Connecticut 2022 2022 Regular Session

Connecticut House Bill HB05165 Chaptered / Bill

Filed 05/13/2022

                     
 
 
Substitute House Bill No. 5165 
 
Public Act No. 22-71 
 
 
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 Section 16a-25 of the general statutes is repealed and the 
following is substituted in lieu thereof (Effective from passage): 
As used in this chapter: 
(1) "Process" means the procedure for adopting, amending, revising 
and implementing a state plan of conservation and development; 
(2) "Existing plan" means the plan promulgated by Executive Order 
No. 28, September 27, 1974; 
(3) "Secretary" means the Secretary of the Office of Policy and 
Management; 
(4) "Committee" means the continuing legislative committee on state 
planning and development established pursuant to section 4-60d; 
(5) "Adoption year" means the calendar year [which is no later than 
five years subsequent to the year in which the plan was last adopted in 
accordance with the process established in this chapter] in which the 
General Assembly adopts the plan as the plan of conservation and  Substitute House Bill No. 5165 
 
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development for the state; 
(6) "Revision year" means the calendar year immediately preceding 
the adoption year; 
(7) "Prerevision year" means the calendar year immediately 
preceding the revision year; 
(8) "State agency" means any state department, institution, board, 
commission or official; and 
(9) "Plan", when referring to the state plan for conservation and 
development, means the text of such plan and any accompanying 
locational guide map.  
Sec. 2. Section 16a-27 of the general statutes is repealed and the 
following is substituted in lieu thereof (Effective from passage): 
(a) The secretary, after consultation with all appropriate state, 
regional and local agencies and other appropriate persons, shall, prior 
to March 1, 2012, complete a revision of the existing plan and enlarge it 
to include, but not be limited to, policies relating to transportation, 
energy and air. Any revision made after July 1, 1995, shall take into 
consideration the conservation and development of greenways that 
have been designated by municipalities and shall recommend that state 
agencies coordinate their efforts to support the development of a state-
wide greenways system. The Commissioner of Energy and 
Environmental Protection shall identify state-owned land for inclusion 
in the plan as potential components of a state greenways system. 
(b) Any revision made after August 20, 2003, shall take into account 
(1) economic and community development needs and patterns of 
commerce, and (2) linkages of affordable housing objectives and land 
use objectives with transportation systems.  Substitute House Bill No. 5165 
 
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(c) Any revision made after March 1, 2006, shall (1) take into 
consideration risks associated with natural hazards, including, but not 
limited to, flooding, high winds and wildfires; (2) identify the potential 
impacts of natural hazards on infrastructure and property; and (3) make 
recommendations for the siting of future infrastructure and property 
development to minimize the use of areas prone to natural hazards, 
including, but not limited to, flooding, high winds and wildfires. 
(d) Any revision made after July 1, 2005, shall describe the progress 
towards achievement of the goals and objectives established in the 
previously adopted state plan of conservation and development and 
shall identify (1) areas where it is prudent and feasible (A) to have 
compact, transit accessible, pedestrian-oriented mixed-use 
development patterns and land reuse, and (B) to promote such 
development patterns and land reuse, (2) priority funding areas 
designated under section 16a-35c, and (3) corridor management areas 
on either side of a limited access highway or a rail line. In designating 
corridor management areas, the secretary shall make recommendations 
that (A) promote land use and transportation options to reduce the 
growth of traffic congestion; (B) connect infrastructure and other 
development decisions; (C) promote development that minimizes the 
cost of new infrastructure facilities and maximizes the use of existing 
infrastructure facilities; and (D) increase intermunicipal and regional 
cooperation. 
(e) Any revision made after October 1, 2008, shall (1) for each policy 
recommended (A) assign a priority; (B) estimate funding for 
implementation and identify potential funding sources; (C) identify 
each entity responsible for implementation; and (D) establish a schedule 
for implementation; and (2) for each growth management principle, 
determine three benchmarks to measure progress in implementation of 
the principles, one of which shall be a financial benchmark. 
(f) Any revision made after October 1, 2009, shall take into  Substitute House Bill No. 5165 
 
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consideration the protection and preservation of Connecticut Heritage 
Areas. 
(g) Any revision made after December 1, 2011, shall take into 
consideration (1) the state water supply and resource policies 
established in sections 22a-380 and 25-33c, and (2) the list prepared by 
the Commissioner of Public Health pursuant to section 25-33q. 
(h) Any revision made after October 1, 2019, shall (1) take into 
consideration risks associated with increased coastal flooding and 
erosion, depending on site topography, as anticipated in the most recent 
sea level change scenario updated pursuant to subsection (b) of section 
25-68o, (2) identify the impacts of such increased flooding and erosion 
on infrastructure and natural resources, (3) make recommendations for 
the siting of future infrastructure and property development to 
minimize the use of areas prone to such flooding and erosion, and (4) 
take into consideration the state's greenhouse gas reduction goals 
established pursuant to section 22a-200a. 
(i) Any revision made after October 1, 2016, shall take into 
consideration the need for technology infrastructure in the 
municipality. 
(j) Thereafter on or before March first in each revision year the 
secretary shall complete a revision of the plan of conservation and 
development, provided no revision year may be later than four years 
subsequent to the year in which the plan was last adopted in accordance 
with the process established in this chapter.  
Sec. 3. Section 16a-28 of the general statutes is repealed and the 
following is substituted in lieu thereof (Effective from passage): 
(a) The secretary shall present a draft of the revised plan of 
conservation and development for preliminary review to the continuing 
legislative committee on state planning and development prior to  Substitute House Bill No. 5165 
 
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September first in [2011] 2023 and prior to September first in each 
prerevision year thereafter. 
(b) After December first in [2011] 2023 and after December first in 
each prerevision year thereafter the secretary shall proceed with such 
further revisions of the draft of the revised plan of conservation and 
development as he deems appropriate. The secretary shall, by whatever 
means he deems advisable, publish said plan and disseminate it to the 
public on or before March first in revision years. The secretary shall post 
the plan on the Internet web site of the state. 
(c) Not later than five months after publication of said revised plan 
the secretary shall hold public hearings, in cooperation with regional 
councils of governments, to solicit comments on said plan.  
Sec. 4. Section 16a-29 of the general statutes is repealed and the 
following is substituted in lieu thereof (Effective from passage): 
The secretary shall consider the comments received at the public 
hearings and shall make any necessary or desirable revisions to said 
plan and within three months of completion of the public hearings 
submit the plan to the continuing legislative committee on state 
planning and development for its approval, revision or disapproval, in 
whole or in part. Notwithstanding the provisions of this section, the 
secretary shall submit the state Conservation and Development Policies 
Plan, [2013-2018] 2025-2030, to said committee on or before December 1, 
[2012] 2024.