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General Assembly Committee Bill No. 5888
January Session, 2023
LCO No. 6080
Referred to Committee on PLANNING AND DEVELOPMENT
Introduced by:
(PD)
AN ACT CONCERNING THE METROPOLITAN DISTRICT OF
HARTFORD COUNTY.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 8 of number 511 of the special acts of 1929, as 1
amended by section 3 of special act 83-31, section 1 of special act 99-12 2
and section 3 of special act 14-21, is amended to read as follows (Effective 3
July 1, 2023): 4
Said board, either directly or under committees consisting of one or 5
more members of said board, shall organize bureaus for the convenient 6
carrying into effect of the several functions herein committed to said 7
board and may define the powers and duties of such bureaus and 8
delegate to them such powers and duties by ordinance, by-law or 9
otherwise as may, in the judgment of the board, be necessary for the 10
convenient operation of the same. No member of the board shall receive 11
any pay for his or her services as such member or as a member of a sub-12
committee of the board except that a reasonable sum may annually be 13
appropriated for the actual expenses of said board. The board may, by 14
ordinance, by-law or otherwise, fix the salaries and define the duties of 15
all officers and employees or may delegate the fixing of salaries of 16
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employees and assignment of duties of employees to sub-committees or 17
bureau managers. The chairman and vice-chairman of said district and 18
of all sub-committees, bureaus, boards and commissions appointed by 19
the district board shall, unless otherwise provided in the appointment 20
or [herein] in this section, hold office until the end of the fiscal year of 21
their appointment and thereafter shall be appointed for terms of two 22
years and until their successors shall be appointed and shall have 23
qualified. The members of all sub-committees, bureaus, boards and 24
commissions appointed by the district board shall, unless otherwise 25
provided in the appointment or [herein] in this section, hold such 26
membership until the end of the fiscal year of their appointment and 27
thereafter shall hold membership for terms of two years and until their 28
successors shall be appointed and shall have qualified. The managers of 29
the water bureau and of the bureau of public works and such others of 30
the officers as by the district board shall be especially so designated shall 31
hold office during good behavior and shall be removed only for cause. 32
All other officers and employees may be removed at any time by the 33
district board at pleasure. All vacancies may be filled by the district 34
board. Said district board [shall have power to] may fill any vacancy 35
occurring in its number for the unexpired portion of the term and, 36
except as otherwise expressly provided, shall act in all cases by a 37
majority of those present at any regular or special meeting, duly 38
warned. A majority of the board shall constitute a quorum and the time, 39
place and manner of calling meetings and the holding thereof, including 40
the manner of dissolving tie votes, shall be prescribed by said board by 41
by-law or otherwise. The district board shall be the final judge of the 42
election returns and validity of elections and qualifications of its 43
members and shall decide all tie votes in elections. Except as hereinafter 44
provided, the district board shall have power to authorize the sale, 45
transfer and conveyance of real and personal estate belonging to the 46
district, and shall provide by by-law or otherwise for the form and 47
manner of execution of the documents and instruments convenient 48
therefor. The Auditors of Public Accounts, established under chapter 23 49
of the general statutes, shall audit the district accounts annually in 50
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accordance with the provisions of said chapter. The district board [shall 51
make provision for the proper auditing of the district accounts and] may 52
cause any officer to execute bonds to the district with surety to the 53
acceptance of the district board for the faithful performance of duties. 54
The district board shall post the current budget of the district in a 55
conspicuous location on the district's Internet web site. 56
Sec. 2. Section 8 of special act 14-21 is amended to read as follows 57
(Effective July 1, 2023): 58
The [Metropolitan District Commission] Auditors of Public Accounts 59
shall, annually, submit a copy of the audit prepared pursuant to 60
[chapter 111 of the general statutes] section 8 of number 511 of the 61
special acts of 1929, as amended by section 3 of special act 83-31, section 62
1 of special act 99-1, section 3 of special act 14-21 and this act, to the 63
Office of Fiscal Analysis. 64
Sec. 3. Subsection (a) of section 4 of special act 90-27, as amended by 65
section 6 of public act 93-380 and section 9 of special act 14-21, is 66
amended to read as follows (Effective July 1, 2023): 67
(a) The Metropolitan District in Hartford County created pursuant to 68
number 511 of the special acts of 1929, as amended, may issue bonds or 69
other obligations, or may enter into leases of real or personal property 70
or any interest [therein] in such property, from time to time for the 71
purpose of paying all or any part of the cost of designing, acquiring, 72
purchasing, constructing, reconstructing, improving, extending, 73
financing, refinancing, operating or managing any facility, system, 74
program or equipment necessary or desirable in connection with 75
carrying out any of its authorized purposes, including payment of 76
expenses of administration properly chargeable thereto, including, 77
without limitation, legal, architectural and engineering expenses and 78
fees, [and costs of audits,] and payment of costs, fees and expenses 79
which the district board may deem necessary or advantageous in 80
connection with the authorization, sale and issuance of bonds or notes 81
or other obligations, including but not limited to, underwriters' discount 82
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and payment of all other items of expense incurred in connection 83
therewith. The district may issue such types of bonds or other 84
obligations as the district board by resolution approved by a majority of 85
its members may determine, including, without limiting the generality 86
of the foregoing, bonds or other obligations payable as to principal and 87
interest exclusively from the income and revenues of a particular 88
facility, system or program. Bonds or other obligations payable as to 89
principal and interest exclusively from the income and revenues of a 90
particular facility, system or program shall not constitute an 91
indebtedness within the meaning of any statutory limitation on the 92
indebtedness of the district or any member municipality. 93
Notwithstanding the provisions of sections 23, 24, 25, 26 and 51 of 94
number 511 of the special acts of 1929, as amended, any surplus moneys 95
not needed in the determination of the district board to meet the 96
purposes of funds established pursuant to said sections and any surplus 97
revenues in the assessable sewer fund may be pledged as additional 98
security for any such bonds or the provider of any credit enhancement 99
for any such bonds, which also may be secured by a pledge of any 100
income or revenues of the district, or a mortgage on any facility or 101
system or the site thereof. Whenever and for so long as the district has 102
issued and has outstanding bonds pursuant to this section, the district 103
board shall fix, charge and collect rates, rents, fees and other charges in 104
accordance herewith. Neither the members of the district nor any person 105
executing the bonds shall be liable personally on the bonds by reason of 106
the issuance thereof. The bonds and other obligations of the district, and 107
such bonds and obligations shall so state on their face, shall not be a debt 108
of the state or any political subdivision thereof, and no person other than 109
the district shall be liable thereon, nor shall such bonds or obligations be 110
payable out of any funds or properties other than those of the district. 111
Bonds of the district issued under the provisions of sections 2 and 13 of 112
number 511 of the special acts of 1929, as amended, and sections 2 and 113
4 of special act 90-27, as amended by public act 93-380 and this act, are 114
declared to be issued for an essential public and governmental purpose. 115
In anticipation of the sale of such bonds the district may issue negotiable 116
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bond anticipation notes and may renew the same from time to time, but 117
the maximum maturity of any such note including renewals thereof, 118
shall not exceed five years from the date of issue of the original note. 119
Such notes shall be paid from any revenues of the district available 120
therefor and not otherwise pledged, or from the proceeds of sale of the 121
bonds of the district in anticipation of which they were issued. Such 122
notes and the resolution or resolutions authorizing the same may 123
contain any provisions, conditions or limitations which a bond 124
resolution of the district may contain. 125
Sec. 4. Subsection (c) of section 2-90 of the general statutes is repealed 126
and the following is substituted in lieu thereof (Effective July 1, 2023): 127
(c) Said auditors shall audit, on a biennial basis if deemed most 128
economical and efficient, or as frequently as they deem necessary, the 129
books and accounts, records of operations and activities, systems and 130
data of each officer, department, commission, board and court of the 131
state government, all institutions supported by the state and all public 132
and quasi-public bodies, politic and corporate, created by public or 133
special act of the General Assembly and not required to be audited or 134
subject to reporting requirements, under the provisions of chapter 111, 135
except that said auditors shall, on an annual basis, or as frequently as 136
they deem necessary, audit the books and accounts of the Metropolitan 137
District of Hartford County. Each such audit may include an 138
examination of any relevant information concerning the department, 139
commission, board or court of state government being audited that is in 140
the possession or control of a private entity that has a contract with such 141
department, commission, board or court, and such information shall be 142
provided upon demand in a format prescribed by the auditors at no cost 143
to the auditors or the department, commission, board or court. Each 144
such audit may include an examination of performance in order to 145
determine effectiveness in achieving expressed legislative purposes. 146
The auditors shall report their findings and recommendations to the 147
Governor, the State Comptroller and the joint standing committee of the 148
General Assembly having cognizance of matters relating to 149
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appropriations and the budgets of state agencies. 150
Sec. 5. Section 7-391 of the general statutes is repealed and the 151
following is substituted in lieu thereof (Effective July 1, 2023): 152
When used in this chapter, unless the context otherwise requires, the 153
following terms shall have the meanings herein specified: "Secretary" 154
means the Secretary of the Office of Policy and Management; 155
"municipality" includes each town, consolidated town and city, 156
consolidated town and borough, city and borough; "audited agency" 157
includes each district, as defined in section 7-324, or other municipal 158
utility, [the Metropolitan District of Hartford County], each regional 159
council of governments, any other political subdivision of similar 160
character which is created and any other agency created or designated 161
by a municipality to act for such municipality whose annual receipts 162
from all sources exceed one million dollars, excluding the Metropolitan 163
District of Hartford County; "reporting agency" includes each district, 164
as defined in section 7-324, or other municipal utility, each regional 165
council of governments, any other political subdivision of similar 166
character which is created and any other agency created or designated 167
by a municipality to act for such municipality whose annual receipts 168
from all sources do not exceed one million dollars; "appointing 169
authority" means the legislative body of a municipality or the board, 170
committee or other governing body of such audited agency, except in 171
any town where the authority to adopt a budget rests with a town 172
meeting or a representative town meeting "appointing authority" means 173
the board of finance or other board, committee or body charged with 174
preparing the budget, or in a town that has no board of finance or other 175
such board, committee or body, means the board of selectmen or the 176
town council; "audit report" means the report of the independent 177
auditor and the annual financial statements of the municipality or 178
audited agency; "independent auditor" means a public accountant who 179
is licensed to practice in the state of Connecticut and who meets the 180
independence standards included in generally accepted government 181
auditing standards; "public accountant" means an individual who meets 182
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standards included in generally accepted government auditing 183
standards for personnel performing government audits and the 184
licensing requirements of the State Board of Accountancy; "receipts" 185
means amounts accrued or received by a municipality, audited agency 186
or reporting agency and reportable as revenues in accordance with 187
generally accepted accounting principles; "municipal utility" means 188
every Connecticut municipality or department or agency thereof, or 189
Connecticut district, manufacturing, selling or distributing gas or 190
electricity to be used for light, heat or power or water. 191
Sec. 6. (Effective July 1, 2023) (a) There is established a task force to 192
examine the organization and operations of the Metropolitan District of 193
Hartford County. The task force's examination shall include, but not be 194
limited to, a review of the (1) district's charter provisions and 195
recommendations for revisions to such provisions, and (2) feasibility, 196
advantages and disadvantages of permitting members of the district's 197
board of commissioners appointed from nonmember municipalities to 198
vote with regard to the approval of rates for the use of water established 199
by the water bureau appointed by such board. 200
(b) The task force shall consist of the following members: 201
(1) One appointed by the speaker of the House of Representatives, 202
who is a member of the administrative staff of the Capitol Region 203
Council of Governments; 204
(2) One appointed by the president pro tempore of the Senate, who is 205
a representative of an organization that advocates for environmental 206
protection and conservation; 207
(3) One appointed by the minority leader of the House of 208
Representatives, who is an officer of an engineering or consulting firm 209
involved in infrastructure improvements to the wastewater system of 210
the Metropolitan District of Hartford County to achieve the goals of the 211
federal Clean Water Act, 33 USC 1251 et seq.; 212
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(4) One appointed by the minority leader of the Senate, who is an 213
officer of an investor-owned public water supply company operating in 214
the state; 215
(5) The Independent Consumer Advocate, selected pursuant to 216
section 7-334a of the general statutes; 217
(6) The Consumer Counsel, appointed pursuant to section 16-2a of 218
the general statutes, or his or her designee; 219
(7) The chairperson of the Public Utilities Regulatory Authority, 220
elected pursuant to section 16-2 of the general statutes, or his or her 221
designee; 222
(8) One from the city of Hartford, appointed by the mayor thereof; 223
(9) One from the city of East Hartford, appointed by the mayor 224
thereof; 225
(10) One from the town of Wethersfield, appointed by the town 226
manager thereof; 227
(11) One from the town of Newington, appointed by the town 228
manager thereof; 229
(12) One from the town of Windsor, appointed by the town manager 230
thereof; 231
(13) One from the town of West Hartford, appointed by the mayor 232
thereof; 233
(14) One from the town of Bloomfield, appointed by the town 234
manager thereof; 235
(15) One from the town of Rocky Hill, appointed by the town 236
manager thereof; 237
(16) One from the town of Glastonbury, appointed by the town 238
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manager thereof; 239
(17) One from the town of East Granby, appointed by the first 240
selectman thereof; 241
(18) One from the town of South Windsor, appointed by the town 242
manager thereof; and 243
(19) One from the town of Farmington, appointed by the town 244
manager thereof. 245
(c) All initial appointments to the task force shall be made not later 246
than thirty days after the effective date of this section. Any vacancy shall 247
be filled by the appointing authority. 248
(d) The Independent Consumer Advocate shall serve as chairperson 249
of the task force and shall schedule the first meeting of the task force, 250
which shall be held not later than sixty days after the effective date of 251
this section. 252
(e) The administrative staff of the joint standing committee of the 253
General Assembly having cognizance of matters relating to planning 254
and development shall serve as administrative staff of the task force. 255
(f) Not later than January 1, 2025, the task force shall submit a report 256
on its examination to the joint standing committee of the General 257
Assembly having cognizance of matters relating to planning and 258
development, in accordance with the provisions of section 11-4a of the 259
general statutes. The task force shall terminate on the date that it 260
submits such report or January 1, 2025, whichever is later. 261
Sec. 7. (Effective July 1, 2023) Not later than January 1, 2025, the board 262
of commissioners of the Metropolitan District of Hartford County shall 263
adopt, administer and enforce the model code of ethics for 264
municipalities and special districts developed by the State Ethics 265
Commission, pursuant to public act 94-172, and as revised from time to 266
time by the Office of State Ethics. 267
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This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2023 Number 511 of the
special acts of 1929, Sec.
8
Sec. 2 July 1, 2023 SA 14-21, Sec. 8
Sec. 3 July 1, 2023 SA 90-27, Sec. 4(a)
Sec. 4 July 1, 2023 2-90(c)
Sec. 5 July 1, 2023 7-391
Sec. 6 July 1, 2023 New section
Sec. 7 July 1, 2023 New section
Statement of Purpose:
To (1) require annual audits of the Metropolitan District of Hartford
County, (2) establish a task force to examine the organization and
operation of the district and permitting commissioners from
nonmember municipalities to vote on certain rates, and (3) require the
board of commissioners of the district to adopt, administer and enforce
a model code of ethics.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]
Co-Sponsors: REP. DELNICKI, 14th Dist.; REP. ANDERSON, 62nd Dist.
REP. DOUCETTE, 13th Dist.; REP. ZAWISTOWSKI, 61st Dist.
REP. GILCHREST, 18th Dist.; SEN. SLAP, 5th Dist.
REP. TURCO, 27th Dist.; REP. BARRY, 31st Dist.
REP. GARIBAY, 60th Dist.; REP. MICHEL, 146th Dist.
REP. MORRIN BELLO, 28th Dist.; REP. FARRAR K., 20th Dist.
H.B. 5888