planning commission or combined planning and zoning
27		-	commission of the municipality, [if any] as applicable, requesting a
28		-	study of the district master plan and a written advisory opinion. Such
29		-	written advisory opinion shall include a determination on whether the
30		-	plan is consistent with the plan of conservation and development of
31		-	the municipality adopted under section 8-23; (3) hold at least one Substitute House Bill No. 7361
	19	+	Section 1. Section 7-339ee of the general statutes is repealed and the 1
	20	+	following is substituted in lieu thereof (Effective October 1, 2019): 2
	21	+	Prior to the establishment of a tax increment district and approval of 3
	22	+	a district master plan for such tax increment district, the municipal 4
	23	+	legislative body or the board of selectmen in the case of a municipality 5
	24	+	in which the legislative body is a town meeting shall (1) consider 6
	25	+	whether the proposed tax increment district and district master plan 7
	26	+	will contribute to the economic growth or well-being of the 8
	27	+	municipality or to the betterment of the health, welfare or safety of the 9
	28	+	inhabitants of the municipality; (2) [at least ninety days prior to 10
	29	+	establishing a tax increment district and approving the district master 11
	30	+	plan for such tax increment district,] transmit the district master plan 12
	31	+	to the planning commission or combined planning and zoning 13
	32	+	commission of the municipality, [if any] as applicable, requesting a 14
	33	+	study of the district master plan and a written advisory opinion. Such 15
	34	+	written advisory opinion shall include a determination on whether the 16
	35	+	plan is consistent with the plan of conservation and development of 17
	36	+	the municipality adopted under section 8-23; (3) hold at least one 18
	37	+	public hearing on the proposal to establish a tax increment district. 19 Substitute Bill No. 7361
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33		-	Public Act No. 19-185 2 of 4
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35		-	public hearing on the proposal to establish a tax increment district.
36		-	Notice of the hearing shall be published at least ten days prior to the
37		-	hearing in a newspaper having general circulation within the
38		-	municipality and shall include (A) the date, time and place of such
39		-	hearing, and (B) the boundaries of the proposed tax increment district
40		-	by legal description; and (4) determine whether the proposed tax
41		-	increment district meets the following conditions:
42		-	(A) A portion of the real property within a tax increment district
43		-	shall meet at least one of the following criteria: (i) Be a substandard,
44		-	insanitary, deteriorated, deteriorating or blighted area; (ii) be in need
45		-	of rehabilitation, redevelopment or conservation work; or (iii) be
46		-	suitable for industrial, commercial, residential, mixed-use or retail
47		-	uses, downtown development or transit-oriented development; and
48		-	(B) The original assessed value of a proposed tax increment district
49		-	plus the original assessed value of all existing tax increment districts
50		-	within the municipality may not exceed ten per cent of the total value
51		-	of taxable property within the municipality as of October first of the
52		-	year immediately preceding the establishment of the tax increment
53		-	district. Excluded from the calculation in this subdivision is any tax
54		-	increment district established on or after October 1, 2015, that consists
55		-	entirely of contiguous property owned by a single taxpayer. For the
56		-	purpose of this subdivision, "contiguous property" includes a parcel or
57		-	parcels of land divided by a road, power line, railroad line or right-of-
58		-	way. A municipality may not establish a tax increment district if the
59		-	conditions in this subdivision are not met.
60		-	Sec. 2. Section 7-339ff of the general statutes is repealed and the
61		-	following is substituted in lieu thereof (Effective October 1, 2019):
62		-	(a) In connection with the establishment of a tax increment district,
63		-	the legislative body of a municipality shall adopt a district master plan
64		-	for each tax increment district and a statement of the percentage or Substitute House Bill No. 7361
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	44	+	Notice of the hearing shall be published at least ten days prior to the 20
	45	+	hearing in a newspaper having general circulation within the 21
	46	+	municipality and shall include (A) the date, time and place of such 22
	47	+	hearing, and (B) the boundaries of the proposed tax increment district 23
	48	+	by legal description; and (4) determine whether the proposed tax 24
	49	+	increment district meets the following conditions: 25
	50	+	(A) A portion of the real property within a tax increment district 26
	51	+	shall meet at least one of the following criteria: (i) Be a substandard, 27
	52	+	insanitary, deteriorated, deteriorating or blighted area; (ii) be in need 28
	53	+	of rehabilitation, redevelopment or conservation work; or (iii) be 29
	54	+	suitable for industrial, commercial, residential, mixed-use or retail 30
	55	+	uses, downtown development or transit-oriented development; and 31
	56	+	(B) The original assessed value of a proposed tax increment district 32
	57	+	plus the original assessed value of all existing tax increment districts 33
	58	+	within the municipality may not exceed ten per cent of the total value 34
	59	+	of taxable property within the municipality as of October first of the 35
	60	+	year immediately preceding the establishment of the tax increment 36
	61	+	district. Excluded from the calculation in this subdivision is any tax 37
	62	+	increment district established on or after October 1, 2015, that consists 38
	63	+	entirely of contiguous property owned by a single taxpayer. For the 39
	64	+	purpose of this subdivision, "contiguous property" includes a parcel or 40
	65	+	parcels of land divided by a road, power line, railroad line or right-of-41
	66	+	way. A municipality may not establish a tax increment district if the 42
	67	+	conditions in this subdivision are not met. 43
	68	+	Sec. 2. Section 7-339ff of the general statutes is repealed and the 44
	69	+	following is substituted in lieu thereof (Effective October 1, 2019): 45
	70	+	(a) In connection with the establishment of a tax increment district, 46
	71	+	the legislative body of a municipality shall adopt a district master plan 47
	72	+	for each tax increment district and a statement of the percentage or 48
	73	+	stated sum of increased assessed value to be designated as captured 49
	74	+	assessed value in accordance with such plan. [The district master plan 50
	75	+	shall be adopted at the same time that the tax increment district is 51 Substitute Bill No. 7361
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68		-	stated sum of increased assessed value to be designated as captured
69		-	assessed value in accordance with such plan. [The district master plan
70		-	shall be adopted at the same time that the tax increment district is
71		-	established, as part of the tax increment district adoption proceedings
72		-	set forth in sections 7-339cc to 7-339kk, inclusive.] Such legislative
73		-	body shall adopt such plan after receipt of a written advisory opinion
74		-	from the planning commission or combined planning and zoning
75		-	commission of the municipality requested pursuant to section 7-339ee,
76		-	as amended by this act, or ninety days after the date such request was
77		-	made, whichever is earlier.
78		-	(b) The district master plan shall include: (1) The boundaries of the
79		-	tax increment district by legal description; (2) a list of the tax
80		-	identification numbers for all lots or parcels within the tax increment
81		-	district; (3) a description of the present condition and uses of all land
82		-	and buildings within the tax increment district; (4) a description of the
83		-	public facilities, improvements or programs within the tax increment
84		-	district anticipated to be added and financed in whole or in part; (5) a
85		-	description of the industrial, commercial, residential, mixed-use or
86		-	retail improvements, downtown development or transit-oriented
87		-	development within the tax increment district anticipated to be
88		-	financed in whole or in part; (6) a financial plan in accordance with
89		-	subsection (c) of this section; (7) a plan for the proposed maintenance
90		-	and operation of the tax increment district after the planned capital
91		-	improvements are completed; and (8) the maximum duration of the
92		-	tax increment district, which may not exceed a total of fifty tax years
93		-	beginning with the tax year in which the tax increment district is
94		-	established.
95		-	(c) The financial plan for a district master plan shall include: (1) Cost
96		-	estimates for the public improvements and developments anticipated
97		-	in the district master plan; (2) the maximum amount of indebtedness to
98		-	be incurred to implement the district master plan; (3) sources of Substitute House Bill No. 7361
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102		-	anticipated revenues; (4) a description of the terms and conditions of
103		-	any agreements, including any anticipated assessment agreements,
104		-	contracts or other obligations related to the district master plan; (5)
105		-	estimates of increased assessed values of the tax increment district; and
106		-	(6) the portion of the increased assessed values to be applied to the
107		-	district master plan as captured assessed values and resulting tax
108		-	increments in each year of the plan.
109		-	(d) The district master plan may be amended from time to time by
110		-	the legislative body of the municipality. Such legislative body shall
111		-	review the district master plan at least once every ten years after the
112		-	initial approval of the tax increment district and the district master
113		-	plan in order for the tax increment district and the district master plan
114		-	to remain in effect. With respect to any district master plan that
115		-	includes development that is funded in whole or in part by federal
116		-	funds, the provisions of this subsection shall not apply to the extent
117		-	that such provisions are prohibited by federal law.
	82	+	established, as part of the tax increment district adoption proceedings 52
	83	+	set forth in sections 7-339cc to 7-339kk, inclusive.] Such legislative 53
	84	+	body shall adopt such plan after receipt of a written advisory opinion 54
	85	+	from the planning commission or combined planning and zoning 55
	86	+	commission of the municipality requested pursuant to section 7-339ee, 56
	87	+	as amended by this act, or ninety days after the date such request was 57
	88	+	made, whichever is earlier. 58
	89	+	(b) The district master plan shall include: (1) The boundaries of the 59
	90	+	tax increment district by legal description; (2) a list of the tax 60
	91	+	identification numbers for all lots or parcels within the tax increment 61
	92	+	district; (3) a description of the present condition and uses of all land 62
	93	+	and buildings within the tax increment district; (4) a description of the 63
	94	+	public facilities, improvements or programs within the tax increment 64
	95	+	district anticipated to be added and financed in whole or in part; (5) a 65
	96	+	description of the industrial, commercial, residential, mixed-use or 66
	97	+	retail improvements, downtown development or transit-oriented 67
	98	+	development within the tax increment district anticipated to be 68
	99	+	financed in whole or in part; (6) a financial plan in accordance with 69
	100	+	subsection (c) of this section; (7) a plan for the proposed maintenance 70
	101	+	and operation of the tax increment district after the planned capital 71
	102	+	improvements are completed; and (8) the maximum duration of the 72
	103	+	tax increment district, which may not exceed a total of fifty tax years 73
	104	+	beginning with the tax year in which the tax increment district is 74
	105	+	established. 75
	106	+	(c) The financial plan for a district master plan shall include: (1) Cost 76
	107	+	estimates for the public improvements and developments anticipated 77
	108	+	in the district master plan; (2) the maximum amount of indebtedness to 78
	109	+	be incurred to implement the district master plan; (3) sources of 79
	110	+	anticipated revenues; (4) a description of the terms and conditions of 80
	111	+	any agreements, including any anticipated assessment agreements, 81
	112	+	contracts or other obligations related to the district master plan; (5) 82
	113	+	estimates of increased assessed values of the tax increment district; and 83
	114	+	(6) the portion of the increased assessed values to be applied to the 84 Substitute Bill No. 7361
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	121	+	district master plan as captured assessed values and resulting tax 85
	122	+	increments in each year of the plan. 86
	123	+	(d) The district master plan may be amended from time to time by 87
	124	+	the legislative body of the municipality. Such legislative body shall 88
	125	+	review the district master plan at least once every ten years after the 89
	126	+	initial approval of the tax increment district and the district master 90
	127	+	plan in order for the tax increment district and the district master plan 91
	128	+	to remain in effect. With respect to any district master plan that 92
	129	+	includes development that is funded in whole or in part by federal 93
	130	+	funds, the provisions of this subsection shall not apply to the extent 94
	131	+	that such provisions are prohibited by federal law. 95
	132	+	This act shall take effect as follows and shall amend the following
	133	+	sections:
	134	+
	135	+	Section 1 October 1, 2019 7-339ee
	136	+	Sec. 2 October 1, 2019 7-339ff
	137	+
	138	+	PD Joint Favorable Subst.
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