LCO No. 3009 1 of 14
General Assembly Raised Bill No. 474
February Session, 2020
LCO No. 3009
Referred to Committee on GOVERNMENT ADMINISTRATION
AND ELECTIONS
Introduced by:
(GAE)
AN ACT CONCERNING TH E ORGANIZATION AND O PERATIONS OF
THE METROPOLITAN DIS TRICT OF HARTFORD COUNTY.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 19 of number 511 of the special acts of 1929 is 1
amended to read as follows (Effective July 1, 2020): 2
No bonds, notes or other certificates of debt, except such as are to 3
mature in six months or less and to be paid from current taxes shall be 4
issued under authority of [this act] number 511 of the special acts of 1929 5
if such issue shall bring the total outstanding indebtedness of the district 6
to an amount in excess of five per centum of the combined grand lists of 7
said district unless otherwise provided by special act. The grand lists for 8
the purpose of this section shall be deemed to include the assessed value 9
of all shares of capital stock the taxes on which are required by section 10
1205 of the general statutes, revision of 1918, as amended to be remitted 11
annually to the towns and cities composing the district by the state. In 12
computing the total outstanding indebtedness of the district for the 13
purposes of this section, there shall be deducted the amount of the 14 Raised Bill No. 474
LCO No. 3009 2 of 14
district's sinking fund, the amount of bonds issued for the supply of 15
water or for the construction of subways or underground conduits for 16
cables, wires or pipes, the principal amount of all such bonds having 17
been refunded or replaced by other indebtedness the proceeds and 18
projected earnings on which or other funds are held in escrow to pay 19
and are sufficient to pay the principal, interest and any redemption 20
premium until maturity or earlier planned redemption of such 21
indebtedness and the amount of such other bonds of the district as may 22
be issued under any act of the legislature, especially providing that the 23
bonds issued [thereunder] under any such act shall be deducted in 24
computing the total outstanding indebtedness of the district. 25
Sec. 2. Section 8 of number 511 of the special acts of 1929, as amended 26
by section 3 of special act 83-31, section 1 of special act 99-12 and section 27
3 of special act 14-21, is amended to read as follows (Effective July 1, 28
2020): 29
Said board, either directly or under committees consisting of one or 30
more members of said board, shall organize bureaus for the convenient 31
carrying into effect of the several functions herein committed to said 32
board and may define the powers and duties of such bureaus and 33
delegate to them such powers and duties by ordinance, by-law or 34
otherwise as may, in the judgment of the board, be necessary for the 35
convenient operation of the same. No member of the board shall receive 36
any pay for his or her services as such member or as a member of a sub-37
committee of the board except that a reasonable sum may annually be 38
appropriated for the actual expenses of said board. The board may, by 39
ordinance, by-law or otherwise, fix the salaries and define the duties of 40
all officers and employees or may delegate the fixing of salaries of 41
employees and assignment of duties of employees to sub-committees or 42
bureau managers. The chairman and vice-chairman of said district and 43
of all sub-committees, bureaus, boards and commissions appointed by 44
the district board shall, unless otherwise provided in the appointment 45
or [herein] in this section, hold office until the end of the fiscal year of 46
their appointment and thereafter shall be appointed for terms of two 47
years and until their successors shall be appointed and shall have 48 Raised Bill No. 474
LCO No. 3009 3 of 14
qualified. The members of all sub-committees, bureaus, boards and 49
commissions appointed by the district board shall, unless otherwise 50
provided in the appointment or [herein] in this section, hold such 51
membership until the end of the fiscal year of their appointment and 52
thereafter shall hold membership for terms of two years and until their 53
successors shall be appointed and shall have qualified. The managers of 54
the water bureau and of the bureau of public works and such others of 55
the officers as by the district board shall be especially so designated shall 56
hold office during good behavior and shall be removed only for cause. 57
All other officers and employees may be removed at any time by the 58
district board at pleasure. All vacancies may be filled by the district 59
board. Said district board [shall have power to] may fill any vacancy 60
occurring in its number for the unexpired portion of the term and, 61
except as otherwise expressly provided, shall act in all cases by a 62
majority of those present at any regular or special meeting, duly 63
warned. A majority of the board shall constitute a quorum and the time, 64
place and manner of calling meetings and the holding thereof, including 65
the manner of dissolving tie votes, shall be prescribed by said board by 66
by-law or otherwise. The district board shall be the final judge of the 67
election returns and validity of elections and qualifications of its 68
members and shall decide all tie votes in elections. Except as hereinafter 69
provided, the district board shall have power to authorize the sale, 70
transfer and conveyance of real and personal estate belonging to the 71
district, and shall provide by by-law or otherwise for the form and 72
manner of execution of the documents and instruments convenient 73
therefor. The Auditors of Public Accounts, established under chapter 23 74
of the general statutes, shall audit the district accounts annually in 75
accordance with the provisions of said chapter. The district board [shall 76
make provision for the proper auditing of the district accounts and] may 77
cause any officer to execute bonds to the district with surety to the 78
acceptance of the district board for the faithful performance of 79
duties. The district board shall post the current budget of the district in 80
a conspicuous location on the district's Internet web site. 81
Sec. 3. Section 8 of special act 14-21 is amended to read as follows 82 Raised Bill No. 474
LCO No. 3009 4 of 14
(Effective July 1, 2020): 83
The [Metropolitan District Commission] Auditors of Public Accounts 84
shall, annually, submit a copy of the audit prepared pursuant to 85
[chapter 111 of the general statutes] section 8 of number 511 of the 86
special acts of 1929, as amended by section 3 of special act 83-31, section 87
1 of special act 99-1, section 3 of special act 14-21 and this act, to the 88
Office of Fiscal Analysis. 89
Sec. 4. Subsection (a) of section 4 of special act 90-27, as amended by 90
section 6 of public act 93-380 and section 9 of special act 14-21, is 91
amended to read as follows (Effective July 1, 2020): 92
(a) The Metropolitan District in Hartford County created pursuant to 93
number 511 of the special acts of 1929, as amended, may issue bonds or 94
other obligations, or may enter into leases of real or personal property 95
or any interest [therein] in such property, from time to time for the 96
purpose of paying all or any part of the cost of designing, acquiring, 97
purchasing, constructing, reconstructing, improving, extending, 98
financing, refinancing, operating or managing any facility, system, 99
program or equipment necessary or desirable in connection with 100
carrying out any of its authorized purposes, including payment of 101
expenses of administration properly chargeable thereto, including, 102
without limitation, legal, architectural and engineering expenses and 103
fees, [and costs of audits,] and payment of costs, fees and expenses 104
which the district board may deem necessary or advantageous in 105
connection with the authorization, sale and issuance of bonds or notes 106
or other obligations, including but not limited to, underwriters' discount 107
and payment of all other items of expense incurred in connection 108
therewith. The district may issue such types of bonds or other 109
obligations as the district board by resolution approved by a majority of 110
its members may determine, including, without limiting the generality 111
of the foregoing, bonds or other obligations payable as to principal and 112
interest exclusively from the income and revenues of a particular 113
facility, system or program. Bonds or other obligations payable as to 114
principal and interest exclusively from the income and revenues of a 115 Raised Bill No. 474
LCO No. 3009 5 of 14
particular facility, system or program shall not constitute an 116
indebtedness within the meaning of any statutory limitation on the 117
indebtedness of the district or any member municipality. 118
Notwithstanding the provisions of sections 23, 24, 25, 26 and 51 of 119
number 511 of the special acts of 1929, as amended, any surplus moneys 120
not needed in the determination of the district board to meet the 121
purposes of funds established pursuant to said sections and any surplus 122
revenues in the assessable sewer fund may be pledged as additional 123
security for any such bonds or the provider of any credit enhancement 124
for any such bonds, which also may be secured by a pledge of any 125
income or revenues of the district, or a mortgage on any facility or 126
system or the site thereof. Whenever and for so long as the district has 127
issued and has outstanding bonds pursuant to this section, the district 128
board shall fix, charge and collect rates, rents, fees and other charges in 129
accordance herewith. Neither the members of the district nor any person 130
executing the bonds shall be liable personally on the bonds by reason of 131
the issuance thereof. The bonds and other obligations of the district, and 132
such bonds and obligations shall so state on their face, shall not be a debt 133
of the state or any political subdivision thereof, and no person other than 134
the district shall be liable thereon, nor shall such bonds or obligations be 135
payable out of any funds or properties other than those of the district. 136
Bonds of the district issued under the provisions of sections 2 and 13 of 137
number 511 of the special acts of 1929, as amended, and sections 2 and 138
4 of special act 90-27, as amended by public act 93-380 and this act, are 139
declared to be issued for an essential public and governmental purpose. 140
In anticipation of the sale of such bonds the district may issue negotiable 141
bond anticipation notes and may renew the same from time to time, but 142
the maximum maturity of any such note including renewals thereof, 143
shall not exceed five years from the date of issue of the original note. 144
Such notes shall be paid from any revenues of the district available 145
therefor and not otherwise pledged, or from the proceeds of sale of the 146
bonds of the district in anticipation of which they were issued. Such 147
notes and the resolution or resolutions authorizing the same may 148
contain any provisions, conditions or limitations which a bond 149
resolution of the district may contain. 150 Raised Bill No. 474
LCO No. 3009 6 of 14
Sec. 5. Subsection (c) of section 2-90 of the general statutes is repealed 151
and the following is substituted in lieu thereof (Effective July 1, 2020): 152
(c) Said auditors shall audit, on a biennial basis if deemed most 153
economical and efficient, or as frequently as they deem necessary, the 154
books and accounts of each officer, department, commission, board and 155
court of the state government, all institutions supported by the state and 156
all public and quasi-public bodies, politic and corporate, created by 157
public or special act of the General Assembly and not required to be 158
audited or subject to reporting requirements, under the provisions of 159
chapter 111, except that said auditors shall audit, on an annual basis, or 160
as frequently as they deem necessary, the books and accounts of the 161
Metropolitan District of Hartford County. Each such audit may include 162
an examination of performance in order to determine effectiveness in 163
achieving expressed legislative purposes. The auditors shall report their 164
findings and recommendations to the Governor, the State Comptroller 165
and the joint standing committee of the General Assembly having 166
cognizance of matters relating to appropriations and the budgets of state 167
agencies. 168
Sec. 6. Section 7-391 of the general statutes is repealed and the 169
following is substituted in lieu thereof (Effective July 1, 2020): 170
When used in this chapter, unless the context otherwise requires, the 171
following terms shall have the meanings herein specified: "Secretary" 172
means the Secretary of the Office of Policy and Management; 173
"municipality" includes each town, consolidated town and city, 174
consolidated town and borough, city and borough; "audited agency" 175
includes each district, as defined in section 7-324, or other municipal 176
utility, [the Metropolitan District of Hartford County,] each regional 177
council of governments, any other political subdivision of similar 178
character which is created and any other agency created or designated 179
by a municipality to act for such municipality whose annual receipts 180
from all sources exceed one million dollars, excluding the Metropolitan 181
District of Hartford County; "reporting agency" includes each district, 182
as defined in section 7-324, or other municipal utility, each regional 183 Raised Bill No. 474
LCO No. 3009 7 of 14
council of governments, any other political subdivision of similar 184
character which is created and any other agency created or designated 185
by a municipality to act for such municipality whose annual receipts 186
from all sources do not exceed one million dollars; "appointing 187
authority" means the legislative body of a municipality or the board, 188
committee or other governing body of such audited agency, except in 189
any town where the authority to adopt a budget rests with a town 190
meeting or a representative town meeting "appointing authority" means 191
the board of finance or other board, committee or body charged with 192
preparing the budget, or in a town that has no board of finance or other 193
such board, committee or body, means the board of selectmen or the 194
town council; "audit report" means the report of the independent 195
auditor and the annual financial statements of the municipality or 196
audited agency; "independent auditor" means a public accountant who 197
is licensed to practice in the state of Connecticut and who meets the 198
independence standards included in generally accepted government 199
auditing standards; "public accountant" means an individual who meets 200
standards included in generally accepted government auditing 201
standards for personnel performing government audits and the 202
licensing requirements of the State Board of Accountancy; "receipts" 203
means amounts accrued or received by a municipality, audited agency 204
or reporting agency and reportable as revenues in accordance with 205
generally accepted accounting principles; "municipal utility" means 206
every Connecticut municipality or department or agency thereof, or 207
Connecticut district, manufacturing, selling or distributing gas or 208
electricity to be used for light, heat or power or water. 209
Sec. 7. Section 2 of special act 75-73, as amended by section 2 of special 210
act 83-18, section 2 of special act 84-75, section 17 of public act 93-380 211
and section 4 of special act 14-21, is amended to read as follows (Effective 212
July 1, 2020): 213
(a) The members of the board of commissioners appointed prior to 214
and holding office on the effective date of special act 75-73, special act 215
83-18, special act 84-75, public act 93-380, [or this act] special act 14-21 216
or this act shall continue to serve until the expiration of their terms for 217 Raised Bill No. 474
LCO No. 3009 8 of 14
which they were appointed. Thereafter, members shall be appointed by 218
the legislative body of each member municipality, to replace the 219
members whose terms expire and until their successors are appointed 220
and qualify, provided, in no event shall the total number of members 221
appointed by the legislative body of any member municipality exceed: 222
(1) Six in the city of Hartford, (2) three in the city of East Hartford, (3) 223
one in the town of Rocky Hill, (4) one in the town of Wethersfield, (5) 224
one in the town of Newington, (6) one in the town of Windsor, (7) one 225
in the town of Bloomfield and (8) three in the town of West Hartford. 226
(b) Appointments to the district board by the legislative bodies of the 227
member municipalities shall be made in accordance with the following 228
schedule: 229
(1) The legislative body of the city of Hartford shall appoint (A) three 230
commissioners for a term of two years to commence January 1, 1977, and 231
(B) three commissioners for a term of six years to commence January 1, 232
l981; 233
(2) The legislative body of the city of East Hartford shall appoint (A) 234
two commissioners for a term of four years to commence January 1, 235
1977, and (B) one commissioner for a term of six years to commence 236
January 1, 1979; 237
(3) The legislative body of the town of Wethersfield shall appoint one 238
commissioner for a term of six years to commence January 1, 1979; 239
(4) The legislative body of the town of Newington shall appoint one 240
commissioner for a term of six years to commence January 1, 1981; 241
(5) The legislative body of the town of Windsor shall appoint one 242
commissioner for a term of six years to commence January 1, 1981; 243
(6) The legislative body of the town of Bloomfield shall appoint one 244
commissioner for a term of two years to commence January 1, 1987; 245
(7) The legislative body of the town of Rocky Hill shall appoint one 246
commissioner for a term of six years to commence January 1, 1977; 247 Raised Bill No. 474
LCO No. 3009 9 of 14
(8) The legislative body of the town of West Hartford shall appoint 248
(A) one commissioner for a term of one year to commence January 1, 249
1984, (B) one commissioner for a term of three years to commence 250
January 1, 1984, and (C) one commissioner for a term of five years to 251
commence January 1, 1984. 252
(c) Upon the expiration of the initial terms of appointment under this 253
section, members shall be appointed for terms of six years from January 254
first in the year of their appointment and shall serve until their 255
successors are appointed and qualify. 256
(d) On and after January 1, 1989, the eight members appointed by the 257
governor to the district board shall be electors from The Metropolitan 258
District, not more than three of whom shall be from any one 259
municipality within said district nor shall such appointees represent 260
more than fifty per cent of any municipality's representation on the 261
district board. The appointments by the governor shall be for six years 262
and shall be made in accordance with the following schedule: 263
(1) Three commissioners from the city of Hartford for a term to 264
commence January 1, 1989; 265
(2) One commissioner from the city of East Hartford for a term to 266
commence January 1, 1989; 267
(3) One commissioner from the town of Wethersfield for a term to 268
commence January 1, 1989; 269
(4) One commissioner from the town of Newington for a term to 270
commence January 1, 1991; 271
(5) One commissioner from the town of Windsor for a term to 272
commence January 1, 1989; 273
(6) One commissioner from the town of West Hartford for a term to 274
commence January 1, 1989. 275
(e) The four commissioners appointed by the designated members of 276 Raised Bill No. 474
LCO No. 3009 10 of 14
the General Assembly shall be appointed as follows: (1) One 277
commissioner by the president pro tempore of the Senate, for a term of 278
five and one-half years commencing July 1, 1993; (2) one commissioner 279
by the speaker of the House of Representatives, for a term of four and 280
one-half years commencing July 1, 1993; (3) one commissioner by the 281
minority leader of the Senate, for a term of three and one-half years, 282
commencing July 1, 1993, and (4) one commissioner by the minority 283
leader of the House of Representatives, for a term of two and one-half 284
years, commencing July 1, 1993. After such initial appointment the terms 285
of all such commissioners shall thereafter be six years. Such 286
commissioners shall be electors from The Metropolitan District, 287
provided no two commissioners shall be residents of the same 288
municipality. 289
(f) On and after October 1, 2014, the legislative bodies of nonmember 290
municipalities shall appoint four members to the board of 291
commissioners, provided in no event shall the total number of members 292
appointed by the legislative body of any nonmember municipality 293
exceed: (1) One from the town of Glastonbury; (2) one from the town of 294
South Windsor; (3) one from the town of East Granby; and (4) one from 295
the town of Farmington. Such commissioners shall be ex-officio, 296
nonvoting members of the board of commissioners, except that, on and 297
after July 1, 2020, commissioners appointed pursuant to this subsection 298
may vote with regard to approval of rates established by the water 299
bureau for the use of water. Commissioners appointed pursuant to this 300
subsection shall be appointed for terms of six years from January first in 301
the year of their appointment and shall serve until their successors are 302
appointed and qualify. 303
Sec. 8. (Effective July 1, 2020) (a) There is established a task force to 304
examine the organization and operations of the Metropolitan District of 305
Hartford County. The task force shall include, but not be limited to, a 306
review of (1) current procedures related to water rate increases within 307
the district, (2) the potential need for the Public Utilities Regulatory 308
Authority to provide oversight of the district, and (3) existing 309
mechanisms related to district governance and structure of the district's 310 Raised Bill No. 474
LCO No. 3009 11 of 14
board of commissioners. 311
(b) The task force shall consist of the following members: 312
(1) One appointed by the speaker of the House of Representatives, 313
who is a member of the administrative staff of the Capitol Region 314
Council of Governments; 315
(2) One appointed by the president pro tempore of the Senate, who is 316
a representative of an organization that advocates for environmental 317
protection and conservation; 318
(3) One appointed by the minority leader of the House of 319
Representatives, who is an officer of an engineering or consulting firm 320
involved in infrastructure improvements to the wastewater system of 321
the Metropolitan District of Hartford County to achieve goals of the 322
federal Clean Water Act, 33 USC 1251 et seq.; 323
(4) One appointed by the minority leader of the Senate, who is an 324
officer of an investor-owned public water supply company operating in 325
the state; 326
(5) The Independent Consumer Advocate, selected pursuant to 327
section 7-334a of the general statutes; 328
(6) The Consumer Counsel, appointed pursuant to section 16-2a of 329
the general statutes, or his or her designee; 330
(7) The chairperson of the Public Utilities Regulatory Authority, 331
elected pursuant to section 16-2 of the general statutes, or his or her 332
designee; 333
(8) One from the city of Hartford, appointed by the mayor thereof; 334
(9) One from the city of East Hartford, appointed by the mayor 335
thereof; 336
(10) One from the town of Wethersfield, appointed by the town 337
manager thereof; 338 Raised Bill No. 474
LCO No. 3009 12 of 14
(11) One from the town of Newington, appointed by the town 339
manager thereof; 340
(12) One from the town of Windsor, appointed by the town manager 341
thereof; 342
(13) One from the town of West Hartford, appointed by the mayor 343
thereof; 344
(14) One from the town of Bloomfield, appointed by the town 345
manager thereof; 346
(15) One from the town of Rocky Hill, appointed by the town 347
manager thereof; 348
(16) One from the town of Glastonbury, appointed by the town 349
manager thereof; 350
(17) One from the town of East Granby, appointed by the first 351
selectman thereof; 352
(18) One from the town of South Windsor, appointed by the town 353
manager thereof; and 354
(19) One from the town of Farmington, appointed by the town 355
manager thereof. 356
(c) All initial appointments to the task force shall be made not later 357
than thirty days after the effective date of this section. Any vacancy shall 358
be filled by the appointing authority. 359
(d) The Independent Consumer Advocate shall serve as chairperson 360
of the task force and shall schedule the first meeting of the task force, 361
which shall be held not later than sixty days after the effective date of 362
this section. 363
(e) The administrative staff of the joint standing committee of the 364
General Assembly having cognizance of matters relating to planning 365
and development shall serve as administrative staff of the task force. 366 Raised Bill No. 474
LCO No. 3009 13 of 14
(f) Not later than January 1, 2021, the task force shall submit a report 367
on its findings and recommendations to the joint standing committee of 368
the General Assembly having cognizance of matters relating to planning 369
and development, in accordance with the provisions of section 11-4a of 370
the general statutes. The task force shall terminate on the date that it 371
submits such report or January 1, 2021, whichever is later. 372
Sec. 9. (Effective July 1, 2020) Notwithstanding the provisions of 373
resolutions adopted by the Metropolitan District Commission at its 374
December 16, 2019, meeting concerning its 2020 budget expenditures 375
and revenues, the Metropolitan District Commission shall (1) make 376
payment in the amount of $1,250,000 to Riverfront Recapture, Inc. for 377
2020, and (2) incrementally reduce such payment annually, by equal 378
amounts, to $600,000 commencing with the district's 2025 budget and 379
each year thereafter. 380
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2020 Number 511 of the
special acts of 1929, Sec.
19
Sec. 2 July 1, 2020 Number 511 of the
special acts of 1929, Sec.
8
Sec. 3 July 1, 2020 SA 14-21, Sec. 8
Sec. 4 July 1, 2020 SA 90-27, Sec. 4(a)
Sec. 5 July 1, 2020 2-90(c)
Sec. 6 July 1, 2020 7-391
Sec. 7 July 1, 2020 SA 75-73, Sec. 2
Sec. 8 July 1, 2020 New section
Sec. 9 July 1, 2020 New section
Statement of Purpose:
To (1) when computing the Metropolitan District's total outstanding
indebtedness, count two consecutive bond issues as one if the proceeds
of the new issue are placed in trust to pay off the old issue, (2) require
annual audits of the district's books and accounts by the Auditors of
Public Accounts, (3) allow district commissioners appointed from Raised Bill No. 474
LCO No. 3009 14 of 14
nonmember towns to vote on approval of water rates, (4) establish a task
force to examine the organization and operations of the district, and (5)
require the district commission to fund Riverfront Recapture, Inc. in
2020 at the same level it was funded in 2019.
[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.]