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OLR Bill Analysis
sHB 6448 (File 542, as amended by House "A")*
AN ACT CONCERNING ACCESS TO LOCAL GOVERNMENT, THE
MODERNIZATION OF LOCAL GOVERNMENT OPERATIONS,
REGIONAL COUNCILS OF GOVERNMENT AND THE PROVISION
OF OUTDOOR DINING.
TABLE OF CONTENTS:
§§ 1 & 3 — PUBLIC AGENCY MEETIN GS USING ELECTRONIC
EQUIPMENT
Authorizes public agencies to conduct meetings using electronic equipment until April
30, 2022, and establishes requirements and procedures for doing so
§§ 2, 4 & 5 — MEETING NOTICES GENERALLY
Allows public agencies to provide meeting notice by electronic transmission; requires
agencies to post certain notices of adjournment on their websites
§ 2 — FREEDOM OF INFORMATI ON COMMISSION APPEAL S
Allows FOIC to electronically send certain documents to parties in an appeal before the
commission.
§§ 6 & 7 — ORDERLY CONDUCT AT MEETINGS
Allows public agencies and town meetings to deny disorderly individuals access to
meetings by electronic equipment
§ 8 — ACIR STUDY
Requires ACIR to study the implementation of the bill's provisions
§§ 9 & 10 — PAYING FEES ELECTRONICALLY
Allows town clerks to designate websites for paying recording fees and vital records fees
§§ 11-29 — ELECTRONIC TRANSACTI ONS BY MUNICIPAL
PROGRAMS AND ENTITIES
Makes numerous changes allowing municipal entities and other public agencies to
conduct business electronically; generally, the changes allow specified (1) notices and
applications to be sent electronically and (2) hearings or meetings to be held using
electronic equipment
§ 22 — RENTERS' REBATE APPLICATIONS
Requires municipalities to grant relief to renters from certain notarization requirements
imposed by the municipality for program applications
§§ 30 & 32-35 — REGIONAL COUNCILS OF GOVERNMENTS
BYLAWS, SERVICES, AND FUNDING 2021HB-06448-R01-BA.DOCX
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Makes minor changes to Regional Councils of Governments (COG) bylaw and procedural
requirements and modifies, beginning FY22, the COG grant funding calculation
§ 31 — REGIONAL PERFORMANCE INCENTIVE PROGRAM
Modifies the entities and projects that are eligible for Regional Performance Incentive
Program (RPIP) funding and the application requirements and selection criteria
§ 36 — OUTDOOR DINING ALLOW ED AS-OF-RIGHT NEAR FOOD
ESTABLISHMENTS
Beginning April 1, 2022, requires municipalities to allow outdoor food and beverage
service as an accessory use to a licensed food establishment
§ 37 — EFFECTIVE DATE FOR DOG LICENSURE PROVISION
Changes the effective date from July 1 to October 1, 2021, of provisions on dog licensure
and tags issued by town clerks in sHB 6318
BACKGROUND
*House Amendment “A” (1) revises provisions on remote meetings
in the underlying bill and sunsets them on April 30, 2022; (2) removes
provisions in the underlying bill allowing remote voting in town
meetings; (3) adds the provisions on the ACIR study, electronic fee
payments, electronic transactions by municipal programs and entities,
renters’ rebate applications, and dog licensures; (4) makes minor
changes to COG bylaw requirements and requires COGs to endorse all
RPIP proposals; (5) makes minor changes to the outdoor dining
provision to ensure compliance with accessibility standards and makes
the effective date April 1, 2022; and (6) makes other minor and
technical changes to the underlying bill.
§§ 1 & 3 — PUBLIC AGENCY MEETIN GS USING ELECTRONIC
EQUIPMENT
Authorizes public agencies to conduct meetings using electronic equipment until April
30, 2022, and establishes requirements and procedures for doing so
Under the Freedom of Information Act (FOIA), public agencies
must make their meetings, other than executive sessions, open to the
public. The bill allows public agencies, until April 30, 2022, to hold
public meetings that are accessible to the public through electronic
equipment, or through electronic equipment in conjunction with an in-
person meeting.
The bill establishes several requirements for meetings held using
electronic equipment, including that votes generally be conducted by 2021HB-06448-R01-BA.DOCX
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roll call and that members of the public have the same participation
opportunities as they would for an in-person meeting.
EFFECTIVE DATE: July 1, 2021, except that certain definitions are
effective upon passage.
Electronic Equipment (§§ 1 & 3(a))
Under current law, FOIA’s definition of “meeting” includes those
held by electronic equipment, but it does not explicitly authorize, or
establish procedures for, telephone or other remotely held meetings
(see BACKGROUND).
The bill defines “electronic equipment” for purposes of FOIA as any
technology facilitating real-time access to meetings, including
telephone, video, or other conferencing platforms.
Notice and Agenda (§ 3(a) & 3(c))
Regular Meetings. The bill requires public agencies, other than the
legislature, to provide at least 48 hours’ notice before conducting a
regular meeting by electronic equipment. The agency must notify its
members in writing or by electronic equipment and post a notice in its
regular office or place of business and on its website, if available.
Additionally, (1) state and quasi-public agencies must post a notice on
the secretary of the state’s website and in her office and (2) public
agencies of political subdivisions, other than quasi-public agencies,
must post notice in the (a) subdivision’s clerk’s office or (b) clerk’s
office for each municipal member of a multi-town district or agency.
The bill requires that the agenda for any regular meeting held by
electronic equipment be posted at least 24 hours before the meeting in
the same manner described above. Both the notice and agenda must
include instructions for the public to attend and provide comment or
otherwise participate in the meeting through electronic equipment or
in person, as applicable and permitted by law. Under the bill, both the
notice and agenda must comply with FOIA.
Special Meetings. The bill requires public agencies, other than the
legislature, to include in the notice of a special meeting whether it will 2021HB-06448-R01-BA.DOCX
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be held solely or in part by electronic equipment. The agency must
post the notice and agenda at least 24 hours before the meeting in
accordance with FOIA’s existing requirements.
The bill also requires that the above instructions for meeting
attendance and participation be included in any notice and agenda of a
special meeting that will be held by electronic equipment. (A special
meeting is one held to consider business that (1) was unforeseen when
scheduling regular meetings and (2) should be addressed before the
next regular meeting.)
Conducting Meetings (§ 3(b), 3(d), 3(e) & 3(g))
Under the bill, if a public agency holds a meeting (other than an
executive session or emergency special meeting) solely by electronic
equipment, then it must provide any member of the public with (1) a
physical location and electronic equipment needed to attend the
meeting in real-time, if requested in writing at least 24 hours before the
meeting, and (2) the same opportunities to comment, testify, or
otherwise participate that he or she would have for an in-person
meeting. However, the bill specifies that it does not require public
agencies to offer any of these participation opportunities to members
of the public attending electronically if they are not legally required to
do so for members of the public attending in person.
Under the bill, if a quorum of a public agency’s members attend a
meeting by electronic equipment from the same physical location, then
the agency must allow the public to attend the meeting at that location.
Additionally, any public agency that holds a meeting must provide its
members with the opportunity to participate by electronic equipment.
For meetings that agencies conduct by electronic equipment, the bill
requires participants (both agency members and the public) to make a
good-faith effort to state their name and title each time before speaking
during an uninterrupted dialogue or series of questions and answers.
For meetings in which at least one member participates electronically,
it requires that agencies conduct all votes by roll call unless the vote is
unanimous. 2021HB-06448-R01-BA.DOCX
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Recording and Transcript (§ 3(b))
Under the bill, if a public agency holds a meeting (other than an
executive session or emergency special meeting) solely by electronic
equipment, then it must ensure that the meeting is recorded or
transcribed (other than the parts in executive session). The agency
must post the recording or transcript on its website and make it
available to the public to view, listen, and copy within seven days after
the meeting and for at least 45 days thereafter.
Meeting Minutes (§ 3(d))
FOIA requires public agencies to make meeting minutes available
no later than seven days after a meeting. Among other things, they
must record all votes taken at the meeting. The bill requires that the
minutes of a meeting during which any member participated by
electronic equipment also list the agency members who attended in-
person, as well as those who attended electronically.
Electronic Equipment Interruptions (§ 3(b) & 3(f))
The bill establishes conditions under which a public agency may
resume an interrupted meeting being held by electronic equipment. It
applies to meetings interrupted by (1) the equipment’s failure,
disconnection, or degradation (as determined by the chairperson), or
(2) losing a quorum because a member’s connection by electronic
equipment is interrupted, fails, or becomes degraded.
The bill allows the agency to resume the meeting between 30
minutes to two hours after the interruption or chairperson’s
determination. The agency may do so in person if a quorum is present
in person, or by electronic means solely or in part if a quorum is
restored by electronic means. It must also restore electronic access to
the public if this capability has been restored.
The bill also requires the public agency, if practicable, to post a
notice on its website and inform attendees by electronic means of the
expected resumption time or of the meeting’s adjournment or
postponement. The agency may also announce at the beginning of the
meeting preplanned procedures for resuming an interrupted meeting. 2021HB-06448-R01-BA.DOCX
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The bill specifies that it does not require a public agency to adjourn
or postpone a meeting if a member of the agency or the public
experiences an electronic equipment connection interruption, failure,
or degradation, unless the agency member’s participation is needed for
a quorum.
§§ 2, 4 & 5 — MEETING NOTICES GENE RALLY
Allows public agencies to provide meeting notice by electronic transmission; requires
agencies to post certain notices of adjournment on their websites
Electronic Meeting Notices to Interested Parties (§§ 2 & 4)
FOIA requires public agencies, where practicable, to give notice of
each regular and special meeting at least seven days in advance to a
person who makes a written request for this notice. The bill gives
public agencies the option of providing this notice by electronic
transmission. Under current law, agencies must provide the notice by
mail. It defines “electronic transmission” as any communication form
or process that (1) does not directly physically transfer paper or
another tangible medium and (2) the recipient may retrieve (including
in paper form, specifically), retain, or reproduce.
FOIA allows a person who does not receive proper notice of a
meeting to appeal to the Freedom of Information Commission (FOIC).
Existing law presumes that a political subdivision agency (e.g., a
municipal agency) has given proper notice if it timely sends the notice
by first-class mail to the address provided by the requestor. The bill
additionally presumes proper notice if it is timely sent by electronic
transmission to the requestor’s information processing system (e.g.,
email account). (By law, an “information processing system” is an
electronic system for creating, generating, sending, receiving, storing,
displaying, or processing information.)
Notices of Adjournment (§ 5)
Existing law requires public agencies, when a meeting is adjourned
because all members are absent, to post a notice of adjournment on or
near the door of the meeting’s location. The bill requires agencies to
also post this notice on their websites, if applicable. 2021HB-06448-R01-BA.DOCX
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EFFECTIVE DATE: July 1, 2021
§ 2 — FREEDOM OF INFORMATI ON COMMISSION APPEAL S
Allows FOIC to electronically send certain documents to parties in an appeal before the
commission.
By law, a person who is denied a right conferred by FOIA (e.g.,
inspecting or copying public records or attending a public agency’s
meeting) may file an appeal with FOIC. Existing law requires that
specified documents and notices be provided to parties to the appeal.
The bill allows the following types of documents to be provided by
electronic transmission:
1. service of the appeal notice by FOIC upon all parties (and any
other commission notice or order);
2. notice by a public agency to an employee (and his or her
collective bargaining representative, if any) of any appeal to
FOIC involving the employee’s personnel, medical, or similar
file;
3. notice by FOIC to any person against whom the commission
levies a civil penalty (by law, FOIC may levy a civil penalty of
$20-$1,000 against (a) a complainant whom it finds acted
frivolously or (b) a respondent whom it finds unreasonably
denied a request); and
4. service by FOIC upon all parties of a public agency’s petition for
relief from a vexatious requestor (when the executive director
determines that a hearing is warranted for the petition) and any
other commission notice or order.
EFFECTIVE DATE: July 1, 2021
§§ 6 & 7 — ORDERLY CONDUCT AT M EETINGS
Allows public agencies and town meetings to deny disorderly individuals access to
meetings by electronic equipment
Under existing law, a town meeting moderator may order a proper
officer to take a disorderly person into custody and remove him or her 2021HB-06448-R01-BA.DOCX
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from the meeting if necessary. Additionally, FOIA allows a public
agency’s members, when order cannot be restored by removing
disorderly individuals, to order the room cleared before continuing
with the meeting.
The bill expands this authority to include disorderly individuals
attending a meeting by electronic equipment. It allows town meeting
moderators and public agency members to terminate these
individuals’ attendance by electronic equipment until they conform to
order or, if necessary, until the meeting is over.
EFFECTIVE DATE: Upon passage for town meetings and July 1,
2021, for the FOIA provisions.
§ 8 — ACIR STUDY
Requires ACIR to study the implementation of the bill’s provisions
The bill requires the Advisory Committee on Intergovernmental
Relations (ACIR) to study the (1) implementation of the bill’s remote
meeting provisions and (2) feasibility of remote participation and
voting during meetings, including through conference call,
videoconference, or other technology. ACIR must conduct the study in
consultation with FOIC, the Connecticut Association of Municipal
Attorneys, and the state’s chief information officer or his designee.
The bill requires ACIR to report to the Government Administration
and Elections and Planning and Development committees by February
1, 2022. The report must include (1) findings, including any challenges
encountered; (2) best practice recommendations for implementing the
bill’s remote participating and voting provisions; (3) a feasibility
analysis for remote participation and voting during meetings; and (4)
funding sources to implement remote participation and voting during
meetings using electronic equipment.
EFFECTIVE DATE: Upon passage
§§ 9 & 10 — PAYING FEES ELECTRON ICALLY
Allows town clerks to designate websites for paying recording fees and vital records fees
The bill allows town clerks to designate a website for paying 2021HB-06448-R01-BA.DOCX
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recording fees (e.g., recording documents on the land records) and
accept payments for these fees through the website in a manner they
prescribe. It allows registrars of vital statistics to similarly designate a
website for paying vital records fees (e.g., birth certificates). (Typically,
the town clerk serves as the registrar of vital statistics.)
EFFECTIVE DATE: October 1, 2021
§§ 11-29 — ELECTRONIC TRANSACTI ONS BY MUNICIPAL
PROGRAMS AND ENTITIE S
Makes numerous changes allowing municipal entities and other public agencies to
conduct business electronically; generally, the changes allow specified (1) notices and
applications to be sent electronically and (2) hearings or meetings to be held using
electronic equipment
The bill makes numerous changes allowing municipal entities or
programs to conduct business or otherwise operate using electronic
means, as shown in Table 1. Generally, the changes allow specified (1)
notices and applications to be sent electronically and (2) hearings or
meetings to be held using electronic equipment.
The bill defines “electronic equipment” for these purposes as any
technology facilitating real-time communication between two or more
individuals, including telephone, video, or other conferencing
platforms.
EFFECTIVE DATE: October 1, 2021, except that most provisions
affecting property tax circuit breakers are effective July 1, 2021.
Table 1: Electronic Transactions Authorized by Bill
§ Municipal
Entity or
Program
Action Electronic Option Allowed
by Bill
12-13 Discriminatory
practices
board
Hearing on alleged
discriminatory practice
Allows hearing to be
conducted by electronic
equipment
14 Municipal
revenue-
sharing
agreements
Opportunity for public
participation in the negotiations
between the municipalities
Specifies that public
participation may be in
person, writing, or by
electronic equipment
15 Foreclosed
residential
Registration with municipal clerk
of a residential property on
Allows registration to be
completed electronically in a 2021HB-06448-R01-BA.DOCX
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property
registration
which a plaintiff commences a
foreclosure action
manner the clerk prescribes
Notice to clerk by plaintiff of any
change in the registration
information
Allows plaintiff to provide this
information by email
Registration with clerk of a
residential property by the
person to whom title vests in a
foreclosure action (or
registration update if the person
is the plaintiff in the action)
Allows registration or update
to be sent by email
Notice to clerk by registrant of
any change in the registration
information
Allows registrant to provide
this information by email
16 Parking
violation
hearings
Notice to vehicle owner or
operator of fines, penalties,
costs, or fees for alleged
parking violations
Allows notice to be sent to
the owner's or operator's
email address if known
Request by owner or operator
for a hearing before a parking
violation hearing officer
Allows owners and operators
to make this request by email
Hearing Allows hearing to be held in
person or by electronic
equipment
17-19 Municipal
water
pollution
control
authority
Public hearing on sewerage
system connection and use
charges
Allows hearing to be
conducted by electronic
equipment
Requires that hearing notice
be published on
municipality's website, as
well as in a newspaper as
existing law requires
Charges that are finalized or
revised after the public hearing
Requires that copy of the
charges be published on
municipality's website, as
well as in a newspaper as
existing law requires (the bill
retains existing law's
requirement that it also be
filed in the municipal clerk's
office)
Public hearings on orders
issued to building owners to (1)
connect the building to an
available sewerage system or
Allows hearing to be
conducted by electronic
equipment 2021HB-06448-R01-BA.DOCX
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(2) construct and connect the
building to an alternative
sewage treatment system
20 Boards of
assessment
appeals
Appeals to board by taxpayers
aggrieved by a municipal
assessor's actions
Allows taxpayers to file
appeals by email in a manner
the board prescribes
21 Tax
assessors
and boards of
assessment
appeals
Notice to Office of Policy and
Management (OPM) of deadline
extensions to assessors' or
boards' duties granted by the
municipal chief executive officer
Allows notice to be provided
by email in a manner the
OPM secretary prescribes
Request by municipality to OPM
for a revaluation delay
Eliminates requirement that
supporting information
provided by board of
assessment appeals and
chief executive officer be in
writing
Notice to taxpayers of
assessment increases in
municipalities for which OPM
authorizes a revaluation delay
Allows notice to be sent by
email
22-23 Renters’
Rebate
program
Rebate applications filed with
municipal assessor
Allows applications to be filed
electronically in a manner the
OPM secretary prescribes
Appeals filed with OPM by
persons aggrieved by
assessor's decision
Allows appeals to be filed
electronically in a manner the
secretary prescribes
24 Property tax
freeze for
seniors
Program applications Requires that applications be
made in writing or
electronically in a manner the
municipal assessor
prescribes
Applicants' income tax returns Allows taxpayers to present
an electronic copy of the
return
Biennial notice by municipal
assessor to program
participants of reapplication
requirements (by law, program
participants must reapply to the
program biennially)
Allows assessors to provide
notice electronically at the
taxpayer's option
25-26 Property tax
circuit breaker
for seniors
and
Affidavit filed with municipal
assessor stating applicant’s
income
Allows affidavit to be filed
electronically in a manner the
assessor prescribes
Program application Allows application to be 2021HB-06448-R01-BA.DOCX
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homeowners
with
disabilities
submitted by email in a
manner the OPM secretary or
municipal assessor (as
applicable) prescribes
Biennial notice by municipal
assessor to program
participants of reapplication
requirements (by law, program
participants must reapply to the
program biennially)
Allows assessors to provide
notice electronically at the
taxpayer's option
Notice by grantee to municipal
assessor of a property transfer
by a grantor who was previously
approved for the circuit breaker
Allows grantee to provide
notice by email in a manner
the assessor prescribes
Notice by tax collector to
grantee of any additional tax
due
Allows tax collector to provide
notice by email at the
grantee's option
Application to assessor for a
grant in lieu of a property tax
reduction
Allows applicant to submit
application by email in a
manner the assessor
prescribes
Appeal to the OPM secretary by
a person aggrieved by an
assessor's decision
Allows person to appeal by
email in a manner the
secretary prescribes
27-28 Municipal
building
permits
Permit application Requires that applications be
filed in person, by mail, or by
email, in a manner the
building official prescribes
Permit applications containing
plans and specifications
previously approved by the
state building inspector
Allows applications to be filed
in person, by mail, or by
email, in a manner the
building official prescribes
29 Municipal
building
officials
Appeals filed with municipal
board of appeals by persons
aggrieved by the building
official's decision
Allows appeals by email in a
manner the board prescribes
Appeals filed with municipal
chief executive officer when
there is no board of appeals
Allows appeals by email in a
manner the chief executive
officer prescribes
§ 22 — RENTERS' REBATE APPL ICATIONS
Requires municipalities to grant relief to renters from certain notarization requirements
imposed by the municipality for program applications
In practice, some municipalities require applicants for the Renters’ 2021HB-06448-R01-BA.DOCX
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Rebate program to provide a notarized landlord verification of
property rental on their application. The bill requires these
municipalities to exempt a renter from this requirement if a
verification for the same property rental by the same renter was
previously notarized. It also prohibits these municipalities from
delaying an application’s submission to the OPM secretary if the renter
misses the notarization deadline but is otherwise qualified.
EFFECTIVE DATE: October 1, 2021
§§ 30 & 32-35 — REGIONAL COUNCILS OF GOVERNMENTS
BYLAWS, SERVICES, AND FUNDING
Makes minor changes to Regional Councils of Governments (COG) bylaw and procedural
requirements and modifies, beginning FY22, the COG grant funding calculation
COG Bylaws (§ 32)
The bill modifies COG bylaw requirements to: (1) allow COG
representatives to serve more than two consecutive terms in the same
position, (2) eliminate a requirement that a COG treasurer be bonded,
and (3) allow, rather than require, COGs to establish an executive
committee.
COGs’ Provision of Regional Services (§ 34)
The bill requires a COG’s member municipalities to affirmatively
vote to approve the COG’s provision and administration of regional
services. It specifies that an interlocal agreement is not required for a
COG to provide these regional services
Regional Performance Incentive Account Grant Amounts (§§ 35-
36)
Beginning in FY 22, the bill requires the OPM secretary to annually
distribute a grant from the regional planning incentive account to each
COG in the amount of $185,500 plus 68 cents per capita (in practice,
this grant is referred to as a regional service grant-in-aid).
Current law requires the OPM secretary to distribute $4.1 million
from this account to the COGs for each of FYs 20 and 21 (PA 19-117, §
29). From this amount, it requires the secretary to allocate to each COG
$125,000 plus 50 cents per capita. COGs composed of one or more 2021HB-06448-R01-BA.DOCX
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planning regions that voluntarily merged before 2014 receive an
additional $125,000 for each merged region. Under current law, the
secretary must also distribute an additional amount, within available
appropriations, based on a formula the secretary establishes.
The regional planning incentive account is a separate, nonlapsing
General Fund account funded by 6.7% of the revenue generated by the
room occupancy tax and 10.7% of the revenue generated by the rental
car tax (CGS § 12-411(1)(J)).
Grant Proposed Spending Plan
Under existing law and the bill, COGs must annually submit a
proposed spending plan to OPM by July 1 to be eligible for a grant that
fiscal year. The bill authorizes the secretary to establish an approval
process for biennial submissions of these spending plans.
The bill specifies that the proposed spending plans may describe the
following:
1. state or municipal functions, activities, or services that a COG,
RESC, or similar entity may provide in a more efficient, cost-
effective, responsive, or quality manner;
2. anticipated cost savings related to sharing government services
(e.g., joint purchasing);
3. the standardization and alignment of the state’s regions; and
4. other initiatives that may facilitate service delivery to the public
in a more efficient, cost-effective, responsive, or quality manner.
Eliminated MRSA Grant Funding (§ 37)
The bill removes the requirement that $7 million from the municipal
revenue sharing account (MRSA) be used to fund COG grants each
year and makes conforming changes. It also eliminates obsolete
provisions in the MRSA law.
EFFECTIVE DATE: July 1, 2021, except the provision requiring an
affirmative vote to authorize a COG to provide and administer 2021HB-06448-R01-BA.DOCX
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regional services (§ 34) is effective upon passage.
§ 31 — REGIONAL PERFORMANCE INCENTIVE PROGRAM
Modifies the entities and projects that are eligible for Regional Performance Incentive
Program (RPIP) funding and the application requirements and selection criteria
Eligible Entities
The bill limits eligibility for RPIP grants to COGs and regional
educational service centers (RESC), or any combination of them, thus
making economic development districts, boards of education serving a
population of more than 100,000, and municipalities applying through
COGs no longer eligible.
Eligible Purposes
The bill expands the purposes for which OPM may award the
grants to include:
1. redistributing specified state grants to municipalities according
to regional priorities (specifically Small Town Economic
Assistance Program, Main Street Investment Fund, Intertown
Capital Equipment Purchase Incentive Program, and Local
Capital Improvement Fund grants) and
2. revenue sharing among municipalities that have entered certain
agreements to do so.
As under existing law, OPM may also award the grants for (1) the
provision of a service that a member municipality or board of
education currently provides, but not on a regional basis, and (2) for
regional special education initiatives to RESCs that serve more than
100,000 people.
The bill removes OPM’s ability to award grants for (1) planning
studies on joint services and (2) shared information technology
services.
Application and Other Requirements
As under existing law, applicants must provide certain information
to OPM about the proposal and its projected benefits. The bill expands 2021HB-06448-R01-BA.DOCX
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the required information to include:
1. an acknowledgment from any employee organization
potentially impacted by the proposal that it was informed of
and consulted about the proposal (under the bill, an “employee
organization” is a labor or other lawful organization whose
primary purpose is to improve wages, hours, and other
employment conditions);
2. a resolution from the impacted COG or COGs endorsing the
proposal; and
3. a resolution from the applying COG or RESC stating that it will
fund at least 25% of the proposal’s first year costs and all of its
costs by the fourth year.
Under current law, each participating municipality’s legislative
body must provide an endorsing resolution instead.
The bill also modifies the existing application requirements by
specifying that the explanations about (1) economies of scale must
pertain to participating members and (2) legal obstacles must also
explain how the obstacles will be resolved.
Additionally, the bill specifies that COGs, RESCs, member
municipalities, and boards of education are not required to execute an
interlocal agreement to implement a proposal.
Selection Criteria
Current law requires OPM to prioritize certain grant proposals (e.g.,
proposals submitted by boards of education and economic
development districts). Under the bill, the OPM secretary must instead
award grants to proposals that she determines best meet specified
criteria, specifically those that:
1. will be available to or benefit all COG or RESC members;
2. demonstrate, compared to existing service delivery, an
increased capacity and efficiency; a cost benefit to members; 2021HB-06448-R01-BA.DOCX
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increased cost savings; and a diminished need for state funding;
3. promote cooperation among members that may lead to a
reduction in economic or social inequality;
4. were approved by a majority of members; and
5. comply with application requirements about employee labor
organizations and COG or RESC proposal funding.
The bill allows boards of education that are awarded a grant
(presumably through a RESC), and realize cost savings as a result, to
deposit those cost savings into an unexpended education fund
account.
Reporting Requirements
The bill requires applicants to send a copy of their applications to
the legislators representing the participating local or regional boards of
education. Existing law already requires that they send a copy to the
participating municipalities’ legislators.
Under existing law, the OPM secretary must annually submit to the
governor and Finance, Revenue and Bonding Committee a report that
lists the grant amounts, their potential to leverage other public and
private investments, and property tax reductions achieved. The bill
also requires the report to describe any service improvements due to
the program.
EFFECTIVE DATE: Upon passage
§ 36 — OUTDOOR DINING ALLOW ED AS-OF-RIGHT NEAR FOOD
ESTABLISHMENTS
Beginning April 1, 2022, requires municipalities to allow outdoor food and beverage
service as an accessory use to a licensed food establishment
The bill requires municipalities to allow outdoor food and beverage
service (“dining”) as an accessory use to a licensed food establishment
(e.g., restaurant or food market). The bill’s requirement is not time-
limited and applies regardless of conflicting state laws or local
ordinances or charters (see BACKGROUND). 2021HB-06448-R01-BA.DOCX
Researcher: TA Page 18 6/8/21
Under the bill, food establishments may provide outdoor dining as-
of-right unless the food establishment is a nonconforming use (i.e., if a
food establishment does not comply with current zoning regulations, it
is not allowed to offer outdoor dining as-of-right). Under the bill, a
food establishment must seek an administrative site plan review to
determine whether the proposed outdoor dining use conforms with
zoning requirements not contemplated by the bill (e.g., regulations
unrelated to providing pedestrian pathways and parking). If outdoor
dining is approved, food establishments can offer it until 9:00 p.m. or
later if allowed by the zoning commission (or, presumably, planning
and zoning commission, if it is a combined commission). The bill does
not specify an application, approval, or appeals procedure.
EFFECTIVE DATE: April 1, 2022
Dining in Pedestrian Pathways
The bill specifically allows outdoor dining on public sidewalks and
other pedestrian pathways where vehicles are not allowed, if the area
used abuts the business and a pathway is provided that meets the bill’s
requirements. Specifically, the pathway must:
1. be constructed in compliance with the federal Americans with
Disabilities Act’s (ADA) physical accessibility guidelines
2. extend for the length of the lot (parcel);
3. be at least four feet wide (excluding any portion that is on a
street or highway); and
4. remain unobstructed for pedestrian use.
The municipal official or agency that issues right-of-way or
obstruction permits may impose reasonable conditions on using a
pedestrian pathway for outdoor dining.
Dining in Parking Areas and Other Open Areas
The bill also allows outdoor dining (1) in off-street parking spaces
associated with the business and (2) on any lot, yard, court, or open 2021HB-06448-R01-BA.DOCX
Researcher: TA Page 19 6/8/21
space abutting the food establishment. The bill specifies that these non-
parking areas can be used for outdoor dining if:
1. they are in a zoning district that allows food establishments;
2. the use complies with any applicable requirements for access or
pathways under the ADA’s physical accessibility guidelines;
and
3. the owner of these non-parking areas gives written permission,
a copy of which must be provided to the zoning commission
(or, presumably, planning and zoning commission when
applicable).
§ 37 — EFFECTIVE DATE FOR DOG LICENSURE PROVISION
Changes the effective date from July 1 to October 1, 2021, of provisions on dog licensure
and tags issued by town clerks in sHB 6318
The bill delays the effective date of sHB 6318 (§ 5) by three months
to October 1, 2021. sHB 6318, passed by the House, generally broadens
the applicability of current protections and provisions related to guide
dogs or assistance dogs by replacing references to guide dogs or
assistance dogs with a federal definition for “service animals.” The
delayed provisions:
1. require town clerks to provide a license and tag for a trained
service animal owned or kept by someone with a disability,
including an intellectual, physical, mental, or learning disability;
and
2. allow town clerks in certain cases to ask a dog’s owner or
keeper certain questions about the dog and its training rather
than requiring written evidence for licensure.
EFFECTIVE DATE: Upon passage
BACKGROUND
Related Act
SA 21-3, signed by the governor on March 31, 2021, generally
incorporates the outdoor dining and retail provisions contained in 2021HB-06448-R01-BA.DOCX
Researcher: TA Page 20 6/8/21
Executive Order (EO) 7MM (2020), as amended by subsequent EOs,
and extends them until March 31, 2022.
Related Bills
sHB 6651 (File 510) and sSB 183 (File 441), reported favorably by the
Government Administration and Elections (GAE) Committee, also
authorize remote meetings under FOIA.
sSB 1074 (File 525), reported favorably by the GAE and
Appropriations committees, also authorizes remote meetings under
FOIA.
HB 6641 (File 547), reported favorably by the Planning and
Development Committee, also authorizes remote meetings under
FOIA and includes similar provisions on electronic fee payments and
electronic transactions by municipal programs and entities.
sHB 6104 (File 68), reported favorably by the Planning and
Development Committee, also modifies (1) the funding calculation for
COG grants paid from the regional planning incentive account, (2)
eligibility for RPIP projects, and (3) procedural requirements
pertaining to COGs.
sHB 6318 (File 119), which the House passed, contains the
provisions on guide dogs or assistance dogs.
Telephone Meetings Under FOIA
Although FOIA currently does not explicitly authorize telephone or
other remotely held meetings, its definition of “meeting” includes
those held by electronic equipment (CGS § 1-200(2)).
In its only advisory opinion on the subject, FOIC advised that public
agencies conducting business over the phone must comply with
FOIA’s open meeting requirements. According to FOIC, agencies must
make sure that the public has “access to the entire proceedings taking
place during the course of a meeting.”
Specifically, the commission advised that the meeting must comply 2021HB-06448-R01-BA.DOCX
Researcher: TA Page 21 6/8/21
with at least the following:
1. members of the public who want to attend the meeting must be
accommodated at a place where the greatest number of
participating agency members are located;
2. people attending the meeting, including members of the public,
must be able to see and inspect copies of any physical or
demonstrable materials presented or used; and
3. all those attending the meeting, at whatever location, must be
able to hear and identify adequately all participants in the
proceedings, including individual remarks and votes (Advisory
Opinion 41, 1980).
COMMITTEE ACTION
Planning and Development Committee
Joint Favorable Substitute
Yea 17 Nay 9 (03/31/2021)
Appropriations Committee
Joint Favorable
Yea 31 Nay 16 (05/28/2021)