Connecticut 2022 2022 Regular Session

Connecticut House Bill HB05427 Introduced / Bill

Filed 03/08/2022

                        
 
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General Assembly  Raised Bill No. 5427  
February Session, 2022 
LCO No. 1751 
 
 
Referred to Committee on PLANNING AND DEVELOPMENT  
 
 
Introduced by:  
(PD)  
 
 
 
 
AN ACT CONCERNING THE RECOMMENDATIONS OF THE OFFICE 
OF FINANCE WITHIN THE OFFICE OF POLICY AND MANAGEMENT. 
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Subsection (c) of section 7-374c of the general statutes is 1 
repealed and the following is substituted in lieu thereof (Effective October 2 
1, 2022): 3 
(c) Any municipality which has no outstanding pension deficit 4 
funding bonds, other than an earlier series of such obligations issued 5 
under subsection (b) of section 7-374b or this section to partially fund an 6 
unfunded past pension obligation, may authorize and issue pension 7 
deficit funding bonds to fund all or a portion of an unfunded past 8 
benefit obligation, as determined by an actuarial valuation, and the 9 
payment of costs related to the issuance of such bonds in accordance 10 
with the following requirements. 11 
(1) The municipality shall, within the time and in the manner 12 
prescribed by regulations adopted by the secretary or as otherwise 13 
required by the secretary, notify the secretary of its intent to issue such 14 
pension deficit funding bonds and shall include with such notice (A) the 15  Raised Bill No.  5427 
 
 
 
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actuarial valuation, (B) an actuarial analysis of the method by which the 16 
municipality proposes to fund any unfunded past benefit obligation not 17 
to be defrayed by the pension deficit funding bonds, which method may 18 
include a plan of issuance of a series of pension deficit funding bonds, 19 
(C) an explanation of the municipality’s investment strategic plan for 20 
the pension plan with respect to which the pension deficit funding 21 
bonds are to be issued, including, but not limited to, an asset allocation 22 
plan, (D) a [three-year] five-year financial plan, including the major 23 
assumptions and plan of finance for such pension deficit funding bonds, 24 
(E) a comparison of the anticipated effects of funding the unfunded past 25 
benefit obligation through the issuance of pension deficit funding bonds 26 
with the funding of the obligation through the annual actuarially 27 
recommended contribution, prepared in the manner prescribed by the 28 
secretary, (F) documentation of the municipality's authorization of the 29 
issuance of such pension deficit funding bonds including a certified 30 
copy of the resolution or ordinance of the municipality authorizing the 31 
issuance of the pension deficit funding bonds and an opinion of 32 
nationally recognized bond counsel as to the due authorization of the 33 
issuance of the bonds, (G) documentation that the municipality has 34 
adopted an ordinance, or with respect to a municipality not having the 35 
authority to make ordinances, has adopted a resolution by a two-thirds 36 
vote of the members of its legislative body, requiring the municipality 37 
to appropriate funds in an amount sufficient to meet the actuarially 38 
required contribution and contribute such amounts to the plan as 39 
required in subdivision (3) of subsection (c) of this section, (H) the 40 
methodology used and actuarial assumptions that will be utilized to 41 
calculate the actuarially recommended contribution, (I) a draft official 42 
statement with respect to the issuance of the pension deficit funding 43 
bonds, and (J) such other information and documentation as reasonably 44 
required by the secretary or the Treasurer to carry out the provisions of 45 
this section. The secretary and the Treasurer may, if they deem 46 
necessary, hire an independent actuary to review the information 47 
submitted by the municipality. 48 
(2) Not later than ten days after the sale of the pension deficit funding 49  Raised Bill No.  5427 
 
 
 
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bonds, the municipality shall provide the secretary and the Treasurer 50 
with a final financing summary comparing the anticipated effects of 51 
funding the unfunded past benefit obligation through the issuance of 52 
the pension deficit funding bonds with the funding of the obligation 53 
through the annual actuarially recommended contribution, prepared in 54 
the manner prescribed by the secretary. 55 
(3) As long as the pension deficit funding bonds or any bond 56 
refunding such bonds are outstanding, the municipality shall (A) for 57 
each fiscal year of the municipality commencing with the fiscal year in 58 
which the bonds are issued, appropriate funds in an amount sufficient 59 
to meet the actuarially required contribution and contribute such 60 
amount to the plan, and (B) notify the secretary annually, who shall in 61 
turn notify the Treasurer, of the amount or the rate of any such 62 
actuarially recommended contribution and the amount or the rate, if 63 
any, of the actual annual contribution by the municipality to the pension 64 
plan to meet such actuarially recommended contribution. On an annual 65 
basis, the municipality shall provide the secretary and the Treasurer 66 
with: (i) The actuarial valuation of the pension plan, (ii) a specific 67 
identification, in a format to be determined by the secretary, of any 68 
changes that have been made in the actuarial assumptions or methods 69 
compared to the previous actuarial valuation of the pension plan, (iii) 70 
the footnote disclosure and required supplementary information 71 
disclosure required by GASB Statement Number 27 with respect to the 72 
pension plan, and (iv) a review of the investments of the pension plan 73 
including a statement of the current asset allocation and an analysis of 74 
performance by asset class. With respect to a municipality which issues 75 
pension deficit funding bonds on or after July 1, 2006, in any fiscal year 76 
for which such municipality fails to appropriate sufficient funds to meet 77 
the actuarially required contribution in accordance with the provisions 78 
of this subdivision there shall be deemed appropriated an amount 79 
sufficient to meet such requirement, notwithstanding the provisions of 80 
any other general statute or of any special act, charter, special act 81 
charter, home-rule ordinance, local ordinance or local law. 82 
(4) The municipality shall not issue pension deficit funding bonds 83  Raised Bill No.  5427 
 
 
 
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prior to, or more than six months subsequent to, receipt of the written 84 
final review required under subsection (d) of this section. A 85 
municipality may renotify the secretary of its intention to issue pension 86 
deficit funding bonds and provide the secretary with updated 87 
information and documentation in the manner and as described in 88 
subdivision (1) of this subsection, and request an updated final review 89 
from the secretary if more than six months will elapse between the 90 
receipt of the prior final review of the secretary and the proposed date 91 
of issue of the pension deficit funding bonds. 92 
Sec. 2. Subsection (e) of section 7-392 of the general statutes is 93 
repealed and the following is substituted in lieu thereof (Effective October 94 
1, 2022): 95 
(e) The treasurer or other officer having authority over the financial 96 
affairs of any reporting agency shall, annually, file a statement 97 
concerning the accounts and finances of such agency with the (1) town 98 
clerk of the town in which such agency is located, and (2) Secretary of 99 
the Office of Policy and Management, upon the secretary's request. Such 100 
statement shall include, but shall not be limited to, a listing of major 101 
disbursements and sources of receipts and shall be filed not later than 102 
ninety days after the end of the fiscal year or period which is the subject 103 
of the statement. Each treasurer or other officer who fails to file a 104 
statement required pursuant to this subsection shall be fined five 105 
hundred dollars for each statement not filed. The fine shall be levied and 106 
collected by the town clerk. 107 
Sec. 3. Section 7-393 of the general statutes is repealed and the 108 
following is substituted in lieu thereof (Effective October 1, 2022): 109 
Upon the completion of an audit, the independent auditor shall file 110 
certified copies of the audit report with (1) the appointing authority, (2) 111 
in the case of a town, city or borough, with the clerk of such town, city 112 
or borough, (3) in the case of a regional school district, with the clerks of 113 
the towns, cities or boroughs in which such regional school district is 114 
located and with the board of education, (4) in the case of an audited 115  Raised Bill No.  5427 
 
 
 
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agency, with the clerks of the towns, cities or boroughs in which such 116 
audited agency is located, and (5) in each case, with the Secretary of the 117 
Office of Policy and Management. Such copies shall be filed within six 118 
months from the end of the fiscal year of the municipality, regional 119 
school district or audited agency, but the secretary may grant an 120 
extension of not more than thirty days, provided the auditor making the 121 
audit and the chief executive officer of the municipality, regional school 122 
district or audited agency shall jointly submit a request in writing to the 123 
secretary stating the reasons for such extension at least thirty days prior 124 
to the end of such six-month period. If the reason for the extension 125 
relates to deficiencies in the accounting system of the municipality, 126 
regional school district or audited agency the request must be 127 
accompanied by a corrective action plan. The secretary may, after a 128 
hearing with the auditor and officials of the municipality, regional 129 
school district or audited agency, grant an additional extension if 130 
conditions warrant. Said auditor shall preserve all of his working papers 131 
employed in the preparation of any such audit until the expiration of 132 
three years from the date of filing a certified copy of the audit with the 133 
secretary and such working papers shall be available, upon written 134 
request and upon reasonable notice from the secretary, during such time 135 
for inspection by the secretary or his authorized representative, at the 136 
office or place of business of the auditor, during usual business hours. 137 
Any municipality, regional school district, audited agency or auditor 138 
who fails to have the audit report filed on its behalf within six months 139 
from the end of the fiscal year or within the time granted by the secretary 140 
shall be referred by the secretary to the Municipal Finance Advisory 141 
Commission established pursuant to section 7-394b, assessed a civil 142 
penalty of not less than one thousand dollars but not more than ten 143 
thousand dollars [. The] or both, except that the secretary may waive 144 
such [penalty] penalties if, in [his] the secretary's opinion, there appears 145 
to be reasonable cause for not having completed or provided the 146 
required audit report, provided an official of the municipality, regional 147 
school district or audited agency or the auditor submits a written 148 
request for such waiver. 149  Raised Bill No.  5427 
 
 
 
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Sec. 4. Subsection (d) of section 7-395 of the general statutes is 150 
repealed and the following is substituted in lieu thereof (Effective October 151 
1, 2022): 152 
(d) The secretary shall refer to the Municipal Finance Advisory 153 
Commission any municipality that has not been previously referred to 154 
said commission pursuant to subsection (b) of this section or section 7-155 
576, 7-576a, as amended by this act, or 7-576c, as amended by this act, 156 
provided the municipality has: 157 
(1) A negative fund balance percentage; 158 
(2) Reported a fund balance percentage of less than five per cent in 159 
the three immediately preceding fiscal years; 160 
(3) Reported [a declining fund balance trend] an operating deficit in 161 
the two immediately preceding fiscal years and a fund balance 162 
percentage of less than five per cent in the immediately preceding fiscal 163 
year, as determined by the statement of revenues, expenditures and 164 
changes in fund balance of the general fund of the audited financial 165 
statements of the municipality; 166 
(4) Issued tax or [bond] revenue anticipation notes in the three 167 
immediately preceding fiscal years to meet cash liquidity; 168 
(5) [Had a general fund annual operating budget deficit of one and 169 
one-half per cent or more of such municipality's general fund revenues 170 
in the immediately preceding fiscal year] Did not file an annual audit 171 
report in the twelve months after the end of the fiscal year; 172 
(6) [Had a general fund annual operating budget deficit of two per 173 
cent or more of such municipality's average general fund revenues in 174 
the two immediately preceding fiscal years] Reported an annual audit 175 
that included at least one material or significant audit finding that was 176 
reported in the annual audits of the two immediately preceding fiscal 177 
years; or 178 
(7) Received a bond rating below A from a bond rating agency. 179  Raised Bill No.  5427 
 
 
 
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Sec. 5. Section 7-406c of the general statutes is repealed and the 180 
following is substituted in lieu thereof (Effective October 1, 2022): 181 
(a) Not later than July 1, 2014, the Secretary of the Office of Policy and 182 
Management shall, in consultation with the Department of Education, 183 
the Connecticut Conference of Municipalities and the Council of Small 184 
Towns, develop and implement a uniform system of accounting for 185 
municipal revenues and expenditures, including, but not limited to, 186 
board of education and grant agency expenditures and revenue. Such 187 
uniform system of accounting shall include a uniform chart of accounts 188 
to be used at the municipal level. Such chart of accounts shall include, 189 
but not be limited to, all amounts and sources of revenue and donations 190 
of cash and real or personal property in the aggregate totaling five 191 
hundred dollars or more received by a municipality. The secretary shall 192 
make such chart of accounts available on the Internet web site of the 193 
Office of Policy and Management. 194 
(b) Not later than June 30, 2015, each municipality shall implement 195 
the uniform system of accounting for municipal revenues and 196 
expenditures developed pursuant to subsection (a) of this section by 197 
using such uniform system to complete and file annual reports with the 198 
Office of Policy and Management as may be required by the secretary in 199 
order to increase transparency regarding municipal expenditures and to 200 
meet the state's benchmarking goals. Any annual report required 201 
pursuant to this subsection shall be filed not later than January thirty-202 
first annually. 203 
(c) Not later than January 31, 2023, and annually thereafter, each 204 
municipality shall file financial data with the Office of Policy and 205 
Management. Such data shall (1) be filed electronically, in a form and 206 
manner prescribed by the Secretary of the Office of Policy and 207 
Management, and (2) contain such municipality's audited financial 208 
statements and any other information required by said secretary to 209 
determine the financial condition of such municipality. 210 
Sec. 6. Section 7-560 of the general statutes is repealed and the 211  Raised Bill No.  5427 
 
 
 
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following is substituted in lieu thereof (Effective October 1, 2022): 212 
Whenever used in subsection (a) of section 7-394b, and sections 7-560 213 
to 7-579, inclusive, the following definitions shall apply: 214 
(1) "Attorney General" means the Attorney General of the state of 215 
Connecticut. 216 
(2) "Certified municipality" means a municipality that has been 217 
certified as a tier I or tier II municipality by the secretary. 218 
(3) "Chief executive officer" means the officer described in section 7-219 
193. 220 
(4) "Debt service payment fund" means the fund into which the 221 
proceeds of the property tax intercept procedure are deposited and from 222 
which debt service on all outstanding general obligations of a 223 
municipality which have a term of more than one year and additionally 224 
all outstanding general obligations which the municipality determines 225 
are to be supported by the tax intercept procedure shall be paid as 226 
provided in subsection (a) of section 7-394b and sections 7-560 to 7-579, 227 
inclusive. 228 
(5) "Debt service payment fund requirement" means an amount at 229 
least equal to the aggregate amount of principal, sinking fund 230 
installments, if any, and interest during the then current fiscal year as 231 
the same become due and payable on all outstanding general 232 
obligations of the municipality which have a term of more than one year 233 
and additionally all outstanding general obligations which the 234 
municipality determines are to be supported by the tax intercept 235 
procedure. 236 
(6) "Deficit" means with respect to the general fund of any 237 
municipality, any cumulative excess of expenditures, encumbrances, or 238 
other uses of funds for any fiscal year and all prior fiscal years over 239 
revenues of the municipality for such period and the prior year's 240 
unassigned fund balance, as reflected in the most recent audited 241  Raised Bill No.  5427 
 
 
 
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financial statements of such municipality. For purposes of determining 242 
such excess, revenues shall not include the proceeds of tax anticipation 243 
notes and expenditures shall not include any principal payment of tax 244 
anticipation notes. 245 
(7) "Deficit obligation" means any general obligation with a term of 246 
more than one year or any bond or any note issued in anticipation 247 
thereof, issued by a municipality either for the purpose of or having the 248 
effect of reducing, eliminating or preventing a general fund, special 249 
revenue fund or enterprise fund deficiency, other than any obligation 250 
issued pursuant to chapter 110. 251 
(8) "Designated tier I municipality" means a municipality designated 252 
as a tier I municipality in accordance with the provisions of section 7-253 
576a, as amended by this act. 254 
(9) "Designated tier II municipality" means a municipality designated 255 
as a tier II municipality in accordance with the provisions of section 7-256 
576b, as amended by this act. 257 
(10) "Designated tier III municipality" means a municipality 258 
designated as a tier III municipality in accordance with the provisions 259 
of section 7-576c, as amended by this act. 260 
(11) "Designated tier IV municipality" means a municipality 261 
designated as a tier IV municipality in accordance with the provisions 262 
of section 7-576e, as amended by this act. 263 
(12) "Equalized mill rate" means the tax rate derived from the most 264 
recent available grand levy of a municipality divided by the equalized 265 
net grand list on which such levy is based, as determined by the 266 
secretary in accordance with section 10-261a. 267 
(13) "Fund balance" means the amount that assets and deferred 268 
outflow of resources of a municipality's general fund exceeds the 269 
liabilities and deferred inflow of resources of the general fund of the 270 
municipality, as of the fiscal year ended as reflected in the municipality's 271  Raised Bill No.  5427 
 
 
 
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most recent audited financial statements presented in accordance with 272 
generally accepted accounting principles. 273 
(14) "Fund balance percentage" means the fund balance of the general 274 
fund of a municipality as of the fiscal year ended in the municipality's 275 
most recent audited financial statements and presented in accordance 276 
with generally accepted accounting principles, divided by the sum of 277 
revenues of the general fund and operating transfers into the general 278 
fund for the fiscal year. 279 
(15) "General fund deficiency" means a deficit or a projected fiscal 280 
year deficit, or both. 281 
(16) "General obligation" means an obligation issued by a 282 
municipality and secured by the full faith and credit and taxing power 283 
of such municipality including any contingent obligation which is 284 
payable from the general fund and is subject to annual appropriation. 285 
(17) "Maximum required capital reserve" means the maximum 286 
aggregate amount of principal, interest and other amounts due and 287 
owing during any succeeding fiscal year, excluding any sinking fund 288 
installments payable in a prior fiscal year on outstanding general 289 
obligations of a certified municipality supported by a special capital 290 
reserve fund issued pursuant to subsection (a) of section 7-394b and 291 
sections 7-568 to 7-579, inclusive. 292 
(18) "Minimum required capital reserve" means the aggregate 293 
amount of principal, sinking fund installments, interest and other 294 
amounts due and owing during the next succeeding fiscal year on 295 
outstanding general obligations of a certified municipality supported by 296 
a special capital reserve fund pursuant to subsection (a) of section 7-394b 297 
and sections 7-560 to 7-579, inclusive. 298 
(19) "Municipal Accountability Review Board" means the Municipal 299 
Accountability Review Board established pursuant to section 7-576d, as 300 
amended by this act. 301  Raised Bill No.  5427 
 
 
 
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(20) "Municipal aid" means formula grants, grants, payments in lieu 302 
of taxes, reimbursements, payments and other funding provided by the 303 
state to municipalities and used to fund municipal general fund 304 
budgets, including education budgets. 305 
(21) "Municipal Finance Advisory Commission" means the Municipal 306 
Finance Advisory Commission established in section 7-394b. 307 
(22) "Municipal restructuring fund loan" means a loan received by a 308 
municipality from the Municipal Restructuring Fund pursuant to 309 
section 7-576i, as amended by this act. 310 
[(22)] (23) "Municipal revenue increase in fiscal year ending June 30, 311 
2018, as a per cent of revenues" means the net difference in estimated 312 
municipal revenues from state sources and new municipal taxing 313 
authority as compiled by the secretary pursuant to section 4-71b for the 314 
fiscal year ending June 30, 2018, as compared to the estimated municipal 315 
revenues from such sources compiled by the secretary pursuant to 316 
section 4-71b for the fiscal year ending June 30, 2017, divided by the sum 317 
of revenues of the general fund and operating transfers into the general 318 
fund as reported in the municipality's audited financial statements for 319 
the fiscal year ending June 30, 2016. 320 
[(23)] (24) "Municipality" means any town, city, borough, 321 
consolidated town and city, consolidated city and borough, any 322 
metropolitan district, any district, as defined in section 7-324, and any 323 
other political subdivision of the state having the power to levy taxes 324 
and to issue bonds, notes or other obligations. 325 
[(24)] (25) "Obligation" means any bond, bond anticipation note or 326 
other interim funding obligation, certificate of participation, security, 327 
financing lease, installment purchase agreements, capital lease, 328 
receivable or other asset sale, refinancing covered by this definition and 329 
any other transaction which constitutes debt in accordance with both 330 
municipal reporting standards in section 7-394a and the regulations 331 
prescribing municipal financial reporting adopted by the secretary. 332  Raised Bill No.  5427 
 
 
 
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[(25)] (26) "Outstanding obligation" means any obligation with 333 
respect to which a principal or interest payment, sinking fund 334 
installment or other payment or deposit is, or will be, due in the future 335 
and for which moneys or defeasance securities have not been deposited 336 
in escrow. 337 
[(26)] (27) "Projected fiscal year deficit" means, with respect to the 338 
general fund of any municipality during any fiscal year, the excess of 339 
estimated expenditures and uses of funds for the fiscal year over 340 
estimated revenues and any cumulative unassigned general fund 341 
balance from the prior fiscal year. For purposes of determining such 342 
excess, estimated revenues shall not include the proceeds of tax 343 
anticipation notes and estimated expenditures shall not include any 344 
principal payment of tax anticipation notes. 345 
[(27)] (28) "Property taxes" means all taxes on real and personal 346 
property levied by the municipality in accordance with the general 347 
statutes including any interest, penalties and other related charges, and 348 
shall not mean any rent, rate, fee, special assessment or other charge 349 
based on benefit or use. 350 
[(28)] (29) "Property tax intercept procedure" means a procedure 351 
where a municipality provides for the collection and deposit in a debt 352 
service payment fund maintained with a trustee of all property taxes 353 
needed to meet the debt service payment fund requirement and which 354 
meets all the requirements of section 7-562. 355 
[(29)] (30) "Property tax levy" means the mill rate of the municipality 356 
multiplied by the net taxable grand list of the municipality. 357 
[(30)] (31) "Revenues" means, with respect to the general fund for any 358 
municipality for any fiscal year, property taxes and other moneys that 359 
are generally available for, accounted for and deposited in the 360 
municipality's general fund. 361 
[(31)] (32) "Secretary" means the Secretary of the Office of Policy and 362 
Management. 363  Raised Bill No.  5427 
 
 
 
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[(32)] (33) "Special capital reserve fund" means the fund established 364 
pursuant to section 7-571 to secure the timely payment of principal and 365 
interest on general obligations issued by a certified municipality 366 
approved by the Treasurer pursuant to section 7-573. 367 
[(33)] (34) "State" means the state of Connecticut. 368 
[(34)] (35) "Tier I municipality" means any municipality which has 369 
applied to and been certified by the secretary as a tier I municipality. 370 
[(35)] (36) "Tier II municipality" means any municipality which has 371 
applied to and been certified by the secretary as a tier II municipality. 372 
[(36)] (37) "Treasurer" means the Treasurer of the state of Connecticut. 373 
[(37)] (38) "Trustee" means any trust company or bank having the 374 
powers of a trust company within or without the state, appointed by the 375 
municipality as trustee for the municipality's tax intercept procedure or 376 
special capital reserve fund and approved by the Treasurer, as well as 377 
any successor trust company or bank having the powers of a trust 378 
company within or without the state succeeding a prior trust company 379 
or bank as trustee, so appointed and approved. 380 
Sec. 7. Section 7-576a of the general statutes is repealed and the 381 
following is substituted in lieu thereof (Effective October 1, 2022): 382 
(a) [The chief elected official of a municipality may apply to the 383 
secretary to request designation as a tier I municipality if any of the 384 
following conditions exist: (1) The municipality has no bond rating, or 385 
its highest bond rating is A or above, provided the municipality has no 386 
rating that is not investment grade, receives less than thirty per cent of 387 
its current fiscal year general fund budget revenues in the form of 388 
municipal aid from the state, has a positive fund balance percentage, 389 
and has a municipal revenue increase in fiscal year ending June 30, 2018, 390 
as a per cent of revenues of two per cent or more, (2) the municipality 391 
has no bond rating or its highest bond rating is A, provided the 392 
municipality has no rating that is not investment grade, receives less 393  Raised Bill No.  5427 
 
 
 
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than thirty per cent of its current fiscal year general fund budget 394 
revenues in the form of municipal aid from the state, and had a positive 395 
fund balance percentage of less than five per cent, or (3) the 396 
municipality's highest bond rating is AA or above, provided the 397 
municipality has no rating that is not investment grade, receives thirty 398 
per cent or more of its current fiscal year general fund budget revenues 399 
in the form of municipal aid from the state, has an equalized mill rate of 400 
less than thirty, has a positive fund balance percentage, and has a 401 
municipal revenue increase in the fiscal year ending June 30, 2018, as a 402 
per cent of revenues of two per cent or more.] Any municipality referred 403 
pursuant to subsection (d) of section 7-395, as amended by this act, to 404 
the Municipal Finance Advisory Commission shall be designated a tier 405 
I municipality. The chief elected official of any municipality that does 406 
not meet the conditions identified under subsection (d) of section 7-395, 407 
as amended by this act, may apply to the Municipal Finance Advisory 408 
Commission for designation as a tier I municipality, provided such 409 
official (1) expects that such municipality will meet one or more such 410 
conditions in the following twenty-four month period, and (2) submits 411 
a report to the Municipal Finance Advisory Commission, in a form and 412 
manner prescribed by the commission, that confirms that such condition 413 
or conditions will be met in such period. 414 
(b) The secretary shall refer any municipality [which has requested 415 
designation] designated as a tier I municipality to the Municipal Finance 416 
Advisory Commission, pursuant to the provisions of section 7-395, as 417 
amended by this act. In addition to the requirements of section 7-394b, 418 
such municipality shall prepare and present a [three-year] five-year 419 
financial plan to the Municipal Finance Advisory Commission for its 420 
review and approval. 421 
Sec. 8. Section 7-576b of the general statutes is repealed and the 422 
following is substituted in lieu thereof (Effective October 1, 2022): 423 
(a) The chief elected official of a municipality designated as a tier I 424 
municipality pursuant to section 7-576a, as amended by this act, may 425 
apply to the secretary to request designation as a tier II municipality [if 426  Raised Bill No.  5427 
 
 
 
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any of the following conditions exist: (1) The municipality has no bond 427 
rating from a bond rating agency, or, if its highest bond rating is A, 428 
provided the municipality has no rating that is not investment grade, 429 
receives thirty per cent or more of its current or prior fiscal year general 430 
fund budget revenues were or are in the form of municipal aid from the 431 
state, has a positive fund balance percentage of five per cent or more, 432 
has an equalized mill rate of less than thirty, and has a municipal 433 
revenue increase in fiscal year ending June 30, 2018, as a per cent of 434 
revenues of two per cent or more, (2) the municipality has no bond 435 
rating from a bond rating agency, or, if its highest bond rating is A, 436 
provided the municipality has no rating that is not investment grade, 437 
receives thirty per cent or more of its current or prior fiscal year general 438 
fund budget revenues were or are in the form of municipal aid from the 439 
state, has an equalized mill rate of less than thirty, and has a positive 440 
fund balance percentage of less than five per cent, (3) the municipality's 441 
highest bond rating is AA or higher, provided the municipality has no 442 
rating that is not investment grade, receives thirty per cent or more of 443 
its current or prior fiscal year general fund budget revenues were or are 444 
in the form of municipal aid from the state, and has an equalized mill 445 
rate of thirty or more, (4) the municipality's highest bond rating is AA 446 
or higher, provided the municipality has no rating that is not investment 447 
grade, and has a negative fund balance percentage, or (5) the 448 
municipality's highest bond rating is Baa or BBB, provided the 449 
municipality has no rating that is not investment grade, has a positive 450 
fund balance percentage and] if the municipality has held one or more 451 
meetings with the Municipal Finance Advisory Committee, and (1) has 452 
an equalized mill rate of less than thirty, or (2) received thirty per cent 453 
or more of its current year audited revenues in the form of municipal 454 
aid from the state. Any such official that applies for such designation 455 
pursuant to this subsection shall provide a copy of such application to 456 
the Municipal Finance Advisory Committee not later than ten days after 457 
making such application. 458 
(b) The secretary shall [refer any municipality which has requested 459 
designation as a tier II] (1) designate any tier I municipality as a tier II 460  Raised Bill No.  5427 
 
 
 
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municipality at the request of such municipality, if the secretary 461 
determines that the fiscal condition of the municipality warrants such 462 
designation, based on the secretary's review of the reports and findings 463 
of the Municipal Finance Advisory Commission concerning such 464 
municipality, and (2) refer such municipality to the Municipal 465 
Accountability Review Board established pursuant to section 7-576d, as 466 
amended by this act. Said board shall have the same authority and 467 
responsibilities possessed by the Municipal Finance Advisory 468 
Commission with respect to tier II certified municipalities referred to it, 469 
including, but not limited to, requiring that such municipalities prepare 470 
and present to said board for its review and approval a [three-year] five-471 
year financial plan and monthly financial reports, in a manner 472 
prescribed by said board. In preparing and adopting its annual budgets, 473 
such municipality shall only include assumptions respecting state 474 
revenues and property tax revenues as approved by such board and 475 
such board shall approve or disapprove all obligations issued by a 476 
designated tier II municipality pursuant to section 7-575 and this 477 
section, provided it shall only approve such obligations which in its 478 
judgment improve the financial condition of such municipality. 479 
(c) The Municipal Finance Advisory Commission may, after holding 480 
at least one meeting with a designated tier I municipality, recommend 481 
to the secretary that such municipality be designated as a tier II 482 
municipality. Any such recommendation shall be made on the basis of 483 
such municipality's financial condition, which shall be documented by 484 
the commission in a report submitted to the secretary. A copy of such 485 
report shall be provided to such municipality not later than ten days 486 
after such submission. Not later than forty-five days after such 487 
submission, the secretary may approve or reject such recommendation. 488 
If the secretary does not approve or reject such recommendation during 489 
such forty-five-day period, such recommendation shall be deemed 490 
rejected. 491 
Sec. 9. Section 7-576c of the general statutes is repealed and the 492 
following is substituted in lieu thereof (Effective October 1, 2022): 493  Raised Bill No.  5427 
 
 
 
LCO No. 1751   	17 of 29 
 
(a) The chief elected official of a municipality designated as a tier I 494 
municipality pursuant to section 7-576a, as amended by this act, or the 495 
legislative body of such municipality, by majority vote, may apply to 496 
the secretary to request designation as a tier III municipality after 497 
holding at least one meeting with the Municipal Finance Advisory 498 
Commission, if [any of the following conditions exist: (1) The 499 
municipality has at least one bond rating from a bond rating agency that 500 
is below investment grade, or (2) the municipality has no bond rating 501 
from a bond rating agency, or, if its highest bond rating is A, Baa or BBB, 502 
provided the municipality has no rating that is not investment grade, 503 
and it has either (A) a negative fund balance percentage, or (B)] the 504 
municipality (1) has an equalized mill rate that is thirty or more, [and it 505 
receives] or (2) received thirty per cent or more of its current [or prior 506 
fiscal year general fund budget revenues were or are] year audited 507 
revenues in the form of municipal aid from the state. Prior to submission 508 
of such request by a chief elected official, such official shall provide 509 
notice of intent to apply for such designation to the legislative body of 510 
such municipality. Such legislative body shall have [thirty] forty-five 511 
days from receipt of such notice to approve or reject the chief elected 512 
official's decision to submit such a request. If such legislative body does 513 
not approve or reject such decision during such [thirty-day] forty-five-514 
day period, the chief elected official's decision to submit such request 515 
shall be deemed approved by such legislative body. The secretary shall 516 
designate a municipality as tier III if [: (i) A municipality meets either 517 
condition described in subdivision (1) or (2) of] a request for such 518 
designation has been made pursuant to this subsection, and based on 519 
reports and findings of the Municipal Finance Advisory Commission, 520 
the secretary finds that the fiscal condition of the municipality warrants 521 
such designation. [, (ii) the municipality] 522 
(b) Any municipality that (1) receives a bond rating below investment 523 
grade from a rating agency, (2) issues refunding bonds that [(I)] (A) have 524 
a term of more than twenty-five years, [(II)] (B) do not achieve net 525 
present value savings pursuant to the provisions of section 7-370c, and 526 
[(III)] (C) have annual debt service obligations associated with any 527  Raised Bill No.  5427 
 
 
 
LCO No. 1751   	18 of 29 
 
existing debt and such refunding bonds in any year that are greater than 528 
the first full year debt service obligation following the issuance of such 529 
refunding bonds, or [(iii) the municipality] (3) issues a deficit obligation 530 
[or has issued a deficit obligation in the five years preceding July 1, 2017] 531 
shall be designated as a tier III municipality. Any municipality that 532 
meets one or more conditions described in subdivisions (1) to (3), 533 
inclusive, of this subsection, shall notify the secretary not later than ten 534 
days after having met such condition or conditions. 535 
(c) The Municipal Finance Advisory Commission may, after holding 536 
at least one meeting with a designated tier I municipality, recommend 537 
to the secretary that such municipality be designated as a tier III 538 
municipality. Any such recommendation shall be made on the basis of 539 
such municipality's financial condition, which shall be documented by 540 
the commission in a report submitted to the secretary. A copy of such 541 
report shall be provided to such municipality not later than ten days 542 
after such submission. Not later than forty-five days after such 543 
submission, the secretary may approve or reject such recommendation. 544 
If the secretary does not approve or reject such recommendation during 545 
such forty-five-day period, such recommendation shall be deemed 546 
rejected. 547 
[(b)] (d) The secretary shall refer any municipality that is a designated 548 
tier III municipality to the Municipal Accountability Review Board 549 
established pursuant to the provisions of section 7-576d, as amended by 550 
this act. 551 
[(c) Notwithstanding any provision of this section, no municipality 552 
shall be designated a tier III municipality prior to July 1, 2018, by any 553 
means other than an application as described in subsection (a) of this 554 
section, except a municipality with a population of one hundred twenty 555 
thousand or more that has a bond rating of Caa1 or less.] 556 
Sec. 10. Subdivision (6) of subsection (b) of section 7-576d of the 557 
general statutes is repealed and the following is substituted in lieu 558 
thereof (Effective October 1, 2022): 559  Raised Bill No.  5427 
 
 
 
LCO No. 1751   	19 of 29 
 
(6) With respect to any municipality referred to the Municipal 560 
Accountability Review Board on or after [January 1, 2018] October 1, 561 
2022, in the case of any proposed collective bargaining agreement or 562 
amendments negotiated pursuant to sections 7-467 to 7-477, inclusive, 563 
including any such agreement negotiated by a board of education, 564 
notwithstanding the provisions of subsection (d) of section 7-474, or 565 
pursuant to section 10-153d, the Municipal Accountability Review 566 
Board shall have the same opportunity and authority to approve or 567 
reject, on not more than two occasions, collective bargaining agreements 568 
or amendments as are provided to the legislative body of such 569 
municipality in said respective sections, except that (A) any such 570 
agreement negotiated by a board of education shall be submitted to the 571 
Municipal Accountability Review Board by the bargaining 572 
representative of such board of education not later than fourteen days 573 
after any such agreement is reached, and (B) [the Municipal 574 
Accountability Review Board shall act upon such agreement, pursuant 575 
to this subdivision, not later than thirty days after submission by such 576 
bargaining representative] such agreement shall be considered 577 
approved thirty days after such submission if the Municipal 578 
Accountability Review Board has failed to approve or reject such 579 
agreement.  580 
Sec. 11. Subdivision (8) of subsection (b) of section 7-576d of the 581 
general statutes is repealed and the following is substituted in lieu 582 
thereof (Effective October 1, 2022): 583 
(8) The board shall monitor compliance with the municipality's 584 
[three-year] five-year financial plan and annual budget and recommend 585 
that the municipality make such changes as are necessary to ensure 586 
budgetary balance in such plan and budget. 587 
Sec. 12. Subsection (a) of section 7-576e of the general statutes is 588 
repealed and the following is substituted in lieu thereof (Effective October 589 
1, 2022): 590 
(a) (1) The chief elected official of a tier III municipality or the 591  Raised Bill No.  5427 
 
 
 
LCO No. 1751   	20 of 29 
 
legislative body of such municipality, by a majority vote, may apply to 592 
the secretary to request designation as a tier IV municipality. The 593 
secretary may approve the request if the secretary determines that such 594 
designation is necessary to ensure the fiscal sustainability of the 595 
municipality and is in the best interests of the state. Prior to submission 596 
of any such request by the chief elected official, such official shall 597 
provide notice of intent to apply for such designation to the legislative 598 
body of such municipality. Such legislative body shall have thirty days 599 
from receipt of such notice to approve or reject the chief elected official's 600 
decision to submit such a request. If such legislative body does not 601 
approve or reject such decision to seek such designation during such 602 
thirty-day period, the chief elected official's decision to submit such 603 
request shall be deemed approved by such legislative body. 604 
(2) The Municipal Accountability Review Board may designate a tier 605 
III municipality as a tier IV municipality based on a finding by the board 606 
that the fiscal condition of such municipality warrants such a 607 
designation based upon an evaluation of the following criteria: (A) The 608 
balance in the municipal reserve fund; (B) the short and long-term 609 
liabilities of the municipality, including, but not limited to, the 610 
municipality's ability to meet minimum funding levels required by law, 611 
contract or court order; (C) the initial budgeted revenue for the 612 
municipality for the past five fiscal years as compared to the actual 613 
revenue received by the municipality for such fiscal years; (D) budget 614 
projections for the following [three] five fiscal years; (E) the economic 615 
outlook for the municipality; and (F) the municipality's access to capital 616 
markets. For the purpose of determining whether to make a finding 617 
pursuant to this subdivision, the membership of the board shall 618 
additionally include the chief elected official of such municipality, the 619 
treasurer of such municipality and a member of the legislative body of 620 
such municipality, as selected by such body. In conducting a vote on 621 
any such determination, the treasurer of such municipality shall be a 622 
non-voting member of the board. The board shall submit such finding 623 
and recommended designation to the secretary, who shall provide for a 624 
thirty-day notice and public comment period related to such finding 625  Raised Bill No.  5427 
 
 
 
LCO No. 1751   	21 of 29 
 
and recommendation. Following the public notice and comment period, 626 
the secretary shall forward the board's finding and recommended 627 
designation and a report regarding the comments received in this regard 628 
to the Governor. Following the receipt of such documentation from the 629 
secretary, the Governor may approve or disapprove the board's 630 
recommended designation. 631 
(3) If any municipality is designated as a tier IV municipality, the 632 
following individuals shall serve as ex-officio, nonvoting members of 633 
the Municipal Accountability Review Board, provided such additional 634 
members shall only serve for purposes of the tier IV municipality that 635 
they represent: (A) The chief elected official of such municipality, or the 636 
chief elected official's designee, (B) an elected member of the local 637 
legislative body of such municipality, or such member's designee, as 638 
selected by a majority vote of the local legislative body of such 639 
municipality, (C) in the case where the municipality has an elected 640 
treasurer, the municipal treasurer or other municipal official responsible 641 
for the issuance of bonds, and (D) a member of the minority party of the 642 
municipality's legislative body as elected by such minority party 643 
members. Notwithstanding the provisions of sections 7-568 to 7-575, 644 
inclusive, and sections 7-576a, as amended by this act, and 7-576b, as 645 
amended by this act, a municipality designated as a tier IV municipality 646 
pursuant to this section shall retain such designation following the 647 
issuance of a deficit obligation subsequent to such municipality's 648 
designation as a tier IV municipality. With respect to a designated tier 649 
IV municipality, the Municipal Accountability Review Board shall have 650 
the same powers and responsibilities as it has with respect to designated 651 
tier III municipalities in addition to which it shall have the following 652 
additional or superseding authority and responsibilities: 653 
(i) To review and approve or disapprove the municipality's annual 654 
budget, including, but not limited to, the general fund, other 655 
governmental funds, enterprise funds and internal service funds. No 656 
annual budget, annual tax levy or user fee for the municipality shall 657 
become operative until it has been approved by the board. If the board 658 
disapproves any annual budget, not later than the May twenty-first 659  Raised Bill No.  5427 
 
 
 
LCO No. 1751   	22 of 29 
 
prior to the beginning of the new fiscal year, the board shall specify the 660 
reasons for such disapproval and shall provide the legislative body until 661 
the June fifteenth prior to the beginning of the new fiscal year to 662 
resubmit the annual budget in accordance with this section. If the 663 
legislative body has not adopted a budget by such June fifteenth date or 664 
its resubmitted annual budget is not approved by the board, the board 665 
shall adopt an interim budget and establish a tax rate and user fees. Such 666 
interim budget shall take effect at the commencement of the fiscal year 667 
and shall remain in effect until the municipality submits and the board 668 
approves a modified budget. Notwithstanding any provision of the 669 
general statutes, or any public or special act, local law, charter or 670 
ordinance or resolution, a municipality may approve a modified budget 671 
pursuant to this section after any applicable deadline for such adoption 672 
has passed. 673 
(ii) To review and approve all bond ordinances and bond resolutions 674 
of the municipality. 675 
(iii) To monitor compliance with the municipality's [three-year] five- 676 
year financial plan and annual budget and require that the municipality 677 
make such changes as are necessary to ensure budgetary balance in such 678 
plan and budget. 679 
(iv) To approve or reject all collective bargaining agreements for a 680 
new term, other than modifications, amendments or reopening of an 681 
agreement, to be entered into by the municipality or any of its agencies 682 
or administrative units, including the board of education. If it rejects an 683 
agreement, the board shall indicate the specific provisions of the 684 
proposed agreement present or missing which caused the rejection, as 685 
well as its rationale for the rejection. The board may indicate the total 686 
cost impact or savings that are acceptable in a new agreement. At any 687 
time during negotiations and prior to reaching any agreement, or a 688 
modified agreement, the parties, by mutual agreement, may request 689 
guidance from the board as to the level and areas of savings that may be 690 
acceptable to the board in a new agreement. Following any rejection of 691 
a proposed collective bargaining agreement, the parties to the 692  Raised Bill No.  5427 
 
 
 
LCO No. 1751   	23 of 29 
 
agreement shall have ten days from the date of the board's rejection to 693 
consider the board's concerns and propose a modified agreement. After 694 
the expiration of such ten-day period, the board shall approve or reject 695 
any such modified agreement. If the parties have been unable to reach a 696 
modified agreement or the board rejects such modified agreement, the 697 
board shall impose binding arbitration on the parties, in accordance 698 
with clause (v) of this subdivision, to arbitrate issues identified by the 699 
board as the cause for such inability or rejection. In establishing the 700 
issues to be arbitrated, as well as in making a determination to reject a 701 
proposed agreement, the board shall not be limited to matters raised or 702 
negotiated by the parties. Also, to approve or reject all modifications, 703 
amendments or reopeners to collective bargaining agreements entered 704 
into by the municipality or any of its agencies or administrative units, 705 
including the board of education. If it rejects a modification, amendment 706 
or reopener to an agreement, the board shall indicate the specific 707 
provisions of the proposed modification, amendment or reopener which 708 
caused the rejection, as well as its rationale for the rejection. The board 709 
may indicate the total cost impact or savings acceptable in a new 710 
modification, amendment or reopener. If the board rejects a proposed 711 
amendment or reopener to a collective bargaining agreement, the 712 
parties to the agreement shall have ten days from the date of the board's 713 
rejection to consider the board's concerns and put forth a revised 714 
modification, amendment or reopener. After the expiration of such ten-715 
day period, the board shall approve or reject any revised modification, 716 
amendment or reopener amendment. If the parties are unable to reach 717 
a revised modification, amendment or reopener or the board rejects 718 
such revised modification, amendment or reopener, the board shall 719 
impose binding arbitration upon the parties in accordance with clause 720 
(v) of this subdivision. The issues to be arbitrated shall be those 721 
identified by the board as causing such inability or rejection. Prior to the 722 
board taking action on any such modification, amendment or reopener, 723 
the parties shall have an opportunity to make a presentation to the 724 
board. 725 
(v) Except as otherwise provided in this subdivision, with respect to 726  Raised Bill No.  5427 
 
 
 
LCO No. 1751   	24 of 29 
 
collective bargaining agreements of the municipality or any of its 727 
agencies or administrative units, including, but not limited to, the board 728 
of education, that are in or are subject to binding arbitration, the board 729 
shall have the power to impose binding arbitration upon the parties any 730 
time after the seventy-fifth day following the commencement of 731 
negotiations or to reject any arbitration award pending municipal or 732 
board of education action pursuant to section 7-473c or 10-153f on the 733 
date the board is established. If, upon the date of a municipality's 734 
designation as a tier IV municipality, the parties are in binding 735 
arbitration, or if the board rejects a pending arbitration award, the board 736 
shall immediately replace any established binding arbitration panel 737 
with an arbitrator selected in accordance with this section. If the board 738 
imposes binding arbitration or replaces an existing binding arbitration 739 
panel, it shall do so with an arbitrator selected by the Governor from a 740 
list of three potential arbitrators approved by and submitted to the 741 
Governor by the board. Such list of potential arbitrators shall include 742 
former judges of the state or federal judicial systems or other persons 743 
who have experience with arbitration or similar proceedings. Prior to 744 
the Governor's selection of an arbitrator, the parties may provide 745 
recommendations for such selection to the board. The board shall not be 746 
limited to selecting arbitrators from those recommended by the parties. 747 
The board may reduce the time limits in the applicable provisions of the 748 
general statutes or any public or special acts governing binding 749 
arbitration by one-half. In imposing such arbitration or in replacing an 750 
arbitration panel, the board shall not be limited to consideration and 751 
inclusion in the collective bargaining agreement of the last best offers or 752 
the matters raised by or negotiated by the parties provided the board 753 
shall indicate reasons for raising any matters not negotiated by the 754 
parties. The board shall be given the opportunity to make a presentation 755 
before the arbitrator. In addition to any statutory factors that shall be 756 
considered by the arbitrator with respect to proposed municipal or 757 
board of education collective bargaining agreements, the arbitrator shall 758 
give highest priority to the short and long-term fiscal exigencies that 759 
resulted in the municipality's designation as a tier IV municipality. Not 760 
later than ten days after the issuance of any of the arbitrator's decisions 761  Raised Bill No.  5427 
 
 
 
LCO No. 1751   	25 of 29 
 
on the matters subject to such binding arbitration, the board may 762 
request reconsideration of one or more of such decisions and state its 763 
position as to the impact of such decisions on the short and long-term 764 
fiscal sustainability of the municipality. Not later than five days after the 765 
board's request for such reconsideration, the parties may submit 766 
comments to the arbitrator in response to the board's stated position. 767 
Not later than thirty days following the board's request for such 768 
reconsideration, the arbitrator, based on the record of the arbitration, 769 
may either modify or maintain the original arbitration decisions. The 770 
arbitrator's decisions shall be binding upon the parties. With respect to 771 
collective bargaining agreements negotiated pursuant to section 10-772 
153d and arbitration awards issued pursuant to section 10-153f, the 773 
provisions of this subdivision shall not apply until the board has 774 
rejected such agreement or award pursuant to subdivision (7) of 775 
subsection (b) of section 7-576d, as amended by this act, on two 776 
occasions. 777 
(4) (A) To require its approval of proposed transfers of a 778 
municipality's appropriations in excess of fifty thousand dollars, (B) to 779 
require its review, approval, disapproval or modification of the budget 780 
of the board of education for the municipality on a line-item basis and 781 
to require the board of education to submit to it any budget transfers, or 782 
(C) to appoint a financial manager and delegate to such manager, in 783 
writing, such powers as the board deems necessary or appropriate for 784 
the purpose of managing the financial and administrative affairs of the 785 
municipality for the period of time during which the municipality is 786 
subject to the powers of the board provided the board may override any 787 
actions taken by such manager at any time and shall not delegate the 788 
powers enumerated under subdivisions (2), (3) and (5) to (7), inclusive, 789 
and (11) to (13), inclusive, of subsection (b) of section 7-576d, as 790 
amended by this act, or subdivisions (1), (2) and (4) to (6), inclusive of 791 
this subsection. The board shall consult with such municipality and the 792 
board of education of such municipality, as applicable, to establish 793 
policies and procedures for the implementation of the provisions of 794 
subparagraphs (A) and (B) of this subdivision. 795  Raised Bill No.  5427 
 
 
 
LCO No. 1751   	26 of 29 
 
(5) The board may require that the municipality or its board of 796 
education notify and submit to the board any or all municipal or board 797 
of education contracts that exceed (A) fifty thousand dollars for 798 
municipalities with a resident population under seventy thousand, or 799 
(B) one hundred thousand dollars for municipalities with a resident 800 
population of seventy thousand or more, not less than thirty days prior 801 
to execution of such contract, for the purpose of the board's review and 802 
approval of such contracts. The board shall establish policies and 803 
procedures, in consultation with any such municipality and such 804 
municipality's board of education, to implement the provisions of this 805 
subdivision. 806 
(6) To approve and authorize the issuance of obligations under 807 
section 7-575, including, with regard to a designated tier IV municipality 808 
otherwise ineligible to issue such obligations, for the purposes of issuing 809 
general obligations for purposes of deficit financing, addressing pension 810 
liabilities in accordance with section 7-374c, as amended by this act, debt 811 
restructuring and other purposes allowed for which municipal 812 
obligations are authorized by the general statutes. 813 
Sec. 13. Section 7-576f of the general statutes is repealed and the 814 
following is substituted in lieu thereof (Effective October 1, 2022): 815 
(a) A municipality designated as a tier I municipality in accordance 816 
with section 7-576a [or designated as a] , as amended by this act, tier II 817 
municipality in accordance with section 7-576b, as amended by this act, 818 
tier III municipality in accordance with section 7-576c, as amended by 819 
this act, or tier IV municipality in accordance with section 7-576e, as 820 
amended by this act, shall retain such designation, notwithstanding any 821 
positive changes in the factors leading to its current designation, [or] 822 
until, in the fiscal years following such designation, (1) there have been 823 
no [annual] audited operating [budgetary] deficits in the general fund 824 
of the municipality for two consecutive fiscal years, (2) the 825 
municipality's bond rating has either improved or remained unchanged 826 
since its most current designation, (3) the municipality has presented 827 
and the commission or board has approved a financial plan that projects 828  Raised Bill No.  5427 
 
 
 
LCO No. 1751   	27 of 29 
 
a positive [unreserved] fund for the three succeeding consecutive fiscal 829 
years covered by such financial plan, where the third such fiscal year 830 
projecting a positive fund balance of at least five per cent, and (4) the 831 
municipality's audits for such consecutive fiscal years have been 832 
completed and contain no general fund deficit. [Notwithstanding any 833 
other provisions of sections 7-560 to 7-575, inclusive, sections 7-568 to 7-834 
579, inclusive, the municipality shall remain undesignated for purposes 835 
of a tier designation, unless circumstances would result in the 836 
municipality being designated as a tier numerically higher than its most 837 
recent designation.] 838 
(b) Notwithstanding subsection (a) of this section, the Municipal 839 
Finance Advisory Commission may, by unanimous vote, end the 840 
designation of a municipality designated as a tier I municipality, based 841 
on an evaluation of such municipality's financial condition. 842 
Sec. 14. Subsection (a) of section 7-576i of the general statutes is 843 
repealed and the following is substituted in lieu thereof (Effective October 844 
1, 2022): 845 
(a) Any designated tier II, III, or IV municipality shall be eligible to 846 
receive funding from the Municipal Restructuring Fund, which fund 847 
shall be nonlapsing. A designated tier II, III or IV municipality seeking 848 
such funds shall submit, for approval by the Secretary of the Office of 849 
Policy and Management, a plan detailing its overall restructuring plan, 850 
including local actions to be taken and its proposed use of such funds. 851 
Notwithstanding section 10-262j, a municipality may, as part of such 852 
plan and in consultation with its local board of education, submit a 853 
proposed reduction in the minimum budget requirement related to its 854 
education budget. The secretary shall consult with the Commissioner of 855 
Education in approving or rejecting such proposed reduction. The 856 
secretary shall consult with the municipal accountability review board 857 
in making distribution decisions and attaching appropriate conditions 858 
thereto, including the timing of any such distributions and whether such 859 
funds shall be distributed in the form of a municipal restructuring fund 860 
loan subject to repayment by the municipality. The distribution of such 861  Raised Bill No.  5427 
 
 
 
LCO No. 1751   	28 of 29 
 
assistance funds shall be based on the relative fiscal needs of the 862 
requesting municipalities. The secretary may approve all, none or a 863 
portion of the funds requested by a municipality. In attaching 864 
conditions to such funding, the secretary shall consider the impact of 865 
such conditions on the ability of a municipality to meet legal and other 866 
obligations. The board shall monitor and report to the secretary on the 867 
use of such funds and adherence to the conditions attached thereto. The 868 
secretary shall develop and issue guidance on the (1) administration of 869 
the municipal restructuring fund, (2) criteria for participation by 870 
municipalities and requirements for plan submission, and (3) 871 
prioritization for the awarding of assistance funds pursuant to this 872 
section. Any municipality that receives funding from the municipal 873 
restructuring fund, in addition to the other responsibilities and 874 
authority given to the board with respect to designated tiers II, III and 875 
IV municipalities, shall be required to receive board approval of its 876 
annual budgets. 877 
Sec. 15. Section 7-576g of the general statutes is repealed. (Effective 878 
October 1, 2022) 879 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 October 1, 2022 7-374c(c) 
Sec. 2 October 1, 2022 7-392(e) 
Sec. 3 October 1, 2022 7-393 
Sec. 4 October 1, 2022 7-395(d) 
Sec. 5 October 1, 2022 7-406c 
Sec. 6 October 1, 2022 7-560 
Sec. 7 October 1, 2022 7-576a 
Sec. 8 October 1, 2022 7-576b 
Sec. 9 October 1, 2022 7-576c 
Sec. 10 October 1, 2022 7-576d(b)(6) 
Sec. 11 October 1, 2022 7-576d(b)(8) 
Sec. 12 October 1, 2022 7-576e(a) 
Sec. 13 October 1, 2022 7-576f 
Sec. 14 October 1, 2022 7-576i(a) 
Sec. 15 October 1, 2022 Repealer section  Raised Bill No.  5427 
 
 
 
LCO No. 1751   	29 of 29 
 
 
Statement of Purpose:   
To implement the recommendations of the Office of Policy and 
Management concerning municipal finances and the Municipal Finance 
Advisory Commission. 
[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.]