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General Assembly Raised Bill No. 1073
January Session, 2019
LCO No. 5866
Referred to Committee on PLANNING AND
DEVELOPMENT
Introduced by:
(PD)
AN ACT CONCERNING CO NSERVATION AND DEVEL OPMENT.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 8-35a of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2019): 2
(a) At least once every ten years, each regional council of 3
governments shall [make] adopt a plan of conservation and 4
development for its area of operation, showing its recommendations 5
for the general use of the area including land use, housing, principal 6
highways and freeways, bridges, airports, parks, playgrounds, 7
recreational areas, schools, public institutions, public utilities, 8
agriculture and such other matters as, in the opinion of the council, 9
will be beneficial to the area. Any regional plan so [developed] 10
adopted shall be based on studies of physical, social, economic and 11
governmental conditions and trends and shall be designed to promote 12
with the greatest efficiency and economy the coordinated development 13
of its area of operation and the general welfare and prosperity of its 14
people. Such plan may encourage energy -efficient patterns of 15
development, the use of solar and other renewable forms of energy, 16 Raised Bill No. 1073
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and energy conservation. Such plan shall be designed to promote 17
abatement of the pollution of the waters and air of the region. Such 18
plan shall consider the need for technology infrastructure in the 19
region. The regional plan shall identify areas where it is feasible and 20
prudent (1) to have compact, transit accessible, pedestrian-oriented 21
mixed use development patterns and land reuse, and (2) to promote 22
such development patterns and land reuse and shall note any 23
inconsistencies with the following growth management principles: (A) 24
Redevelopment and revitalization of regional centers and areas of 25
mixed land uses with existing or planned physical infrastructure; (B) 26
expansion of housing opportunities and design choices to 27
accommodate a variety of household types and needs; (C) 28
concentration of development around transportation nodes and along 29
major transportation corridors to support the viability of 30
transportation options and land reuse; (D) conservation and 31
restoration of the natural environment, cultural and historical 32
resources and traditional rural lands; (E) protection of environmental 33
assets critical to public health and safety; and (F) integration of 34
planning across all levels of government to address issues on a local, 35
regional and state-wide basis. The plan of each region contiguous to 36
Long Island Sound shall be designed to reduce hypoxia, pathogens, 37
toxic contaminants and floatable debris in Long Island Sound. 38
(b) Before adopting the regional plan of conservation and 39
development or any part thereof or amendment thereto the regional 40
council of governments shall hold at least one public hearing thereon, 41
notice of the time, place and subject of which shall be given in writing 42
to the chief executive officer and planning commission, where one 43
exists, of each member town, city or borough. Notice of the time, place 44
and subject of such hearing shall be published once in a newspaper 45
having a substantial circulation in the region. Such notices shall be 46
given not more than twenty days or less than ten days before such 47
hearing. At least sixty-five days before the public hearing the regional 48
council of governments shall post the plan on the Internet web site of 49
the council, if any, and submit the plan to the Secretary of the Office of 50 Raised Bill No. 1073
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Policy and Management for findings in the form of comments and 51
recommendations. By October 1, 2011, the secretary shall [establish, by 52
regulations adopted] adopt regulations, in accordance with the 53
provisions of chapter 54, to establish criteria for such findings which 54
shall include procedures for a uniform review of regional plans of 55
conservation and development to determine if a proposed regional 56
plan of conservation and development is not inconsistent with the 57
state plan of conservation and development and the state economic 58
strategic plan. The regional council of governments shall note on the 59
record any inconsistency with the state plan of conservation and 60
development and the reasons for such inconsistency. Adoption of the 61
plan or part thereof or amendment thereto shall be made by the 62
affirmative vote of not less than a majority of the representatives on 63
the council. The plan shall be posted on the Internet web site of the 64
council, if any, and a copy of the plan or of any amendments thereto, 65
signed by the [chairman] chairperson of the council, shall be 66
transmitted to the chief executive officers, the town, city or borough 67
clerks, as the case may be, [and to] planning commissions, if any, in 68
member towns, cities or boroughs, and [to] the Secretary of the Office 69
of Policy and Management, or [his or her] the secretary's designee. The 70
regional council of governments shall notify the Secretary of the Office 71
of Policy and Management of any inconsistency with the state plan of 72
conservation and development and the reasons therefor. 73
(c) The regional council of governments shall assist municipalities 74
within its region and state agencies and may assist other public and 75
private agencies in developing and carrying out any regional plan or 76
plans of such council. The regional council of governments may 77
provide administrative, management, technical or planning assistance 78
to municipalities within its region and other public agencies under 79
such terms as it may determine, provided, prior to entering into an 80
agreement for assistance to any municipality or other public agency, 81
the regional council of governments shall have adopted a policy 82
governing such assistance. The regional council of governments may 83
be compensated by the municipality or other public agency with which 84 Raised Bill No. 1073
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an agreement for assistance has been made for all or part of the cost of 85
such assistance. 86
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 8-35a
PD Joint Favorable