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General Assembly Substitute Bill No. 5476
February Session, 2022
AN ACT CONCERNING THE PROVISION OF PARTIAL FEE
REDUCTIONS BY MUNICIPAL STORMWATER AUTHORITIES AND
THE INCLUSION OF HEATING, VENTILATING AND AIR
CONDITIONING SYSTEMS IN SCHOOL BUILDING PROJECT GRANT
PAYMENTS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 22a-498 of the 2022 supplement to the general 1
statutes is repealed and the following is substituted in lieu thereof 2
(Effective July 1, 2022): 3
(a) Any municipality may, by ordinance adopted by its legislative 4
body, designate any existing board or commission or establish a new 5
board or commission as the stormwater authority for such municipality. 6
If a new board or commission is created, such municipality shall, by 7
ordinance, determine the number of members thereof, their 8
compensation, if any, whether such members shall be elected or 9
appointed, the method of their appointment, if appointed, and removal 10
and their terms of office, which shall be so arranged that not more than 11
one-half of such terms shall expire within any one year. 12
(b) The purposes of the stormwater authority shall be to: (1) Develop 13
a stormwater management program, including, but not limited to, (A) a 14
program for construction and post-construction site stormwater runoff 15
control, including control detention and prevention of stormwater 16
runoff from development sites; or (B) a program for control and 17 Substitute Bill No. 5476
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abatement of stormwater pollution from existing land uses, and the 18
detection and elimination of connections to the stormwater system that 19
threaten the public health, welfare or the environment; (2) provide 20
public education and outreach in the municipality relating to 21
stormwater management activities and to establish procedures for 22
public participation; (3) provide for the administration of the 23
stormwater management program; (4) establish geographic boundaries 24
of the stormwater authority district; and (5) recommend to the 25
legislative body of the municipality in which such district is located the 26
imposition of a fee upon the interests in real property within such 27
district, subject to the fifteen per cent limitation on, or alternative 28
election to exempt, properties owned by hospitals described in 29
subdivision (3) of subsection (c) of this section, the revenues from which 30
shall be used in carrying out any of the powers of such district. In 31
accomplishing the purposes of this section, the stormwater authority 32
may plan, layout, acquire, construct, reconstruct, repair, maintain, 33
supervise and manage stormwater control systems. 34
(c) (1) Any stormwater authority created by a municipality pursuant 35
to subsection (a) of this section may levy fees, approved by the 36
legislative body of the municipality in accordance with the provisions 37
of subdivision (3) of this subsection, on property owners of the 38
municipality, except as specified in subdivision (2) of this subsection, 39
for the purposes described in subsection (b) of this section. In 40
establishing fees for properties in its district, the stormwater authority 41
shall consider criteria, including, but not limited to, [the following: The] 42
the area of the property containing impervious surfaces from which 43
stormwater runoff is generated [,] and land use types that result in 44
higher or lower concentrations of stormwater pollution. [and the grand 45
list valuation of the property.] In establishing fees for property in its 46
district, the stormwater authority shall [offer] provide for: 47
(A) A partial fee reduction, in the form of a credit proportional to the 48
reduction in stormwater runoff, for any property in its district whose 49
owner maintains and operates a stormwater management system that 50 Substitute Bill No. 5476
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complies with state and local stormwater management standards that 51
were in effect at the time such system was approved and which system 52
effectively reduces, retains or treats stormwater onsite and is approved 53
by the stormwater authority; 54
(B) An additional partial fee reduction, in the form of a credit 55
proportional to the reduction in stormwater runoff, for any property 56
[owner] in its district [who] whose owner has installed and is operating 57
and maintaining current stormwater best management practices that 58
reduce, retain [,] or treat stormwater onsite and that are approved by the 59
stormwater authority; [.] and 60
(C) An additional partial fee reduction, in the form of a credit 61
proportional to the reduction in stormwater runoff, for any property in 62
its district whose owner has installed and is operating and maintaining 63
infrastructure that reduces, retains or treats stormwater onsite and 64
which infrastructure exceeds any requirements that may be applicable 65
to the property under any provision of the general statutes, regulation 66
adopted by the Commissioner of Energy and Environmental Protection 67
or local stormwater control ordinance. 68
(2) In the case of land classified as, and consisting of, farm, forest or 69
open space land, or property owned by the state government, or any of 70
its political subdivisions or respective agencies, the stormwater 71
authority may only [levee] levy such fees on areas of such land that 72
contain impervious surfaces from which stormwater discharges to a 73
municipal separate storm sewer system. 74
(3) Each stormwater authority shall present its budget annually to the 75
legislative body of the municipality for approval. Such budget shall 76
include the specific programs the authority proposes to undertake 77
during the fiscal year for which the budget is presented, the projected 78
expenditures for such programs for the fiscal year and the amount of the 79
fee or fees the authority proposes to levy to pay for such expenditures. 80
In no event shall the aggregate amount of the fees proposed for the fiscal 81
year exceed the aggregate amount of such projected expenditures for 82 Substitute Bill No. 5476
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the fiscal year and in no event shall more than fifteen per cent of the 83
aggregate amount of the fees proposed for any fiscal year prior to July 84
1, 2026, be generated from properties located in the municipality that 85
are owned by hospitals that are parties to the settlement agreement with 86
the state approved pursuant to special act 19-1 of the December 2019 87
special session. The legislative body of the municipality shall ensure that 88
the aggregate amount of the fees approved comply with such fifteen per 89
cent limitation. For each such fiscal year prior to July 1, 2026, the 90
authority shall, not later than thirty days after the conclusion of the fiscal 91
year, (A) conduct a review to ensure that not more than fifteen per cent 92
of the aggregate fees received for such fiscal year were generated from 93
real property located in the municipality that is owned by one or more 94
hospitals that are parties to the settlement agreement described in this 95
subdivision, (B) in the event that the fees received from all such 96
hospitals together exceed fifteen per cent of the aggregate fees received 97
for such fiscal year, the stormwater authority shall rebate any amounts 98
received in excess of fifteen per cent, proportionately, to such hospitals, 99
and (C) provide the results of the stormwater authority's review, in 100
writing to each hospital, regardless of whether a rebate is due. As an 101
alternative to imposing the fee on properties located in the municipality 102
that are owned by hospitals that are parties to such settlement 103
agreement described in this subdivision, the legislative body may 104
approve exemption of such properties from the fee until July 1, 2026. 105
The legislative body of the municipality may approve fee amounts that 106
are less than the amounts proposed by the authority but in no event shall 107
the legislative body of the municipality approve fee amounts that are 108
greater than the amounts proposed by the authority. 109
(d) Any person aggrieved by the action of a stormwater authority 110
under this section shall have the same rights and remedies for appeal 111
and relief as are provided in the general statutes for taxpayers claiming 112
to be aggrieved by the doings of the assessors or board of assessment 113
appeals. 114
(e) The authority may adopt municipal regulations to implement the 115 Substitute Bill No. 5476
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stormwater management program. 116
(f) The authority may, subject to the commissioner's approval, enter 117
into contracts with any municipal or regional entity to accomplish the 118
purposes of this section. 119
(g) For purposes of this section and sections 22a-498a and 22a-498b, 120
"municipality" means any town, city, borough, consolidated town and 121
city or consolidated town or borough. "Municipality" does not include 122
any local school district, regional school district, metropolitan district, 123
district, as defined in section 7-324, or any other municipal corporation 124
or authority authorized to issue bonds, notes or other obligations under 125
the provisions of the general statutes or any special act. 126
Sec. 2. Section 10-283 of the 2022 supplement to the general statutes 127
is repealed and the following is substituted in lieu thereof (Effective July 128
1, 2022): 129
(a) (1) Each town or regional school district shall be eligible to apply 130
for and accept grants for a school building project as provided in this 131
chapter. Any town desiring a grant for a public school building project 132
may, by vote of its legislative body, authorize the board of education of 133
such town to apply to the Commissioner of Administrative Services and 134
to accept or reject such grant for the town. Any regional school board 135
may vote to authorize the supervising agent of the regional school 136
district to apply to the Commissioner of Administrative Services for and 137
to accept or reject such grant for the district. Applications for such grants 138
under this chapter shall be made by the superintendent of schools of 139
such town or regional school district on the form provided and in the 140
manner prescribed by the Commissioner of Administrative Services. 141
The application form shall require the superintendent of schools to 142
affirm that the school district considered the maximization of natural 143
light, the use and feasibility of wireless connectivity technology and, on 144
and after July 1, 2014, the school safety infrastructure criteria, developed 145
by the School Safety Infrastructure Council, pursuant to section 10-292r, 146
in projects for new construction and alteration or renovation of a school 147 Substitute Bill No. 5476
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building. The Commissioner of Administrative Services shall review 148
each grant application for a school building project for compliance with 149
educational requirements and on the basis of categories for building 150
projects established by the Commissioner of Administrative Services in 151
accordance with this section. The Commissioner of Education shall 152
evaluate, if appropriate, whether the project will assist the state in 153
meeting its obligations pursuant to the decision in Sheff v. O'Neill, 238 154
Conn. 1 (1996), or any related stipulation or order in effect, as 155
determined by the Commissioner of Education. The Commissioner of 156
Administrative Services shall consult with the Commissioner of 157
Education in reviewing grant applications submitted for purposes of 158
subsection (a) of section 10-65 or section 10-76e on the basis of the 159
educational needs of the applicant. The Commissioner of 160
Administrative Services shall review each grant application for a school 161
building project for compliance with standards for school building 162
projects pursuant to regulations, adopted in accordance with section 10-163
287c, and, on and after July 1, 2014, the school safety infrastructure 164
criteria, developed by the School Safety Infrastructure Council pursuant 165
to section 10-292r. Notwithstanding the provisions of this chapter, the 166
Board of Trustees of the Community-Technical Colleges on behalf of 167
Quinebaug Valley Community College and Three Rivers Community 168
College and the following entities that will operate an interdistrict 169
magnet school that will assist the state in meeting its obligations 170
pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any 171
related stipulation or order in effect, as determined by the 172
Commissioner of Education, may apply for and shall be eligible to 173
receive grants for school building projects pursuant to section 10-264h 174
for such a school: (A) The Board of Trustees of the Community-175
Technical Colleges on behalf of a regional community-technical college, 176
(B) the Board of Trustees of the Connecticut State University System on 177
behalf of a state university, (C) the Board of Trustees for The University 178
of Connecticut on behalf of the university, (D) the board of governors 179
for an independent institution of higher education, as defined in 180
subsection (a) of section 10a-173, or the equivalent of such a board, on 181
behalf of the independent institution of higher education, (E) 182 Substitute Bill No. 5476
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cooperative arrangements pursuant to section 10-158a, and (F) any other 183
third-party not-for-profit corporation approved by the Commissioner of 184
Education. 185
(2) The Commissioner of Administrative Services shall assign each 186
school building project to a category on the basis of whether such project 187
is primarily required to: (A) Create new facilities or alter existing 188
facilities to provide for mandatory instructional programs pursuant to 189
this chapter, for physical education facilities in compliance with Title IX 190
of the Elementary and Secondary Education Act of 1972 where such 191
programs or such compliance cannot be provided within existing 192
facilities or for the correction of code violations which cannot be 193
reasonably addressed within existing program space; (B) create new 194
facilities or alter existing facilities to enhance mandatory instructional 195
programs pursuant to this chapter or provide comparable facilities 196
among schools to all students at the same grade level or levels within 197
the school district unless such project is otherwise explicitly included in 198
another category pursuant to this section; and (C) create new facilities 199
or alter existing facilities to provide supportive services, provided in no 200
event shall such supportive services include swimming pools, 201
auditoriums, outdoor athletic facilities, tennis courts, elementary school 202
playgrounds, site improvement or garages or storage, parking or 203
general recreation areas. All applications submitted prior to July first 204
shall be reviewed promptly by the Commissioner of Administrative 205
Services. The Commissioner of Administrative Services shall estimate 206
the amount of the grant for which such project is eligible, in accordance 207
with the provisions of section 10-285a, provided an application for a 208
school building project determined by the Commissioner of Education 209
to be a project that will assist the state in meeting its obligations 210
pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any 211
related stipulation or order in effect, as determined by the 212
Commissioner of Education, shall have until September first to submit 213
an application for such a project and may have until December first of 214
the same year to secure and report all local and state approvals required 215
to complete the grant application. The Commissioner of Administrative 216 Substitute Bill No. 5476
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Services shall annually prepare a listing of all such eligible school 217
building projects listed by category together with the amount of the 218
estimated grants for such projects and shall submit the same to the 219
Governor, the Secretary of the Office of Policy and Management and the 220
General Assembly on or before the fifteenth day of December, except as 221
provided in section 10-283a, with a request for authorization to enter 222
into grant commitments. On or before December thirty-first annually, 223
the Secretary of the Office of Policy and Management may submit 224
comments and recommendations regarding each eligible project on 225
such listing of eligible school building projects to the school construction 226
committee, established pursuant to section 10-283a. Each such listing 227
shall include a report on the following factors for each eligible project: 228
(i) An enrollment projection and the capacity of the school, (ii) a 229
substantiation of the estimated total project costs, (iii) the readiness of 230
such eligible project to begin construction, (iv) efforts made by the local 231
or regional board of education to redistrict, reconfigure, merge or close 232
schools under the jurisdiction of such board prior to submitting an 233
application under this section, (v) enrollment and capacity information 234
for all of the schools under the jurisdiction of such board for the five 235
years prior to application for a school building project grant, (vi) 236
enrollment projections and capacity information for all of the schools 237
under the jurisdiction of such board for the eight years following the 238
date such application is submitted, and (vii) the state's education 239
priorities relating to reducing racial and economic isolation for the 240
school district. For the period beginning July 1, 2006, and ending June 241
30, 2012, no project, other than a project for a technical education and 242
career school, may appear on the separate schedule of authorized 243
projects which have changed in cost more than twice. On and after July 244
1, 2012, no project, other than a project for a technical education and 245
career school, may appear on the separate schedule of authorized 246
projects which have changed in cost more than once, except the 247
Commissioner of Administrative Services may allow a project to appear 248
on such separate schedule of authorized projects a second time if the 249
town or regional school district for such project can demonstrate that 250
exigent circumstances require such project to appear a second time on 251 Substitute Bill No. 5476
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such separate schedule of authorized projects. Notwithstanding any 252
provision of this chapter, no projects which have changed in scope or 253
cost to the degree determined by the Commissioner of Administrative 254
Services, in consultation with the Commissioner of Education, shall be 255
eligible for reimbursement under this chapter unless it appears on such 256
list. The percentage determined pursuant to section 10-285a at the time 257
a school building project on such schedule was originally authorized 258
shall be used for purposes of the grant for such project. On and after July 259
1, 2006, a project that was not previously authorized as an interdistrict 260
magnet school shall not receive a higher percentage for reimbursement 261
than that determined pursuant to section 10-285a at the time a school 262
building project on such schedule was originally authorized. The 263
General Assembly shall annually authorize the Commissioner of 264
Administrative Services to enter into grant commitments on behalf of 265
the state in accordance with the commissioner's categorized listing for 266
such projects as the General Assembly shall determine. The 267
Commissioner of Administrative Services may not enter into any such 268
grant commitments except pursuant to such legislative authorization. 269
Any regional school district which assumes the responsibility for 270
completion of a public school building project shall be eligible for a 271
grant pursuant to subdivision (5) or (6), as the case may be, of subsection 272
(a) of section 10-286 when such project is completed and accepted by 273
such regional school district. 274
(3) (A) All final calculations completed by the Department of 275
Administrative Services for school building projects shall include a 276
computation of the state grant for the school building project amortized 277
on a straight line basis over a twenty-year period for school building 278
projects with costs equal to or greater than two million dollars and over 279
a ten-year period for school building projects with costs less than two 280
million dollars. Any town or regional school district which abandons, 281
sells, leases, demolishes or otherwise redirects the use of such a school 282
building project to other than a public school use during such 283
amortization period shall refund to the state the unamortized balance of 284
the state grant remaining as of the date the abandonment, sale, lease, 285 Substitute Bill No. 5476
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demolition or redirection occurs. The amortization period for a project 286
shall begin on the date the project was accepted as complete by the local 287
or regional board of education. A town or regional school district 288
required to make a refund to the state pursuant to this subdivision may 289
request forgiveness of such refund if the building is redirected for public 290
use. The Department of Administrative Services shall include as an 291
addendum to the annual school construction priority list all those towns 292
requesting forgiveness. General Assembly approval of the priority list 293
containing such request shall constitute approval of such request. This 294
subdivision shall not apply to projects to correct safety, health and other 295
code violations or to remedy certified school indoor air quality 296
emergencies approved pursuant to subsection (b) of this section or 297
projects subject to the provisions of section 10-285c. 298
(B) If the board of governors for an independent institution of higher 299
education, as defined in subsection (a) of section 10a-173, or the 300
equivalent of such a board, on behalf of the independent institution of 301
higher education, that operates an interdistrict magnet school makes 302
private use of any portion of a school building in which such operator 303
received a school building project grant pursuant to this chapter, such 304
operator shall annually submit a report to the Commissioner of 305
Education that demonstrates that such operator provides an equal to or 306
greater than in-kind or supplemental benefit of such institution's 307
facilities to students enrolled in such interdistrict magnet school that 308
outweighs the private use of such school building. If the commissioner 309
finds that the private use of such school building exceeds the in-kind or 310
supplemental benefit to magnet school students, the commissioner may 311
require such institution to refund to the state the unamortized balance 312
of the state grant. 313
(C) Any moneys refunded to the state pursuant to subparagraphs (A) 314
and (B) of this subdivision shall be deposited in the state's tax-exempt 315
proceeds fund and used not later than sixty days after repayment to pay 316
debt service on, including redemption, defeasance or purchase of, 317
outstanding bonds of the state the interest on which is not included in 318 Substitute Bill No. 5476
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gross income pursuant to Section 103 of the Internal Revenue Code of 319
1986, or any subsequent corresponding internal revenue code of the 320
United States, as from time to time amended. 321
(b) (1) Notwithstanding the application date requirements of this 322
section, at any time within the limit of available grant authorization and 323
within the limit of appropriated funds, the Commissioner of 324
Administrative Services, in consultation with the Commissioner of 325
Education, may approve applications for grants and make payments for 326
such grants, for any of the following reasons: (A) To assist school 327
building projects to remedy damage from fire and catastrophe, (B) to 328
correct safety, health and other code violations, (C) to replace roofs, 329
including the replacement or installation of skylights as part of the roof 330
replacement project, (D) to remedy a certified school indoor air quality 331
emergency, (E) to install insulation for exterior walls and attics, (F) to 332
purchase and install a limited use and limited access elevator, windows, 333
photovoltaic panels, wind generation systems, building management 334
systems, a public school administrative or service facility or portable 335
classroom buildings, provided portable classroom building projects 336
shall not create a new facility or cause an existing facility to be modified 337
so that the portable buildings comprise a substantial percentage of the 338
total facility area, as determined by the commissioner, [or] (G) for school 339
security projects, including, but not limited to, making improvements to 340
existing school security infrastructure or installing new school security 341
infrastructure, or (H) to install, replace or repair a heating, ventilation 342
or air conditioning system. 343
(2) Not later than seven calendar days following the discovery of a 344
reason described in subparagraphs (A) to (F), inclusive, of subdivision 345
(1) of this subsection, the superintendent of schools of a town or regional 346
school district shall notify the Commissioner of Administrative Services 347
in writing of such reason in order to be eligible for a grant under this 348
subsection. Such superintendent shall submit an application to the 349
commissioner not later than six months following such notification in 350
order to receive a grant under this subsection. 351 Substitute Bill No. 5476
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(c) No school building project shall be added to the list prepared by 352
the Commissioner of Administrative Services pursuant to subsection (a) 353
of this section after such list is submitted to the committee of the General 354
Assembly appointed pursuant to section 10-283a unless (1) the project 355
is for a school placed on probation by the New England Association of 356
Schools and Colleges and the project is necessary to preserve 357
accreditation, (2) the project is necessary to replace a school building for 358
which a state agency issued a written notice of its intent to take the 359
school property for public purpose, (3) it is a school building project 360
determined by the Commissioner of Education to be a project that will 361
assist the state in meeting its obligations pursuant to the decision in 362
Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order 363
in effect, as determined by the Commissioner of Education. The 364
provisions of this subsection shall not apply to projects previously 365
authorized by the General Assembly that require special legislation to 366
correct procedural deficiencies. 367
(d) No school building project shall be added to the list prepared by 368
the Commissioner of Administrative Services pursuant to subsection (a) 369
of this section, unless the applicant, prior to submitting an application, 370
has (1) secured funding authorization for the local share of the project 371
costs and such authorization has become effective pursuant to the 372
general statutes and local ordinance or charter, or (2) scheduled and 373
prepared a referendum, if required, the results of which shall be 374
submitted on or before the fifteenth day of November in the year of 375
application. The reimbursement percentage for a project covered by this 376
subsection shall reflect the rates in effect during the fiscal year in which 377
such local funding authorization is secured. 378
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2022 22a-498
Sec. 2 July 1, 2022 10-283
Substitute Bill No. 5476
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Statement of Legislative Commissioners:
In Section 1(c)(1)(C), "the Department of" was deleted for consistency
with standard drafting conventions.
FIN Joint Favorable Subst. -LCO