LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05427-R02- HB.docx 1 of 29 General Assembly Substitute Bill No. 5427 February Session, 2022 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 Subsection (c) of section 7-374c of the general statutes is 1 repealed and the following is substituted in lieu thereof (Effective October 2 1, 2022): 3 (c) Any municipality which has no outstanding pension deficit 4 funding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 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 Substitute Bill No. 5427 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05427- R02-HB.docx } 2 of 29 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 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 Substitute Bill No. 5427 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05427- R02-HB.docx } 3 of 29 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 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 Substitute Bill No. 5427 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05427- R02-HB.docx } 4 of 29 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 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 Substitute Bill No. 5427 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05427- R02-HB.docx } 5 of 29 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 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 Substitute Bill No. 5427 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05427- R02-HB.docx } 6 of 29 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 Substitute Bill No. 5427 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05427- R02-HB.docx } 7 of 29 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 Substitute Bill No. 5427 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05427- R02-HB.docx } 8 of 29 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 Substitute Bill No. 5427 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05427- R02-HB.docx } 9 of 29 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 Substitute Bill No. 5427 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05427- R02-HB.docx } 10 of 29 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 Substitute Bill No. 5427 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05427- R02-HB.docx } 11 of 29 (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 Substitute Bill No. 5427 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05427- R02-HB.docx } 12 of 29 [(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 Substitute Bill No. 5427 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05427- R02-HB.docx } 13 of 29 [(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 Substitute Bill No. 5427 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05427- R02-HB.docx } 14 of 29 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 Substitute Bill No. 5427 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05427- R02-HB.docx } 15 of 29 [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] the municipality has held one or more 451 meetings with the Municipal Finance Advisory Committee, and (1) has 452 an equalized mill rate of not less than thirty, or (2) received thirty per 453 cent or more of its current year audited revenues in the form of 454 municipal aid from the state. Any such official that applies for such 455 designation pursuant to this subsection shall provide a copy of such 456 application to the Municipal Finance Advisory Committee not later than 457 ten days after 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 Substitute Bill No. 5427 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05427- R02-HB.docx } 16 of 29 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 Substitute Bill No. 5427 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05427- R02-HB.docx } 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. Any chief elected 516 official or legislative body that submits a request pursuant to this 517 subsection shall provide a copy of such request to the Municipal Finance 518 Advisory Commission not later than ten days after submitting such 519 request. The secretary shall designate a municipality as tier III if [: (i) A 520 municipality meets either condition described in subdivision (1) or (2) 521 of] a request for such designation has been made pursuant to this 522 subsection, and based on reports and findings of the Municipal Finance 523 Advisory Commission, the secretary finds that the fiscal condition of the 524 municipality warrants such designation. [, (ii) the municipality] 525 (b) Any municipality that (1) receives a bond rating below investment 526 grade from a rating agency, (2) issues refunding bonds that [(I)] (A) have 527 Substitute Bill No. 5427 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05427- R02-HB.docx } 18 of 29 a term of more than twenty-five years, [(II)] (B) do not achieve net 528 present value savings pursuant to the provisions of section 7-370c, and 529 [(III)] (C) have annual debt service obligations associated with any 530 existing debt and such refunding bonds in any year that are greater than 531 the first full year debt service obligation following the issuance of such 532 refunding bonds, or [(iii) the municipality] (3) issues a deficit obligation 533 [or has issued a deficit obligation in the five years preceding July 1, 534 2017.] shall be designated as a tier III municipality. Any municipality 535 that meets one or more conditions described in subdivisions (1) to (3), 536 inclusive, of this subsection, shall notify the secretary not later than ten 537 days after having met such condition or conditions. 538 (c) The Municipal Finance Advisory Commission may, after holding 539 at least one meeting with a designated tier I municipality, recommend 540 to the secretary that such municipality be designated as a tier III 541 municipality. Any such recommendation shall be made on the basis of 542 such municipality's financial condition, which shall be documented by 543 the commission in a report submitted to the secretary. A copy of such 544 report shall be provided to such municipality not later than ten days 545 after such submission. Not later than forty-five days after such 546 submission, the secretary may approve or reject such recommendation. 547 If the secretary does not approve or reject such recommendation during 548 such forty-five-day period, such recommendation shall be deemed 549 rejected. 550 [(b)] (d) The secretary shall refer any municipality that is a designated 551 tier III municipality to the Municipal Accountability Review Board 552 established pursuant to the provisions of section 7-576d, as amended by 553 this act. 554 [(c) Notwithstanding any provision of this section, no municipality 555 shall be designated a tier III municipality prior to July 1, 2018, by any 556 means other than an application as described in subsection (a) of this 557 section, except a municipality with a population of one hundred twenty 558 thousand or more that has a bond rating of Caa1 or less.] 559 Substitute Bill No. 5427 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05427- R02-HB.docx } 19 of 29 Sec. 10. Subdivision (6) of subsection (b) of section 7-576d of the 560 general statutes is repealed and the following is substituted in lieu 561 thereof (Effective October 1, 2022): 562 (6) With respect to any municipality referred to the Municipal 563 Accountability Review Board on or after [January 1, 2018] October 1, 564 2022, in the case of any proposed collective bargaining agreement or 565 amendments negotiated pursuant to sections 7-467 to 7-477, inclusive, 566 including any such agreement negotiated by a board of education, 567 notwithstanding the provisions of subsection (d) of section 7-474, or 568 pursuant to section 10-153d, the Municipal Accountability Review 569 Board shall have the same opportunity and authority to approve or 570 reject, on not more than two occasions, collective bargaining agreements 571 or amendments as are provided to the legislative body of such 572 municipality in said respective sections, except that (A) any such 573 agreement negotiated by a board of education shall be submitted to the 574 Municipal Accountability Review Board by the bargaining 575 representative of such board of education not later than fourteen days 576 after any such agreement is reached, and (B) [the Municipal 577 Accountability Review Board shall act upon such agreement, pursuant 578 to this subdivision, not later than thirty days after submission by such 579 bargaining representative] such agreement shall be considered 580 approved thirty days after such submission if the Municipal 581 Accountability Review Board has failed to approve or reject such 582 agreement. 583 Sec. 11. Subdivision (8) of subsection (b) of section 7-576d of the 584 general statutes is repealed and the following is substituted in lieu 585 thereof (Effective October 1, 2022): 586 (8) The board shall monitor compliance with the municipality's 587 [three-year] five-year financial plan and annual budget and recommend 588 that the municipality make such changes as are necessary to ensure 589 budgetary balance in such plan and budget. 590 Sec. 12. Subsection (a) of section 7-576e of the general statutes is 591 Substitute Bill No. 5427 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05427- R02-HB.docx } 20 of 29 repealed and the following is substituted in lieu thereof (Effective October 592 1, 2022): 593 (a) (1) The chief elected official of a tier III municipality or the 594 legislative body of such municipality, by a majority vote, may apply to 595 the secretary to request designation as a tier IV municipality. The 596 secretary may approve the request if the secretary determines that such 597 designation is necessary to ensure the fiscal sustainability of the 598 municipality and is in the best interests of the state. Prior to submission 599 of any such request by the chief elected official, such official shall 600 provide notice of intent to apply for such designation to the legislative 601 body of such municipality. Such legislative body shall have thirty days 602 from receipt of such notice to approve or reject the chief elected official's 603 decision to submit such a request. If such legislative body does not 604 approve or reject such decision to seek such designation during such 605 thirty-day period, the chief elected official's decision to submit such 606 request shall be deemed approved by such legislative body. 607 (2) The Municipal Accountability Review Board may designate a tier 608 III municipality as a tier IV municipality based on a finding by the board 609 that the fiscal condition of such municipality warrants such a 610 designation based upon an evaluation of the following criteria: (A) The 611 balance in the municipal reserve fund; (B) the short and long-term 612 liabilities of the municipality, including, but not limited to, the 613 municipality's ability to meet minimum funding levels required by law, 614 contract or court order; (C) the initial budgeted revenue for the 615 municipality for the past five fiscal years as compared to the actual 616 revenue received by the municipality for such fiscal years; (D) budget 617 projections for the following [three] five fiscal years; (E) the economic 618 outlook for the municipality; and (F) the municipality's access to capital 619 markets. For the purpose of determining whether to make a finding 620 pursuant to this subdivision, the membership of the board shall 621 additionally include the chief elected official of such municipality, the 622 treasurer of such municipality and a member of the legislative body of 623 such municipality, as selected by such body. In conducting a vote on 624 Substitute Bill No. 5427 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05427- R02-HB.docx } 21 of 29 any such determination, the treasurer of such municipality shall be a 625 non-voting member of the board. The board shall submit such finding 626 and recommended designation to the secretary, who shall provide for a 627 thirty-day notice and public comment period related to such finding 628 and recommendation. Following the public notice and comment period, 629 the secretary shall forward the board's finding and recommended 630 designation and a report regarding the comments received in this regard 631 to the Governor. Following the receipt of such documentation from the 632 secretary, the Governor may approve or disapprove the board's 633 recommended designation. 634 (3) If any municipality is designated as a tier IV municipality, the 635 following individuals shall serve as ex-officio, nonvoting members of 636 the Municipal Accountability Review Board, provided such additional 637 members shall only serve for purposes of the tier IV municipality that 638 they represent: (A) The chief elected official of such municipality, or the 639 chief elected official's designee, (B) an elected member of the local 640 legislative body of such municipality, or such member's designee, as 641 selected by a majority vote of the local legislative body of such 642 municipality, (C) in the case where the municipality has an elected 643 treasurer, the municipal treasurer or other municipal official responsible 644 for the issuance of bonds, and (D) a member of the minority party of the 645 municipality's legislative body as elected by such minority party 646 members. Notwithstanding the provisions of sections 7-568 to 7-575, 647 inclusive, and sections 7-576a, as amended by this act, and 7-576b, as 648 amended by this act, a municipality designated as a tier IV municipality 649 pursuant to this section shall retain such designation following the 650 issuance of a deficit obligation subsequent to such municipality's 651 designation as a tier IV municipality. With respect to a designated tier 652 IV municipality, the Municipal Accountability Review Board shall have 653 the same powers and responsibilities as it has with respect to designated 654 tier III municipalities in addition to which it shall have the following 655 additional or superseding authority and responsibilities: 656 (i) To review and approve or disapprove the municipality's annual 657 Substitute Bill No. 5427 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05427- R02-HB.docx } 22 of 29 budget, including, but not limited to, the general fund, other 658 governmental funds, enterprise funds and internal service funds. No 659 annual budget, annual tax levy or user fee for the municipality shall 660 become operative until it has been approved by the board. If the board 661 disapproves any annual budget, not later than the May twenty-first 662 prior to the beginning of the new fiscal year, the board shall specify the 663 reasons for such disapproval and shall provide the legislative body until 664 the June fifteenth prior to the beginning of the new fiscal year to 665 resubmit the annual budget in accordance with this section. If the 666 legislative body has not adopted a budget by such June fifteenth date or 667 its resubmitted annual budget is not approved by the board, the board 668 shall adopt an interim budget and establish a tax rate and user fees. Such 669 interim budget shall take effect at the commencement of the fiscal year 670 and shall remain in effect until the municipality submits and the board 671 approves a modified budget. Notwithstanding any provision of the 672 general statutes, or any public or special act, local law, charter or 673 ordinance or resolution, a municipality may approve a modified budget 674 pursuant to this section after any applicable deadline for such adoption 675 has passed. 676 (ii) To review and approve all bond ordinances and bond resolutions 677 of the municipality. 678 (iii) To monitor compliance with the municipality's [three-year] five- 679 year financial plan and annual budget and require that the municipality 680 make such changes as are necessary to ensure budgetary balance in such 681 plan and budget. 682 (iv) To approve or reject all collective bargaining agreements for a 683 new term, other than modifications, amendments or reopening of an 684 agreement, to be entered into by the municipality or any of its agencies 685 or administrative units, including the board of education. If it rejects an 686 agreement, the board shall indicate the specific provisions of the 687 proposed agreement present or missing which caused the rejection, as 688 well as its rationale for the rejection. The board may indicate the total 689 cost impact or savings that are acceptable in a new agreement. At any 690 Substitute Bill No. 5427 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05427- R02-HB.docx } 23 of 29 time during negotiations and prior to reaching any agreement, or a 691 modified agreement, the parties, by mutual agreement, may request 692 guidance from the board as to the level and areas of savings that may be 693 acceptable to the board in a new agreement. Following any rejection of 694 a proposed collective bargaining agreement, the parties to the 695 agreement shall have ten days from the date of the board's rejection to 696 consider the board's concerns and propose a modified agreement. After 697 the expiration of such ten-day period, the board shall approve or reject 698 any such modified agreement. If the parties have been unable to reach a 699 modified agreement or the board rejects such modified agreement, the 700 board shall impose binding arbitration on the parties, in accordance 701 with clause (v) of this subdivision, to arbitrate issues identified by the 702 board as the cause for such inability or rejection. In establishing the 703 issues to be arbitrated, as well as in making a determination to reject a 704 proposed agreement, the board shall not be limited to matters raised or 705 negotiated by the parties. Also, to approve or reject all modifications, 706 amendments or reopeners to collective bargaining agreements entered 707 into by the municipality or any of its agencies or administrative units, 708 including the board of education. If it rejects a modification, amendment 709 or reopener to an agreement, the board shall indicate the specific 710 provisions of the proposed modification, amendment or reopener which 711 caused the rejection, as well as its rationale for the rejection. The board 712 may indicate the total cost impact or savings acceptable in a new 713 modification, amendment or reopener. If the board rejects a proposed 714 amendment or reopener to a collective bargaining agreement, the 715 parties to the agreement shall have ten days from the date of the board's 716 rejection to consider the board's concerns and put forth a revised 717 modification, amendment or reopener. After the expiration of such ten-718 day period, the board shall approve or reject any revised modification, 719 amendment or reopener amendment. If the parties are unable to reach 720 a revised modification, amendment or reopener or the board rejects 721 such revised modification, amendment or reopener, the board shall 722 impose binding arbitration upon the parties in accordance with clause 723 (v) of this subdivision. The issues to be arbitrated shall be those 724 identified by the board as causing such inability or rejection. Prior to the 725 Substitute Bill No. 5427 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05427- R02-HB.docx } 24 of 29 board taking action on any such modification, amendment or reopener, 726 the parties shall have an opportunity to make a presentation to the 727 board. 728 (v) Except as otherwise provided in this subdivision, with respect to 729 collective bargaining agreements of the municipality or any of its 730 agencies or administrative units, including, but not limited to, the board 731 of education, that are in or are subject to binding arbitration, the board 732 shall have the power to impose binding arbitration upon the parties any 733 time after the seventy-fifth day following the commencement of 734 negotiations or to reject any arbitration award pending municipal or 735 board of education action pursuant to section 7-473c or 10-153f on the 736 date the board is established. If, upon the date of a municipality's 737 designation as a tier IV municipality, the parties are in binding 738 arbitration, or if the board rejects a pending arbitration award, the board 739 shall immediately replace any established binding arbitration panel 740 with an arbitrator selected in accordance with this section. If the board 741 imposes binding arbitration or replaces an existing binding arbitration 742 panel, it shall do so with an arbitrator selected by the Governor from a 743 list of three potential arbitrators approved by and submitted to the 744 Governor by the board. Such list of potential arbitrators shall include 745 former judges of the state or federal judicial systems or other persons 746 who have experience with arbitration or similar proceedings. Prior to 747 the Governor's selection of an arbitrator, the parties may provide 748 recommendations for such selection to the board. The board shall not be 749 limited to selecting arbitrators from those recommended by the parties. 750 The board may reduce the time limits in the applicable provisions of the 751 general statutes or any public or special acts governing binding 752 arbitration by one-half. In imposing such arbitration or in replacing an 753 arbitration panel, the board shall not be limited to consideration and 754 inclusion in the collective bargaining agreement of the last best offers or 755 the matters raised by or negotiated by the parties provided the board 756 shall indicate reasons for raising any matters not negotiated by the 757 parties. The board shall be given the opportunity to make a presentation 758 before the arbitrator. In addition to any statutory factors that shall be 759 Substitute Bill No. 5427 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05427- R02-HB.docx } 25 of 29 considered by the arbitrator with respect to proposed municipal or 760 board of education collective bargaining agreements, the arbitrator shall 761 give highest priority to the short and long-term fiscal exigencies that 762 resulted in the municipality's designation as a tier IV municipality. Not 763 later than ten days after the issuance of any of the arbitrator's decisions 764 on the matters subject to such binding arbitration, the board may 765 request reconsideration of one or more of such decisions and state its 766 position as to the impact of such decisions on the short and long-term 767 fiscal sustainability of the municipality. Not later than five days after the 768 board's request for such reconsideration, the parties may submit 769 comments to the arbitrator in response to the board's stated position. 770 Not later than thirty days following the board's request for such 771 reconsideration, the arbitrator, based on the record of the arbitration, 772 may either modify or maintain the original arbitration decisions. The 773 arbitrator's decisions shall be binding upon the parties. With respect to 774 collective bargaining agreements negotiated pursuant to section 10-775 153d and arbitration awards issued pursuant to section 10-153f, the 776 provisions of this subdivision shall not apply until the board has 777 rejected such agreement or award pursuant to subdivision (7) of 778 subsection (b) of section 7-576d, as amended by this act, on two 779 occasions. 780 (4) (A) To require its approval of proposed transfers of a 781 municipality's appropriations in excess of fifty thousand dollars, (B) to 782 require its review, approval, disapproval or modification of the budget 783 of the board of education for the municipality on a line-item basis and 784 to require the board of education to submit to it any budget transfers, or 785 (C) to appoint a financial manager and delegate to such manager, in 786 writing, such powers as the board deems necessary or appropriate for 787 the purpose of managing the financial and administrative affairs of the 788 municipality for the period of time during which the municipality is 789 subject to the powers of the board provided the board may override any 790 actions taken by such manager at any time and shall not delegate the 791 powers enumerated under subdivisions (2), (3) and (5) to (7), inclusive, 792 and (11) to (13), inclusive, of subsection (b) of section 7-576d, as 793 Substitute Bill No. 5427 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05427- R02-HB.docx } 26 of 29 amended by this act, or subdivisions (1), (2) and (4) to (6), inclusive of 794 this subsection. The board shall consult with such municipality and the 795 board of education of such municipality, as applicable, to establish 796 policies and procedures for the implementation of the provisions of 797 subparagraphs (A) and (B) of this subdivision. 798 (5) The board may require that the municipality or its board of 799 education notify and submit to the board any or all municipal or board 800 of education contracts that exceed (A) fifty thousand dollars for 801 municipalities with a resident population under seventy thousand, or 802 (B) one hundred thousand dollars for municipalities with a resident 803 population of seventy thousand or more, not less than thirty days prior 804 to execution of such contract, for the purpose of the board's review and 805 approval of such contracts. The board shall establish policies and 806 procedures, in consultation with any such municipality and such 807 municipality's board of education, to implement the provisions of this 808 subdivision. 809 (6) To approve and authorize the issuance of obligations under 810 section 7-575, including, with regard to a designated tier IV municipality 811 otherwise ineligible to issue such obligations, for the purposes of issuing 812 general obligations for purposes of deficit financing, addressing pension 813 liabilities in accordance with section 7-374c, as amended by this act, debt 814 restructuring and other purposes allowed for which municipal 815 obligations are authorized by the general statutes. 816 Sec. 13. Section 7-576f of the general statutes is repealed and the 817 following is substituted in lieu thereof (Effective October 1, 2022): 818 (a) A municipality designated as a tier I municipality in accordance 819 with section 7-576a, [or designated as a] as amended by this act, tier II 820 municipality in accordance with section 7-576b, as amended by this act, 821 tier III municipality in accordance with section 7-576c, as amended by 822 this act, or tier IV municipality in accordance with section 7-576e, as 823 amended by this act, shall retain such designation, notwithstanding any 824 positive changes in the factors leading to its current designation, [or] 825 Substitute Bill No. 5427 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05427- R02-HB.docx } 27 of 29 until, in the fiscal years following such designation, (1) there have been 826 no [annual] audited operating [budgetary] deficits in the general fund 827 of the municipality for two consecutive fiscal years, (2) the 828 municipality's bond rating has either improved or remained unchanged 829 since its most current designation, (3) the municipality has presented 830 and the commission or board has approved a financial plan that projects 831 a positive [unreserved] fund balance for the three succeeding 832 consecutive fiscal years covered by such financial plan, where a positive 833 fund balance of at least five per cent is projected in the third such fiscal 834 year, and (4) the municipality's audits for such consecutive fiscal years 835 have been completed and contain no general fund deficit. 836 [Notwithstanding any other provisions of sections 7-560 to 7-575, 837 inclusive, sections 7-568 to 7-579, inclusive, the municipality shall 838 remain undesignated for purposes of a tier designation, unless 839 circumstances would result in the municipality being designated as a 840 tier numerically higher than its most recent designation.] 841 (b) Notwithstanding subsection (a) of this section, the Municipal 842 Finance Advisory Commission may, by unanimous vote, end the 843 designation of a municipality designated as a tier I municipality, based 844 on an evaluation of such municipality's financial condition. 845 Sec. 14. Subsection (a) of section 7-576i of the general statutes is 846 repealed and the following is substituted in lieu thereof (Effective October 847 1, 2022): 848 (a) Any designated tier II, III, or IV municipality shall be eligible to 849 receive funding from the Municipal Restructuring Fund, which fund 850 shall be nonlapsing. A designated tier II, III or IV municipality seeking 851 such funds shall submit, for approval by the Secretary of the Office of 852 Policy and Management, a plan detailing its overall restructuring plan, 853 including local actions to be taken and its proposed use of such funds. 854 Notwithstanding section 10-262j, a municipality may, as part of such 855 plan and in consultation with its local board of education, submit a 856 proposed reduction in the minimum budget requirement related to its 857 education budget. The secretary shall consult with the Commissioner of 858 Substitute Bill No. 5427 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05427- R02-HB.docx } 28 of 29 Education in approving or rejecting such proposed reduction. The 859 secretary shall consult with the municipal accountability review board 860 in making distribution decisions and attaching appropriate conditions 861 thereto, including the timing of any such distributions and whether such 862 funds shall be distributed in the form of a municipal restructuring fund 863 loan subject to repayment by the municipality. The distribution of such 864 assistance funds shall be based on the relative fiscal needs of the 865 requesting municipalities. The secretary may approve all, none or a 866 portion of the funds requested by a municipality. In attaching 867 conditions to such funding, the secretary shall consider the impact of 868 such conditions on the ability of a municipality to meet legal and other 869 obligations. The board shall monitor and report to the secretary on the 870 use of such funds and adherence to the conditions attached thereto. The 871 secretary shall develop and issue guidance on the (1) administration of 872 the municipal restructuring fund, (2) criteria for participation by 873 municipalities and requirements for plan submission, and (3) 874 prioritization for the awarding of assistance funds pursuant to this 875 section. Any municipality that receives funding from the municipal 876 restructuring fund, in addition to the other responsibilities and 877 authority given to the board with respect to designated tiers II, III and 878 IV municipalities, shall be required to receive board approval of its 879 annual budgets. 880 Sec. 15. Section 7-576g of the general statutes is repealed. (Effective 881 October 1, 2022) 882 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 Substitute Bill No. 5427 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05427- R02-HB.docx } 29 of 29 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 Statement of Legislative Commissioners: In Section 13(a), "where the third such fiscal year projecting a positive fund balance of at least five per cent" was changed to "where a positive fund balance of at least five per cent is projected in the third such fiscal year" for clarity. PD Joint Favorable Subst. C/R FIN FIN Joint Favorable Subst.-LCO