Connecticut 2021 Regular Session

Connecticut Senate Bill SB00966 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11
22
33
44 LCO No. 4101 1 of 10
55
66 General Assembly Raised Bill No. 966
77 January Session, 2021
88 LCO No. 4101
99
1010
1111 Referred to Committee on PLANNING AND DEVELOPMENT
1212
1313
1414 Introduced by:
1515 (PD)
1616
1717
1818
1919
2020 AN ACT CONCERNING TH E METROPOLITAN DISTR ICT OF
2121 HARTFORD COUNTY.
2222 Be it enacted by the Senate and House of Representatives in General
2323 Assembly convened:
2424
2525 Section 1. Section 8 of number 511 of the special acts of 1929, as 1
2626 amended by section 3 of special act 83-31, section 1 of special act 99-12 2
2727 and section 3 of special act 14-21, is amended to read as follows (Effective 3
2828 July 1, 2021): 4
2929 Said board, either directly or under committees consisting of one or 5
3030 more members of said board, shall organize bureaus for the convenient 6
3131 carrying into effect of the several functions herein committed to said 7
3232 board and may define the powers and duties of such bureaus and 8
3333 delegate to them such powers and duties by ordinance, by-law or 9
3434 otherwise as may, in the judgment of the board, be necessary for the 10
3535 convenient operation of the same. No member of the board shall receive 11
3636 any pay for his or her services as such member or as a member of a sub-12
3737 committee of the board except that a reasonable sum may annually be 13
3838 appropriated for the actual expenses of said board. The board may, by 14
3939 ordinance, by-law or otherwise, fix the salaries and define the duties of 15 Raised Bill No. 966
4040
4141
4242
4343 LCO No. 4101 2 of 10
4444
4545 all officers and employees or may delegate the fixing of salaries of 16
4646 employees and assignment of duties of employees to sub-committees or 17
4747 bureau managers. The chairman and vice-chairman of said district and 18
4848 of all sub-committees, bureaus, boards and commissions appointed by 19
4949 the district board shall, unless otherwise provided in the appointment 20
5050 or [herein] in this section, hold office until the end of the fiscal year of 21
5151 their appointment and thereafter shall be appointed for terms of two 22
5252 years and until their successors shall be appointed and shall have 23
5353 qualified. The members of all sub-committees, bureaus, boards and 24
5454 commissions appointed by the district board shall, unless otherwise 25
5555 provided in the appointment or [herein] in this section, hold such 26
5656 membership until the end of the fiscal year of their appointment and 27
5757 thereafter shall hold membership for terms of two years and until their 28
5858 successors shall be appointed and shall have qualified. The managers of 29
5959 the water bureau and of the bureau of public works and such others of 30
6060 the officers as by the district board shall be especially so designated shall 31
6161 hold office during good behavior and shall be removed only for cause. 32
6262 All other officers and employees may be removed at any time by the 33
6363 district board at pleasure. All vacancies may be filled by the district 34
6464 board. Said district board [shall have power to] may fill any vacancy 35
6565 occurring in its number for the unexpired portion of the term and, 36
6666 except as otherwise expressly provided, shall act in all cases by a 37
6767 majority of those present at any regular or special meeting, duly 38
6868 warned. A majority of the board shall constitute a quorum and the time, 39
6969 place and manner of calling meetings and the holding thereof, including 40
7070 the manner of dissolving tie votes, shall be prescribed by said board by 41
7171 by-law or otherwise. The district board shall be the final judge of the 42
7272 election returns and validity of elections and qualifications of its 43
7373 members and shall decide all tie votes in elections. Except as hereinafter 44
7474 provided, the district board shall have power to authorize the sale, 45
7575 transfer and conveyance of real and personal estate belonging to the 46
7676 district, and shall provide by by-law or otherwise for the form and 47
7777 manner of execution of the documents and instruments convenient 48
7878 therefor. The Auditors of Public Accounts, established under chapter 23 49
7979 of the general statutes, shall audit the district accounts annually in 50 Raised Bill No. 966
8080
8181
8282
8383 LCO No. 4101 3 of 10
8484
8585 accordance with the provisions of said chapter. The district board [shall 51
8686 make provision for the proper auditing of the district accounts and] may 52
8787 cause any officer to execute bonds to the district with surety to the 53
8888 acceptance of the district board for the faithful performance of duties. 54
8989 The district board shall post the current budget of the district in a 55
9090 conspicuous location on the district's Internet web site. 56
9191 Sec. 2. Section 8 of special act 14-21 is amended to read as follows 57
9292 (Effective July 1, 2021): 58
9393 The [Metropolitan District Commission] Auditors of Public Accounts 59
9494 shall, annually, submit a copy of the audit prepared pursuant to 60
9595 [chapter 111 of the general statutes] section 8 of number 511 of the 61
9696 special acts of 1929, as amended by section 3 of special act 83-31, section 62
9797 1 of special act 99-1, section 3 of special act 14-21 and this act, to the 63
9898 Office of Fiscal Analysis. 64
9999 Sec. 3. Subsection (a) of section 4 of special act 90-27, as amended by 65
100100 section 6 of public act 93-380 and section 9 of special act 14-21, is 66
101101 amended to read as follows (Effective July 1, 2021): 67
102102 (a) The Metropolitan District in Hartford County created pursuant to 68
103103 number 511 of the special acts of 1929, as amended, may issue bonds or 69
104104 other obligations, or may enter into leases of real or personal property 70
105105 or any interest [therein] in such property, from time to time for the 71
106106 purpose of paying all or any part of the cost of designing, acquiring, 72
107107 purchasing, constructing, reconstructing, improving, extending, 73
108108 financing, refinancing, operating or managing any facility, system, 74
109109 program or equipment necessary or desirable in connection with 75
110110 carrying out any of its authorized purposes, including payment of 76
111111 expenses of administration properly chargeable thereto, including, 77
112112 without limitation, legal, architectural and engineering expenses and 78
113113 fees, [and costs of audits,] and payment of costs, fees and expenses 79
114114 which the district board may deem necessary or advantageous in 80
115115 connection with the authorization, sale and issuance of bonds or notes 81
116116 or other obligations, including but not limited to, underwriters' discount 82 Raised Bill No. 966
117117
118118
119119
120120 LCO No. 4101 4 of 10
121121
122122 and payment of all other items of expense incurred in connection 83
123123 therewith. The district may issue such types of bonds or other 84
124124 obligations as the district board by resolution approved by a majority of 85
125125 its members may determine, including, without limiting the generality 86
126126 of the foregoing, bonds or other obligations payable as to principal and 87
127127 interest exclusively from the income and revenues of a particular 88
128128 facility, system or program. Bonds or other obligations payable as to 89
129129 principal and interest exclusively from the income and revenues of a 90
130130 particular facility, system or program shall not constitute an 91
131131 indebtedness within the meaning of any statutory limitation on the 92
132132 indebtedness of the district or any member municipality. 93
133133 Notwithstanding the provisions of sections 23, 24, 25, 26 and 51 of 94
134134 number 511 of the special acts of 1929, as amended, any surplus moneys 95
135135 not needed in the determination of the district board to meet the 96
136136 purposes of funds established pursuant to said sections and any surplus 97
137137 revenues in the assessable sewer fund may be pledged as additional 98
138138 security for any such bonds or the provider of any credit enhancement 99
139139 for any such bonds, which also may be secured by a pledge of any 100
140140 income or revenues of the district, or a mortgage on any facility or 101
141141 system or the site thereof. Whenever and for so long as the district has 102
142142 issued and has outstanding bonds pursuant to this section, the district 103
143143 board shall fix, charge and collect rates, rents, fees and other charges in 104
144144 accordance herewith. Neither the members of the district nor any person 105
145145 executing the bonds shall be liable personally on the bonds by reason of 106
146146 the issuance thereof. The bonds and other obligations of the district, and 107
147147 such bonds and obligations shall so state on their face, shall not be a debt 108
148148 of the state or any political subdivision thereof, and no person other than 109
149149 the district shall be liable thereon, nor shall such bonds or obligations be 110
150150 payable out of any funds or properties other than those of the district. 111
151151 Bonds of the district issued under the provisions of sections 2 and 13 of 112
152152 number 511 of the special acts of 1929, as amended, and sections 2 and 113
153153 4 of special act 90-27, as amended by public act 93-380 and this act, are 114
154154 declared to be issued for an essential public and governmental purpose. 115
155155 In anticipation of the sale of such bonds the district may issue negotiable 116
156156 bond anticipation notes and may renew the same from time to time, but 117 Raised Bill No. 966
157157
158158
159159
160160 LCO No. 4101 5 of 10
161161
162162 the maximum maturity of any such note including renewals thereof, 118
163163 shall not exceed five years from the date of issue of the original note. 119
164164 Such notes shall be paid from any revenues of the district available 120
165165 therefor and not otherwise pledged, or from the proceeds of sale of the 121
166166 bonds of the district in anticipation of which they were issued. Such 122
167167 notes and the resolution or resolutions authorizing the same may 123
168168 contain any provisions, conditions or limitations which a bond 124
169169 resolution of the district may contain. 125
170170 Sec. 4. Subsection (c) of section 2-90 of the general statutes is repealed 126
171171 and the following is substituted in lieu thereof (Effective July 1, 2021): 127
172172 (c) Said auditors shall audit, on a biennial basis if deemed most 128
173173 economical and efficient, or as frequently as they deem necessary, the 129
174174 books and accounts of each officer, department, commission, board and 130
175175 court of the state government, all institutions supported by the state and 131
176176 all public and quasi-public bodies, politic and corporate, created by 132
177177 public or special act of the General Assembly and not required to be 133
178178 audited or subject to reporting requirements, under the provisions of 134
179179 chapter 111, except that said auditors shall audit, on an annual basis, or 135
180180 as frequently as they deem necessary, the books and accounts of the 136
181181 Metropolitan District of Hartford County. Each such audit may include 137
182182 an examination of performance in order to determine effectiveness in 138
183183 achieving expressed legislative purposes. The auditors shall report their 139
184184 findings and recommendations to the Governor, the State Comptroller 140
185185 and the joint standing committee of the General Assembly having 141
186186 cognizance of matters relating to appropriations and the budgets of state 142
187187 agencies. 143
188188 Sec. 5. Section 7-391 of the general statutes is repealed and the 144
189189 following is substituted in lieu thereof (Effective July 1, 2021): 145
190190 When used in this chapter, unless the context otherwise requires, the 146
191191 following terms shall have the meanings herein specified: "Secretary" 147
192192 means the Secretary of the Office of Policy and Management; 148
193193 "municipality" includes each town, consolidated town and city, 149 Raised Bill No. 966
194194
195195
196196
197197 LCO No. 4101 6 of 10
198198
199199 consolidated town and borough, city and borough; "audited agency" 150
200200 includes each district, as defined in section 7-324, or other municipal 151
201201 utility, [the Metropolitan District of Hartford County,] each regional 152
202202 council of governments, any other political subdivision of similar 153
203203 character which is created and any other agency created or designated 154
204204 by a municipality to act for such municipality whose annual receipts 155
205205 from all sources exceed one million dollars, excluding the Metropolitan 156
206206 District of Hartford County; "reporting agency" includes each district, 157
207207 as defined in section 7-324, or other municipal utility, each regional 158
208208 council of governments, any other political subdivision of similar 159
209209 character which is created and any other agency created or designated 160
210210 by a municipality to act for such municipality whose annual receipts 161
211211 from all sources do not exceed one million dollars; "appointing 162
212212 authority" means the legislative body of a municipality or the board, 163
213213 committee or other governing body of such audited agency, except in 164
214214 any town where the authority to adopt a budget rests with a town 165
215215 meeting or a representative town meeting "appointing authority" means 166
216216 the board of finance or other board, committee or body charged with 167
217217 preparing the budget, or in a town that has no board of finance or other 168
218218 such board, committee or body, means the board of selectmen or the 169
219219 town council; "audit report" means the report of the independent 170
220220 auditor and the annual financial statements of the municipality or 171
221221 audited agency; "independent auditor" means a public accountant who 172
222222 is licensed to practice in the state of Connecticut and who meets the 173
223223 independence standards included in generally accepted government 174
224224 auditing standards; "public accountant" means an individual who meets 175
225225 standards included in generally accepted government auditing 176
226226 standards for personnel performing government audits and the 177
227227 licensing requirements of the State Board of Accountancy; "receipts" 178
228228 means amounts accrued or received by a municipality, audited agency 179
229229 or reporting agency and reportable as revenues in accordance with 180
230230 generally accepted accounting principles; "municipal utility" means 181
231231 every Connecticut municipality or department or agency thereof, or 182
232232 Connecticut district, manufacturing, selling or distributing gas or 183
233233 electricity to be used for light, heat or power or water. 184 Raised Bill No. 966
234234
235235
236236
237237 LCO No. 4101 7 of 10
238238
239239 Sec. 6. (Effective July 1, 2021) (a) There is established a task force to 185
240240 examine the organization and operations of the Metropolitan District of 186
241241 Hartford County. The task force's examination shall include, but not be 187
242242 limited to, a review of the district's charter provisions and 188
243243 recommendations for revisions to such provisions. 189
244244 (b) The task force shall consist of the following members: 190
245245 (1) One appointed by the speaker of the House of Representatives, 191
246246 who is a member of the administrative staff of the Capitol Region 192
247247 Council of Governments; 193
248248 (2) One appointed by the president pro tempore of the Senate, who is 194
249249 a representative of an organization that advocates for environmental 195
250250 protection and conservation; 196
251251 (3) One appointed by the minority leader of the House of 197
252252 Representatives, who is an officer of an engineering or consulting firm 198
253253 involved in infrastructure improvements to the wastewater system of 199
254254 the Metropolitan District of Hartford County to achieve goals of the 200
255255 federal Clean Water Act, 33 USC 1251 et seq.; 201
256256 (4) One appointed by the minority leader of the Senate, who is an 202
257257 officer of an investor-owned public water supply company operating in 203
258258 the state; 204
259259 (5) The Independent Consumer Advocate, selected pursuant to 205
260260 section 7-334a of the general statutes; 206
261261 (6) The Consumer Counsel, appointed pursuant to section 16-2a of 207
262262 the general statutes, or his or her designee; 208
263263 (7) The chairperson of the Public Utilities Regulatory Authority, 209
264264 elected pursuant to section 16-2 of the general statutes, or his or her 210
265265 designee; 211
266266 (8) One from the city of Hartford, appointed by the mayor thereof; 212 Raised Bill No. 966
267267
268268
269269
270270 LCO No. 4101 8 of 10
271271
272272 (9) One from the city of East Hartford, appointed by the mayor 213
273273 thereof; 214
274274 (10) One from the town of Wethersfield, appointed by the town 215
275275 manager thereof; 216
276276 (11) One from the town of Newington, appointed by the town 217
277277 manager thereof; 218
278278 (12) One from the town of Windsor, appointed by the town manager 219
279279 thereof; 220
280280 (13) One from the town of West Hartford, appointed by the mayor 221
281281 thereof; 222
282282 (14) One from the town of Bloomfield, appointed by the town 223
283283 manager thereof; 224
284284 (15) One from the town of Rocky Hill, appointed by the town 225
285285 manager thereof; 226
286286 (16) One from the town of Glastonbury, appointed by the town 227
287287 manager thereof; 228
288288 (17) One from the town of East Granby, appointed by the first 229
289289 selectman thereof; 230
290290 (18) One from the town of South Windsor, appointed by the town 231
291291 manager thereof; and 232
292292 (19) One from the town of Farmington, appointed by the town 233
293293 manager thereof. 234
294294 (c) All initial appointments to the task force shall be made not later 235
295295 than thirty days after the effective date of this section. Any vacancy shall 236
296296 be filled by the appointing authority. 237
297297 (d) The Independent Consumer Advocate shall serve as chairperson 238
298298 of the task force and shall schedule the first meeting of the task force, 239 Raised Bill No. 966
299299
300300
301301
302302 LCO No. 4101 9 of 10
303303
304304 which shall be held not later than sixty days after the effective date of 240
305305 this section. 241
306306 (e) The administrative staff of the joint standing committee of the 242
307307 General Assembly having cognizance of matters relating to planning 243
308308 and development shall serve as administrative staff of the task force. 244
309309 (f) Not later than January 1, 2022, the task force shall submit a report 245
310310 on its examination to the joint standing committee of the General 246
311311 Assembly having cognizance of matters relating to planning and 247
312312 development, in accordance with the provisions of section 11-4a of the 248
313313 general statutes. The task force shall terminate on the date that it 249
314314 submits such report or January 1, 2022, whichever is later. 250
315315 Sec. 7. (Effective July 1, 2021) Not later than January 1, 2022, the board 251
316316 of commissioners of the Metropolitan District of Hartford County shall 252
317317 adopt, administer and enforce the model code of ethics for 253
318318 municipalities and special districts developed by the State Ethics 254
319319 Commission, pursuant to public act 94-172, and as revised from time to 255
320320 time by the Office of State Ethics. 256
321321 This act shall take effect as follows and shall amend the following
322322 sections:
323323
324324 Section 1 July 1, 2021 Number 511 of the
325325 special acts of 1929, Sec.
326326 8
327327 Sec. 2 July 1, 2021 SA 14-21, Sec. 8
328328 Sec. 3 July 1, 2021 SA 90-27, Sec. 4(a)
329329 Sec. 4 July 1, 2021 2-90(c)
330330 Sec. 5 July 1, 2021 7-391
331331 Sec. 6 July 1, 2021 New section
332332 Sec. 7 July 1, 2021 New section
333333
334334 Statement of Purpose:
335335 To (1) require annual audits of the Metropolitan District's books and
336336 accounts by the Auditors of Public Accounts, (2) establish a task force to
337337 examine the organization and operations of the district, and (3) require Raised Bill No. 966
338338
339339
340340
341341 LCO No. 4101 10 of 10
342342
343343 the board of commissioners of the district to adopt, administer and
344344 enforce the model code of ethics for municipalities and special districts.
345345 [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
346346 that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
347347 underlined.]
348348