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General Assembly Substitute Bill No. 5277
February Session, 2024
AN ACT AMENDING THE CHARTER OF THE SOUTH CENTRAL
CONNECTICUT WATER AUTHORITY.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 1 of special act 77-98, as amended by section 5 of 1
special act 99-12, section 2 of public act 02-85, section 1 of special act 13-2
20 and section 1 of special act 17-5, is amended to read as follows 3
(Effective from passage): 4
It is found and declared as a matter of legislative determination that 5
the creation of the South Central Connecticut Regional Water Authority 6
for the primary purpose of providing and assuring the provision of an 7
adequate supply of pure water and the safe disposal of wastewater at 8
reasonable cost within the South Central Connecticut Regional Water 9
District and such other areas as may be served pursuant to cooperative 10
agreements and acquisitions authorized by section 11 of special act 77-11
98, as amended by section 5 of special act 78-24, section 3 of special act 12
84-46, section 7 of public act 02-85 and section 3 of [this act] special act 13
17-5, and, to the degree consistent with the foregoing, of advancing 14
water conservation and the conservation and compatible recreational 15
use of land held by the authority, conducting or investing in noncore 16
businesses, provided, at the time of any investment in such businesses, 17
the authority's investment, less returns of or on such investments in 18
such businesses made on and after June 30, 2013, shall not exceed the 19 Substitute Bill No. 5277
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greater of five per cent of the authority's net utility plant devoted to its 20
water and wastewater utility businesses or such higher amount 21
approved by a majority of the total weighted votes of the membership 22
of the representative policy board, excluding vacancies, and the 23
carrying out of its powers, purposes, and duties under sections 1 to 33, 24
inclusive, of special act 77-98, as amended by special act 78-24, special 25
act 84-46, sections 5 to 7, inclusive, of special act 99-12, sections 2 to 21, 26
inclusive, of public act 02-85, special act 13-20, special act 17-5 and this 27
act, and for the benefit of the people residing in the South Central 28
Connecticut Regional Water District and the State of Connecticut, and 29
for the improvement of their health, safety and welfare, that said 30
purposes are public purposes, and that the authority will be performing 31
an essential governmental function in the exercise of its powers under 32
sections 1 to 33, inclusive, of special act 77-98, as amended by special act 33
78-24, special act 84-46, sections 5 to 7, inclusive, of special act 99-12, 34
section 2 of public act 02-85, special act 13-20, special act 17-5 and this 35
act. The authority shall have the power to conduct or invest in noncore 36
businesses authorized pursuant to this section, either directly or 37
through an affiliated business entity. 38
Sec. 2. Section 2 of special act 77-98, as amended by section 1 of special 39
act 78-24, section 3 of public act 02-85, section 2 of special act 13-20 and 40
section 2 of special act 17-5, is amended to read as follows (Effective from 41
passage): 42
As used in sections 1 to 33, inclusive, of special act 77-98, as amended 43
by special act 78-24, public act 02-85, special act 13-20, special act 17-5 44
and this act, unless a different meaning appears in the context: 45
"Authority" means the South Central Connecticut Regional Water 46
Authority created by section 5 of special act 77-98, as amended by 47
section 4 of special act 78-24, public act 02-85 and special act 13-20; 48
"district" means the South Central Connecticut Regional Water District 49
created by section 3 of special act 77-98, as amended by section 2 of 50
special act 78-24; ["Representative policy board"] "representative policy 51
board" means the representative policy board of the South Central 52 Substitute Bill No. 5277
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Connecticut Regional Water District created by section 4 of special act 53
77-98, as amended by section 3 of special act 78-24; "chief executive 54
officer" means that full time employee of the authority responsible for 55
the execution of the policies of the authority and for the direction of the 56
other employees of the authority; "treasurer" means the treasurer of the 57
authority; "customer" means any person, firm, corporation, company, 58
association or governmental unit furnished water or wastewater service 59
by the authority or any owner of property who guarantees payment for 60
water or wastewater service to such property; "properties" means the 61
water supply and distribution system or systems, wastewater collection 62
and treatment systems and other real or personal property of the 63
authority; "bonds" means bonds, notes and other obligations issued by 64
the authority; "revenues" means all rents, charges and other income 65
derived from the operation of the properties of the authority; 66
"wastewater" means any substance, liquid or solid, which may 67
contaminate or pollute or affect the cleanliness or purity of any water; 68
"water supply system" means plants, structures and other real and 69
personal property acquired, constructed or operated for the purpose of 70
supplying water, including [land, reservoirs,] basins, dams, canals, 71
aqueducts, standpipes, [conduits, pipelines, mains,] pumping stations, 72
water distribution systems, including land, reservoirs, conduits, 73
pipelines, mains, compensating reservoirs, waterworks or sources of 74
water supply, wells, purification or filtration plants or other plants and 75
works, connections, rights of flowage or diversion and other plants, 76
structures, conveyances, real or personal property or rights therein and 77
appurtenances necessary or useful and convenient for the accumulation, 78
supply or distribution of water or for the conduct of water or 79
environment related activities; "wastewater system" means plants, 80
structures and other real and personal property acquired, constructed 81
or operated for the purpose of collecting, treating and discharging or 82
reusing wastewater, whether or not interconnected, including 83
wastewater treatment plants, pipes and conduits for collection of 84
wastewater, pumping stations and other plants, works, structures, 85
conveyances, real or personal property or rights therein and 86
appurtenances necessary or useful and convenient for the collection, 87 Substitute Bill No. 5277
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transmission, treatment and disposition of wastewater; "subsidiary 88
corporation" means a corporation organized under the general statutes 89
or by special act which owns or operates all or part of a water supply 90
system or a wastewater system within the district and all of the voting 91
stock of which is owned by the authority, "noncore business" means an 92
activity, [to be located on property other than class I or class II land 93
owned by the authority] including an activity conducted outside the 94
state of Connecticut, that is related to water, environment, agriculture, 95
sustainable manufacturing support, or an energy project consisting of 96
either a class I renewable energy source, as defined in subdivision (20) 97
of subsection (a) of section 16-1 of the general statutes, or a class III 98
source, as defined in subdivision (38) of said section, but excluding wind 99
sources located within the district [;] and any activity located on 100
property that is class I or class II land owned by the authority; and 101
"affiliated business entity" means a corporation, a limited liability 102
company or a limited partnership controlled directly or indirectly by the 103
authority that conducts or invests in a noncore business. A reference in 104
sections 1 to 33, inclusive, of special act 77-98, as amended by special act 105
78-24, special act 84-46, public act 02-85 and [this act] special act 13-20, 106
to any general statute, public act or special act shall include any 107
amendment or successor thereto. 108
Sec. 3. Section 4 of special act 77-98, as amended by section 3 of special 109
act 78-24, section 2 of special act 84-46, section 5 of public act 02-85, 110
section 2 of special act 03-11 and section 10 of special act 13-20, is 111
amended to read as follows (Effective from passage): 112
(a) There shall be a representative policy board of the South Central 113
Connecticut Regional Water District which shall consist of one elector 114
from each city and town within the district who shall be appointed by 115
the chief elected official of such city or town, with the approval of its 116
legislative body, and one elector of the state who shall be appointed by 117
the governor. Members shall serve for a term of three years commencing 118
July 1, except that the members first appointed shall serve terms 119
commencing July 1, 1977, and such members appointed from Bethany, 120 Substitute Bill No. 5277
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East Haven, Killingworth, New Haven, Orange and West Haven shall 121
serve until June 30, 1978, such members appointed from Branford, 122
Guilford, Madison, North Branford, Prospect and Woodbridge shall 123
serve until June 30, 1979, such members appointed from Cheshire, 124
Hamden, Milford, North Haven and Wallingford shall serve until June 125
30, 1980, and the member first appointed by the governor shall serve for 126
a term commencing upon appointment and ending on the third June 127
thirtieth thereafter; provided members shall continue to serve until their 128
successors are appointed and have qualified. In the event of the 129
resignation, death or disability of a member from any city or town or the 130
state, a successor may be appointed by the chief elected official of such 131
city or town, or in the case of the member appointed by the governor, 132
for the unexpired portion of the term. The chief elected official of each 133
such city or town may appoint a provisional member to serve until 134
December 1, 1977, with full authority to act as a member until said date. 135
Members and provisional members shall receive [one] two hundred 136
fifty dollars, adjusted as provided in this subsection, for each day in 137
which they are engaged in their duties and shall be reimbursed for their 138
necessary expenses incurred in the performance of their duties. Such 139
[one-hundred-dollar-per-day] two-hundred-fifty-dollar compensation 140
amount shall be adjusted on January 1, [2015] 2027, and every [fifth] 141
third year thereafter to reflect changes [since 2012] in the Consumer 142
Price Index for All Urban Consumers, Northeast Urban, All Items (1982-143
84=100) published by the United States Bureau of Labor Statistics or a 144
comparable successor index. They shall elect a chairman and a vice-145
chairman, who shall be members or provisional members of the 146
representative policy board, and a secretary. The chairman shall receive 147
a per diem payment of [1.5] one and one-half times the amount paid to 148
members and provisional members. The representative policy board 149
shall meet at least quarterly with the authority and such members of the 150
staff of the authority as the representative policy board deems 151
appropriate. 152
(b) In voting upon all matters before the representative policy board, 153
the vote of each member from a city or town shall be accorded a weight, 154 Substitute Bill No. 5277
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determined as follows: The sum of (1) the quotient obtained by dividing 155
the number of customers in the city or town from which such member 156
is appointed by the total number of customers in all cities and towns 157
from which members have been appointed, taken twice, and (2) the 158
quotient obtained by dividing the number of acres of land owned by the 159
authority within the city or town from which such member is appointed 160
by the total number of acres of land owned by the authority in all cities 161
and towns from which members have been appointed, shall be divided 162
by three, the quotient thereof multiplied by one hundred and the 163
product thereof shall be rounded to the nearest whole number. The 164
weighted vote of the member appointed by the governor shall be one. 165
For the purposes of this section, "number of customers" means the 166
number of premises or groups of premises treated as units for ordinary 167
billing or other ordinary receipt of charges by the authority and shall be 168
determined from the records of the authority on the last day of its 169
preceding fiscal year and "number of acres of land" means the number 170
of acres of land rounded to the nearest whole number as may appear on 171
the records of the authority on the last day of its preceding fiscal year. 172
Notwithstanding the foregoing, prior to the first day of the fiscal year of 173
the authority commencing after the acquisition by the authority of a 174
water supply system, the weighted vote of each member of the 175
representative policy board from a city or town shall be as follows: 176
Bethany, four; Branford, seven; Cheshire, three; East Haven, six; 177
Guilford, four; Hamden, twelve; Killingworth, one; Madison, six; 178
Milford, eleven; New Haven, seventeen; North Branford, eight; North 179
Haven, four; Orange, three; Prospect, one; Wallingford, one; West 180
Haven, ten; and Woodbridge, two. Whenever a vote is taken on any 181
matter by the representative policy board, the vote shall be determined 182
in accordance with this subsection. Members of the representative 183
policy board holding a majority of the votes so weighted shall constitute 184
a quorum. 185
(c) The representative policy board shall adopt and may amend such 186
rules of procedure and bylaws for the conduct of its affairs as it deems 187
appropriate. It shall establish (1) a standing committee on land use and 188 Substitute Bill No. 5277
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management to consult with the authority on all matters of land use and 189
management, including acquisition and sale, recreational use, cutting of 190
timber and other products, mining and quarrying; (2) a standing 191
committee on finance to consult with the authority on matters relating 192
to financial and budgetary matters and the establishment of rates; and 193
(3) a standing committee on consumer affairs to consult with the 194
authority and the officer of consumer affairs established pursuant to 195
section 15 of special act 77-98 on matters concerning the interests of 196
people residing within the district. The representative policy board may 197
appoint such other committees as it considers convenient from time to 198
time. 199
(d) The representative policy board of the South Central Connecticut 200
Regional Water District shall also include a member from each of the 201
cities of Ansonia and Derby and the towns of Beacon Falls, Oxford and 202
Seymour, each appointed in the manner set forth in subsection (a) of this 203
section. The members first appointed shall serve from the date of their 204
appointment until June 30, 1985, in the case of Seymour; until June 30, 205
1986, in the case of Beacon Falls; and until June 30, 1987, in the case of 206
Ansonia, Derby and Oxford. Such members may participate in meetings 207
of the representative policy board notwithstanding such towns and 208
cities will not become members of the South Central Connecticut 209
Regional Water District until the effective date of the acquisition of the 210
Ansonia Derby Water Company by the South Central Connecticut 211
Regional Water Authority but, until such effective date, such members 212
may vote only on matters concerning the fixing of rates and charges to 213
support the financing of such acquisition. The weighted vote of such 214
members shall be determined in the manner set forth in subsection (b) 215
of this section as if such acquisition had occurred. This subsection shall 216
have no further force and effect after the effective date of such 217
acquisition or June 30, 1987, whichever occurs first. 218
(e) Upon the expansion of the South Central Connecticut Regional 219
Water District to include the area and territory of the town of Wolcott, 220
the representative policy board shall include one member from the town 221 Substitute Bill No. 5277
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of Wolcott appointed in the manner described in subsection (a) of this 222
section. Such member shall serve for an initial term ending on June 30, 223
2005, or such later time as the member's successor shall be appointed 224
and qualified. The weighted vote of such member shall be determined 225
in the manner set forth in subsection (b) of this section, provided in no 226
event shall such weighted vote be less than one. 227
Sec. 4. Section 5 of special act 77-98, as amended by section 4 of special 228
act 78-24, is amended to read as follows (Effective from passage): 229
A public corporation, to be known as the "South Central Connecticut 230
Regional Water Authority," constituting a public instrumentality and 231
political subdivision, is created for the purposes, charged with the 232
duties and granted the powers provided in sections 1 to 33, inclusive, of 233
special act 77-98, as amended by special act 78-24 and this act. [The] On 234
and before December 31, 2024, the authority shall consist of five 235
members who shall be residents of the district and not be members of 236
the representative policy board. [, who] On and after January 1, 2025, 237
the authority shall consist of seven members who shall reside in 238
Connecticut and not be members of the representative policy board, and 239
not fewer than five such members shall be residents of the district. [and 240
who shall] All members shall be appointed without regard to political 241
affiliation by a majority of the total votes of those members of the 242
representative policy board present at a meeting at which [members of 243
said board holding two-thirds of the total votes are present] at least two-244
thirds of the weighted vote, excluding vacancies, is present, for terms of 245
five years, not to exceed four consecutive full terms, and until their 246
successors are appointed and have qualified, except that of the members 247
first appointed, one shall be appointed for a term ending January 1, 1983, 248
one for a term ending January 1, 1982, one for a term ending January 1, 249
1981, one for a term ending January 1, 1980, and one for a term ending 250
January l, 1979. The sixth member first appointed shall be appointed for 251
a three-year term ending January 1, 2028, and the seventh member first 252
appointed shall be appointed for a five-year term ending January 1, 253
2030. Any vacancy occurring on the authority shall be filled in the same 254 Substitute Bill No. 5277
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manner for the unexpired portion of the term. Any member of the 255
authority may be removed from office by the representative policy 256
board for cause. Members of the authority shall receive such 257
compensation [for their services as shall be fixed by the representative 258
policy board] to be adjusted every three years by the Consumer Price 259
Index factor, as described in section 4 of special act 77-98, as amended 260
by special act 78-24, special act 84-46, public act 02-85, special act 03-11, 261
special act 13-20 and this act, if approved by the majority of weighted 262
votes of the membership of the representative policy board, excluding 263
vacancies, and shall be reimbursed for their necessary expenses 264
incurred in performance of their duties. 265
Sec. 5. Section 9 of special act 77-98 is amended to read as follows 266
(Effective from passage): 267
The authority shall meet at least [monthly] quarterly. Except as the 268
bylaws of the authority may provide in emergency situations, the 269
powers of the authority shall be exercised by the members at a meeting 270
duly called and held. [Three] On and before December 31, 2024, three 271
members shall constitute a quorum, and on and after January 1, 2025, 272
four members shall constitute a quorum, and no action shall be taken 273
except pursuant to the affirmative vote of [at least three members] a 274
quorum. The authority may delegate to one or more of its members, 275
officers, agents or employees such powers and duties as it may deem 276
proper. 277
Sec. 6. Section 14 of special act 77-98, as amended by section 6 of 278
special act 78-24, section 6 of special act 99-12, section 10 of public act 279
02-85 and section 5 of special act 17-5, is amended to read as follows 280
(Effective from passage): 281
With the approval of the representative policy board, the authority 282
shall establish just and equitable rates or charges for the use of the water 283
supply system and the wastewater system authorized herein, to be paid 284
by any customer, including rates of interest on unpaid rates or charges, 285
and may change such rates, [or] charges or rates of interest from time to 286 Substitute Bill No. 5277
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time. Such water supply system rates or charges shall be established so 287
as to provide funds sufficient in each year, with other water supply 288
related revenues, if any, (a) to pay the cost of maintaining, repairing and 289
operating the water supply system and each and every portion thereof, 290
to the extent that adequate provision for the payment of such cost has 291
not otherwise been made, (b) to pay the principal of and the interest on 292
outstanding water supply bonds of the authority as the same shall 293
become due and payable, (c) to meet any requirements of any resolution 294
authorizing, or trust agreement securing, such bonds of the authority, 295
(d) to make payments in lieu of taxes as provided in section 21 of special 296
act 77-98, as amended by section 8 of special act 78-24 and public act 02-297
85, as the same become due and payable, upon the water supply system 298
properties of the authority or of a subsidiary corporation to the 299
municipalities in which such properties are situated, (e) to provide for 300
the maintenance, conservation and appropriate recreational use of the 301
land of the authority, and (f) to pay all other reasonable and necessary 302
expenses of the authority and of the representative policy board to the 303
extent that such expenses are allocable to the water supply system 304
activities of the authority and the representative policy board. Such 305
wastewater system rates or charges shall be established so as to provide 306
funds sufficient in each year with other wastewater related revenues, if 307
any, (1) to pay the cost of maintaining, repairing and operating the 308
wastewater system and each and every portion thereof, to the extent that 309
adequate provision for the payment of such cost has not otherwise been 310
made, (2) to pay the principal of and the interest on outstanding 311
wastewater bonds of the authority as the same shall become due and 312
payable, (3) to meet any requirements of any resolution authorizing, or 313
trust agreement securing, such bonds of the authority, (4) to pay all 314
other reasonable and necessary expenses of the authority and of the 315
representative policy board to the extent that such expenses are 316
allocable to the wastewater activities of the authority and of the 317
representative policy board. No such rate or charge shall be established 318
until it has been approved by the representative policy board, after said 319
board has held a public hearing at which all the users of the waterworks 320
system or the wastewater system, the owners of property served or to 321 Substitute Bill No. 5277
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be served and others interested have had an opportunity to be heard 322
concerning such proposed rate or charge. The representative policy 323
board shall approve such rates and charges unless it finds that such rates 324
and charges will provide funds in excess of the amounts required for the 325
purposes described previously in this section, or unless it finds that such 326
rates and charges will provide funds insufficient for such purposes. The 327
rates or charges so established for any class of users or property served 328
shall be extended to cover any additional premises thereafter served 329
which are within the same class, without the necessity of a hearing 330
thereon. Any change in such rates or charges shall be made in the same 331
manner in which they were established. The rates or charges levied 332
upon any customer of any water supply system acquired pursuant to 333
subsection (d) of section 11 of special act 77-98, as amended by section 5 334
of special act 78-24, section 3 of special act 84-46, public act 02-85 and 335
[this act] special act 17-5 or served pursuant to a cooperative agreement 336
pursuant to subsection (m) of said section 11 shall not be required to be 337
equalized with the authority's existing rates, but may be set on a 338
separate basis, provided such rates are just, equitable and 339
nondiscriminatory. Such rates or charges, if not paid when due, shall 340
constitute a lien upon the premises served and a charge against the 341
owners thereof, which lien and charge shall bear interest [at the same] 342
not to exceed the maximum rate as would be allowed for unpaid taxes. 343
Such lien shall take precedence over all other liens or encumbrances 344
except taxes and may be foreclosed against the lot or building served in 345
the same manner as a lien for taxes, provided all such liens shall 346
continue until such time as they shall be discharged or foreclosed by the 347
authority without the necessity of filing certificates of continuation, but 348
in no event for longer than fifteen years. The amount of any such rate or 349
charge which remains due and unpaid [for thirty days may] after 350
twenty-eight days, which number of days may be changed with the 351
approval of the majority of the weighted votes of the membership of the 352
representative policy board, excluding vacancies, with interest thereon 353
at a rate approved by the representative policy board but not to exceed 354
the maximum interest rate allowed pursuant to the Connecticut general 355
statutes for unpaid property taxes and with reasonable attorneys' fees, 356 Substitute Bill No. 5277
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be recovered by the authority in a civil action in the name of the 357
authority against such owners. Any municipality shall be subject to the 358
same rate or charges under the same conditions as other users of the 359
water supply system or the wastewater system. The assets or the 360
revenues of the water system shall not be available to satisfy debts, 361
judgments or other obligations arising out of the operation of the 362
wastewater system and the assets or the revenues of the wastewater 363
system shall not be available to satisfy debts, judgments or other 364
obligations arising out of the operation of the water system. 365
Sec. 7. Section 19 of special act 77-98, as amended by section 15 of 366
public act 02-85, section 6 of special act 13-20 and section 9 of special act 367
17-5, is amended to read as follows (Effective from passage): 368
The authority shall not (1) acquire, by purchase, lease or otherwise, 369
any existing water supply system or parts thereof or any wastewater 370
system or parts thereof, (2) commence any project costing more than 371
[two] three and one-half million dollars to repair, improve, construct, 372
reconstruct, enlarge and extend any of its properties or systems, or (3) 373
acquire or make a subsequent investment in any noncore business in an 374
amount more than one and one-half million dollars without the 375
approval, following a public hearing, of a majority of the total weighted 376
votes of the membership of the representative policy board, excluding 377
vacancies. The dollar amounts specified in subdivisions (2) and (3) of 378
this section shall be adjusted every three years by the Consumer Price 379
Index factor, as described in section 4 of special act 77-98, as amended 380
by special act 78-24, special act 84-46, public act 02-85, special act 03-11, 381
special act 13-20 and this act, with the approval of a majority of the 382
weighted votes of the membership of the representative policy board, 383
excluding vacancies. In the case of the first acquisition by the authority 384
of an existing water supply system or part thereof, after such approval 385
by the representative policy board the authority shall file with the town 386
clerk of each city and town in the district its plan for such acquisition. 387
The legislative body of each such city and town shall approve or 388
disapprove such acquisition plan within sixty days after such filing, 389 Substitute Bill No. 5277
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provided failure to disapprove within such sixty days shall be deemed 390
approval of such acquisition plan. The authority shall not first acquire 391
an existing water supply system or part thereof except in accordance 392
with an acquisition plan approved by at least sixty per cent of such 393
legislative bodies. 394
Sec. 8. Section 20 of special act 77-98 is amended to read as follows 395
(Effective from passage): 396
(a) The authority shall have an annual audit of its accounts, books 397
and records by a certified public accountant selected by the 398
representative policy board. A copy of the audit shall be filed in the 399
office of the town clerk in each town within the district [and with the 400
public utilities control authority,] and shall be available for public 401
inspection during the ordinary business hours of the authority at the 402
principal office of the authority. A concise financial statement shall be 403
[published annually, at least once, in a newspaper of general circulation 404
in the municipality where the principal office of the authority is located. 405
If such publication is not made by the authority, the representative 406
policy board shall publish such statement at the expense of the 407
authority] posted annually on the South Central Connecticut Water 408
Authority's Internet web site. 409
(b) The attorney general may examine the books, accounts and 410
records of the authority. 411
Sec. 9. Subsection (a) of section 21 of special act 77-98, as amended by 412
special act 78-24 and section 16 of public act 02-85, is amended to read 413
as follows (Effective from passage): 414
(a) Neither the authority nor a subsidiary corporation or an affiliated 415
business entity shall be required to pay taxes or assessments upon any 416
of the properties acquired by it or under its jurisdiction, control or 417
supervision, provided in lieu of such taxes or assessments the authority 418
shall make annual payments to each municipality in which it or a 419
subsidiary corporation owns property related to the water supply 420 Substitute Bill No. 5277
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system equal to the taxes which would otherwise be due for the 421
property of the authority or such subsidiary corporation in such 422
municipality, excluding any improvements made to or constructed on 423
any such real property by the authority or such subsidiary corporation, 424
provided land owned by the authority or a subsidiary corporation 425
related to the water supply system shall be assessed in accordance with 426
section 12-63 of the general statutes, and provided further payments for 427
property acquired by the authority or a subsidiary corporation during 428
any tax year shall be adjusted for such fractional year in accordance with 429
the customary practice in such municipality for adjusting taxes between 430
the buyer and seller of real property. In addition, the authority or a 431
subsidiary corporation shall reimburse each such municipality for its 432
expenses in providing municipal services to any improvements made to 433
or constructed on any real property by the authority or such subsidiary 434
corporation within such municipality. As used in this section, 435
"improvements" does not include water pipes or improvements to water 436
pipes. 437
Sec. 10. Subsection (b) of section 22 of special act 77-98, as amended 438
by section 17 of public act 02-85, is amended to read as follows (Effective 439
from passage): 440
(b) The bonds shall be authorized by resolution of the authority and 441
shall bear such date or dates, mature at such time or times, [not 442
exceeding forty years from their respective dates,] bear interest at such 443
rates per annum, not exceeding statutory limitations, be payable at such 444
times, be in such denomination, be in such form, either coupon or 445
registered, carry such registration privileges, be executed in such 446
manner, be payable in lawful money of the United States of America, at 447
such place or places, and be subject to such terms of redemption as such 448
resolution or resolutions may provide. All bonds of the authority shall 449
be sold through a negotiated sale or a public sale to the bidder who shall 450
offer the lowest true interest cost to the authority, to be determined by 451
the authority. 452
Sec. 11. Subsection (h) of section 22 of special act 77-98, as amended 453 Substitute Bill No. 5277
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by section 17 of public act 02-85, is amended to read as follows (Effective 454
from passage): 455
(h) The authority shall have the power out of any funds available to 456
purchase, as distinguished from the power of redemption above, 457
[provided, any bonds issued by it at a price of not more than the 458
principal amount thereof and accrued interest,] and all bonds so 459
purchased shall be cancelled. 460
Sec. 12. Section 28 of special act 77-98, as amended by section 9 of 461
special act 78-24, is amended to read as follows (Effective from passage): 462
Nothing in sections 1 to 33, inclusive, of special act 77-98, as amended 463
by special act 78-24, special act 84-46 and this act shall be construed to 464
deprive the commissioner of environmental protection, the 465
commissioner of health or any successor commissioner or board of any 466
jurisdiction which such commissioners or boards may now or hereafter 467
have. Neither the public utilities control authority nor any successor 468
board or commissioner shall have jurisdiction of any kind over the 469
authority, a subsidiary corporation, the representative policy board or 470
the rates fixed or charges collected by the authority. [The authority shall 471
annually file the report required of municipalities pursuant to section 472
16-29 of the general statutes with the public utilities control authority or 473
any successor board and the clerks of the towns and cities within the 474
district.] 475
Sec. 13. Subsection (a) of section 30 of special act 77-98, as amended 476
by section 10 of special act 78-24 and section 20 of public act 02-85, is 477
amended to read as follows (Effective from passage): 478
(a) The authority or any person who is aggrieved by a decision of the 479
representative policy board with respect to the establishment of rates or 480
charges, the establishment of land use standards and disposition 481
policies, the sale or other transfer or change of use of real property, the 482
location of purification, filtration or wastewater treatment plants, the 483
commencement of any project costing more than [two] three and one-484 Substitute Bill No. 5277
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half million dollars, and as adjusted by the Consumer Price Index factor, 485
as described in section 4 of special act 77-98, as amended by special act 486
78-24, special act 84-46, public act 02-85, special act 03-11, special act 13-487
20 and this act, and subject to the approval of a majority of the weighted 488
votes of the membership of the representative policy board, excluding 489
vacancies, to repair, improve, construct, reconstruct, enlarge or extend 490
any of the properties or systems of the authority or the acquisition by 491
purchase, lease or otherwise of any existing water supply system, 492
wastewater system or part thereof, other than the purchase of all or any 493
part of the properties and franchises of the New Haven Water 494
Company, is entitled to review by the Superior Court as provided in this 495
section. For the purposes of this section, the holders of any bonds or 496
notes of the authority and any trustee acting on behalf of such holders 497
shall be deemed aggrieved persons with respect to any decision of the 498
representative policy board which violates any covenant or other 499
provision of the resolution or resolutions authorizing such bonds or 500
notes. 501
Sec. 14. Subsection (a) of section 1 of special act 03-12 is amended to 502
read as follows (Effective from passage): 503
(a) Notwithstanding any provision of the general statutes or any 504
public or special act, the South Central Connecticut Regional Water 505
Authority, created by special act 77-98, as amended, may sell, lease, 506
assign or otherwise dispose of any class I or class II land, as defined in 507
section 25-37c of the general statutes, upon which a single-family 508
dwelling or barn owned by the South Central Connecticut Regional 509
Water Authority is situated provided (1) such single-family dwelling or 510
barn was so situated prior to January 1, 1976, (2) any underground 511
storage tanks on such property have been removed, (3) the property is 512
not greater than the minimum acreage required to meet zoning 513
requirements plus any allowance necessary for setback allowances and 514
access or egress consistent with local zoning and use requirements, and, 515
if the single-family dwelling or barn is located on class I land, such 516
minimum acreage is met by utilizing class II or class III land, as defined 517 Substitute Bill No. 5277
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in section 25-37c of the general statutes, to the greatest extent possible, 518
(4) a restrictive covenant that would limit the expansion of the single-519
family dwelling or barn and restrict any activity or expansion of any 520
activity that would have a significant adverse [affect] effect on the public 521
water supply is placed on the property, and (5) for class I land, the 522
single-family dwelling or barn has historical significance, as confirmed, 523
in writing, by the Connecticut Trust for Historic Preservation or its 524
successor organization. 525
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage SA 77-98, Sec. 1
Sec. 2 from passage SA 77-98, Sec. 2
Sec. 3 from passage SA 77-98, Sec. 4
Sec. 4 from passage SA 77-98, Sec. 5
Sec. 5 from passage SA 77-98, Sec. 9
Sec. 6 from passage SA 77-98, Sec. 14
Sec. 7 from passage SA 77-98, Sec. 19
Sec. 8 from passage SA 77-98, Sec. 20
Sec. 9 from passage SA 77-98, Sec. 21(a)
Sec. 10 from passage SA 77-98, Sec. 22(b)
Sec. 11 from passage SA 77-98, Sec. 22(h)
Sec. 12 from passage SA 77-98, Sec. 28
Sec. 13 from passage SA 77-98, Sec. 30(a)
Sec. 14 from passage SA 03-12, Sec. 1(a)
Statement of Legislative Commissioners:
In Section 3(a), "1.5" was changed to "one and one-half" to conform with
standard drafting conventions; in Section 4, the second and third
sentences were reorganized for clarity; in Section 5, the second sentence
was reorganized for clarity; in Section 6, in the first sentence, "including
rates of interest on unpaid rates or charges," was added and "such rates
or charges" was changed to "such rates, [or] charges or rates of interest"
for clarity; and Section 7 was reorganized for clarity.
PD Joint Favorable Subst.