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General Assembly Raised Bill No. 111
February Session, 2020
LCO No. 1164
Referred to Committee on PLANNING AND DEVELOPMENT
Introduced by:
(PD)
AN ACT CONCERNING TH E LEGISLATIVE COMMISSIONERS'
RECOMMENDATIONS FOR TECHNICAL REVISIONS TO STATUTE S
CONCERNING PLANNING AND DEVELOPMENT.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subdivision (3) of subsection (a) of section 2-79a of the 2020 1
supplement to the general statutes is repealed and the following is 2
substituted in lieu thereof (Effective October 1, 2020): 3
(3) On and after July 1, 2019, the commission shall consist of the 4
president pro tempore of the Senate, the speaker of the House of 5
Representatives, the minority leader of the Senate, the minority leader 6
of the House of Representatives, the Secretary of the Office of Policy and 7
Management, the Commissioner of Education, the Commissioner of 8
Energy and Environmental Protection and the Commissioner of 9
Economic and Community Development, or their designee s, and 10
seventeen additional members as follows: (A) Six municipal officials 11
appointed by the Governor, four of whom shall be selected from a list 12
of nominees submitted to the Governor by the Connecticut Conference 13
of Municipalities and two of whom shall be selected from a list 14 Raised Bill No. 111
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submitted by the Council of Small Towns. One of such six officials shall 15
be from a town having a population of ten thousand or less persons, one 16
shall be from a town having a population of more than ten thousand but 17
less than twenty thousand persons, two shall be from towns having 18
populations of more than twenty thousand but less than sixty thousand 19
persons and two shall be from towns having populations of sixty 20
thousand or more persons; (B) two local public education officials 21
appointed by the Governor, one of whom shall be selected from a list of 22
nominees submitted to the Governor by the Connecticut Association of 23
Boards of Education and one of whom shall be selected from a list 24
submitted by the Connecticut Association of Public Schoo l 25
Superintendents; (C) one representative of a regional council of 26
governments appointed by the Governor from a list of nominees 27
submitted to the Governor by the Connecticut Association of Councils 28
of Governments; (D) one representative of organized labor appointed 29
by the Governor from a list of nominees submitted to the Governor by 30
the Connecticut AFL-CIO; (E) five persons who do not hold elected or 31
appointed office in state or local government, one of whom shall be 32
appointed by the Governor, one of whom shall be appointed by the 33
president pro tempore of the Senate, one of whom shall be appointed by 34
the speaker of the House of Representatives, one of whom shall be 35
appointed by the minority leader of the Senate and one of whom shall 36
be appointed by the minority leader of the House of Representatives; (F) 37
one representative of the Connecticut Conference of Municipalities 38
appointed by said conference; and (G) one representative of the Council 39
of Small Towns appointed by said council. 40
Sec. 2. Subsection (c) of section 7-159d of the 2020 supplement to the 41
general statutes is repealed and the following is substituted in lieu 42
thereof (Effective October 1, 2020): 43
(c) The budget-making authority of such municipality may, from 44
time to time, direct the treasurer to invest a portion of such Climate 45
Change and Coastal Reserve Fund as in the opinion of such authority is 46
advisable, provided: (1) Not more than forty per cent, or with respect to 47
such a reserve fund for which the budget-making authority has adopted 48 Raised Bill No. 111
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an asset allocation and investment policy, fifty per cent, of the total 49
amount of such reserve fund shall be invested in equity securities, and 50
(2) any portion of such reserve fund not invested pursuant to 51
subdivision (1) of this subsection may be invested in: (A) Bonds or 52
obligations of, or guaranteed by, the state or the United States, or 53
agencies or instrumentalities of the United States, (B) certificates of 54
deposit, commercial paper, savings accounts and bank acceptances, (C) 55
the obligations of any state of the United States or any political 56
subdivision thereof or the obligations of any instrumentality, authority 57
or agency of any state or political subdivision thereof, if, at the time of 58
investment, such obligations are rated in the top rating categories of any 59
nationally recognized rating service or of any rating service recognized 60
by the Banking Commissioner, and applicable to such obligations, (D) 61
the obligations of any regional school district in this state, of any 62
municipality in this state or any metropolitan district in this state, if, at 63
the time of investment, such obligations of such government entity are 64
rated in one of the top two rating categories of any nationally recognized 65
rating service or of any rating service recognized by the Banking 66
Commissioner, and applicable to such obligations, (E) [in] any fund in 67
which a trustee may invest pursuant to section 36a-353, (F) investment 68
agreements with financial institutions whose long-term obligations are 69
rated in the top two rating categories of any nationally recognized rating 70
service or of any rating service recognized by the Banking 71
Commissioner or whose short-term obligations are rated in the top 72
rating category of any nationally recognized rating service or of any 73
rating service recognized by the Banking Commissioner, or (G) 74
investment agreements fully secured by obligations of, or guaranteed 75
by, the United States or agencies or instrumentalities of the United 76
States. 77
Sec. 3. Subdivision (9) of section 16a-25 of the general statutes is 78
repealed and the following is substituted in lieu thereof (Effective October 79
1, 2020): 80
(9) "Plan", when referring to the state plan [for] of conservation and 81
development, means the text of such plan and any accompanying 82 Raised Bill No. 111
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locational guide map. 83
Sec. 4. Subdivision (8) of subsection (a) of section 22a-92 of the general 84
statutes is repealed and the following is substituted in lieu thereof 85
(Effective October 1, 2020): 86
(8) To coordinate the activities of public agencies to ensure that state 87
expenditures enhance development while affording maximum 88
protection to natural coastal resources and processes in a manner 89
consistent with the state plan [for] of conservation and development 90
adopted pursuant to part I of chapter 297; 91
Sec. 5. Subsection (a) of section 22a-100 of the general statutes is 92
repealed and the following is substituted in lieu thereof (Effective October 93
1, 2020): 94
(a) All major state plans, other than the state plan [for] of conservation 95
and development adopted pursuant to part I of chapter 297, which affect 96
the coastal area shall be consistent with the goals and policies stated in 97
section 22a-92, as amended by this act, and existing state plans, other 98
than the state plan [for] of conservation and development adopted 99
pursuant to part I of chapter 297, which affect the coastal area shall, on 100
or before July 1, 1981, be revised, if necessary, to insure consistency with 101
this chapter. Agencies responsible for revising state plans, other than the 102
state plan [for] of conservation and development adopted pursuant to 103
part I of chapter 297, shall consult with the commissioner in making 104
such revisions. 105
Sec. 6. Subsection (b) of section 25-102gg of the general statutes is 106
repealed and the following is substituted in lieu thereof (Effective October 107
1, 2020): 108
(b) The assembly shall, from time to time, review, and may, after 109
public hearing of which at least fifteen [days] days' notice has been given 110
in a newspaper or newspapers having a circulation in the conservation 111
zone, revise the standards established pursuant to special act 79-77, as 112
amended by special act 81-1. Such revisions shall be consistent with the 113 Raised Bill No. 111
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state plan [for] of conservation and development adopted pursuant to 114
part I of chapter 297 and the purposes of this chapter. A copy of the 115
proposed revisions shall be furnished at least fifteen days prior thereto 116
to the conservation commission, zoning commission, the planning 117
commission or combined planning and zoning commission of the 118
municipalities to be affected thereby and shall be filed at least ten days 119
prior to the hearing in the office of the town or city clerk of the 120
municipalities affected thereby. 121
Sec. 7. Subdivision (17) of section 25-201 of the general statutes is 122
repealed and the following is substituted in lieu thereof (Effective October 123
1, 2020): 124
(17) "State plan [for] of conservation and development" means the 125
state plan [for] of conservation and development prepared pursuant to 126
part I of chapter 297; 127
Sec. 8. Subsection (e) of section 25-204 of the general statutes is 128
repealed and the following is substituted in lieu thereof (Effective October 129
1, 2020): 130
(e) After adoption pursuant to subsection (d) of this section of an 131
inventory, statement of objectives and map, the river committee shall 132
prepare a report on all federal, state and municipal laws, plans, 133
programs and proposed activities which may affect the river corridor 134
defined in such map. Such laws shall include regulations adopted 135
pursuant to chapter 440 and zoning, subdivision and site plan 136
regulations adopted pursuant to section 8-3. Such plans shall include 137
plans of conservation and development adopted pursuant to section 8-138
23, the state plan [for] of conservation and development, water utility 139
supply plans adopted pursuant to section 25-32d, coordinated water 140
system plans adopted pursuant to section 25-33h, municipal open space 141
plans, the commissioner's fish and wildlife plans, and publicly-owned 142
wastewater treatment facility plans. State and regional agencies shall, 143
within available resources, assist the river committee in identifying such 144
laws, plans, programs and proposed activities. The report to be 145 Raised Bill No. 111
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prepared pursuant to this section shall identify any conflicts between 146
such federal, state, regional and municipal laws, plans, programs and 147
proposed activities and the river committee's objectives for river 148
corridor protection and preservation as reflected in the statement of 149
objectives. If conflicts are identified, the river committee shall notify the 150
applicable state, regional or municipal agencies and such agencies shall, 151
within available resources, attempt with the river commission to resolve 152
such conflicts. 153
Sec. 9. Subdivisions (1) and (2) of subsection (d) of section 25-206 of 154
the general statutes are repealed and the following is substituted in lieu 155
thereof (Effective October 1, 2020): 156
(d) (1) Every major state plan other than the state plan [for] of 157
conservation and development, to the extent that it affects a designated 158
river corridor, shall be consistent with the approved river corridor 159
protection plan for such corridor, and any state plan which is 160
inconsistent with such approved river corridor protection plan shall be 161
modified accordingly. Such modifications shall be made in consultation 162
with the commissioner at the next scheduled revision of such plan. 163
(2) If the commissioner finds that the state plan [for] of conservation 164
and development is inconsistent with an approved river corridor 165
protection plan for a designated river corridor, he shall apply to the 166
secretary for a revision pursuant to section 16a-32. 167
Sec. 10. Subdivision (13) of section 25-231 of the general statutes is 168
repealed and the following is substituted in lieu thereof (Effective October 169
1, 2020): 170
(13) "State plan [for] of conservation and development" means the 171
state plan [for] of conservation and development prepared pursuant to 172
part I of chapter 297; 173
Sec. 11. Subsection (e) of section 25-234 of the general statutes is 174
repealed and the following is substituted in lieu thereof (Effective October 175
1, 2020): 176 Raised Bill No. 111
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(e) After adoption of an inventory, statement of objectives and map, 177
pursuant to subsection (d) of this section, the river commission shall 178
prepare a report on all federal, state, regional and municipal laws, plans, 179
programs and proposed activities that may affect the river corridor 180
defined in such map. Such federal, state, regional and municipal laws 181
shall include regulations adopted pursuant to chapter 440, and zoning, 182
subdivision and site plan regulations adopted pursuant to section 8-3. 183
Such federal, state, regional and municipal plans shall include plans of 184
development adopted pursuant to section 8-23, the state plan [for] of 185
conservation and development, water utility supply plans submitted 186
pursuant to section 25-32d, coordinated water system plans submitted 187
pursuant to section 25-33h, plans prepared by regional planning 188
organizations, as defined in section 4-124i, and plans of publicly owned 189
wastewater treatment facilities whose discharges may affect the subject 190
river corridor. State and regional agencies shall, within available 191
resources, assist the river commission in identifying such laws, plans, 192
programs and proposed activities. The report to be prepared pursuant 193
to this section shall identify any conflicts between such federal, state, 194
regional and municipal laws, plans, programs and proposed activities 195
and the river commission's objectives for river corridor management as 196
reflected in the statement of objectives. If conflicts are identified, the 197
river commission shall notify the applicable state, regional or municipal 198
agencies and such agencies shall, within available resources and in 199
consultation with the river commission, attempt to resolve such 200
conflicts. 201
Sec. 12. Subdivisions (1) and (2) of subsection (e) of section 25-236 of 202
the general statutes are repealed and the following is substituted in lieu 203
thereof (Effective October 1, 2020): 204
(e) (1) Every major state plan, other than the state plan [for] of 205
conservation and development, to the extent that such major state plan 206
affects any river corridor for which the commissioner has approved a 207
river corridor management plan, shall be consistent with such 208
management plan. Any major state plan, other than the state plan [for] 209
of conservation and development, which is inconsistent with a river 210 Raised Bill No. 111
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corridor management plan shall be modified accordingly. Such 211
modifications shall be made in consultation with the commissioner at 212
the next scheduled revision of such plan. 213
(2) If all the member municipalities of a river commission have 214
amended their applicable laws and plans pursuant to subsection (b) of 215
this section and if the commissioner finds that the state plan [for] of 216
conservation and development is inconsistent with the subject river 217
corridor management plan, he shall apply to the secretary for a revision 218
pursuant to section 16a-32.219
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2020 2-79a(a)(3)
Sec. 2 October 1, 2020 7-159d(c)
Sec. 3 October 1, 2020 16a-25(9)
Sec. 4 October 1, 2020 22a-92(a)(8)
Sec. 5 October 1, 2020 22a-100(a)
Sec. 6 October 1, 2020 25-102gg(b)
Sec. 7 October 1, 2020 25-201(17)
Sec. 8 October 1, 2020 25-204(e)
Sec. 9 October 1, 2020 25-206(d)(1) and (2)
Sec. 10 October 1, 2020 25-231(13)
Sec. 11 October 1, 2020 25-234(e)
Sec. 12 October 1, 2020 25-236(e)(1) and (2)
Statement of Purpose:
To make technical revisions to statutes concerning planning and
development.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]