Connecticut 2022 2022 Regular Session

Connecticut House Bill HB05165 Introduced / Bill

Filed 02/16/2022

                        
 
 
LCO No. 201  	1 of 6 
 
General Assembly  Raised Bill No. 5165  
February Session, 2022 
LCO No. 201 
 
 
Referred to Committee on PLANNING AND DEVELOPMENT  
 
 
Introduced by:  
(PD)  
 
 
 
 
AN ACT CONCERNING THE STATE PLAN OF CONSERVATION AND 
DEVELOPMENT. 
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Section 16a-25 of the general statutes is repealed and the 1 
following is substituted in lieu thereof (Effective from passage): 2 
As used in this chapter: 3 
(1) "Process" means the procedure for adopting, amending, revising 4 
and implementing a state plan of conservation and development; 5 
(2) "Existing plan" means the plan promulgated by Executive Order 6 
No. 28, September 27, 1974; 7 
(3) "Secretary" means the Secretary of the Office of Policy and 8 
Management; 9 
(4) "Committee" means the continuing legislative committee on state 10 
planning and development established pursuant to section 4-60d; 11 
(5) "Adoption year" means the calendar year [which is no later than 12  Raised Bill No.  5165 
 
 
 
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five years subsequent to the year in which the plan was last adopted in 13 
accordance with the process established in this chapter] in which the 14 
General Assembly adopts the plan as the plan of conservation and 15 
development for the state; 16 
(6) "Revision year" means the calendar year immediately preceding 17 
the customary adoption year; 18 
(7) "Prerevision year" means the calendar year immediately 19 
preceding the revision year; 20 
(8) "State agency" means any state department, institution, board, 21 
commission or official; and 22 
(9) "Plan", when referring to the state plan for conservation and 23 
development, means the text of such plan and any accompanying 24 
locational guide map.  25 
Sec. 2. Section 16a-27 of the general statutes is repealed and the 26 
following is substituted in lieu thereof (Effective from passage): 27 
(a) The secretary, after consultation with all appropriate state, 28 
regional and local agencies and other appropriate persons, shall, prior 29 
to March 1, 2012, complete a revision of the existing plan and enlarge it 30 
to include, but not be limited to, policies relating to transportation, 31 
energy and air. Any revision made after July 1, 1995, shall take into 32 
consideration the conservation and development of greenways that 33 
have been designated by municipalities and shall recommend that state 34 
agencies coordinate their efforts to support the development of a state-35 
wide greenways system. The Commissioner of Energy and 36 
Environmental Protection shall identify state-owned land for inclusion 37 
in the plan as potential components of a state greenways system. 38 
(b) Any revision made after August 20, 2003, shall take into account 39 
(1) economic and community development needs and patterns of 40 
commerce, and (2) linkages of affordable housing objectives and land 41 
use objectives with transportation systems. 42  Raised Bill No.  5165 
 
 
 
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(c) Any revision made after March 1, 2006, shall (1) take into 43 
consideration risks associated with natural hazards, including, but not 44 
limited to, flooding, high winds and wildfires; (2) identify the potential 45 
impacts of natural hazards on infrastructure and property; and (3) make 46 
recommendations for the siting of future infrastructure and property 47 
development to minimize the use of areas prone to natural hazards, 48 
including, but not limited to, flooding, high winds and wildfires. 49 
(d) Any revision made after July 1, 2005, shall describe the progress 50 
towards achievement of the goals and objectives established in the 51 
previously adopted state plan of conservation and development and 52 
shall identify (1) areas where it is prudent and feasible (A) to have 53 
compact, transit accessible, pedestrian-oriented mixed-use 54 
development patterns and land reuse, and (B) to promote such 55 
development patterns and land reuse, (2) priority funding areas 56 
designated under section 16a-35c, and (3) corridor management areas 57 
on either side of a limited access highway or a rail line. In designating 58 
corridor management areas, the secretary shall make recommendations 59 
that (A) promote land use and transportation options to reduce the 60 
growth of traffic congestion; (B) connect infrastructure and other 61 
development decisions; (C) promote development that minimizes the 62 
cost of new infrastructure facilities and maximizes the use of existing 63 
infrastructure facilities; and (D) increase intermunicipal and regional 64 
cooperation. 65 
(e) Any revision made after October 1, 2008, shall (1) for each policy 66 
recommended (A) assign a priority; (B) estimate funding for 67 
implementation and identify potential funding sources; (C) identify 68 
each entity responsible for implementation; and (D) establish a schedule 69 
for implementation; and (2) for each growth management principle, 70 
determine three benchmarks to measure progress in implementation of 71 
the principles, one of which shall be a financial benchmark. 72 
(f) Any revision made after October 1, 2009, shall take into 73 
consideration the protection and preservation of Connecticut Heritage 74 
Areas. 75  Raised Bill No.  5165 
 
 
 
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(g) Any revision made after December 1, 2011, shall take into 76 
consideration (1) the state water supply and resource policies 77 
established in sections 22a-380 and 25-33c, and (2) the list prepared by 78 
the Commissioner of Public Health pursuant to section 25-33q. 79 
(h) Any revision made after October 1, 2019, shall (1) take into 80 
consideration risks associated with increased coastal flooding and 81 
erosion, depending on site topography, as anticipated in the most recent 82 
sea level change scenario updated pursuant to subsection (b) of section 83 
25-68o, (2) identify the impacts of such increased flooding and erosion 84 
on infrastructure and natural resources, (3) make recommendations for 85 
the siting of future infrastructure and property development to 86 
minimize the use of areas prone to such flooding and erosion, and (4) 87 
take into consideration the state's greenhouse gas reduction goals 88 
established pursuant to section 22a-200a. 89 
(i) Any revision made after October 1, 2016, shall take into 90 
consideration the need for technology infrastructure in the 91 
municipality. 92 
(j) Thereafter on or before March first in each revision year the 93 
secretary shall complete a revision of the plan of conservation and 94 
development, provided no revision year may be later than four years 95 
subsequent to the year in which the plan was last adopted in accordance 96 
with the process established in this chapter.  97 
Sec. 3. Section 16a-28 of the general statutes is repealed and the 98 
following is substituted in lieu thereof (Effective from passage): 99 
(a) The secretary shall present a draft of the revised plan of 100 
conservation and development for preliminary review to the continuing 101 
legislative committee on state planning and development prior to 102 
September first in [2011] 2023 and prior to September first in each 103 
prerevision year thereafter. 104 
(b) After December first in [2011] 2023 and after December first in 105 
each prerevision year thereafter the secretary shall proceed with such 106  Raised Bill No.  5165 
 
 
 
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further revisions of the draft of the revised plan of conservation and 107 
development as he deems appropriate. The secretary shall, by whatever 108 
means he deems advisable, publish said plan and disseminate it to the 109 
public on or before March first in revision years. The secretary shall post 110 
the plan on the Internet web site of the state. 111 
(c) Not later than five months after publication of said revised plan 112 
the secretary shall hold public hearings, in cooperation with regional 113 
councils of governments, to solicit comments on said plan.  114 
Sec. 4. Section 16a-29 of the general statutes is repealed and the 115 
following is substituted in lieu thereof (Effective from passage): 116 
The secretary shall consider the comments received at the public 117 
hearings and shall make any necessary or desirable revisions to said 118 
plan and within three months of completion of the public hearings 119 
submit the plan to the continuing legislative committee on state 120 
planning and development for its approval, revision or disapproval, in 121 
whole or in part. Notwithstanding the provisions of this section, the 122 
secretary shall submit the state Conservation and Development Policies 123 
Plan, [2013-2018] 2025-2030, to said committee on or before December 1, 124 
[2012] 2024.  125 
Sec. 5. Section 16a-30 of the general statutes is repealed and the 126 
following is substituted in lieu thereof (Effective from passage): 127 
(a) (1) The continuing legislative committee on state planning and 128 
development shall not later than forty-five days after the convening of 129 
the next regularly scheduled session of the General Assembly conduct a 130 
public hearing on the plan. Not later than forty-five days after 131 
completion of such public hearing, the committee shall submit the plan 132 
with its recommendation for approval or disapproval to the General 133 
Assembly. The plan shall become effective when adopted by the General 134 
Assembly as the plan of conservation and development for the state. 135 
(2) Notwithstanding the provisions of this chapter, the plan entitled 136 
"Conservation and Development Policies: The Plan for Connecticut, 137  Raised Bill No.  5165 
 
 
 
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2018-2023", when adopted by the General Assembly as the plan of 138 
conservation and development for the state, shall become effective from 139 
such adoption and shall remain in effect until the next such plan is so 140 
adopted. 141 
(b) In the event that the General Assembly disapproves the plan in 142 
whole or in part the plan shall be deemed to be rejected and shall be 143 
returned to the committee for appropriate action. 144 
(c) Any project included in the first or second phase of UConn 2000, 145 
as defined in subdivision (25) of section 10a-109c, shall constitute part 146 
of the state plan of conservation and development approved by the 147 
General Assembly.  148 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 from passage 16a-25 
Sec. 2 from passage 16a-27 
Sec. 3 from passage 16a-28 
Sec. 4 from passage 16a-29 
Sec. 5 from passage 16a-30 
 
Statement of Purpose:   
To (1) amend the process timeline for the revision and adoption of the 
state plan of conservation and development, and (2) extend to 2025 the 
application of the plan intended to cover 2018 to 2023, inclusive. 
[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.]