Connecticut 2023 Regular Session

Connecticut House Bill HB06652 Compare Versions

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Version 2 (New)

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4		-	House Bill No. 6652
	7	+	General Assembly Raised Bill No. 6652
	8	+	January Session, 2023
	9	+	LCO No. 3948
5	10
6		-	Public Act No. 23-120
	11	+
	12	+	Referred to Committee on PLANNING AND
	13	+	DEVELOPMENT
	14	+
	15	+
	16	+	Introduced by:
	17	+	(PD)
	18	+
7	19
8	20
9	21		AN ACT CONCERNING THE LEGISLATIVE COMMISSIONERS'
10	22		RECOMMENDATIONS FOR TECHNICAL REVISIONS TO STATUTES
11	23		CONCERNING PLANNING AND DEVELOPMENT.
12	24		Be it enacted by the Senate and House of Representatives in General
13	25		Assembly convened:
14	26
15		-	Section 1. Section 8-169hh of the general statutes is repealed and the
16		-	following is substituted in lieu thereof (Effective from passage):
17		-	For purposes of this section and sections 8-169ii to 8-169ss, inclusive:
18		-	(1) "Authority" means the Connecticut Municipal Redevelopment
19		-	Authority established in section 8-169ii;
20		-	(2) "Authority development project" means a project occurring within
21		-	the boundaries of a Connecticut Municipal Redevelopment Authority
22		-	development district;
23		-	(3) "Connecticut Municipal Redevelopment Authority development
24		-	district" or "development district" means the area determined by a
25		-	memorandum of agreement between the authority and the chief
26		-	executive officer of the member municipality, or the chief executive
27		-	officers of the municipalities constituting a joint member entity, as
28		-	applicable, where such development district is located, provided such
29		-	area shall be considered a downtown or does not exceed a one-half-mile House Bill No. 6652
	27	+	Section 1. Section 8-169hh of the general statutes is repealed and the 1
	28	+	following is substituted in lieu thereof (Effective from passage): 2
	29	+	For purposes of this section and sections 8-169ii to 8-169ss, 3
	30	+	inclusive: 4
	31	+	(1) "Authority" means the Connecticut Municipal Redevelopment 5
	32	+	Authority established in section 8-169ii; 6
	33	+	(2) "Authority development project" means a project occurring 7
	34	+	within the boundaries of a Connecticut Municipal Redevelopment 8
	35	+	Authority development district; 9
	36	+	(3) "Connecticut Municipal Redevelopment Authority development 10
	37	+	district" or "development district" means the area determined by a 11
	38	+	memorandum of agreement between the authority and th e chief 12 Bill No. 6652
30	39
31		-	Public Act No. 23-120 2 of 6
32	40
33		-	radius of a transit station;
34		-	(4) "Designated tier III municipality" has the same meaning as
35		-	provided in section 7-560;
36		-	(5) "Designated tier IV municipality" has the same meaning as
37		-	provided in section 7-560;
38		-	(6) "Downtown" means a central business district or other
39		-	commercial neighborhood area of a community that serves as a center
40		-	of socioeconomic interaction in the community, characterized by a
41		-	cohesive core of commercial and mixed -use buildings, often
42		-	interspersed with civic, religious and residential buildings and public
43		-	spaces, that are typically arranged along a main street and intersecting
44		-	side streets and served by public infrastructure;
45		-	(7) "Member municipality" means (A) any municipality with a
46		-	population of seventy thousand or more that opts to join the
47		-	Connecticut Municipal Redevelopment Authority in accordance with
48		-	section 8-169ll, or (B) any designated tier III or tier IV municipality.
49		-	"Member municipality" does not include the city of Hartford or any
50		-	municipality that is considered part of the capital region, as defined in
51		-	section 32-600;
52		-	(8) "Joint member entity" means two or more municipalities with a
53		-	combined population of seventy thousand or more that together opt to
54		-	join the Connecticut Municipal Redevelopment Authority in accordance
55		-	with section 8-169ll, provided no such municipality is considered part
56		-	of the capital region, as defined in section 32-600;
57		-	(9) "Project" means any or all of the following: (A) The design and
58		-	construction of transit-oriented development, as defined in section 13b-
59		-	79kk; (B) the creation of housing units through rehabilitation or new
60		-	construction; (C) the demolition or redevelopment of vacant buildings;
61		-	and (D) development and redevelopment; House Bill No. 6652
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62	44
63		-	Public Act No. 23-120 3 of 6
	45	+	executive officer of the member municipality, or the chief executive 13
	46	+	officers of the municipalities constituting a joint member entity, as 14
	47	+	applicable, where such development district is located, provided such 15
	48	+	area shall be considered a downtown or does not exceed a one-half-16
	49	+	mile radius of a transit station; 17
	50	+	(4) "Designated tier III municipality" has the same meaning as 18
	51	+	provided in section 7-560; 19
	52	+	(5) "Designated tier IV municipality" has the same meaning as 20
	53	+	provided in section 7-560; 21
	54	+	(6) "Downtown" means a central business district or other 22
	55	+	commercial neighborhood area of a community that serves as a center 23
	56	+	of socioeconomic interaction in the community, characterized by a 24
	57	+	cohesive core of commercial and mixed -use buildings, often 25
	58	+	interspersed with civic, religious and residential buildings and public 26
	59	+	spaces, that are typically arranged along a main street and intersecting 27
	60	+	side streets and served by public infrastructure; 28
	61	+	(7) "Member municipality" means (A) any municipality with a 29
	62	+	population of seventy thousand or more that opts to join the 30
	63	+	Connecticut Municipal Redevelopment Authority in accordance with 31
	64	+	section 8-169ll, or (B) any designated tier III or tier IV municipality. 32
	65	+	"Member municipality" does not include the city of Hartford or any 33
	66	+	municipality that is considered part of the capital region, as defined in 34
	67	+	section 32-600; 35
	68	+	(8) "Joint member entity" means two or more municipalities with a 36
	69	+	combined population of seventy thousand or more that together opt to 37
	70	+	join the Connecticut Municipal Redevelopment Authority in 38
	71	+	accordance with section 8-169ll, provided no such municipality is 39
	72	+	considered part of the capital region, as defined in section 32-600; 40
	73	+	(9) "Project" means any or all of the following: (A) The design and 41
	74	+	construction of transit-oriented development, as defined in section 42
	75	+	13b-79kk; (B) the creation of housing units through rehabilitation or 43 Bill No. 6652
64	76
65		-	(10) [State-wide transportation investment program"] "State-wide
66		-	transportation investment program" means the planning document
67		-	developed and updated at least every four years by the Department of
68		-	Transportation in compliance with the requirements of 23 USC 135,
69		-	listing all transportation projects in the state expected to receive federal
70		-	funding during the four-year period covered by the program; and
71		-	(11) "Transit station" means any passenger railroad station or bus
72		-	rapid transit station that is operational, or for which the Department of
73		-	Transportation has initiated planning or that is included in the state-
74		-	wide transportation investment program, that is or will be located
75		-	within the boundaries of a member municipality or the municipalities
76		-	constituting a joint member entity.
77		-	Sec. 2. Subsection (h) of section 22a-478 of the general statutes is
78		-	repealed and the following is substituted in lieu thereof (Effective from
79		-	passage):
80		-	(h) The Department of Public Health shall establish and maintain a
81		-	priority list of eligible drinking water projects and shall establish a
82		-	system setting the priority for making project loans to eligible public
83		-	water systems. In establishing such priority list and ranking system, the
84		-	Commissioner of Public Health shall consider all factors which he
85		-	deems relevant, including, but not limited to, the following: (1) The
86		-	public health and safety; (2) protection of environmental resources; (3)
87		-	population affected; (4) risk to human health; (5) public water systems
88		-	most in need on a per household basis according to applicable state
89		-	affordability criteria; (6) compliance with the applicable requirements of
90		-	the federal Safe Drinking Water Act and other related federal acts; (7)
91		-	applicable state and federal regulations. The priority list of eligible
92		-	drinking water projects shall include a description of each project and
93		-	its purpose, impact, cost and construction schedule, and an explanation
94		-	of the manner in which priorities were established. The Commissioner
95		-	of Public Health shall adopt an interim priority list of eligible drinking House Bill No. 6652
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97		-	Public Act No. 23-120 4 of 6
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99		-	water projects for the purpose of making project loans prior to adoption
100		-	of final regulations, and in so doing may utilize existing rules and
101		-	regulations of the department relating to the program. To the extent
102		-	required by applicable federal law, the Department of Public Health
103		-	shall prepare any required intended use plan with respect to eligible
104		-	drinking water projects; (8) consistency with the state plan of
105		-	conservation and development; (9) consistency with the policies
106		-	delineated in section 22a-380; and (10) consistency with the coordinated
107		-	water system plan in accordance with subsection (f) of section 25-33d.
108		-	Sec. 3. Section 25-201 of the general statutes is repealed and the
109		-	following is substituted in lieu thereof (Effective from passage):
110		-	For the purposes of sections 25-200 to 25-210, inclusive:
111		-	(1) "Approved map" means a map approved by the commissioner
112		-	pursuant to section 25-205;
113		-	(2) "Approved river corridor protection plan" means a river corridor
114		-	protection plan approved by the commissioner pursuant to section 25-
115		-	205;
116		-	(3) "Clear cutting" means removal of all standing woody vegetation
117		-	greater than one inch diameter at breast height within a designated river
118		-	corridor;
119		-	(4) "Commissioner" means the Commissioner of Energy and
120		-	Environmental Protection or his agent;
121		-	(5) "Designation" means designation, by act of the General Assembly,
122		-	of a river corridor for protection and preservation in accordance with an
123		-	approved river corridor protection plan and the provisions of sections
124		-	25-200 to 25-210, inclusive;
125		-	(6) "Designated river corridor" means that portion of a river corridor House Bill No. 6652
	82	+	new construction; (C) the demolition or redevelopment of vacant 44
	83	+	buildings; and (D) development and redevelopment; 45
	84	+	(10) [State-wide transportation investment program"] "State-wide 46
	85	+	transportation investment program" means the planning document 47
	86	+	developed and updated at least every four years by the Department of 48
	87	+	Transportation in compliance with the requirements of 23 USC 135, 49
	88	+	listing all transportation projects in the state expected to receive federal 50
	89	+	funding during the four-year period covered by the program; and 51
	90	+	(11) "Transit station" means any passenger railroad station or bus 52
	91	+	rapid transit station that is operational, or for which the Department of 53
	92	+	Transportation has initiated planning or that is included in the state-54
	93	+	wide transportation investment program, that is or will be located 55
	94	+	within the boundaries of a member municipality or the municipalities 56
	95	+	constituting a joint member entity. 57
	96	+	Sec. 2. Subsection (h) of section 22a-478 of the general statutes is 58
	97	+	repealed and the following is substituted in lieu thereof (Effective from 59
	98	+	passage): 60
	99	+	(h) The Department of Public Health shall establish and maintain a 61
	100	+	priority list of eligible drinking water projects and shall establish a 62
	101	+	system setting the priority for making project loans to eligible public 63
	102	+	water systems. In establishing such priority list and ranking system, 64
	103	+	the Commissioner of Public Health shall consider all factors which he 65
	104	+	deems relevant, including, but not limited to, the following: (1) The 66
	105	+	public health and safety; (2) protection of environmental resources; (3) 67
	106	+	population affected; (4) risk to human health; (5) public water systems 68
	107	+	most in need on a per household basis according to applicable state 69
	108	+	affordability criteria; (6) compliance with the applicable requirements 70
	109	+	of the federal Safe Drinking Water Act and other related federal acts; 71
	110	+	(7) applicable state and federal regulations. The priority list of eligible 72
	111	+	drinking water projects shall include a description of each project and 73
	112	+	its purpose, impact, cost and construction schedule, and an 74
	113	+	explanation of the manner in which priorities were established. The 75 Bill No. 6652
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127		-	Public Act No. 23-120 5 of 6
128	115
129		-	defined on a map prepared in accordance with section 25-204 and which
130		-	has been designated by the General Assembly pursuant to sections 25-
131		-	200 to 25-210, inclusive;
132		-	(7) "Eligible river corridor" means a river corridor which is included
133		-	on the list adopted by the commissioner pursuant to section 25-202;
134		-	(8) "Local drainage basin" means a local drainage basin referenced on
135		-	a map entitled "Natural Drainage Basins of Connecticut", published by
136		-	the Department of Energy and Environmental Protection, 1981;
137		-	(9) "Member municipality" means a municipality which is a member
138		-	of a river committee established pursuant to section 25-203;
139		-	(10) "Major state plan" means the plan for development of outdoor
140		-	recreation adopted pursuant to section 22a-21, the state-wide solid
141		-	waste management plan adopted pursuant to section 22a-228, the state-
142		-	wide plan for the management of water resources adopted pursuant to
143		-	section 22a-352, the state-wide environmental plan adopted pursuant to
144		-	section 22a-8, the plan for the disposal of dredged material for Long
145		-	Island Sound, the historic preservation plan adopted under the National
146		-	Historic Preservation Act, as amended, the state-wide facility and
147		-	capital plan adopted pursuant to section 4b-23, the water quality
148		-	management plan adopted under the federal Clean Water Act, the
149		-	marine resources management plan, the plan for managing forest
150		-	resources, the wildlife management plans and the salmon restoration
151		-	plan;
152		-	(11) "Person" means ["person"] person as defined in section 22a-2;
153		-	(12) "River corridor" means any river, river segment or river system,
154		-	together with its floodplains, wetlands and uplands, contributing
155		-	overland runoff to such river, river segment or river system;
156		-	(13) "River committee" means a river committee established pursuant House Bill No. 6652
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158		-	Public Act No. 23-120 6 of 6
	120	+	Commissioner of Public Health shall adopt an interim priority list of 76
	121	+	eligible drinking water projects for the purpose of making project 77
	122	+	loans prior to adoption of final regulations, and in so doing may utilize 78
	123	+	existing rules and regulations of the department relating to the 79
	124	+	program. To the extent required by applicable federal law, the 80
	125	+	Department of Public Health shall prepare any required intended use 81
	126	+	plan with respect to eligible drinking water projects; (8) consistency 82
	127	+	with the state plan of conservation and development; (9) consistency 83
	128	+	with the policies delineated in section 22a-380; and (10) consistency 84
	129	+	with the coordinated water system plan in accordance with subsection 85
	130	+	(f) of section 25-33d. 86
	131	+	Sec. 3. Section 25-201 of the general statutes is repealed and the 87
	132	+	following is substituted in lieu thereof (Effective from passage): 88
	133	+	For the purposes of sections 25-200 to 25-210, inclusive: 89
	134	+	(1) "Approved map" means a map approved by the commissioner 90
	135	+	pursuant to section 25-205; 91
	136	+	(2) "Approved river corridor protection plan" means a river corridor 92
	137	+	protection plan approved by the commissioner pursuant to section 25-93
	138	+	205; 94
	139	+	(3) "Clear cutting" means removal of all standing woody vegetation 95
	140	+	greater than one inch diameter at breast height within a designated 96
	141	+	river corridor; 97
	142	+	(4) "Commissioner" means the Commissioner of Energy and 98
	143	+	Environmental Protection or his agent; 99
	144	+	(5) "Designation" means designation, by act of the General 100
	145	+	Assembly, of a river corridor for protection and preservation in 101
	146	+	accordance with an approved river corridor protection plan and the 102
	147	+	provisions of sections 25-200 to 25-210, inclusive; 103
	148	+	(6) "Designated river corridor" means that portion of a river corridor 104 Bill No. 6652
159	149
160		-	to section 25-203;
161		-	(14) "River system" means a river, its tributaries and any lands
162		-	draining into such river or its tributaries;
163		-	(15) "Secretary" means the Secretary of the Office of Policy and
164		-	Management or his agent;
165		-	(16) ["State rivers assessment data base"] "State rivers assessment
166		-	database" means the state-wide assessment of the state's rivers prepared
167		-	by the commissioner pursuant to subdivision (3) of subsection (c) of
168		-	section 25-102qq;
169		-	(17) "State plan of conservation and development" means the state
170		-	plan of conservation and development prepared pursuant to part I of
171		-	chapter 297;
172		-	(18) "Subregional drainage basin" means a subregional drainage
173		-	basin as depicted on a map entitled "Natural Drainage Basins of
174		-	Connecticut", published by the Department of Energy and
175		-	Environmental Protection, 1981; and
176		-	(19) "Water-dependent use" means a use which, by its nature or
177		-	function, requires direct access to, or location in or immediately adjacent
178		-	to, water and which therefore cannot be located upland and shall
179		-	include such recreational uses as riverside trails and bicycle paths.
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	154	+
	155	+	defined on a map prepared in accordance with section 25-204 and 105
	156	+	which has been designated by the General Assembly pursuant to 106
	157	+	sections 25-200 to 25-210, inclusive; 107
	158	+	(7) "Eligible river corridor" means a river corridor which is included 108
	159	+	on the list adopted by the commissioner pursuant to section 25-202; 109
	160	+	(8) "Local drainage basin" means a local drainage basin referenced 110
	161	+	on a map entitled "Natural Drainage Basins of Connecticut", published 111
	162	+	by the Department of Energy and Environmental Protection, 1981; 112
	163	+	(9) "Member municipality" means a municipality which is a member 113
	164	+	of a river committee established pursuant to section 25-203; 114
	165	+	(10) "Major state plan" means the plan for development of outdoor 115
	166	+	recreation adopted pursuant to section 22a-21, the state-wide solid 116
	167	+	waste management plan adopted pursuant to section 22a-228, the 117
	168	+	state-wide plan for the management of water resources adopted 118
	169	+	pursuant to section 22a-352, the state-wide environmental plan 119
	170	+	adopted pursuant to section 22a-8, the plan for the disposal of dredged 120
	171	+	material for Long Island Sound, the historic preservation plan adopted 121
	172	+	under the National Historic Preservation Act, as amended, the state-122
	173	+	wide facility and capital plan adopted pursuant to section 4b-23, the 123
	174	+	water quality management plan adopted under the federal Clean 124
	175	+	Water Act, the marine resources management plan, the plan for 125
	176	+	managing forest resources, the wildlife management plans and the 126
	177	+	salmon restoration plan; 127
	178	+	(11) "Person" means ["person"] person as defined in section 22a-2; 128
	179	+	(12) "River corridor" means any river, river segment or river system, 129
	180	+	together with its floodplains, wetlands and uplands, contributing 130
	181	+	overland runoff to such river, river segment or river system; 131
	182	+	(13) "River committee" means a river committee established 132
	183	+	pursuant to section 25-203; 133 Bill No. 6652
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	189	+
	190	+	(14) "River system" means a river, its tributaries and any lands 134
	191	+	draining into such river or its tributaries; 135
	192	+	(15) "Secretary" means the Secretary of the Office of Policy and 136
	193	+	Management or his agent; 137
	194	+	(16) ["State rivers assessment data base"] "State rivers assessment 138
	195	+	database" means the state-wide assessment of the state's rivers 139
	196	+	prepared by the commissioner pursuant to subdivision (3) of 140
	197	+	subsection (c) of section 25-102qq; 141
	198	+	(17) "State plan of conservation and development" means the state 142
	199	+	plan of conservation and development prepared pursuant to part I of 143
	200	+	chapter 297; 144
	201	+	(18) "Subregional drainage basin" means a subregional drainage 145
	202	+	basin as depicted on a map entitled "Natural Drainage Basins of 146
	203	+	Connecticut", published by the Department of Energy and 147
	204	+	Environmental Protection, 1981; and 148
	205	+	(19) "Water-dependent use" means a use which, by its nature or 149
	206	+	function, requires direct access to, or location in or immediately 150
	207	+	adjacent to, water and which therefore cannot be located upland and 151
	208	+	shall include such recreational uses as riverside trails and bicycle 152
	209	+	paths. 153
	210	+	This act shall take effect as follows and shall amend the following
	211	+	sections:
	212	+
	213	+	Section 1 from passage 8-169hh
	214	+	Sec. 2 from passage 22a-478(h)
	215	+	Sec. 3 from passage 25-201
	216	+
	217	+	PD Joint Favorable
180	218