Connecticut 2022 Regular Session

Connecticut House Bill HB05165 Compare Versions

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	7	+	General Assembly Substitute Bill No. 5165
	8	+	February Session, 2022
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4		-	Substitute House Bill No. 5165
5		-
6		-	Public Act No. 22-71
7	12
8	13
9		-	AN ACT CONCERNING THE STATE PLAN OF CONSERVATION
10		-	~~AND~~ DEVELOPMENT.
	14	+	AN ACT CONCERNING THE STATE PLAN OF CONSERVATION AND
	15	+	DEVELOPMENT.
11	16		Be it enacted by the Senate and House of Representatives in General
12	17		Assembly convened:
13	18
14		-	Section 1. Section 16a-25 of the general statutes is repealed and the
15		-	following is substituted in lieu thereof (Effective from passage):
16		-	As used in this chapter:
17		-	(1) "Process" means the procedure for adopting, amending, revising
18		-	and implementing a state plan of conservation and development;
19		-	(2) "Existing plan" means the plan promulgated by Executive Order
20		-	No. 28, September 27, 1974;
21		-	(3) "Secretary" means the Secretary of the Office of Policy and
22		-	Management;
23		-	(4) "Committee" means the continuing legislative committee on state
24		-	planning and development established pursuant to section 4-60d;
25		-	(5) "Adoption year" means the calendar year [which is no later than
26		-	five years subsequent to the year in which the plan was last adopted in
27		-	accordance with the process established in this chapter] in which the
28		-	General Assembly adopts the plan as the plan of conservation and Substitute ~~House~~ Bill No. 5165
	19	+	Section 1. Section 16a-25 of the general statutes is repealed and the 1
	20	+	following is substituted in lieu thereof (Effective from passage): 2
	21	+	As used in this chapter: 3
	22	+	(1) "Process" means the procedure for adopting, amending, revising 4
	23	+	and implementing a state plan of conservation and development; 5
	24	+	(2) "Existing plan" means the plan promulgated by Executive Order 6
	25	+	No. 28, September 27, 1974; 7
	26	+	(3) "Secretary" means the Secretary of the Office of Policy and 8
	27	+	Management; 9
	28	+	(4) "Committee" means the continuing legislative committee on state 10
	29	+	planning and development established pursuant to section 4-60d; 11
	30	+	(5) "Adoption year" means the calendar year [which is no later than 12
	31	+	five years subsequent to the year in which the plan was last adopted in 13
	32	+	accordance with the process established in this chapter] in which the 14
	33	+	General Assembly adopts the plan as the plan of conservation and 15 Substitute Bill No. 5165
29	34
30		-	Public Act No. 22-71 2 of 5
31	35
32		-	development for the state;
33		-	(6) "Revision year" means the calendar year immediately preceding
34		-	the adoption year;
35		-	(7) "Prerevision year" means the calendar year immediately
36		-	preceding the revision year;
37		-	(8) "State agency" means any state department, institution, board,
38		-	commission or official; and
39		-	(9) "Plan", when referring to the state plan for conservation and
40		-	development, means the text of such plan and any accompanying
41		-	locational guide map.
42		-	Sec. 2. Section 16a-27 of the general statutes is repealed and the
43		-	following is substituted in lieu thereof (Effective from passage):
44		-	(a) The secretary, after consultation with all appropriate state,
45		-	regional and local agencies and other appropriate persons, shall, prior
46		-	to March 1, 2012, complete a revision of the existing plan and enlarge it
47		-	to include, but not be limited to, policies relating to transportation,
48		-	energy and air. Any revision made after July 1, 1995, shall take into
49		-	consideration the conservation and development of greenways that
50		-	have been designated by municipalities and shall recommend that state
51		-	agencies coordinate their efforts to support the development of a state-
52		-	wide greenways system. The Commissioner of Energy and
53		-	Environmental Protection shall identify state-owned land for inclusion
54		-	in the plan as potential components of a state greenways system.
55		-	(b) Any revision made after August 20, 2003, shall take into account
56		-	(1) economic and community development needs and patterns of
57		-	commerce, and (2) linkages of affordable housing objectives and land
58		-	use objectives with transportation systems. Substitute House Bill No. 5165
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60		-	Public Act No. 22-71 3 of 5
	40	+	development for the state; 16
	41	+	(6) "Revision year" means the calendar year immediately preceding 17
	42	+	the adoption year; 18
	43	+	(7) "Prerevision year" means the calendar year immediately 19
	44	+	preceding the revision year; 20
	45	+	(8) "State agency" means any state department, institution, board, 21
	46	+	commission or official; and 22
	47	+	(9) "Plan", when referring to the state plan for conservation and 23
	48	+	development, means the text of such plan and any accompanying 24
	49	+	locational guide map. 25
	50	+	Sec. 2. Section 16a-27 of the general statutes is repealed and the 26
	51	+	following is substituted in lieu thereof (Effective from passage): 27
	52	+	(a) The secretary, after consultation with all appropriate state, 28
	53	+	regional and local agencies and other appropriate persons, shall, prior 29
	54	+	to March 1, 2012, complete a revision of the existing plan and enlarge it 30
	55	+	to include, but not be limited to, policies relating to transportation, 31
	56	+	energy and air. Any revision made after July 1, 1995, shall take into 32
	57	+	consideration the conservation and development of greenways that 33
	58	+	have been designated by municipalities and shall recommend that state 34
	59	+	agencies coordinate their efforts to support the development of a state-35
	60	+	wide greenways system. The Commissioner of Energy and 36
	61	+	Environmental Protection shall identify state-owned land for inclusion 37
	62	+	in the plan as potential components of a state greenways system. 38
	63	+	(b) Any revision made after August 20, 2003, shall take into account 39
	64	+	(1) economic and community development needs and patterns of 40
	65	+	commerce, and (2) linkages of affordable housing objectives and land 41
	66	+	use objectives with transportation systems. 42
	67	+	(c) Any revision made after March 1, 2006, shall (1) take into 43
	68	+	consideration risks associated with natural hazards, including, but not 44 Substitute Bill No. 5165
61	69
62		-	(c) Any revision made after March 1, 2006, shall (1) take into
63		-	consideration risks associated with natural hazards, including, but not
64		-	limited to, flooding, high winds and wildfires; (2) identify the potential
65		-	impacts of natural hazards on infrastructure and property; and (3) make
66		-	recommendations for the siting of future infrastructure and property
67		-	development to minimize the use of areas prone to natural hazards,
68		-	including, but not limited to, flooding, high winds and wildfires.
69		-	(d) Any revision made after July 1, 2005, shall describe the progress
70		-	towards achievement of the goals and objectives established in the
71		-	previously adopted state plan of conservation and development and
72		-	shall identify (1) areas where it is prudent and feasible (A) to have
73		-	compact, transit accessible, pedestrian-oriented mixed-use
74		-	development patterns and land reuse, and (B) to promote such
75		-	development patterns and land reuse, (2) priority funding areas
76		-	designated under section 16a-35c, and (3) corridor management areas
77		-	on either side of a limited access highway or a rail line. In designating
78		-	corridor management areas, the secretary shall make recommendations
79		-	that (A) promote land use and transportation options to reduce the
80		-	growth of traffic congestion; (B) connect infrastructure and other
81		-	development decisions; (C) promote development that minimizes the
82		-	cost of new infrastructure facilities and maximizes the use of existing
83		-	infrastructure facilities; and (D) increase intermunicipal and regional
84		-	cooperation.
85		-	(e) Any revision made after October 1, 2008, shall (1) for each policy
86		-	recommended (A) assign a priority; (B) estimate funding for
87		-	implementation and identify potential funding sources; (C) identify
88		-	each entity responsible for implementation; and (D) establish a schedule
89		-	for implementation; and (2) for each growth management principle,
90		-	determine three benchmarks to measure progress in implementation of
91		-	the principles, one of which shall be a financial benchmark.
92		-	(f) Any revision made after October 1, 2009, shall take into Substitute House Bill No. 5165
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94		-	Public Act No. 22-71 4 of 5
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96		-	consideration the protection and preservation of Connecticut Heritage
97		-	Areas.
98		-	(g) Any revision made after December 1, 2011, shall take into
99		-	consideration (1) the state water supply and resource policies
100		-	established in sections 22a-380 and 25-33c, and (2) the list prepared by
101		-	the Commissioner of Public Health pursuant to section 25-33q.
102		-	(h) Any revision made after October 1, 2019, shall (1) take into
103		-	consideration risks associated with increased coastal flooding and
104		-	erosion, depending on site topography, as anticipated in the most recent
105		-	sea level change scenario updated pursuant to subsection (b) of section
106		-	25-68o, (2) identify the impacts of such increased flooding and erosion
107		-	on infrastructure and natural resources, (3) make recommendations for
108		-	the siting of future infrastructure and property development to
109		-	minimize the use of areas prone to such flooding and erosion, and (4)
110		-	take into consideration the state's greenhouse gas reduction goals
111		-	established pursuant to section 22a-200a.
112		-	(i) Any revision made after October 1, 2016, shall take into
113		-	consideration the need for technology infrastructure in the
114		-	municipality.
115		-	(j) Thereafter on or before March first in each revision year the
116		-	secretary shall complete a revision of the plan of conservation and
117		-	development, provided no revision year may be later than four years
118		-	subsequent to the year in which the plan was last adopted in accordance
119		-	with the process established in this chapter.
120		-	Sec. 3. Section 16a-28 of the general statutes is repealed and the
121		-	following is substituted in lieu thereof (Effective from passage):
122		-	(a) The secretary shall present a draft of the revised plan of
123		-	conservation and development for preliminary review to the continuing
124		-	legislative committee on state planning and development prior to Substitute House Bill No. 5165
	75	+	limited to, flooding, high winds and wildfires; (2) identify the potential 45
	76	+	impacts of natural hazards on infrastructure and property; and (3) make 46
	77	+	recommendations for the siting of future infrastructure and property 47
	78	+	development to minimize the use of areas prone to natural hazards, 48
	79	+	including, but not limited to, flooding, high winds and wildfires. 49
	80	+	(d) Any revision made after July 1, 2005, shall describe the progress 50
	81	+	towards achievement of the goals and objectives established in the 51
	82	+	previously adopted state plan of conservation and development and 52
	83	+	shall identify (1) areas where it is prudent and feasible (A) to have 53
	84	+	compact, transit accessible, pedestrian-oriented mixed-use 54
	85	+	development patterns and land reuse, and (B) to promote such 55
	86	+	development patterns and land reuse, (2) priority funding areas 56
	87	+	designated under section 16a-35c, and (3) corridor management areas 57
	88	+	on either side of a limited access highway or a rail line. In designating 58
	89	+	corridor management areas, the secretary shall make recommendations 59
	90	+	that (A) promote land use and transportation options to reduce the 60
	91	+	growth of traffic congestion; (B) connect infrastructure and other 61
	92	+	development decisions; (C) promote development that minimizes the 62
	93	+	cost of new infrastructure facilities and maximizes the use of existing 63
	94	+	infrastructure facilities; and (D) increase intermunicipal and regional 64
	95	+	cooperation. 65
	96	+	(e) Any revision made after October 1, 2008, shall (1) for each policy 66
	97	+	recommended (A) assign a priority; (B) estimate funding for 67
	98	+	implementation and identify potential funding sources; (C) identify 68
	99	+	each entity responsible for implementation; and (D) establish a schedule 69
	100	+	for implementation; and (2) for each growth management principle, 70
	101	+	determine three benchmarks to measure progress in implementation of 71
	102	+	the principles, one of which shall be a financial benchmark. 72
	103	+	(f) Any revision made after October 1, 2009, shall take into 73
	104	+	consideration the protection and preservation of Connecticut Heritage 74
	105	+	Areas. 75
	106	+	(g) Any revision made after December 1, 2011, shall take into 76 Substitute Bill No. 5165
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126		-	Public Act No. 22-71 5 of 5
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128		-	September first in [2011] 2023 and prior to September first in each
129		-	prerevision year thereafter.
130		-	(b) After December first in [2011] 2023 and after December first in
131		-	each prerevision year thereafter the secretary shall proceed with such
132		-	further revisions of the draft of the revised plan of conservation and
133		-	development as he deems appropriate. The secretary shall, by whatever
134		-	means he deems advisable, publish said plan and disseminate it to the
135		-	public on or before March first in revision years. The secretary shall post
136		-	the plan on the Internet web site of the state.
137		-	(c) Not later than five months after publication of said revised plan
138		-	the secretary shall hold public hearings, in cooperation with regional
139		-	councils of governments, to solicit comments on said plan.
140		-	Sec. 4. Section 16a-29 of the general statutes is repealed and the
141		-	following is substituted in lieu thereof (Effective from passage):
142		-	The secretary shall consider the comments received at the public
143		-	hearings and shall make any necessary or desirable revisions to said
144		-	plan and within three months of completion of the public hearings
145		-	submit the plan to the continuing legislative committee on state
146		-	planning and development for its approval, revision or disapproval, in
147		-	whole or in part. Notwithstanding the provisions of this section, the
148		-	secretary shall submit the state Conservation and Development Policies
149		-	Plan, [2013-2018] 2025-2030, to said committee on or before December 1,
150		-	[2012] 2024.
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	112	+
	113	+	consideration (1) the state water supply and resource policies 77
	114	+	established in sections 22a-380 and 25-33c, and (2) the list prepared by 78
	115	+	the Commissioner of Public Health pursuant to section 25-33q. 79
	116	+	(h) Any revision made after October 1, 2019, shall (1) take into 80
	117	+	consideration risks associated with increased coastal flooding and 81
	118	+	erosion, depending on site topography, as anticipated in the most recent 82
	119	+	sea level change scenario updated pursuant to subsection (b) of section 83
	120	+	25-68o, (2) identify the impacts of such increased flooding and erosion 84
	121	+	on infrastructure and natural resources, (3) make recommendations for 85
	122	+	the siting of future infrastructure and property development to 86
	123	+	minimize the use of areas prone to such flooding and erosion, and (4) 87
	124	+	take into consideration the state's greenhouse gas reduction goals 88
	125	+	established pursuant to section 22a-200a. 89
	126	+	(i) Any revision made after October 1, 2016, shall take into 90
	127	+	consideration the need for technology infrastructure in the 91
	128	+	municipality. 92
	129	+	(j) Thereafter on or before March first in each revision year the 93
	130	+	secretary shall complete a revision of the plan of conservation and 94
	131	+	development, provided no revision year may be later than four years 95
	132	+	subsequent to the year in which the plan was last adopted in accordance 96
	133	+	with the process established in this chapter. 97
	134	+	Sec. 3. Section 16a-28 of the general statutes is repealed and the 98
	135	+	following is substituted in lieu thereof (Effective from passage): 99
	136	+	(a) The secretary shall present a draft of the revised plan of 100
	137	+	conservation and development for preliminary review to the continuing 101
	138	+	legislative committee on state planning and development prior to 102
	139	+	September first in [2011] 2023 and prior to September first in each 103
	140	+	prerevision year thereafter. 104
	141	+	(b) After December first in [2011] 2023 and after December first in 105
	142	+	each prerevision year thereafter the secretary shall proceed with such 106
	143	+	further revisions of the draft of the revised plan of conservation and 107 Substitute Bill No. 5165
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	149	+
	150	+	development as he deems appropriate. The secretary shall, by whatever 108
	151	+	means he deems advisable, publish said plan and disseminate it to the 109
	152	+	public on or before March first in revision years. The secretary shall post 110
	153	+	the plan on the Internet web site of the state. 111
	154	+	(c) Not later than five months after publication of said revised plan 112
	155	+	the secretary shall hold public hearings, in cooperation with regional 113
	156	+	councils of governments, to solicit comments on said plan. 114
	157	+	Sec. 4. Section 16a-29 of the general statutes is repealed and the 115
	158	+	following is substituted in lieu thereof (Effective from passage): 116
	159	+	The secretary shall consider the comments received at the public 117
	160	+	hearings and shall make any necessary or desirable revisions to said 118
	161	+	plan and within three months of completion of the public hearings 119
	162	+	submit the plan to the continuing legislative committee on state 120
	163	+	planning and development for its approval, revision or disapproval, in 121
	164	+	whole or in part. Notwithstanding the provisions of this section, the 122
	165	+	secretary shall submit the state Conservation and Development Policies 123
	166	+	Plan, [2013-2018] 2025-2030, to said committee on or before December 1, 124
	167	+	[2012] 2024. 125
	168	+	This act shall take effect as follows and shall amend the following
	169	+	sections:
	170	+
	171	+	Section 1 from passage 16a-25
	172	+	Sec. 2 from passage 16a-27
	173	+	Sec. 3 from passage 16a-28
	174	+	Sec. 4 from passage 16a-29
	175	+
	176	+	PD Joint Favorable Subst.
151	177