15 | | - | Section 1. Section 32-71a of the general statutes is repealed and the |
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16 | | - | following is substituted in lieu thereof (Effective from passage, and |
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17 | | - | applicable to assessment years commencing on and after October 1, 2018): |
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18 | | - | (a) Any electric generating facility, the construction of which is |
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19 | | - | completed after July 1, 1998, may be treated for the purposes of section |
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20 | | - | 32-71 as if it were located in an enterprise zone and used for |
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21 | | - | commercial or retail purposes. Notwithstanding the provisions of |
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22 | | - | section 32-71, upon the approval of a municipality's legislative body, |
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23 | | - | either before or after July 1, 2001, the full amount of either assessments |
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24 | | - | or taxes may be fixed for the real and personal property of such electric |
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25 | | - | generating facility both during and after the construction period, |
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26 | | - | provided such assessments or taxes as so fixed represent an |
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27 | | - | approximation of the projected tax liability of such facility based on a |
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28 | | - | reasonable estimation of its fair market value as determined by the |
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29 | | - | municipality upon the exercise of its best efforts. |
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30 | | - | (b) Any new electric generating facility, the construction of which is Senate Bill No. 527 |
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| 26 | + | Section 1. Section 32-71a of the general statutes is repealed and the 1 |
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| 27 | + | following is substituted in lieu thereof (Effective from passage, and 2 |
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| 28 | + | applicable to assessment years commencing on and after October 1, 2018): 3 |
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| 29 | + | (a) Any electric generating facility, the construction of which is 4 |
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| 30 | + | completed after July 1, 1998, may be treated for the purposes of section 5 |
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| 31 | + | 32-71 as if it were located in an enterprise zone and used for 6 |
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| 32 | + | commercial or retail purposes. Notwithstanding the provisions of 7 |
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| 33 | + | section 32-71, upon the approval of a municipality's legislative body, 8 |
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| 34 | + | either before or after July 1, 2001, the full amount of either assessments 9 |
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| 35 | + | or taxes may be fixed for the real and personal property of such electric 10 |
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| 36 | + | generating facility both during and after the construction period, 11 |
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| 37 | + | provided such assessments or taxes as so fixed represent an 12 |
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| 38 | + | approximation of the projected tax liability of such facility based on a 13 |
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| 39 | + | reasonable estimation of its fair market value as determined by the 14 |
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| 40 | + | municipality upon the exercise of its best efforts. 15 Committee Bill No. 527 |
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34 | | - | completed after July 1, 2003, may be treated for the purposes of section |
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35 | | - | 32-71 as if it were located in an enterprise zone and used for |
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36 | | - | commercial or retail purposes, provided: (1) The owner of such facility |
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37 | | - | has negotiated a tax agreement with the municipality in which such |
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38 | | - | facility would be located; and (2) such agreement has been approved |
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39 | | - | by the municipality's legislative body between January 1, 2002, and |
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40 | | - | February 28, 2002. Notwithstanding the provisions of section 32-71, |
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41 | | - | upon approval of such municipality's legislative body, either before or |
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42 | | - | after June 14, 2002, up to the full amount of either assessments or taxes |
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43 | | - | may be fixed for the real and personal property of such electric |
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44 | | - | generating facility both during and after the construction period, |
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45 | | - | provided such assessments or taxes as so fixed represent an |
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46 | | - | approximation of the commensurate portion of the projected tax |
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47 | | - | liability of such facility based on a reasonable estimation of its fair |
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48 | | - | market value as determined by the municipality upon the exercise of |
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49 | | - | its best efforts. |
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50 | | - | (c) Any new electric generating facility, the construction of which is |
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51 | | - | completed after July 1, 2003, may be treated for the purposes of section |
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52 | | - | 32-71 as if it were located in an enterprise zone and used for |
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53 | | - | commercial or retail purposes, provided the municipality in which |
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54 | | - | such facility is located is under state governance. Notwithstanding the |
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55 | | - | provisions of section 32-71, upon approval of such municipality's |
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56 | | - | legislative body, either before or after June 14, 2002, up to the full |
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57 | | - | amount of either assessments or taxes may be fixed for the real and |
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58 | | - | personal property of such electric generating facility both during and |
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59 | | - | after the construction period, provided such assessments or taxes as so |
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60 | | - | fixed represent an approximation of the commensurate portion of the |
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61 | | - | projected tax liability of such facility based on a reasonable estimation |
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62 | | - | of its fair market value as determined by the municipality upon the |
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63 | | - | exercise of its best efforts. |
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64 | | - | (d) Any existing electric generating facility, the construction of Senate Bill No. 527 |
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| 43 | + | LCO 6442 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00527- |
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| 44 | + | R03-SB.docx } |
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| 45 | + | 2 of 3 |
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66 | | - | Public Act No. 19-81 3 of 3 |
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| 47 | + | (b) Any new electric generating facility, the construction of which is 16 |
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| 48 | + | completed after July 1, 2003, may be treated for the purposes of section 17 |
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| 49 | + | 32-71 as if it were located in an enterprise zone and used for 18 |
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| 50 | + | commercial or retail purposes, provided: (1) The owner of such facility 19 |
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| 51 | + | has negotiated a tax agreement with the municipality in which such 20 |
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| 52 | + | facility would be located; and (2) such agreement has been approved 21 |
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| 53 | + | by the municipality's legislative body between January 1, 2002, and 22 |
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| 54 | + | February 28, 2002. Notwithstanding the provisions of section 32-71, 23 |
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| 55 | + | upon approval of such municipality's legislative body, either before or 24 |
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| 56 | + | after June 14, 2002, up to the full amount of either assessments or taxes 25 |
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| 57 | + | may be fixed for the real and personal property of such electric 26 |
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| 58 | + | generating facility both during and after the construction period, 27 |
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| 59 | + | provided such assessments or taxes as so fixed represent an 28 |
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| 60 | + | approximation of the commensurate portion of the projected tax 29 |
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| 61 | + | liability of such facility based on a reasonable estimation of its fair 30 |
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| 62 | + | market value as determined by the municipality upon the exercise of 31 |
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| 63 | + | its best efforts. 32 |
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| 64 | + | (c) Any new electric generating facility, the construction of which is 33 |
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| 65 | + | completed after July 1, 2003, may be treated for the purposes of section 34 |
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| 66 | + | 32-71 as if it were located in an enterprise zone and used for 35 |
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| 67 | + | commercial or retail purposes, provided the municipality in which 36 |
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| 68 | + | such facility is located is under state governance. Notwithstanding the 37 |
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| 69 | + | provisions of section 32-71, upon approval of such municipality's 38 |
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| 70 | + | legislative body, either before or after June 14, 2002, up to the full 39 |
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| 71 | + | amount of either assessments or taxes may be fixed for the real and 40 |
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| 72 | + | personal property of such electric generating facility both during and 41 |
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| 73 | + | after the construction period, provided such assessments or taxes as so 42 |
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| 74 | + | fixed represent an approximation of the commensurate portion of the 43 |
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| 75 | + | projected tax liability of such facility based on a reasonable estimation 44 |
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| 76 | + | of its fair market value as determined by the municipality upon the 45 |
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| 77 | + | exercise of its best efforts. 46 |
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| 78 | + | (d) Any existing electric generating facility, the construction of 47 |
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| 79 | + | which is completed before July 1, 1998, and any new electric 48 Committee Bill No. 527 |
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68 | | - | which is completed before July 1, 1998, and any new electric |
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69 | | - | generating facility, the construction of which is completed after July 1, |
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70 | | - | 2019, which new electric generating facility is constructed at the same |
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71 | | - | location as such existing electric generating facility, may be treated |
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72 | | - | collectively as one combined electric generating facility for the |
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73 | | - | purposes of section 32-71 as if such combined electric generating |
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74 | | - | facility were located in an enterprise zone and used for commercial or |
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75 | | - | retail purposes. Notwithstanding the provisions of section 32-71, upon |
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76 | | - | the approval, either before or after July 1, 2019, of the legislative body |
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77 | | - | of the municipality in which such combined electric generating facility |
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78 | | - | is located, the full amount of either assessments or taxes may be fixed |
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79 | | - | for the real and personal property of both such existing and new |
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80 | | - | electric generating facilities before, during and after the construction |
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81 | | - | period of such new electric generating facility, provided such |
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82 | | - | assessments or taxes as so fixed represent an approximation of the |
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83 | | - | projected tax liability of such combined electric generating facility |
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84 | | - | based on a reasonable estimation of its fair market value as determined |
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85 | | - | by the municipality upon the exercise of its best efforts. |
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86 | | - | [(d)] (e) As used in this section, "electric generating facility" means a |
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87 | | - | facility, as defined in subdivision (3) of subsection (a) of section 16-50i. |
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| 81 | + | |
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| 82 | + | LCO 6442 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00527- |
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| 83 | + | R03-SB.docx } |
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| 84 | + | 3 of 3 |
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| 85 | + | |
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| 86 | + | generating facility, the construction of which is completed after July 1, 49 |
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| 87 | + | 2019, which new electric generating facility is constructed at the same 50 |
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| 88 | + | location as such existing electric generating facility, may be treated 51 |
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| 89 | + | collectively as one combined electric generating facility for the 52 |
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| 90 | + | purposes of section 32-71 as if such combined electric generating 53 |
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| 91 | + | facility were located in an enterprise zone and used for commercial or 54 |
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| 92 | + | retail purposes. Notwithstanding the provisions of section 32-71, upon 55 |
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| 93 | + | the approval, either before or after July 1, 2019, of the legislative body 56 |
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| 94 | + | of the municipality in which such combined electric generating facility 57 |
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| 95 | + | is located, the full amount of either assessments or taxes may be fixed 58 |
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| 96 | + | for the real and personal property of both such existing and new 59 |
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| 97 | + | electric generating facilities before, during and after the construction 60 |
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| 98 | + | period of such new electric generating facility, provided such 61 |
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| 99 | + | assessments or taxes as so fixed represent an approximation of the 62 |
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| 100 | + | projected tax liability of such combined electric generating facility 63 |
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| 101 | + | based on a reasonable estimation of its fair market value as determined 64 |
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| 102 | + | by the municipality upon the exercise of its best efforts. 65 |
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| 103 | + | [(d)] (e) As used in this section, "electric generating facility" means a 66 |
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| 104 | + | facility, as defined in subdivision (3) of subsection (a) of section 16-50i. 67 |
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| 105 | + | This act shall take effect as follows and shall amend the following |
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| 106 | + | sections: |
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| 107 | + | |
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| 108 | + | Section 1 from passage, and |
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| 109 | + | applicable to assessment |
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| 110 | + | years commencing on and |
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| 111 | + | after October 1, 2018 |
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| 112 | + | 32-71a |
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| 113 | + | |
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| 114 | + | PD Joint Favorable |
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| 115 | + | FIN Joint Favorable |
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