Connecticut 2023 Regular Session

Connecticut House Bill HB05888 Compare Versions

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3-LCO No. 6080 1 of 10
3+LCO No. 1752 1 of 1
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5-General Assembly Committee Bill No. 5888
5+General Assembly Proposed Bill No. 5888
66 January Session, 2023
7-LCO No. 6080
7+LCO No. 1752
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1010 Referred to Committee on PLANNING AND DEVELOPMENT
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1212
1313 Introduced by:
14-(PD)
14+REP. DELNICKI, 14th Dist.
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1717
18-AN ACT CONCERNING THE METROPOLITAN DISTRICT OF
19-HARTFORD COUNTY.
18+AN ACT CONCERNING THE METROPOLITAN DISTRICT
19+COMMISSION.
2020 Be it enacted by the Senate and House of Representatives in General
2121 Assembly convened:
2222
23-Section 1. Section 8 of number 511 of the special acts of 1929, as 1
24-amended by section 3 of special act 83-31, section 1 of special act 99-12 2
25-and section 3 of special act 14-21, is amended to read as follows (Effective 3
26-July 1, 2023): 4
27-Said board, either directly or under committees consisting of one or 5
28-more members of said board, shall organize bureaus for the convenient 6
29-carrying into effect of the several functions herein committed to said 7
30-board and may define the powers and duties of such bureaus and 8
31-delegate to them such powers and duties by ordinance, by-law or 9
32-otherwise as may, in the judgment of the board, be necessary for the 10
33-convenient operation of the same. No member of the board shall receive 11
34-any pay for his or her services as such member or as a member of a sub-12
35-committee of the board except that a reasonable sum may annually be 13
36-appropriated for the actual expenses of said board. The board may, by 14
37-ordinance, by-law or otherwise, fix the salaries and define the duties of 15
38-all officers and employees or may delegate the fixing of salaries of 16
39-Committee Bill No. 5888
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41-
42-LCO No. 6080 2 of 10
43-
44-employees and assignment of duties of employees to sub-committees or 17
45-bureau managers. The chairman and vice-chairman of said district and 18
46-of all sub-committees, bureaus, boards and commissions appointed by 19
47-the district board shall, unless otherwise provided in the appointment 20
48-or [herein] in this section, hold office until the end of the fiscal year of 21
49-their appointment and thereafter shall be appointed for terms of two 22
50-years and until their successors shall be appointed and shall have 23
51-qualified. The members of all sub-committees, bureaus, boards and 24
52-commissions appointed by the district board shall, unless otherwise 25
53-provided in the appointment or [herein] in this section, hold such 26
54-membership until the end of the fiscal year of their appointment and 27
55-thereafter shall hold membership for terms of two years and until their 28
56-successors shall be appointed and shall have qualified. The managers of 29
57-the water bureau and of the bureau of public works and such others of 30
58-the officers as by the district board shall be especially so designated shall 31
59-hold office during good behavior and shall be removed only for cause. 32
60-All other officers and employees may be removed at any time by the 33
61-district board at pleasure. All vacancies may be filled by the district 34
62-board. Said district board [shall have power to] may fill any vacancy 35
63-occurring in its number for the unexpired portion of the term and, 36
64-except as otherwise expressly provided, shall act in all cases by a 37
65-majority of those present at any regular or special meeting, duly 38
66-warned. A majority of the board shall constitute a quorum and the time, 39
67-place and manner of calling meetings and the holding thereof, including 40
68-the manner of dissolving tie votes, shall be prescribed by said board by 41
69-by-law or otherwise. The district board shall be the final judge of the 42
70-election returns and validity of elections and qualifications of its 43
71-members and shall decide all tie votes in elections. Except as hereinafter 44
72-provided, the district board shall have power to authorize the sale, 45
73-transfer and conveyance of real and personal estate belonging to the 46
74-district, and shall provide by by-law or otherwise for the form and 47
75-manner of execution of the documents and instruments convenient 48
76-therefor. The Auditors of Public Accounts, established under chapter 23 49
77-of the general statutes, shall audit the district accounts annually in 50
78-Committee Bill No. 5888
79-
80-
81-LCO No. 6080 3 of 10
82-
83-accordance with the provisions of said chapter. The district board [shall 51
84-make provision for the proper auditing of the district accounts and] may 52
85-cause any officer to execute bonds to the district with surety to the 53
86-acceptance of the district board for the faithful performance of duties. 54
87-The district board shall post the current budget of the district in a 55
88-conspicuous location on the district's Internet web site. 56
89-Sec. 2. Section 8 of special act 14-21 is amended to read as follows 57
90-(Effective July 1, 2023): 58
91-The [Metropolitan District Commission] Auditors of Public Accounts 59
92-shall, annually, submit a copy of the audit prepared pursuant to 60
93-[chapter 111 of the general statutes] section 8 of number 511 of the 61
94-special acts of 1929, as amended by section 3 of special act 83-31, section 62
95-1 of special act 99-1, section 3 of special act 14-21 and this act, to the 63
96-Office of Fiscal Analysis. 64
97-Sec. 3. Subsection (a) of section 4 of special act 90-27, as amended by 65
98-section 6 of public act 93-380 and section 9 of special act 14-21, is 66
99-amended to read as follows (Effective July 1, 2023): 67
100-(a) The Metropolitan District in Hartford County created pursuant to 68
101-number 511 of the special acts of 1929, as amended, may issue bonds or 69
102-other obligations, or may enter into leases of real or personal property 70
103-or any interest [therein] in such property, from time to time for the 71
104-purpose of paying all or any part of the cost of designing, acquiring, 72
105-purchasing, constructing, reconstructing, improving, extending, 73
106-financing, refinancing, operating or managing any facility, system, 74
107-program or equipment necessary or desirable in connection with 75
108-carrying out any of its authorized purposes, including payment of 76
109-expenses of administration properly chargeable thereto, including, 77
110-without limitation, legal, architectural and engineering expenses and 78
111-fees, [and costs of audits,] and payment of costs, fees and expenses 79
112-which the district board may deem necessary or advantageous in 80
113-connection with the authorization, sale and issuance of bonds or notes 81
114-or other obligations, including but not limited to, underwriters' discount 82
115-Committee Bill No. 5888
116-
117-
118-LCO No. 6080 4 of 10
119-
120-and payment of all other items of expense incurred in connection 83
121-therewith. The district may issue such types of bonds or other 84
122-obligations as the district board by resolution approved by a majority of 85
123-its members may determine, including, without limiting the generality 86
124-of the foregoing, bonds or other obligations payable as to principal and 87
125-interest exclusively from the income and revenues of a particular 88
126-facility, system or program. Bonds or other obligations payable as to 89
127-principal and interest exclusively from the income and revenues of a 90
128-particular facility, system or program shall not constitute an 91
129-indebtedness within the meaning of any statutory limitation on the 92
130-indebtedness of the district or any member municipality. 93
131-Notwithstanding the provisions of sections 23, 24, 25, 26 and 51 of 94
132-number 511 of the special acts of 1929, as amended, any surplus moneys 95
133-not needed in the determination of the district board to meet the 96
134-purposes of funds established pursuant to said sections and any surplus 97
135-revenues in the assessable sewer fund may be pledged as additional 98
136-security for any such bonds or the provider of any credit enhancement 99
137-for any such bonds, which also may be secured by a pledge of any 100
138-income or revenues of the district, or a mortgage on any facility or 101
139-system or the site thereof. Whenever and for so long as the district has 102
140-issued and has outstanding bonds pursuant to this section, the district 103
141-board shall fix, charge and collect rates, rents, fees and other charges in 104
142-accordance herewith. Neither the members of the district nor any person 105
143-executing the bonds shall be liable personally on the bonds by reason of 106
144-the issuance thereof. The bonds and other obligations of the district, and 107
145-such bonds and obligations shall so state on their face, shall not be a debt 108
146-of the state or any political subdivision thereof, and no person other than 109
147-the district shall be liable thereon, nor shall such bonds or obligations be 110
148-payable out of any funds or properties other than those of the district. 111
149-Bonds of the district issued under the provisions of sections 2 and 13 of 112
150-number 511 of the special acts of 1929, as amended, and sections 2 and 113
151-4 of special act 90-27, as amended by public act 93-380 and this act, are 114
152-declared to be issued for an essential public and governmental purpose. 115
153-In anticipation of the sale of such bonds the district may issue negotiable 116
154-Committee Bill No. 5888
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156-
157-LCO No. 6080 5 of 10
158-
159-bond anticipation notes and may renew the same from time to time, but 117
160-the maximum maturity of any such note including renewals thereof, 118
161-shall not exceed five years from the date of issue of the original note. 119
162-Such notes shall be paid from any revenues of the district available 120
163-therefor and not otherwise pledged, or from the proceeds of sale of the 121
164-bonds of the district in anticipation of which they were issued. Such 122
165-notes and the resolution or resolutions authorizing the same may 123
166-contain any provisions, conditions or limitations which a bond 124
167-resolution of the district may contain. 125
168-Sec. 4. Subsection (c) of section 2-90 of the general statutes is repealed 126
169-and the following is substituted in lieu thereof (Effective July 1, 2023): 127
170-(c) Said auditors shall audit, on a biennial basis if deemed most 128
171-economical and efficient, or as frequently as they deem necessary, the 129
172-books and accounts, records of operations and activities, systems and 130
173-data of each officer, department, commission, board and court of the 131
174-state government, all institutions supported by the state and all public 132
175-and quasi-public bodies, politic and corporate, created by public or 133
176-special act of the General Assembly and not required to be audited or 134
177-subject to reporting requirements, under the provisions of chapter 111, 135
178-except that said auditors shall, on an annual basis, or as frequently as 136
179-they deem necessary, audit the books and accounts of the Metropolitan 137
180-District of Hartford County. Each such audit may include an 138
181-examination of any relevant information concerning the department, 139
182-commission, board or court of state government being audited that is in 140
183-the possession or control of a private entity that has a contract with such 141
184-department, commission, board or court, and such information shall be 142
185-provided upon demand in a format prescribed by the auditors at no cost 143
186-to the auditors or the department, commission, board or court. Each 144
187-such audit may include an examination of performance in order to 145
188-determine effectiveness in achieving expressed legislative purposes. 146
189-The auditors shall report their findings and recommendations to the 147
190-Governor, the State Comptroller and the joint standing committee of the 148
191-General Assembly having cognizance of matters relating to 149
192-Committee Bill No. 5888
193-
194-
195-LCO No. 6080 6 of 10
196-
197-appropriations and the budgets of state agencies. 150
198-Sec. 5. Section 7-391 of the general statutes is repealed and the 151
199-following is substituted in lieu thereof (Effective July 1, 2023): 152
200-When used in this chapter, unless the context otherwise requires, the 153
201-following terms shall have the meanings herein specified: "Secretary" 154
202-means the Secretary of the Office of Policy and Management; 155
203-"municipality" includes each town, consolidated town and city, 156
204-consolidated town and borough, city and borough; "audited agency" 157
205-includes each district, as defined in section 7-324, or other municipal 158
206-utility, [the Metropolitan District of Hartford County], each regional 159
207-council of governments, any other political subdivision of similar 160
208-character which is created and any other agency created or designated 161
209-by a municipality to act for such municipality whose annual receipts 162
210-from all sources exceed one million dollars, excluding the Metropolitan 163
211-District of Hartford County; "reporting agency" includes each district, 164
212-as defined in section 7-324, or other municipal utility, each regional 165
213-council of governments, any other political subdivision of similar 166
214-character which is created and any other agency created or designated 167
215-by a municipality to act for such municipality whose annual receipts 168
216-from all sources do not exceed one million dollars; "appointing 169
217-authority" means the legislative body of a municipality or the board, 170
218-committee or other governing body of such audited agency, except in 171
219-any town where the authority to adopt a budget rests with a town 172
220-meeting or a representative town meeting "appointing authority" means 173
221-the board of finance or other board, committee or body charged with 174
222-preparing the budget, or in a town that has no board of finance or other 175
223-such board, committee or body, means the board of selectmen or the 176
224-town council; "audit report" means the report of the independent 177
225-auditor and the annual financial statements of the municipality or 178
226-audited agency; "independent auditor" means a public accountant who 179
227-is licensed to practice in the state of Connecticut and who meets the 180
228-independence standards included in generally accepted government 181
229-auditing standards; "public accountant" means an individual who meets 182
230-Committee Bill No. 5888
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232-
233-LCO No. 6080 7 of 10
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235-standards included in generally accepted government auditing 183
236-standards for personnel performing government audits and the 184
237-licensing requirements of the State Board of Accountancy; "receipts" 185
238-means amounts accrued or received by a municipality, audited agency 186
239-or reporting agency and reportable as revenues in accordance with 187
240-generally accepted accounting principles; "municipal utility" means 188
241-every Connecticut municipality or department or agency thereof, or 189
242-Connecticut district, manufacturing, selling or distributing gas or 190
243-electricity to be used for light, heat or power or water. 191
244-Sec. 6. (Effective July 1, 2023) (a) There is established a task force to 192
245-examine the organization and operations of the Metropolitan District of 193
246-Hartford County. The task force's examination shall include, but not be 194
247-limited to, a review of the (1) district's charter provisions and 195
248-recommendations for revisions to such provisions, and (2) feasibility, 196
249-advantages and disadvantages of permitting members of the district's 197
250-board of commissioners appointed from nonmember municipalities to 198
251-vote with regard to the approval of rates for the use of water established 199
252-by the water bureau appointed by such board. 200
253-(b) The task force shall consist of the following members: 201
254-(1) One appointed by the speaker of the House of Representatives, 202
255-who is a member of the administrative staff of the Capitol Region 203
256-Council of Governments; 204
257-(2) One appointed by the president pro tempore of the Senate, who is 205
258-a representative of an organization that advocates for environmental 206
259-protection and conservation; 207
260-(3) One appointed by the minority leader of the House of 208
261-Representatives, who is an officer of an engineering or consulting firm 209
262-involved in infrastructure improvements to the wastewater system of 210
263-the Metropolitan District of Hartford County to achieve the goals of the 211
264-federal Clean Water Act, 33 USC 1251 et seq.; 212
265-Committee Bill No. 5888
266-
267-
268-LCO No. 6080 8 of 10
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270-(4) One appointed by the minority leader of the Senate, who is an 213
271-officer of an investor-owned public water supply company operating in 214
272-the state; 215
273-(5) The Independent Consumer Advocate, selected pursuant to 216
274-section 7-334a of the general statutes; 217
275-(6) The Consumer Counsel, appointed pursuant to section 16-2a of 218
276-the general statutes, or his or her designee; 219
277-(7) The chairperson of the Public Utilities Regulatory Authority, 220
278-elected pursuant to section 16-2 of the general statutes, or his or her 221
279-designee; 222
280-(8) One from the city of Hartford, appointed by the mayor thereof; 223
281-(9) One from the city of East Hartford, appointed by the mayor 224
282-thereof; 225
283-(10) One from the town of Wethersfield, appointed by the town 226
284-manager thereof; 227
285-(11) One from the town of Newington, appointed by the town 228
286-manager thereof; 229
287-(12) One from the town of Windsor, appointed by the town manager 230
288-thereof; 231
289-(13) One from the town of West Hartford, appointed by the mayor 232
290-thereof; 233
291-(14) One from the town of Bloomfield, appointed by the town 234
292-manager thereof; 235
293-(15) One from the town of Rocky Hill, appointed by the town 236
294-manager thereof; 237
295-(16) One from the town of Glastonbury, appointed by the town 238
296-Committee Bill No. 5888
297-
298-
299-LCO No. 6080 9 of 10
300-
301-manager thereof; 239
302-(17) One from the town of East Granby, appointed by the first 240
303-selectman thereof; 241
304-(18) One from the town of South Windsor, appointed by the town 242
305-manager thereof; and 243
306-(19) One from the town of Farmington, appointed by the town 244
307-manager thereof. 245
308-(c) All initial appointments to the task force shall be made not later 246
309-than thirty days after the effective date of this section. Any vacancy shall 247
310-be filled by the appointing authority. 248
311-(d) The Independent Consumer Advocate shall serve as chairperson 249
312-of the task force and shall schedule the first meeting of the task force, 250
313-which shall be held not later than sixty days after the effective date of 251
314-this section. 252
315-(e) The administrative staff of the joint standing committee of the 253
316-General Assembly having cognizance of matters relating to planning 254
317-and development shall serve as administrative staff of the task force. 255
318-(f) Not later than January 1, 2025, the task force shall submit a report 256
319-on its examination to the joint standing committee of the General 257
320-Assembly having cognizance of matters relating to planning and 258
321-development, in accordance with the provisions of section 11-4a of the 259
322-general statutes. The task force shall terminate on the date that it 260
323-submits such report or January 1, 2025, whichever is later. 261
324-Sec. 7. (Effective July 1, 2023) Not later than January 1, 2025, the board 262
325-of commissioners of the Metropolitan District of Hartford County shall 263
326-adopt, administer and enforce the model code of ethics for 264
327-municipalities and special districts developed by the State Ethics 265
328-Commission, pursuant to public act 94-172, and as revised from time to 266
329-time by the Office of State Ethics. 267
330-Committee Bill No. 5888
331-
332-
333-LCO No. 6080 10 of 10
334-
335-This act shall take effect as follows and shall amend the following
336-sections:
337-
338-Section 1 July 1, 2023 Number 511 of the
339-special acts of 1929, Sec.
340-8
341-Sec. 2 July 1, 2023 SA 14-21, Sec. 8
342-Sec. 3 July 1, 2023 SA 90-27, Sec. 4(a)
343-Sec. 4 July 1, 2023 2-90(c)
344-Sec. 5 July 1, 2023 7-391
345-Sec. 6 July 1, 2023 New section
346-Sec. 7 July 1, 2023 New section
347-
23+That the general statutes be amended to (1) require annual audits of 1
24+the Metropolitan District Commission by the Auditors of Public 2
25+Accounts, (2) establish a task force to examine the organization and 3
26+operation of the Metropolitan District Commission, (3) require the 4
27+board of commissioners of the Metropolitan District Commission to 5
28+adopt, administer and enforce a model code of ethics for municipalities 6
29+and special districts, and (4) permit commissioners from nonmember 7
30+municipalities to vote on water rates applicable to nonmember 8
31+municipalities. 9
34832 Statement of Purpose:
349-To (1) require annual audits of the Metropolitan District of Hartford
350-County, (2) establish a task force to examine the organization and
351-operation of the district and permitting commissioners from
352-nonmember municipalities to vote on certain rates, and (3) require the
353-board of commissioners of the district to adopt, administer and enforce
354-a model code of ethics.
355-[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
356-that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
357-underlined.]
358-
359-Co-Sponsors: REP. DELNICKI, 14th Dist.; REP. ANDERSON, 62nd Dist.
360-REP. DOUCETTE, 13th Dist.; REP. ZAWISTOWSKI, 61st Dist.
361-REP. GILCHREST, 18th Dist.; SEN. SLAP, 5th Dist.
362-REP. TURCO, 27th Dist.; REP. BARRY, 31st Dist.
363-REP. GARIBAY, 60th Dist.; REP. MICHEL, 146th Dist.
364-REP. MORRIN BELLO, 28th Dist.; REP. FARRAR K., 20th Dist.
365-
366-H.B. 5888
367-
368-
33+To require annual audits of the Metropolitan District Commission,
34+establish a task force to examine the organization and operation of the
35+Metropolitan District Commission, require the board of commissioners
36+of the Metropolitan District Commission to adopt, administer and
37+enforce a model code of ethics, and permit commissioners from
38+nonmember municipalities to vote on certain rates.