Connecticut 2022 Regular Session

Connecticut House Bill HB05502 Compare Versions

OldNewDifferences
11
22
3-LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05502-R01-
4-HB.docx
5-1 of 21
63
7-General Assembly Substitute Bill No. 5502
4+LCO No. 3500 1 of 21
5+
6+General Assembly Raised Bill No. 5502
87 February Session, 2022
8+LCO No. 3500
99
10+
11+Referred to Committee on FINANCE, REVENUE AND
12+BONDING
13+
14+
15+Introduced by:
16+(FIN)
1017
1118
1219
1320
1421 AN ACT CONCERNING THE OPERATIONS OF THE STATE
1522 TREASURER AND THE BONDING AUTHORITY OF THE
1623 CONNECTICUT MUNICIPAL REDEVELOPMENT AUTHORITY.
1724 Be it enacted by the Senate and House of Representatives in General
1825 Assembly convened:
1926
2027 Section 1. Section 8-169oo of the general statutes is repealed and the 1
2128 following is substituted in lieu thereof (Effective from passage): 2
2229 (a) The board of directors of the Connecticut Municipal 3
2330 Redevelopment Authority is authorized from time to time to issue its 4
2431 bonds, notes and other obligations in such principal amounts as in the 5
2532 opinion of the board shall be necessary to provide sufficient funds for 6
2633 carrying out the purposes set forth in section 8-169jj, as amended by this 7
2734 act, including the payment, funding or refunding of the principal of, or 8
2835 interest or redemption premiums on, any bonds, notes and other 9
2936 obligations issued by it, whether the bonds, notes or other obligations 10
3037 or interest to be funded or refunded have or have not become due, the 11
3138 establishment of reserves to secure such bonds, notes and other 12
3239 obligations, loans made by the authority and all other expenditures of 13
33-the authority incident to and necessary or convenient to carry out the 14
40+the authority incident to and necessary or convenient to carry out the 14 Raised Bill No. 5502
41+
42+
43+
44+LCO No. 3500 2 of 21
45+
3446 purposes set forth in section 8-169jj, as amended by this act. 15
3547 (b) Every issue of bonds, notes or other obligations shall be a general 16
36-obligation of the authority payable out of any moneys or revenues of the 17 Substitute Bill No. 5502
37-
38-
39-LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05502-R01-
40-HB.docx }
41-2 of 21
42-
48+obligation of the authority payable out of any moneys or revenues of the 17
4349 authority and subject only to any agreements with the holders of 18
4450 particular bonds, notes or other obligations pledging any particular 19
4551 moneys or revenues. Any such bonds, notes or other obligations may be 20
4652 additionally secured by any grant or contributions from any 21
4753 department, agency or instrumentality of the United States or person or 22
4854 a pledge of any moneys, income or revenues of the authority from any 23
4955 source whatsoever. 24
5056 (c) Notwithstanding any other provision of any law, any bonds, notes 25
5157 or other obligations issued by the authority pursuant to this section shall 26
5258 be fully negotiable within the meaning and for all purposes of title 42a. 27
5359 Any such bonds, notes or other obligations shall be legal investments 28
5460 for all trust companies, banks, investment companies, savings banks, 29
5561 building and loan associations, executors, administrators, guardians, 30
5662 conservators, trustees and other fiduciaries and pension, profit-sharing 31
5763 and retirement funds. 32
5864 (d) Bonds, notes or other obligations of the authority shall be 33
5965 authorized by resolution of the board of directors of the authority and 34
6066 may be issued in one or more series and shall bear such date or dates, 35
6167 mature at such time or times, in the case of any such note, or any renewal 36
6268 thereof, not exceeding the term of years as the board shall determine 37
6369 from the date of the original issue of such notes, and, in the case of 38
6470 bonds, not exceeding thirty years from the date thereof, bear interest at 39
6571 such rate or rates, be in such denomination or denominations, be in such 40
6672 form, either coupon or registered, carry such conversion or registration 41
6773 privileges, have such rank or priority, be executed in such manner, be 42
6874 payable from such sources in such medium of payment at such place or 43
6975 places within or without this state, and be subject to such terms of 44
7076 redemption, with or without premium, as such resolution or resolutions 45
71-may provide. 46
77+may provide. 46 Raised Bill No. 5502
78+
79+
80+
81+LCO No. 3500 3 of 21
82+
7283 (e) Bonds, notes or other obligations of the authority may be sold at 47
7384 public or private sale at such price or prices as the board shall determine. 48
74-(f) Bonds, notes or other obligations of the authority may be refunded 49 Substitute Bill No. 5502
75-
76-
77-LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05502-R01-
78-HB.docx }
79-3 of 21
80-
85+(f) Bonds, notes or other obligations of the authority may be refunded 49
8186 and renewed from time to time as may be determined by resolution of 50
8287 the board, provided any such refunding or renewal shall be in 51
8388 conformity with any rights of the holders of such bonds, notes or other 52
8489 obligations. 53
8590 (g) [Except as provided in section 8-169qq, bonds] Bonds, notes or 54
8691 other obligations of the authority issued under the provisions of this 55
8792 section shall not be deemed to constitute a debt or liability of the state 56
8893 or of any political subdivision thereof other than the authority, or a 57
8994 pledge of the faith and credit of the state or of any such political 58
9095 subdivision other than the authority, and shall not constitute bonds or 59
9196 notes issued or guaranteed by the state within the meaning of section 3-60
9297 21, but shall be payable solely from the funds as provided in this section. 61
9398 All such bonds, notes or other obligations shall contain on the face 62
9499 thereof a statement to the effect that, unless otherwise provided by law, 63
95100 neither the state of Connecticut nor any political subdivision thereof 64
96101 other than the authority shall be obligated to pay the same or the interest 65
97102 thereof except from revenues or other funds of the authority and that 66
98103 neither the faith and credit nor the taxing power of the state of 67
99104 Connecticut or of any political subdivision thereof other than the 68
100105 authority is pledged to the payment of the principal of, or the interest 69
101106 on, such bonds, notes or other obligations. 70
102107 (h) Any resolution or resolutions authorizing the issuance of bonds, 71
103108 notes or other obligations may contain provisions, except as limited by 72
104109 existing agreements with the holders of bonds, notes or other 73
105110 obligations, which shall be a part of the contract with the holders 74
106111 thereof, as to the following: (1) The pledging of all or any part of the 75
107112 moneys received by the authority to secure the payment of the principal 76
108113 of and interest on any bonds, notes or other obligations or of any issue 77
109114 thereof; (2) the pledging of all or part of the assets of the authority to 78
110-secure the payment of the principal of and interest on any bonds, notes 79
115+secure the payment of the principal of and interest on any bonds, notes 79 Raised Bill No. 5502
116+
117+
118+
119+LCO No. 3500 4 of 21
120+
111121 or other obligations or of any issue thereof; (3) the establishment of 80
112122 reserves or sinking funds, the making of charges and fees to provide for 81
113-the same, and the regulation and disposition thereof; (4) limitations on 82 Substitute Bill No. 5502
114-
115-
116-LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05502-R01-
117-HB.docx }
118-4 of 21
119-
123+the same, and the regulation and disposition thereof; (4) limitations on 82
120124 the purpose to which the proceeds of sale of bonds, notes or other 83
121125 obligations may be applied and pledging such proceeds to secure the 84
122126 payment of the bonds, notes or other obligations, or of any issues 85
123127 thereof; (5) limitations on the issuance of additional bonds, notes or 86
124128 other obligations, the terms upon which additional bonds, bond 87
125129 anticipation notes or other obligations may be issued and secured, the 88
126130 refunding or purchase of outstanding bonds, notes or other obligations 89
127131 of the authority; (6) the procedure, if any, by which the terms of any 90
128132 contract with the holders of any bonds, notes or other obligations of the 91
129133 authority may be amended or abrogated, the amount of bonds, notes or 92
130134 other obligations the holders of which must consent thereto and the 93
131135 manner in which such consent may be given; (7) limitations on the 94
132136 amount of moneys to be expended by the authority for operating, 95
133137 administrative or other expenses of the authority; (8) the vesting in a 96
134138 trustee or trustees of such property, rights, powers and duties in trust as 97
135139 the authority may determine, which may include any or all of the rights, 98
136140 powers and duties of any trustee appointed by the holders of any bonds, 99
137141 notes or other obligations and limiting or abrogating the right of the 100
138142 holders of any bonds, notes or other obligations of the authority to 101
139143 appoint a trustee or limiting the rights, powers and duties of such 102
140144 trustee; (9) provision for a trust agreement by and between the authority 103
141145 and a corporate trustee which may be any trust company or bank having 104
142146 the powers of a trust company within or without the state, which 105
143147 agreement may provide for the pledging or assigning of any assets or 106
144148 income from assets to which or in which the authority has any rights or 107
145149 interest, and may further provide for such other rights and remedies 108
146150 exercisable by the trustee as may be proper for the protection of the 109
147151 holders of any bonds, notes or other obligations of the authority and not 110
148152 otherwise in violation of law. Such agreement may provide for the 111
149153 restriction of the rights of any individual holder of bonds, notes or other 112
150154 obligations of the authority. All expenses incurred in carrying out the 113
151-provisions of such trust agreement may be treated as a part of the cost 114
155+provisions of such trust agreement may be treated as a part of the cost 114 Raised Bill No. 5502
156+
157+
158+
159+LCO No. 3500 5 of 21
160+
152161 of operation of the authority. The trust agreement may contain any 115
153162 further provisions which are reasonable to delineate further the 116
154-respective rights, duties, safeguards, responsibilities and liabilities of 117 Substitute Bill No. 5502
155-
156-
157-LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05502-R01-
158-HB.docx }
159-5 of 21
160-
163+respective rights, duties, safeguards, responsibilities and liabilities of 117
161164 the authority, individual and collective holders of bonds, notes and 118
162165 other obligations of the authority and the trustees; (10) covenants to do 119
163166 or refrain from doing such acts and things as may be necessary or 120
164167 convenient or desirable in order to better secure any bonds, notes or 121
165168 other obligations of the authority, or which, in the discretion of the 122
166169 authority, will tend to make any bonds, notes or other obligations to be 123
167170 issued more marketable, notwithstanding that such covenants, acts or 124
168171 things may not be enumerated herein; and (11) any other matters of like 125
169172 or different character, which in any way affect the security or protection 126
170173 of the bonds, notes or other obligations. 127
171174 (i) Any pledge made by the authority of income, revenues or other 128
172175 property shall be valid and binding from the time the pledge is made. 129
173176 The income, revenue, such state taxes as the authority shall be entitled 130
174177 to receive or other property so pledged and thereafter received by the 131
175178 authority shall immediately be subject to the lien of such pledge without 132
176179 any physical delivery thereof or further act, and the lien of any such 133
177180 pledge shall be valid and binding as against all parties having claims of 134
178181 any kind in tort, contract or otherwise against the authority, irrespective 135
179182 of whether such parties have notice thereof. 136
180183 (j) The board of directors of the authority is authorized and 137
181184 empowered to obtain from any department, agency or instrumentality 138
182185 of the United States any insurance or guarantee as to, or of or for the 139
183186 payment or repayment of, interest or principal or both, or any part 140
184187 thereof, on any bonds, notes or other obligations issued by the authority 141
185188 pursuant to the provisions of this section and, notwithstanding any 142
186189 other provisions of sections 8-169ii to 8-169ss, inclusive, to enter into any 143
187190 agreement, contract or any other instrument whatsoever with respect to 144
188191 any such insurance or guarantee except to the extent that such action 145
189192 would in any way impair or interfere with the authority's ability to 146
190193 perform and fulfill the terms of any agreement made with the holders 147
191-of the bonds, bond anticipation notes or other obligations of the 148
192-authority. 149
193-[(k) Neither the members of the board of directors of the authority 150 Substitute Bill No. 5502
194+of the bonds, bond anticipation notes or other obligations of the 148 Raised Bill No. 5502
194195
195196
196-LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05502-R01-
197-HB.docx }
198-6 of 21
199197
198+LCO No. 3500 6 of 21
199+
200+authority. 149
201+[(k) Neither the members of the board of directors of the authority 150
200202 nor any person executing bonds, notes or other obligations of the 151
201203 authority issued pursuant to this section shall be liable personally on 152
202204 such bonds, notes or other obligations or be subject to any personal 153
203205 liability or accountability by reason of the issuance thereof, nor shall any 154
204206 director, officer or employee of the authority be personally liable for 155
205207 damage or injury caused in the performance of such director, officer or 156
206208 employee's duties and within the scope of employment or appointment 157
207209 as such director, officer or employee, provided the conduct of such 158
208210 director, officer or employee was found not to have been wanton, 159
209211 reckless, wilful or malicious. The authority shall protect, save harmless 160
210212 and indemnify its directors, officers or employees from financial loss 161
211213 and expense, including legal fees and costs, if any, arising out of any 162
212214 claim, demand, suit or judgment by reason of alleged negligence or 163
213215 alleged deprivation of any person's civil rights or any other act or 164
214216 omission resulting in damage or injury, if the director, officer or 165
215217 employee is found to have been acting in the discharge of his or her 166
216218 duties or within the scope of his or her employment and such act or 167
217219 omission is found not to have been wanton, reckless, wilful or 168
218220 malicious.] 169
219221 [(l)] (k) The board of directors of the authority [shall have power to] 170
220222 may purchase bonds, notes or other obligations of the authority out of 171
221223 any funds available for such purpose. The authority may hold, cancel or 172
222224 resell such bonds, notes or other obligations subject to and in accordance 173
223225 with agreements with holders of its bonds, notes and other obligations. 174
224226 [(m)] (l) All moneys received pursuant to the authority of this section, 175
225227 whether as proceeds from the sale of bonds or as revenues, shall be 176
226228 deemed to be trust funds to be held and applied solely as provided in 177
227229 this section. Any officer with whom, or any bank or trust company with 178
228230 which, such moneys shall be deposited shall act as trustee of such 179
229231 moneys and shall hold and apply the same for the purposes of section 180
230-8-169jj, as amended by this act, and the resolution authorizing the bonds 181
231-of any issue or the trust agreement securing such bonds may provide. 182
232-[(n)] (m) Any holder of bonds, notes or other obligations issued under 183 Substitute Bill No. 5502
232+8-169jj, as amended by this act, and the resolution authorizing the bonds 181 Raised Bill No. 5502
233233
234234
235-LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05502-R01-
236-HB.docx }
237-7 of 21
238235
236+LCO No. 3500 7 of 21
237+
238+of any issue or the trust agreement securing such bonds may provide. 182
239+[(n)] (m) Any holder of bonds, notes or other obligations issued under 183
239240 the provisions of this section, and the trustee or trustees under any trust 184
240241 agreement, except to the extent the rights herein given may be restricted 185
241242 by any resolution authorizing the issuance of or any such trust 186
242243 agreement securing such bonds, may, either at law or in equity, by suit, 187
243244 action, mandamus or other proceeding, protect and enforce any and all 188
244245 rights under the laws of the state or granted under this section or under 189
245246 such resolution or trust agreement and may enforce and compel the 190
246247 performance of all duties required by this section or by such resolution 191
247248 or trust agreement to be performed by the authority or by any officer, 192
248249 employee or agent of the authority, including the fixing, charging and 193
249250 collecting of the rates, rents, fees and charges herein authorized and 194
250251 required by the provisions of such resolution or trust agreement to be 195
251252 fixed, established and collected. 196
252253 [(o)] (n) The authority may make representations and agreements for 197
253254 the benefit of the holders of any bonds, notes or other obligations of the 198
254255 state which are necessary or appropriate to ensure the exclusion from 199
255256 gross income for federal income tax purposes of interest on bonds, notes 200
256257 or other obligations of the state from taxation under the Internal 201
257258 Revenue Code of 1986, or any subsequent corresponding internal 202
258259 revenue code of the United States, as amended from time to time, 203
259260 including agreement to pay rebates to the federal government of 204
260261 investment earnings derived from the investment of the proceeds of the 205
261262 bonds, notes or other obligations of the authority. Any such agreement 206
262263 may include: (1) A covenant to pay rebates to the federal government of 207
263264 investment earnings derived from the investment of the proceeds of the 208
264265 bonds, notes or other obligations of the authority; (2) a covenant that the 209
265266 authority will not limit or alter its rebate obligations until its obligations 210
266267 to the holders or owners of such bonds, notes or other obligations are 211
267268 finally met and discharged; and (3) provisions to (A) establish trust and 212
268269 other accounts which may be appropriate to carry out such 213
269270 representations and agreements, (B) retain fiscal agents as depositories 214
270-for such funds and accounts, and (C) provide that such fiscal agents may 215
271-act as trustee of such funds and accounts. 216 Substitute Bill No. 5502
271+for such funds and accounts, and (C) provide that such fiscal agents may 215 Raised Bill No. 5502
272272
273273
274-LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05502-R01-
275-HB.docx }
276-8 of 21
277274
275+LCO No. 3500 8 of 21
276+
277+act as trustee of such funds and accounts. 216
278278 Sec. 2. Section 8-169qq of the general statutes is repealed and the 217
279279 following is substituted in lieu thereof (Effective from passage): 218
280280 (a) For the purposes of this section, "required minimum capital 219
281281 reserve" means the maximum amount permitted to be deposited in a 220
282282 special capital reserve fund by the Internal Revenue Code of 1986, or 221
283283 any subsequent corresponding internal revenue code of the United 222
284284 States, as amended from time to time, to permit the interest on the bonds 223
285285 of the Connecticut Municipal Redevelopment Authority secured by 224
286286 such special capital reserve fund to be excluded from gross income for 225
287287 federal tax purposes. 226
288288 (b) The authority may, in connection with the issuance of bonds, the 227
289289 refunding of bonds previously issued by the authority or the issuance 228
290290 of bonds to effect a refinancing or other restructuring with respect to one 229
291291 or more projects, establish one or more special capital reserve funds. The 230
292292 authority may pay into such special capital reserve funds (1) any 231
293293 moneys appropriated and made available by the state for the purposes 232
294294 of such special capital reserve funds, (2) any proceeds of the sale of 233
295295 bonds or notes of the authority, to the extent provided in the resolution 234
296296 of said authority authorizing the issuance of such bonds or notes, and 235
297297 (3) any moneys made available to the authority from any other source 236
298298 for the purposes of such special capital reserve funds. The amount of 237
299-bonds of the authority secured by special capital reserve funds shall not 238
300-exceed fifty million dollars in the aggregate. 239
299+bonds secured by special capital reserve funds shall not exceed fifty 238
300+million dollars in the aggregate. 239
301301 (c) (1) Except as otherwise provided in this section, the moneys held 240
302302 in or credited to any special capital reserve fund established under this 241
303303 section shall be used for: 242
304304 (A) The payment of the principal and interest as such payments 243
305305 become due, whether due at maturity or by mandatory sinking fund 244
306306 installments, on bonds of the authority secured by such special capital 245
307-reserve fund; or 246
308-(B) The purchase of such bonds and the payment of any redemption 247 Substitute Bill No. 5502
307+reserve fund; or 246 Raised Bill No. 5502
309308
310309
311-LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05502-R01-
312-HB.docx }
313-9 of 21
314310
311+LCO No. 3500 9 of 21
312+
313+(B) The purchase of such bonds and the payment of any redemption 247
315314 premium required to be paid when such bonds are redeemed prior to 248
316315 maturity, including reimbursement of a provider of bond insurance or 249
317316 of a credit or liquidity facility that has paid such redemption premium. 250
318-(2) The authority may prohibit, except for the purpose of paying the 251
319-principal of and interest and redemption premium on bonds of the 252
320-authority secured by a special capital reserve fund for which other 253
321-moneys of the authority are not available, the withdrawal of moneys in 254
322-any special capital reserve fund in an amount that would result in the 255
323-balance of such special capital reserve fund being less than (A) the 256
324-maximum amount of principal and interest becoming due by reason of 257
325-maturity or a required sinking fund installment on the bonds of the 258
326-authority outstanding in the then current or any succeeding calendar 259
327-year, or (B) the required minimum capital reserve. 260
328-(3) The authority may provide at any time that it shall not issue bonds 261
329-secured by a special capital reserve fund if the required minimum 262
330-capital reserve on the bonds outstanding and the bonds to be issued and 263
331-secured by the same special capital reserve fund at the time of issuance 264
332-exceeds the moneys in the special capital reserve fund, unless the 265
333-authority deposits proceeds from the bonds to be issued or moneys from 266
334-other sources into such special capital reserve fund, in an amount that, 267
335-together with the amount then in such special capital reserve fund, will 268
336-be not less than the required minimum capital reserve. 269
337-(d) (1) (A) Prior to December first, annually, the authority shall 270
338-deposit, for any special capital reserve fund for which the balance is 271
339-below the required minimum capital reserve, the full amount required 272
340-to meet the required minimum capital reserve for such special capital 273
341-reserve fund. Such deposit shall be made from any resources available 274
342-to the authority not otherwise pledged or dedicated to another purpose. 275
343-(B) On or prior to December first, annually, but after the authority has 276
344-made any deposits required under subparagraph (A) of this 277
345-subdivision, there shall be deemed appropriated from the General Fund 278
346-any sums necessary to restore the balance of each such special capital 279 Substitute Bill No. 5502
317+(2) (A) The authority may prohibit the withdrawal of moneys in any 251
318+special capital reserve fund in an amount that would result in the 252
319+balance of such special capital reserve fund being less than (i) the 253
320+maximum amount of principal and interest becoming due by reason of 254
321+maturity or a required sinking fund installment on the bonds of the 255
322+authority outstanding in the then current or any succeeding calendar 256
323+year, or (ii) the required minimum capital reserve. 257
324+(B) Notwithstanding the provisions of subparagraph (A) of this 258
325+subdivision, the authority may withdraw moneys for the purpose of 259
326+paying the principal of and interest and redemption premium on bonds 260
327+of the authority secured by such special capital reserve fund for which 261
328+other moneys of the authority are not available. 262
329+(3) The authority may provide at any time that it shall not issue bonds 263
330+secured by a special capital reserve fund if the required minimum 264
331+capital reserve on the bonds outstanding and the bonds to be issued and 265
332+secured by the same special capital reserve fund at the time of issuance 266
333+exceeds the moneys in the special capital reserve fund, unless the 267
334+authority deposits proceeds from the bonds to be issued or moneys from 268
335+other sources into such special capital reserve fund, in an amount that, 269
336+together with the amount then in such special capital reserve fund, will 270
337+be not less than the required minimum capital reserve. 271
338+(d) (1) Prior to December first, annually, the authority shall deposit, 272
339+for any special capital reserve fund for which the balance is below the 273
340+required minimum capital reserve, the full amount required to meet the 274
341+required minimum capital reserve for such special capital reserve fund. 275
342+Such deposit shall be made from any resources available to the authority 276
343+not otherwise pledged or dedicated to another purpose. For the 277
344+purposes of this subsection, obligations acquired as an investment for 278 Raised Bill No. 5502
347345
348346
349-LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05502-R01-
350-HB.docx }
351-10 of 21
352347
353-reserve fund to the required minimum capital reserve amount. The 280
354-amount of any such sum shall be allotted and paid to the authority upon 281
355-the certification of such sum by the chairperson or vice-chairperson of 282
356-the authority to the Secretary of the Office of Policy and Management, 283
357-the Treasurer and the joint standing committees of the General 284
358-Assembly having cognizance of matters relating to planning and 285
359-development and finance, revenue and bonding. For the purposes of 286
360-this subdivision, obligations acquired as an investment for any special 287
361-capital reserve fund shall be valued at amortized cost. 288
362-(2) Subject to any agreement or agreements with holders of 289
363-outstanding bonds or notes of the authority, any amount allotted and 290
364-paid to the authority pursuant to subdivision (1) of this subsection shall 291
365-be repaid to the state from moneys of the authority, at such time as such 292
366-moneys are not required for any other corporate purposes of the 293
367-authority. Such repayment shall occur not later than one year after the 294
368-date the following liabilities are met and fully discharged by the 295
369-authority: (A) All bonds and notes of the authority that were issued 296
370-before, on or after the date such allotted amount was paid to the 297
371-authority; (B) all interest on such bonds and notes and on any unpaid 298
372-installments of interest; and (C) all costs and expenses incurred in 299
373-connection with any action or proceeding by or on behalf of the holders 300
374-of such bonds or notes. 301
375-(e) (1) The authority shall not issue bonds secured by a special capital 302
376-reserve fund until and unless: 303
377-(A) The authority has determined, and has provided such 304
378-determination to the Secretary of the Office of Policy and Management 305
379-or the secretary's deputy and to the Treasurer or the Deputy Treasurer, 306
380-that the revenues from the project shall be sufficient to (i) pay the 307
381-principal of and interest on the bonds issued to finance the project, (ii) 308
382-establish, increase and maintain any reserves deemed advisable by the 309
383-authority to secure the payment of the principal of and interest on such 310
384-bonds, (iii) pay the cost of maintaining the project in good repair and 311
385-properly insured, and (iv) pay such other costs of the project as may be 312 Substitute Bill No. 5502
348+LCO No. 3500 10 of 21
349+
350+any special capital reserve fund shall be valued at amortized cost. 279
351+(2) On or prior to December first, annually, but after the authority has 280
352+made any deposits required under subdivision (1) of this subsection, 281
353+there shall be deemed appropriated any sums necessary to restore the 282
354+balance of each such special capital reserve fund to the required 283
355+minimum capital reserve amount. The amount of any such sum shall be 284
356+allotted and paid to the authority upon the certification of such sum by 285
357+the chairperson or vice-chairperson of the authority to the Secretary of 286
358+the Office of Policy and Management, the Treasurer and the joint 287
359+standing committees of the General Assembly having cognizance of 288
360+matters relating to planning and development and finance, revenue and 289
361+bonding. 290
362+(3) Subject to any agreement or agreements with holders of 291
363+outstanding bonds or notes of the authority, any amount allotted and 292
364+paid to the authority pursuant to subdivision (2) of this subsection shall 293
365+be repaid to the state from moneys of the authority, at such time as such 294
366+moneys are not required for any other corporate purposes of the 295
367+authority. Such repayment shall occur not later than one year after the 296
368+date the following liabilities are met and fully discharged by the 297
369+authority: (A) All bonds and notes of the authority that were issued 298
370+before, on or after the date such allotted amount was paid to the 299
371+authority; (B) all interest on such bonds and notes and on any unpaid 300
372+installments of interest; and (C) all costs and expenses incurred in 301
373+connection with any action or proceeding by or on behalf of the holders 302
374+of such bonds or notes. 303
375+(e) (1) The authority shall not issue bonds secured by a special capital 304
376+reserve fund until and unless: 305
377+(A) If such bonds are to be issued to pay for project costs, the 306
378+authority has determined, and provided such determination to the 307
379+Secretary of the Office of Policy and Management or the secretary's 308
380+deputy and to the Treasurer or the Deputy Treasurer, that the revenues 309
381+from the project shall be sufficient to (i) pay the principal of and interest 310 Raised Bill No. 5502
386382
387383
388-LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05502-R01-
389-HB.docx }
390-11 of 21
391384
392-required; 313
393-(B) The issuance has been approved by the Secretary of the Office of 314
394-Policy and Management or the secretary's deputy; and 315
395-(C) The authority has provided the documentation required under 316
396-subsection (a) of section 1-124 to the Treasurer or the Deputy Treasurer 317
397-and the issuance has been approved by the Treasurer or the Deputy 318
398-Treasurer pursuant to said subsection. 319
399-(2) The approval by the Secretary of the Office of Policy and 320
400-Management or the secretary's deputy may provide for the waiver or 321
401-modification of the requirements of this section as the secretary deems 322
402-necessary or appropriate to effectuate such issuance, subject to any 323
403-applicable tax covenants of the authority and the state. 324
404-(f) Nothing in this section shall preclude the authority from 325
405-establishing other debt service reserve funds that are not special capital 326
406-reserve funds in connection with the issuance of bonds or notes of the 327
407-authority. 328
408-(g) (1) The provisions of this subsection shall not apply to any 329
409-financial loss and expenses arising out of any claim, demand, suit, 330
410-judgment or legal challenge described in this subsection filed on or after 331
411-the effective date of this section. 332
412-[(a)] (2) The state shall protect, save harmless and indemnify the 333
413-directors, officers and employees of the Connecticut Municipal 334
414-Redevelopment Authority from financial loss and expenses, including 335
415-legal fees and costs, if any, arising out of any claim, demand, suit or 336
416-judgment based upon any alleged act or omission of any such director, 337
417-officer or employee in connection with, or any other legal challenge to, 338
418-authority development projects within a Connecticut Municipal 339
419-Redevelopment Authority development district, provided any such 340
420-director, officer or employee is found to have been acting in the 341
421-discharge of such director, officer or employee's duties or within the 342
422-scope of such director, officer or employee's employment and any such 343 Substitute Bill No. 5502
385+LCO No. 3500 11 of 21
386+
387+on the bonds issued to finance the project, (ii) establish, increase and 311
388+maintain any reserves deemed advisable by the authority to secure the 312
389+payment of the principal of and interest on such bonds, (iii) pay the cost 313
390+of maintaining the project in good repair and properly insured, and (iv) 314
391+pay such other costs of the project as may be required; 315
392+(B) The issuance has been approved by the Secretary of the Office of 316
393+Policy and Management or the secretary's deputy; and 317
394+(C) The authority has provided the documentation required under 318
395+subsection (a) of section 1-124 to the Treasurer or the Deputy Treasurer 319
396+and the issuance has been approved by the Treasurer or the Deputy 320
397+Treasurer pursuant to said subsection. 321
398+(2) The approval by the Secretary of the Office of Policy and 322
399+Management or the secretary's deputy may provide for the waiver or 323
400+modification of the requirements of this section as the secretary deems 324
401+necessary or appropriate to effectuate such issuance, subject to any 325
402+applicable tax covenants of the authority and the state. 326
403+(f) Nothing in this section shall preclude the authority from 327
404+establishing other debt service reserve funds that are not special capital 328
405+reserve funds in connection with the issuance of bonds or notes of the 329
406+authority. 330
407+(g) (1) The provisions of this subsection shall not apply to any 331
408+financial loss and expenses arising out of any claim, demand, suit, 332
409+judgment or legal challenge described in this subsection filed on or after 333
410+the effective date of this section. 334
411+[(a)] (2) The state shall protect, save harmless and indemnify the 335
412+directors, officers and employees of the Connecticut Municipal 336
413+Redevelopment Authority from financial loss and expenses, including 337
414+legal fees and costs, if any, arising out of any claim, demand, suit or 338
415+judgment based upon any alleged act or omission of any such director, 339
416+officer or employee in connection with, or any other legal challenge to, 340
417+authority development projects within a Connecticut Municipal 341 Raised Bill No. 5502
423418
424419
425-LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05502-R01-
426-HB.docx }
427-12 of 21
428420
429-act or omission is found not to have been wanton, reckless, wilful or 344
430-malicious. 345
431-[(b) In the event any bond, note or other obligation of the authority 346
432-cannot be paid by the authority, the state shall assume the liability of 347
433-and make payment on such debt.] 348
434-Sec. 3. (NEW) (Effective from passage) (a) As used in this section, (1) 349
435-"person" means any (A) state officer, (B) state agency, department, board 350
436-or commission, or (C) state employee, or any agent thereof. "Person" 351
437-includes The University of Connecticut Health Care Finance 352
438-Corporation, and (2) "financial obligation" has the same meaning as 353
439-provided in 17 CFR 240.15c2-12, as amended from time to time. 354
440-(b) (1) Before any person incurs any financial obligation of the state 355
441-or enters into any agreement to covenants, events of default, remedies, 356
442-priority rights or other similar terms in connection with a financial 357
443-obligation of the state, where such financial obligation (A) is in excess of 358
444-one million dollars, or (B) encumbers property or rights of the state 359
445-material to the operations of the state, such person shall notify the 360
446-Treasurer of such proposed financial obligation or agreement and 361
447-submit any documents pursuant to which such financial obligation is to 362
448-be incurred or such agreement is to be entered into. No such person shall 363
449-incur any such financial obligation or enter into any such agreement 364
450-until such person has received a written acknowledgment pursuant to 365
451-subdivision (2) of this subsection. 366
452-(2) Upon receipt of such notification and documents, the Treasurer 367
453-shall determine whether the information provided is adequate for the 368
454-Treasurer to timely meet required disclosure obligations under federal 369
455-securities law. The Treasurer may request additional information the 370
456-Treasurer deems necessary to make such determination. Upon the 371
457-Treasurer's satisfaction that adequate information has been provided for 372
458-the Treasurer to timely meet required disclosure obligations under 373
459-federal securities law, the Treasurer or the Treasurer's designee shall 374
460-provide written acknowledgment to the person seeking to incur such 375 Substitute Bill No. 5502
421+LCO No. 3500 12 of 21
422+
423+Redevelopment Authority development district, provided any such 342
424+director, officer or employee is found to have been acting in the 343
425+discharge of such director, officer or employee's duties or within the 344
426+scope of such director, officer or employee's employment and any such 345
427+act or omission is found not to have been wanton, reckless, wilful or 346
428+malicious. 347
429+[(b) In the event any bond, note or other obligation of the authority 348
430+cannot be paid by the authority, the state shall assume the liability of 349
431+and make payment on such debt.] 350
432+Sec. 3. (NEW) (Effective from passage) (a) As used in this section, (1) 351
433+"person" means any (A) state officer, (B) state agency, department, board 352
434+or commission, or (C) state employee, or any agent thereof. "Person" 353
435+includes The University of Connecticut Health Care Finance 354
436+Corporation, and (2) "financial obligation" has the same meaning as 355
437+provided in 17 CFR 240.15c2-12, as amended from time to time. 356
438+(b) Before any person incurs any financial obligation of the state or 357
439+enters into any agreement to covenants, events of default, remedies, 358
440+priority rights or other similar terms in connection with a financial 359
441+obligation of the state, where such financial obligation (1) is in excess of 360
442+one million dollars, or (2) encumbers property or rights of the state 361
443+material to the operations of the state, such person shall notify the 362
444+Treasurer of such proposed financial obligation or agreement and 363
445+submit any documents pursuant to which such financial obligation or 364
446+agreement is to be incurred or entered into. Upon receipt of such 365
447+notification and documents, the Treasurer shall determine whether the 366
448+information provided is adequate for the Treasurer to timely meet 367
449+required disclosure obligations under federal securities law. The 368
450+Treasurer may request additional information the Treasurer deems 369
451+necessary to make such determination. Upon the Treasurer's satisfaction 370
452+that adequate information has been provided for the Treasurer to timely 371
453+meet required disclosure obligations under federal securities law, the 372
454+Treasurer or the Treasurer's designee shall provide written 373
455+acknowledgment to the person seeking to incur such financial 374 Raised Bill No. 5502
461456
462457
463-LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05502-R01-
464-HB.docx }
465-13 of 21
466458
467-financial obligation or enter into such agreement. The Treasurer may 376
468-establish, and revise from time to time, exemptions from such 377
469-notification and submission requirements as the Treasurer determines 378
470-are consistent with the state's disclosure obligations under federal 379
471-securities law. 380
472-Sec. 4. Subsection (x) of section 3-20 of the general statutes is repealed 381
473-and the following is substituted in lieu thereof (Effective July 1, 2022): 382
474-(x) Notwithstanding any provision of the general statutes, public acts 383
475-or special acts, [upon] any sale, lease or other disposition to or use by a 384
476-nongovernmental entity of all or a portion of any project financed with 385
477-proceeds of bonds of the state the interest on which is not included in 386
478-gross income pursuant to Section 103 of the Internal Revenue Code of 387
479-1986, or any subsequent corresponding internal revenue code of the 388
480-United States, as amended from time to time, [amended,] that would 389
481-otherwise cause such bonds to be treated as private activity bonds 390
482-within the meaning of Section 141 of said internal revenue code [, the] 391
483-shall be subject to the prior approval of the Treasurer. The Treasurer is 392
484-authorized to transfer all or a portion of the proceeds received with 393
485-respect to and at the time of such disposition or use, in an amount not 394
486-less than the amount required by said internal revenue code to preserve 395
487-the exclusion from gross income of interest on such bonds, (1) to the 396
488-General Fund to pay debt service on, including redemption, defeasance 397
489-or purchase of, outstanding bonds of the state the interest on which is 398
490-not included in gross income pursuant to Section 103 of said internal 399
491-revenue code, (2) with the approval of the State Bond Commission, in 400
492-lieu of the issuance of bonds, to the appropriate account or fund for any 401
493-projects or purposes authorized by the State Bond Commission 402
494-pursuant to a bond act and with the same force and effect as bond 403
495-proceeds, thereby reducing the authority to issue bonds by such dollar 404
496-amount, provided in any event that any such transfer does not cause the 405
497-interest on the subject bonds to become included in gross income 406
498-pursuant to Section 103 of said internal revenue code. 407
499-Sec. 5. Subsection (a) of section 3-37 of the general statutes is repealed 408 Substitute Bill No. 5502
459+LCO No. 3500 13 of 21
460+
461+obligation or enter into such agreement. The Treasurer may establish, 375
462+and revise from time to time, exemptions from such notification and 376
463+submission requirements as the Treasurer determines are consistent 377
464+with the state's disclosure obligations under federal securities law. 378
465+Sec. 4. Subsection (x) of section 3-20 of the general statutes is repealed 379
466+and the following is substituted in lieu thereof (Effective July 1, 2022): 380
467+(x) Notwithstanding any provision of the general statutes, public acts 381
468+or special acts, [upon] any sale, lease or other disposition to or use by a 382
469+nongovernmental entity of all or a portion of any project financed with 383
470+proceeds of bonds of the state the interest on which is not included in 384
471+gross income pursuant to Section 103 of the Internal Revenue Code of 385
472+1986, or any subsequent corresponding internal revenue code of the 386
473+United States, as amended from time to time, [amended,] that would 387
474+otherwise cause such bonds to be treated as private activity bonds 388
475+within the meaning of Section 141 of said internal revenue code [, the] 389
476+shall be subject to the prior approval of the Treasurer. The Treasurer is 390
477+authorized to transfer all or a portion of the proceeds received with 391
478+respect to and at the time of such disposition or use, in an amount not 392
479+less than the amount required by said internal revenue code to preserve 393
480+the exclusion from gross income of interest on such bonds, (1) to the 394
481+General Fund to pay debt service on, including redemption, defeasance 395
482+or purchase of, outstanding bonds of the state the interest on which is 396
483+not included in gross income pursuant to Section 103 of said internal 397
484+revenue code, (2) with the approval of the State Bond Commission, in 398
485+lieu of the issuance of bonds, to the appropriate account or fund for any 399
486+projects or purposes authorized by the State Bond Commission 400
487+pursuant to a bond act and with the same force and effect as bond 401
488+proceeds, thereby reducing the authority to issue bonds by such dollar 402
489+amount, provided in any event that any such transfer does not cause the 403
490+interest on the subject bonds to become included in gross income 404
491+pursuant to Section 103 of said internal revenue code. 405
492+Sec. 5. Subsection (a) of section 3-37 of the general statutes is repealed 406
493+and the following is substituted in lieu thereof (Effective July 1, 2022): 407 Raised Bill No. 5502
500494
501495
502-LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05502-R01-
503-HB.docx }
504-14 of 21
505496
506-and the following is substituted in lieu thereof (Effective July 1, 2022): 409
507-(a) The Treasurer shall, annually, on or before December thirty-first, 410
508-submit a final audited report to the Governor and a copy of such report 411
509-to the Investment Advisory Council, which shall include the following 412
510-information concerning the activities of the office of the State Treasurer 413
511-for the immediately preceding fiscal year ending June thirtieth: (1) 414
512-Complete financial statements and accompanying footnotes for the 415
513-combined investment funds prepared in accordance with generally 416
514-accepted accounting principles, which financial statements shall be 417
515-audited in accordance with generally accepted auditing standards and 418
516-supplementary schedules depicting the interests of the component 419
517-retirement plans and trust funds; (2) complete financial statements and 420
518-accompanying footnotes for the Short Term Investment Fund prepared 421
519-in accordance with generally accepted accounting principles and 422
520-supplementary schedules listing all assets held by the Short Term 423
521-Investment Fund; (3) a discussion and review of the performance of the 424
522-combined investment funds and Short Term Investment Fund for such 425
523-fiscal year in accordance with recognized and appropriate performance 426
524-presentation and disclosure, including an analysis of the return earned 427
525-by the portfolio and each combined investment fund as well as the risk 428
526-profile of the portfolio and each combined investment fund according 429
527-to investment industry standards; (4) the activities and transactions in 430
528-such reasonable detail as is appropriate of the cash management 431
529-division including information on the state's cash receipts and 432
530-disbursements for the fiscal year, and the debt management division; 433
531-[including the financial statements of the tax-exempt proceeds fund 434
532-prepared in accordance with generally accepted accounting principles;] 435
533-(5) financial statements and accompanying footnotes as well as a 436
534-summary of operating results for the Second Injury Fund for such fiscal 437
535-year; (6) a financial summary and report on the activities of the state's 438
536-unclaimed property program for such fiscal year; (7) a listing of the 439
537-companies from which state funds were divested based upon such 440
538-companies' business in Sudan, pursuant to the provisions of section 3-441
539-21e, and any companies identified by the Treasurer as companies from 442 Substitute Bill No. 5502
497+LCO No. 3500 14 of 21
498+
499+(a) The Treasurer shall, annually, on or before December thirty-first, 408
500+submit a final audited report to the Governor and a copy of such report 409
501+to the Investment Advisory Council, which shall include the following 410
502+information concerning the activities of the office of the State Treasurer 411
503+for the immediately preceding fiscal year ending June thirtieth: (1) 412
504+Complete financial statements and accompanying footnotes for the 413
505+combined investment funds prepared in accordance with generally 414
506+accepted accounting principles, which financial statements shall be 415
507+audited in accordance with generally accepted auditing standards and 416
508+supplementary schedules depicting the interests of the component 417
509+retirement plans and trust funds; (2) complete financial statements and 418
510+accompanying footnotes for the Short Term Investment Fund prepared 419
511+in accordance with generally accepted accounting principles and 420
512+supplementary schedules listing all assets held by the Short Term 421
513+Investment Fund; (3) a discussion and review of the performance of the 422
514+combined investment funds and Short Term Investment Fund for such 423
515+fiscal year in accordance with recognized and appropriate performance 424
516+presentation and disclosure, including an analysis of the return earned 425
517+by the portfolio and each combined investment fund as well as the risk 426
518+profile of the portfolio and each combined investment fund according 427
519+to investment industry standards; (4) the activities and transactions in 428
520+such reasonable detail as is appropriate of the cash management 429
521+division including information on the state's cash receipts and 430
522+disbursements for the fiscal year, and the debt management division; 431
523+[including the financial statements of the tax-exempt proceeds fund 432
524+prepared in accordance with generally accepted accounting principles;] 433
525+(5) financial statements and accompanying footnotes as well as a 434
526+summary of operating results for the Second Injury Fund for such fiscal 435
527+year; (6) a financial summary and report on the activities of the state's 436
528+unclaimed property program for such fiscal year; (7) a listing of the 437
529+companies from which state funds were divested based upon such 438
530+companies' business in Sudan, pursuant to the provisions of section 3-439
531+21e, and any companies identified by the Treasurer as companies from 440
532+which investment of state funds has been declared impermissible by the 441
533+Treasurer, pursuant to the provisions of section 3-21e; and (8) such other 442 Raised Bill No. 5502
540534
541535
542-LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05502-R01-
543-HB.docx }
544-15 of 21
545536
546-which investment of state funds has been declared impermissible by the 443
547-Treasurer, pursuant to the provisions of section 3-21e; and (8) such other 444
548-information as the Treasurer deems of interest to the public. 445
549-Sec. 6. Subsection (q) of section 3-62h of the general statutes is 446
550-repealed and the following is substituted in lieu thereof (Effective July 1, 447
551-2022): 448
552-(q) Any moneys held by the Treasurer or by a trustee pursuant to an 449
553-indenture of trust with respect to abandoned property fund bonds 450
554-including pledged revenues, other pledged receipts, funds or moneys 451
555-and proceeds from the sale of such abandoned property fund bonds, 452
556-may, pending the use or application of the proceeds thereof for an 453
557-authorized purpose, be (1) invested and reinvested in such obligations, 454
558-securities and investments as are set forth in subsection (f) of section 3-455
559-20 [,] and in participation certificates in the Short Term Investment 456
560-Funds created under sections 3-27a and 3-27f, [and in participation 457
561-certificates or securities of the Tax-Exempt Proceeds Fund created under 458
562-section 3-24a] or (2) deposited or redeposited in such bank or banks as 459
563-shall be provided in the proceedings. Unless the proceedings provide 460
564-otherwise, proceeds from investments authorized by this subsection, 461
565-less amounts required under the proceedings authorizing the issuance 462
566-of abandoned property fund bonds for the payment of Specia l 463
567-Abandoned Property Fund financing costs relating to such abandoned 464
568-property fund bonds, shall be credited to the Special Abandoned 465
569-Property Fund. 466
570-Sec. 7. Subsection (d) of section 7-406n of the general statutes is 467
571-repealed and the following is substituted in lieu thereof (Effective July 1, 468
572-2022): 469
573-(d) Any moneys held by the Treasurer or by a trustee pursuant to an 470
574-indenture of trust with respect to municipal pension solvency account 471
575-bonds including pledged revenues, other pledged receipts, funds or 472
576-moneys and proceeds from the sale of such municipal pension solvency 473
577-account bonds, may, pending the use or application of such proceeds 474 Substitute Bill No. 5502
537+LCO No. 3500 15 of 21
538+
539+information as the Treasurer deems of interest to the public. 443
540+Sec. 6. Subsection (q) of section 3-62h of the general statutes is 444
541+repealed and the following is substituted in lieu thereof (Effective July 1, 445
542+2022): 446
543+(q) Any moneys held by the Treasurer or by a trustee pursuant to an 447
544+indenture of trust with respect to abandoned property fund bonds 448
545+including pledged revenues, other pledged receipts, funds or moneys 449
546+and proceeds from the sale of such abandoned property fund bonds, 450
547+may, pending the use or application of the proceeds thereof for an 451
548+authorized purpose, be (1) invested and reinvested in such obligations, 452
549+securities and investments as are set forth in subsection (f) of section 3-453
550+20 [,] and in participation certificates in the Short Term Investment 454
551+Funds created under sections 3-27a and 3-27f, [and in participation 455
552+certificates or securities of the Tax-Exempt Proceeds Fund created under 456
553+section 3-24a] or (2) deposited or redeposited in such bank or banks as 457
554+shall be provided in the proceedings. Unless the proceedings provide 458
555+otherwise, proceeds from investments authorized by this subsection, 459
556+less amounts required under the proceedings authorizing the issuance 460
557+of abandoned property fund bonds for the payment of Special 461
558+Abandoned Property Fund financing costs relating to such abandoned 462
559+property fund bonds, shall be credited to the Special Abandoned 463
560+Property Fund. 464
561+Sec. 7. Subsection (d) of section 7-406n of the general statutes is 465
562+repealed and the following is substituted in lieu thereof (Effective July 1, 466
563+2022): 467
564+(d) Any moneys held by the Treasurer or by a trustee pursuant to an 468
565+indenture of trust with respect to municipal pension solvency account 469
566+bonds including pledged revenues, other pledged receipts, funds or 470
567+moneys and proceeds from the sale of such municipal pension solvency 471
568+account bonds, may, pending the use or application of such proceeds 472
569+for an authorized purpose, be (1) invested and reinvested in such 473
570+obligations, securities and investments as are set forth in subsection (f) 474 Raised Bill No. 5502
578571
579572
580-LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05502-R01-
581-HB.docx }
582-16 of 21
583573
584-for an authorized purpose, be (1) invested and reinvested in such 475
585-obligations, securities and investments as are set forth in subsection (f) 476
586-of section 3-20 [,] and in participation certificates in the Short Term 477
587-Investment Funds created under sections 3-27a and 3-27f, [and in 478
588-participation certificates or securities of the Tax-Exempt Proceeds Fund 479
589-created under section 3-24a,] or (2) deposited or redeposited in such 480
590-bank or banks as shall be provided in the proceedings authorizing the 481
591-issuance of municipal pension solvency account bonds. Unless the 482
592-proceedings provide otherwise, proceeds from investments authorized 483
593-by this subsection, less amounts required under the proceedings for the 484
594-payment of municipal pension solvency loan costs relating to such 485
595-municipal pension solvency account bonds, shall be credited to the 486
596-municipal pension solvency account. 487
597-Sec. 8. Subdivision (9) of subsection (b) of section 8-169jj of the general 488
598-statutes is repealed and the following is substituted in lieu thereof 489
599-(Effective July 1, 2022): 490
600-(9) Invest any funds not needed for immediate use or disbursement 491
601-in obligations issued or guaranteed by the United States or the state, 492
602-including the Short Term Investment Fund, [and the Tax-Exempt 493
603-Proceeds Fund,] and in other obligations that are legal investments for 494
604-savings banks in this state, and in-time deposits or certificates of deposit 495
605-or other similar banking arrangements secured in such manner as the 496
606-authority determines; 497
607-Sec. 9. Subsection (b) of section 8-336o of the general statutes is 498
608-repealed and the following is substituted in lieu thereof (Effective July 1, 499
609-2022): 500
610-(b) Any moneys held in the Housing Trust Fund may, pending the 501
611-use or application of the proceeds thereof for an authorized purpose, be 502
612-(1) invested and reinvested in such obligations, securities and 503
613-investments as are set forth in subsection (f) of section 3-20 [,] and in 504
614-participation certificates in the Short Term Investment Fund created 505
615-under sections 3-27a and 3-27f, [and in participation certificates or 506 Substitute Bill No. 5502
574+LCO No. 3500 16 of 21
575+
576+of section 3-20 [,] and in participation certificates in the Short Term 475
577+Investment Funds created under sections 3-27a and 3-27f, [and in 476
578+participation certificates or securities of the Tax-Exempt Proceeds Fund 477
579+created under section 3-24a,] or (2) deposited or redeposited in such 478
580+bank or banks as shall be provided in the proceedings authorizing the 479
581+issuance of municipal pension solvency account bonds. Unless the 480
582+proceedings provide otherwise, proceeds from investments authorized 481
583+by this subsection, less amounts required under the proceedings for the 482
584+payment of municipal pension solvency loan costs relating to such 483
585+municipal pension solvency account bonds, shall be credited to the 484
586+municipal pension solvency account. 485
587+Sec. 8. Subdivision (9) of subsection (b) of section 8-169jj of the general 486
588+statutes is repealed and the following is substituted in lieu thereof 487
589+(Effective July 1, 2022): 488
590+(9) Invest any funds not needed for immediate use or disbursement 489
591+in obligations issued or guaranteed by the United States or the state, 490
592+including the Short Term Investment Fund, [and the Tax-Exempt 491
593+Proceeds Fund,] and in other obligations that are legal investments for 492
594+savings banks in this state, and in-time deposits or certificates of deposit 493
595+or other similar banking arrangements secured in such manner as the 494
596+authority determines; 495
597+Sec. 9. Subsection (b) of section 8-336o of the general statutes is 496
598+repealed and the following is substituted in lieu thereof (Effective July 1, 497
599+2022): 498
600+(b) Any moneys held in the Housing Trust Fund may, pending the 499
601+use or application of the proceeds thereof for an authorized purpose, be 500
602+(1) invested and reinvested in such obligations, securities and 501
603+investments as are set forth in subsection (f) of section 3-20 [,] and in 502
604+participation certificates in the Short Term Investment Fund created 503
605+under sections 3-27a and 3-27f, [and in participation certificates or 504
606+securities of the Tax-Exempt Proceeds Fund created under section 3-505
607+24a,] (2) deposited or redeposited in such bank or banks at the direction 506 Raised Bill No. 5502
616608
617609
618-LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05502-R01-
619-HB.docx }
620-17 of 21
621610
622-securities of the Tax-Exempt Proceeds Fund created under section 3-507
623-24a,] (2) deposited or redeposited in such bank or banks at the direction 508
624-of the Treasurer, or (3) invested in participation units in the combined 509
625-investment funds, as defined in section 3-31b. Unless otherwise 510
626-provided pursuant to subsection (c) of this section, proceeds from 511
627-investments authorized by this subsection shall be credited to the 512
628-Housing Trust Fund. 513
629-Sec. 10. Subdivision (3) of subsection (a) of section 10-283 of the 2022 514
630-supplement to the general statutes is repealed and the following is 515
631-substituted in lieu thereof (Effective July 1, 2022): 516
632-(3) (A) All final calculations completed by the Department of 517
633-Administrative Services for school building projects shall include a 518
634-computation of the state grant for the school building project amortized 519
635-on a straight line basis over a twenty-year period for school building 520
636-projects with costs equal to or greater than two million dollars and over 521
637-a ten-year period for school building projects with costs less than two 522
638-million dollars. Any town or regional school district which abandons, 523
639-sells, leases, demolishes or otherwise redirects the use of such a school 524
640-building project to other than a public school use during such 525
641-amortization period shall refund to the state the unamortized balance of 526
642-the state grant remaining as of the date the abandonment, sale, lease, 527
643-demolition or redirection occurs. The amortization period for a project 528
644-shall begin on the date the project was accepted as complete by the local 529
645-or regional board of education. A town or regional school district 530
646-required to make a refund to the state pursuant to this subdivision may 531
647-request forgiveness of such refund if the building is redirected for public 532
648-use. The Department of Administrative Services shall include as an 533
649-addendum to the annual school construction priority list all those towns 534
650-requesting forgiveness. General Assembly approval of the priority list 535
651-containing such request shall constitute approval of such request. This 536
652-subdivision shall not apply to projects to correct safety, health and other 537
653-code violations or to remedy certified school indoor air quality 538
654-emergencies approved pursuant to subsection (b) of this section or 539 Substitute Bill No. 5502
611+LCO No. 3500 17 of 21
612+
613+of the Treasurer, or (3) invested in participation units in the combined 507
614+investment funds, as defined in section 3-31b. Unless otherwise 508
615+provided pursuant to subsection (c) of this section, proceeds from 509
616+investments authorized by this subsection shall be credited to the 510
617+Housing Trust Fund. 511
618+Sec. 10. Subdivision (3) of subsection (a) of section 10-283 of the 2022 512
619+supplement to the general statutes is repealed and the following is 513
620+substituted in lieu thereof (Effective July 1, 2022): 514
621+(3) (A) All final calculations completed by the Department of 515
622+Administrative Services for school building projects shall include a 516
623+computation of the state grant for the school building project amortized 517
624+on a straight line basis over a twenty-year period for school building 518
625+projects with costs equal to or greater than two million dollars and over 519
626+a ten-year period for school building projects with costs less than two 520
627+million dollars. Any town or regional school district which abandons, 521
628+sells, leases, demolishes or otherwise redirects the use of such a school 522
629+building project to other than a public school use during such 523
630+amortization period shall refund to the state the unamortized balance of 524
631+the state grant remaining as of the date the abandonment, sale, lease, 525
632+demolition or redirection occurs. The amortization period for a project 526
633+shall begin on the date the project was accepted as complete by the local 527
634+or regional board of education. A town or regional school district 528
635+required to make a refund to the state pursuant to this subdivision may 529
636+request forgiveness of such refund if the building is redirected for public 530
637+use. The Department of Administrative Services shall include as an 531
638+addendum to the annual school construction priority list all those towns 532
639+requesting forgiveness. General Assembly approval of the priority list 533
640+containing such request shall constitute approval of such request. This 534
641+subdivision shall not apply to projects to correct safety, health and other 535
642+code violations or to remedy certified school indoor air quality 536
643+emergencies approved pursuant to subsection (b) of this section or 537
644+projects subject to the provisions of section 10-285c. 538
645+(B) If the board of governors for an independent institution of higher 539 Raised Bill No. 5502
655646
656647
657-LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05502-R01-
658-HB.docx }
659-18 of 21
660648
661-projects subject to the provisions of section 10-285c. 540
662-(B) If the board of governors for an independent institution of higher 541
663-education, as defined in subsection (a) of section 10a-173, or the 542
664-equivalent of such a board, on behalf of the independent institution of 543
665-higher education, that operates an interdistrict magnet school makes 544
666-private use of any portion of a school building in which such operator 545
667-received a school building project grant pursuant to this chapter, such 546
668-operator shall annually submit a report to the Commissioner of 547
669-Education that demonstrates that such operator provides an equal to or 548
670-greater than in-kind or supplemental benefit of such institution's 549
671-facilities to students enrolled in such interdistrict magnet school that 550
672-outweighs the private use of such school building. If the commissioner 551
673-finds that the private use of such school building exceeds the in-kind or 552
674-supplemental benefit to magnet school students, the commissioner may 553
675-require such institution to refund to the state the unamortized balance 554
676-of the state grant. 555
677-[(C) Any moneys refunded to the state pursuant to subparagraphs 556
678-(A) and (B) of this subdivision shall be deposited in the state's tax-557
679-exempt proceeds fund and used not later than sixty days after 558
680-repayment to pay debt service on, including redemption, defeasance or 559
681-purchase of, outstanding bonds of the state the interest on which is not 560
682-included in gross income pursuant to Section 103 of the Internal 561
683-Revenue Code of 1986, or any subsequent corresponding internal 562
684-revenue code of the United States, as from time to time amended.] 563
685-Sec. 11. Subsection (b) of section 22a-260a of the general statutes is 564
686-repealed and the following is substituted in lieu thereof (Effective July 1, 565
687-2022): 566
688-(b) Wherever the words "Connecticut Resources Recovery Authority" 567
689-are used in any public or special act of 2014 or in the following sections 568
690-of the general statutes, the words "Materials Innovation and Recycling 569
691-Authority" shall be substituted in lieu thereof: 1-79, 1-120, 1-124, 1-125, 570
692-[3-24d, 3-24f,] 7-329a, 12-412, 12-459, 16-1, 16-245, 16-245b, 22a-208a, 22a-571 Substitute Bill No. 5502
649+LCO No. 3500 18 of 21
650+
651+education, as defined in subsection (a) of section 10a-173, or the 540
652+equivalent of such a board, on behalf of the independent institution of 541
653+higher education, that operates an interdistrict magnet school makes 542
654+private use of any portion of a school building in which such operator 543
655+received a school building project grant pursuant to this chapter, such 544
656+operator shall annually submit a report to the Commissioner of 545
657+Education that demonstrates that such operator provides an equal to or 546
658+greater than in-kind or supplemental benefit of such institution's 547
659+facilities to students enrolled in such interdistrict magnet school that 548
660+outweighs the private use of such school building. If the commissioner 549
661+finds that the private use of such school building exceeds the in-kind or 550
662+supplemental benefit to magnet school students, the commissioner may 551
663+require such institution to refund to the state the unamortized balance 552
664+of the state grant. 553
665+[(C) Any moneys refunded to the state pursuant to subparagraphs 554
666+(A) and (B) of this subdivision shall be deposited in the state's tax-555
667+exempt proceeds fund and used not later than sixty days after 556
668+repayment to pay debt service on, including redemption, defeasance or 557
669+purchase of, outstanding bonds of the state the interest on which is not 558
670+included in gross income pursuant to Section 103 of the Internal 559
671+Revenue Code of 1986, or any subsequent corresponding internal 560
672+revenue code of the United States, as from time to time amended.] 561
673+Sec. 11. Subsection (b) of section 22a-260a of the general statutes is 562
674+repealed and the following is substituted in lieu thereof (Effective July 1, 563
675+2022): 564
676+(b) Wherever the words "Connecticut Resources Recovery Authority" 565
677+are used in any public or special act of 2014 or in the following sections 566
678+of the general statutes, the words "Materials Innovation and Recycling 567
679+Authority" shall be substituted in lieu thereof: 1-79, 1-120, 1-124, 1-125, 568
680+[3-24d, 3-24f,] 7-329a, 12-412, 12-459, 16-1, 16-245, 16-245b, 22a-208a, 22a-569
681+208v, 22a-209h, 22a-219b, 22a-220, 22a-241, 22a-260, 22a-261, 22a-263a, 570
682+22a-263b, 22a-268a, 22a-268b, 22a-270a, 22a-272a, 22a-282, 22a-283, 22a-571
683+284, 32-1e and 32-658. 572 Raised Bill No. 5502
693684
694685
695-LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05502-R01-
696-HB.docx }
697-19 of 21
698686
699-208v, 22a-209h, 22a-219b, 22a-220, 22a-241, 22a-260, 22a-261, 22a-263a, 572
700-22a-263b, 22a-268a, 22a-268b, 22a-270a, 22a-272a, 22a-282, 22a-283, 22a-573
701-284, 32-1e and 32-658. 574
702-Sec. 12. Subsection (b) of section 32-7o of the general statutes is 575
703-repealed and the following is substituted in lieu thereof (Effective July 1, 576
704-2022): 577
705-(b) Any moneys held in the Connecticut Manufacturing Innovation 578
706-Fund may, pending the use or application of the proceeds thereof for an 579
707-authorized purpose, be (1) invested and reinvested in such obligations, 580
708-securities and investments as are set forth in subsection (f) of section 3-581
709-20 [,] and in participation certificates in the Short Term Investment Fund 582
710-created under sections 3-27a and 3-27f, [and in participation certificates 583
711-or securities of the Tax-Exempt Proceeds Fund created under section 3-584
712-24a,] (2) deposited or redeposited in any bank or banks, at the direction 585
713-of the Treasurer, or (3) invested in participation units in the combined 586
714-investment funds, as defined in section 3-31b. Proceeds from 587
715-investments authorized by this subsection shall be credited to the 588
716-Connecticut Manufacturing Innovation Fund. 589
717-Sec. 13. Subdivision (1) of subsection (a) of section 32-11f of the 590
718-general statutes is repealed and the following is substituted in lieu 591
719-thereof (Effective July 1, 2022): 592
720-(a) (1) Wherever the term "Connecticut Development Authority" is 593
721-used in the following sections of the general statutes, the term 594
722-"Connecticut Innovations, Incorporated" shall be substituted in lieu 595
723-thereof: [3-24d, 3-24f,] 3-99d, 8-134, 8-134a, 8-192, 8-192a, 8-240m, 13b-596
724-79w, 16-243v, 22a-134, 22a-173, 22a-259, 22a-264, 25-33a, 32-1l, 32-3, 32-597
725-4l, 32-6j, 32-9c, 32-9n, 32-9qq, 32-22b, 32-23l, 32-23o, 32-23q, 32-23r, 32-598
726-23s, 32-23t, 32-23v, 32-23x, 32-23z, 32-23aa, 32-23qq, 32-23ss, 32-23tt, 32-599
727-31a, 32-61, 32-68a, 32-141, 32-222, 32-223, 32-227, 32-244, 32-244a, 32-262, 600
728-32-263, 32-265, 32-266, 32-285, 32-341, 32-477, 32-500, 32-503, 32-609, 32-601
729-761, 32-763 and 32-768. 602 Substitute Bill No. 5502
687+LCO No. 3500 19 of 21
688+
689+Sec. 12. Subsection (b) of section 32-7o of the general statutes is 573
690+repealed and the following is substituted in lieu thereof (Effective July 1, 574
691+2022): 575
692+(b) Any moneys held in the Connecticut Manufacturing Innovation 576
693+Fund may, pending the use or application of the proceeds thereof for an 577
694+authorized purpose, be (1) invested and reinvested in such obligations, 578
695+securities and investments as are set forth in subsection (f) of section 3-579
696+20 [,] and in participation certificates in the Short Term Investment Fund 580
697+created under sections 3-27a and 3-27f, [and in participation certificates 581
698+or securities of the Tax-Exempt Proceeds Fund created under section 3-582
699+24a,] (2) deposited or redeposited in any bank or banks, at the direction 583
700+of the Treasurer, or (3) invested in participation units in the combined 584
701+investment funds, as defined in section 3-31b. Proceeds from 585
702+investments authorized by this subsection shall be credited to the 586
703+Connecticut Manufacturing Innovation Fund. 587
704+Sec. 13. Subdivision (1) of subsection (a) of section 32-11f of the 588
705+general statutes is repealed and the following is substituted in lieu 589
706+thereof (Effective July 1, 2022): 590
707+(a) (1) Wherever the term "Connecticut Development Authority" is 591
708+used in the following sections of the general statutes, the term 592
709+"Connecticut Innovations, Incorporated" shall be substituted in lieu 593
710+thereof: [3-24d, 3-24f,] 3-99d, 8-134, 8-134a, 8-192, 8-192a, 8-240m, 13b-594
711+79w, 16-243v, 22a-134, 22a-173, 22a-259, 22a-264, 25-33a, 32-1l, 32-3, 32-595
712+4l, 32-6j, 32-9c, 32-9n, 32-9qq, 32-22b, 32-23l, 32-23o, 32-23q, 32-23r, 32-596
713+23s, 32-23t, 32-23v, 32-23x, 32-23z, 32-23aa, 32-23qq, 32-23ss, 32-23tt, 32-597
714+31a, 32-61, 32-68a, 32-141, 32-222, 32-223, 32-227, 32-244, 32-244a, 32-262, 598
715+32-263, 32-265, 32-266, 32-285, 32-341, 32-477, 32-500, 32-503, 32-609, 32-599
716+761, 32-763 and 32-768. 600
717+Sec. 14. Subsection (b) of section 32-602 of the general statutes is 601
718+repealed and the following is substituted in lieu thereof (Effective July 1, 602
719+2022): 603
720+(b) For these purposes, the authority shall have the following powers: 604 Raised Bill No. 5502
730721
731722
732-LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05502-R01-
733-HB.docx }
734-20 of 21
735723
736-Sec. 14. Subsection (b) of section 32-602 of the general statutes is 603
737-repealed and the following is substituted in lieu thereof (Effective July 1, 604
738-2022): 605
739-(b) For these purposes, the authority shall have the following powers: 606
740-(1) To have perpetual succession as a body corporate and to adopt 607
741-procedures for the regulation of its affairs and the conduct of its business 608
742-as provided in subsection (f) of section 32-601, to adopt a corporate seal 609
743-and alter the same at its pleasure, and to maintain an office at such place 610
744-or places within the city of Hartford as it may designate; (2) to sue and 611
745-be sued, to contract and be contracted with; (3) to employ such 612
746-assistants, agents and other employees as may be necessary or desirable 613
747-to carry out its purposes, which employees shall be exempt from the 614
748-classified service and shall not be employees, as defined in subsection 615
749-(b) of section 5-270, to fix their compensation, to establish and modify 616
750-personnel procedures as may be necessary from time to time and to 617
751-negotiate and enter into collective bargaining agreements with labor 618
752-unions; (4) to acquire, lease, hold and dispose of personal property for 619
753-the purposes set forth in this section; (5) to procure insurance against 620
754-any liability or loss in connection with its property and other assets, in 621
755-such amounts and from such insurers as it deems desirable and to 622
756-procure insurance for employees; (6) to invest any funds not needed for 623
757-immediate use or disbursement in obligations issued or guaranteed by 624
758-the United States of America or the state of Connecticut, including the 625
759-Short Term Investment Fund, [and the Tax-Exempt Proceeds Fund,] and 626
760-in other obligations which are legal investments for savings banks in 627
761-this state and in time deposits or certificates of deposit or other similar 628
762-banking arrangements secured in such manner as the authority 629
763-determines; (7) notwithstanding any other provision of the general 630
764-statutes, upon request of the Secretary of the Office of Policy and 631
765-Management, to enter into an agreement for funding to facilitate the 632
766-relocation of state offices within the capital city economic development 633
767-district; (8) to enter into such memoranda of understanding as the 634
768-authority deems appropriate to carry out its responsibilities under this 635
769-chapter; and (9) to do all acts and things necessary or convenient to carry 636 Substitute Bill No. 5502
724+LCO No. 3500 20 of 21
725+
726+(1) To have perpetual succession as a body corporate and to adopt 605
727+procedures for the regulation of its affairs and the conduct of its business 606
728+as provided in subsection (f) of section 32-601, to adopt a corporate seal 607
729+and alter the same at its pleasure, and to maintain an office at such place 608
730+or places within the city of Hartford as it may designate; (2) to sue and 609
731+be sued, to contract and be contracted with; (3) to employ such 610
732+assistants, agents and other employees as may be necessary or desirable 611
733+to carry out its purposes, which employees shall be exempt from the 612
734+classified service and shall not be employees, as defined in subsection 613
735+(b) of section 5-270, to fix their compensation, to establish and modify 614
736+personnel procedures as may be necessary from time to time and to 615
737+negotiate and enter into collective bargaining agreements with labor 616
738+unions; (4) to acquire, lease, hold and dispose of personal property for 617
739+the purposes set forth in this section; (5) to procure insurance against 618
740+any liability or loss in connection with its property and other assets, in 619
741+such amounts and from such insurers as it deems desirable and to 620
742+procure insurance for employees; (6) to invest any funds not needed for 621
743+immediate use or disbursement in obligations issued or guaranteed by 622
744+the United States of America or the state of Connecticut, including the 623
745+Short Term Investment Fund, [and the Tax-Exempt Proceeds Fund,] and 624
746+in other obligations which are legal investments for savings banks in 625
747+this state and in time deposits or certificates of deposit or other similar 626
748+banking arrangements secured in such manner as the authority 627
749+determines; (7) notwithstanding any other provision of the general 628
750+statutes, upon request of the Secretary of the Office of Policy and 629
751+Management, to enter into an agreement for funding to facilitate the 630
752+relocation of state offices within the capital city economic development 631
753+district; (8) to enter into such memoranda of understanding as the 632
754+authority deems appropriate to carry out its responsibilities under this 633
755+chapter; and (9) to do all acts and things necessary or convenient to carry 634
756+out the purposes of and the powers expressly granted by this section. 635
757+Sec. 15. Sections 3-24a to 3-24h, inclusive, of the general statutes are 636
758+repealed. (Effective July 1, 2022) 637 Raised Bill No. 5502
770759
771760
772-LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05502-R01-
773-HB.docx }
774-21 of 21
775761
776-out the purposes of and the powers expressly granted by this section. 637
777-Sec. 15. Sections 3-24a to 3-24h, inclusive, of the general statutes are 638
778-repealed. (Effective July 1, 2022) 639
762+LCO No. 3500 21 of 21
763+
779764 This act shall take effect as follows and shall amend the following
780765 sections:
781766
782767 Section 1 from passage 8-169oo
783768 Sec. 2 from passage 8-169qq
784769 Sec. 3 from passage New section
785770 Sec. 4 July 1, 2022 3-20(x)
786771 Sec. 5 July 1, 2022 3-37(a)
787772 Sec. 6 July 1, 2022 3-62h(q)
788773 Sec. 7 July 1, 2022 7-406n(d)
789774 Sec. 8 July 1, 2022 8-169jj(b)(9)
790775 Sec. 9 July 1, 2022 8-336o(b)
791776 Sec. 10 July 1, 2022 10-283(a)(3)
792777 Sec. 11 July 1, 2022 22a-260a(b)
793778 Sec. 12 July 1, 2022 32-7o(b)
794779 Sec. 13 July 1, 2022 32-11f(a)(1)
795780 Sec. 14 July 1, 2022 32-602(b)
796781 Sec. 15 July 1, 2022 Repealer section
797782
798-FIN Joint Favorable Subst.
783+Statement of Purpose:
784+To (1) amend provisions concerning the bonding authority of the
785+Connecticut Municipal Redevelopment Authority, (2) require state
786+actors to notify the Treasurer of reportable financial obligations and
787+agreements, (3) require the prior approval of the Treasurer for certain
788+transactions, and (4) delete provisions concerning the Tax-Exempt
789+Proceeds Funds.
790+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
791+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
792+underlined.]
799793