Substitute House Bill No. 5277
Special Act No. 24-7
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
special act 99-12, section 2 of public act 02-85, section 1 of special act 13-
20 and section 1 of special act 17-5, is amended to read as follows
(Effective from passage):
It is found and declared as a matter of legislative determination that
the creation of the South Central Connecticut Regional Water Authority
for the primary purpose of providing and assuring the provision of an
adequate supply of pure water and the safe disposal of wastewater at
reasonable cost within the South Central Connecticut Regional Water
District and such other areas as may be served pursuant to cooperative
agreements and acquisitions authorized by section 11 of special act 77-
98, as amended by section 5 of special act 78-24, section 3 of special act
84-46, section 7 of public act 02-85 and section 3 of [this act] special act
17-5, and, to the degree consistent with the foregoing, of advancing
water conservation and the conservation and compatible recreational
use of land held by the authority, conducting or investing in noncore
businesses, provided, at the time of any investment in such businesses,
the authority's investment, less returns of or on such investments in Substitute House Bill No. 5277
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such businesses made on and after June 30, 2013, shall not exceed the
greater of five per cent of the authority's net utility plant devoted to its
water and wastewater utility businesses or such higher amount
approved by a majority of the total weighted votes of the membership
of the representative policy board, excluding vacancies, and the
carrying out of its powers, purposes, and duties under sections 1 to 33,
inclusive, of special act 77-98, as amended by special act 78-24, special
act 84-46, sections 5 to 7, inclusive, of special act 99-12, sections 2 to 21,
inclusive, of public act 02-85, special act 13-20, special act 17-5 and this
act, and for the benefit of the people residing in the South Central
Connecticut Regional Water District and the State of Connecticut, and
for the improvement of their health, safety and welfare, that said
purposes are public purposes, and that the authority will be performing
an essential governmental function in the exercise of its powers under
sections 1 to 33, inclusive, of special act 77-98, as amended by special act
78-24, special act 84-46, sections 5 to 7, inclusive, of special act 99-12,
section 2 of public act 02-85, special act 13-20, special act 17-5 and this
act. The authority shall have the power to conduct or invest in noncore
businesses authorized pursuant to this section, either directly or
through an affiliated business entity.
Sec. 2. Section 2 of special act 77-98, as amended by section 1 of special
act 78-24, section 3 of public act 02-85, section 2 of special act 13-20 and
section 2 of special act 17-5, is amended to read as follows (Effective from
passage):
As used in sections 1 to 33, inclusive, of special act 77-98, as amended
by special act 78-24, public act 02-85, special act 13-20, special act 17-5
and this act, unless a different meaning appears in the context:
"Authority" means the South Central Connecticut Regional Water
Authority created by section 5 of special act 77-98, as amended by
section 4 of special act 78-24, public act 02-85 and special act 13-20;
"district" means the South Central Connecticut Regional Water District Substitute House Bill No. 5277
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created by section 3 of special act 77-98, as amended by section 2 of
special act 78-24; ["Representative policy board"] "representative policy
board" means the representative policy board of the South Central
Connecticut Regional Water District created by section 4 of special act
77-98, as amended by section 3 of special act 78-24; "chief executive
officer" means that full time employee of the authority responsible for
the execution of the policies of the authority and for the direction of the
other employees of the authority; "treasurer" means the treasurer of the
authority; "customer" means any person, firm, corporation, company,
association or governmental unit furnished water or wastewater service
by the authority or any owner of property who guarantees payment for
water or wastewater service to such property; "properties" means the
water supply and distribution system or systems, wastewater collection
and treatment systems and other real or personal property of the
authority; "bonds" means bonds, notes and other obligations issued by
the authority; "revenues" means all rents, charges and other income
derived from the operation of the properties of the authority;
"wastewater" means any substance, liquid or solid, which may
contaminate or pollute or affect the cleanliness or purity of any water;
"water supply system" means plants, structures and other real and
personal property acquired, constructed or operated for the purpose of
supplying water, including [land, reservoirs,] basins, dams, canals,
aqueducts, standpipes, [conduits, pipelines, mains,] pumping stations,
water distribution systems, including land, reservoirs, conduits,
pipelines, mains, compensating reservoirs, waterworks or sources of
water supply, wells, purification or filtration plants or other plants and
works, connections, rights of flowage or diversion and other plants,
structures, conveyances, real or personal property or rights therein and
appurtenances necessary or useful and convenient for the accumulation,
supply or distribution of water or for the conduct of water or
environment related activities; "wastewater system" means plants,
structures and other real and personal property acquired, constructed
or operated for the purpose of collecting, treating and discharging or Substitute House Bill No. 5277
Special Act No. 24-7 4 of 18
reusing wastewater, whether or not interconnected, including
wastewater treatment plants, pipes and conduits for collection of
wastewater, pumping stations and other plants, works, structures,
conveyances, real or personal property or rights therein and
appurtenances necessary or useful and convenient for the collection,
transmission, treatment and disposition of wastewater; "subsidiary
corporation" means a corporation organized under the general statutes
or by special act which owns or operates all or part of a water supply
system or a wastewater system within the district and all of the voting
stock of which is owned by the authority, "noncore business" means an
activity, [to be located on property other than class I or class II land
owned by the authority] including an activity conducted outside the
state of Connecticut, that is related to water, environment, agriculture,
sustainable manufacturing support, or an energy project consisting of
either a class I renewable energy source, as defined in subdivision (20)
of subsection (a) of section 16-1 of the general statutes, or a class III
source, as defined in subdivision (38) of said section, but excluding wind
sources located within the district [;] and any activity located on
property that is class I or class II land owned by the authority; and
"affiliated business entity" means a corporation, a limited liability
company or a limited partnership controlled directly or indirectly by the
authority that conducts or invests in a noncore business. A reference in
sections 1 to 33, inclusive, of special act 77-98, as amended by special act
78-24, special act 84-46, public act 02-85 and [this act] special act 13-20,
to any general statute, public act or special act shall include any
amendment or successor thereto.
Sec. 3. Section 4 of special act 77-98, as amended by section 3 of special
act 78-24, section 2 of special act 84-46, section 5 of public act 02-85,
section 2 of special act 03-11 and section 10 of special act 13-20, is
amended to read as follows (Effective from passage):
(a) There shall be a representative policy board of the South Central Substitute House Bill No. 5277
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Connecticut Regional Water District which shall consist of one elector
from each city and town within the district who shall be appointed by
the chief elected official of such city or town, with the approval of its
legislative body, and one elector of the state who shall be appointed by
the governor. Members shall serve for a term of three years commencing
July 1, except that the members first appointed shall serve terms
commencing July 1, 1977, and such members appointed from Bethany,
East Haven, Killingworth, New Haven, Orange and West Haven shall
serve until June 30, 1978, such members appointed from Branford,
Guilford, Madison, North Branford, Prospect and Woodbridge shall
serve until June 30, 1979, such members appointed from Cheshire,
Hamden, Milford, North Haven and Wallingford shall serve until June
30, 1980, and the member first appointed by the governor shall serve for
a term commencing upon appointment and ending on the third June
thirtieth thereafter; provided members shall continue to serve until their
successors are appointed and have qualified. In the event of the
resignation, death or disability of a member from any city or town or the
state, a successor may be appointed by the chief elected official of such
city or town, or in the case of the member appointed by the governor,
for the unexpired portion of the term. The chief elected official of each
such city or town may appoint a provisional member to serve until
December 1, 1977, with full authority to act as a member until said date.
Members and provisional members shall receive [one] two hundred
fifty dollars, adjusted as provided in this subsection, for each day in
which they are engaged in their duties and shall be reimbursed for their
necessary expenses incurred in the performance of their duties. Such
[one-hundred-dollar-per-day] two-hundred-fifty-dollar compensation
amount shall be adjusted on January 1, [2015] 2027, and every [fifth]
third year thereafter to reflect changes [since 2012] in the Consumer
Price Index for All Urban Consumers, Northeast Urban, All Items (1982-
84=100) published by the United States Bureau of Labor Statistics or a
comparable successor index. They shall elect a chairman and a vice-
chairman, who shall be members or provisional members of the Substitute House Bill No. 5277
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representative policy board, and a secretary. The chairman shall receive
a per diem payment of [1.5] one and one-half times the amount paid to
members and provisional members. The representative policy board
shall meet at least quarterly with the authority and such members of the
staff of the authority as the representative policy board deems
appropriate.
(b) In voting upon all matters before the representative policy board,
the vote of each member from a city or town shall be accorded a weight,
determined as follows: The sum of (1) the quotient obtained by dividing
the number of customers in the city or town from which such member
is appointed by the total number of customers in all cities and towns
from which members have been appointed, taken twice, and (2) the
quotient obtained by dividing the number of acres of land owned by the
authority within the city or town from which such member is appointed
by the total number of acres of land owned by the authority in all cities
and towns from which members have been appointed, shall be divided
by three, the quotient thereof multiplied by one hundred and the
product thereof shall be rounded to the nearest whole number. The
weighted vote of the member appointed by the governor shall be one.
For the purposes of this section, "number of customers" means the
number of premises or groups of premises treated as units for ordinary
billing or other ordinary receipt of charges by the authority and shall be
determined from the records of the authority on the last day of its
preceding fiscal year and "number of acres of land" means the number
of acres of land rounded to the nearest whole number as may appear on
the records of the authority on the last day of its preceding fiscal year.
Notwithstanding the foregoing, prior to the first day of the fiscal year of
the authority commencing after the acquisition by the authority of a
water supply system, the weighted vote of each member of the
representative policy board from a city or town shall be as follows:
Bethany, four; Branford, seven; Cheshire, three; East Haven, six;
Guilford, four; Hamden, twelve; Killingworth, one; Madison, six; Substitute House Bill No. 5277
Special Act No. 24-7 7 of 18
Milford, eleven; New Haven, seventeen; North Branford, eight; North
Haven, four; Orange, three; Prospect, one; Wallingford, one; West
Haven, ten; and Woodbridge, two. Whenever a vote is taken on any
matter by the representative policy board, the vote shall be determined
in accordance with this subsection. Members of the representative
policy board holding a majority of the votes so weighted shall constitute
a quorum.
(c) The representative policy board shall adopt and may amend such
rules of procedure and bylaws for the conduct of its affairs as it deems
appropriate. It shall establish (1) a standing committee on land use and
management to consult with the authority on all matters of land use and
management, including acquisition and sale, recreational use, cutting of
timber and other products, mining and quarrying; (2) a standing
committee on finance to consult with the authority on matters relating
to financial and budgetary matters and the establishment of rates; and
(3) a standing committee on consumer affairs to consult with the
authority and the officer of consumer affairs established pursuant to
section 15 of special act 77-98 on matters concerning the interests of
people residing within the district. The representative policy board may
appoint such other committees as it considers convenient from time to
time.
(d) The representative policy board of the South Central Connecticut
Regional Water District shall also include a member from each of the
cities of Ansonia and Derby and the towns of Beacon Falls, Oxford and
Seymour, each appointed in the manner set forth in subsection (a) of this
section. The members first appointed shall serve from the date of their
appointment until June 30, 1985, in the case of Seymour; until June 30,
1986, in the case of Beacon Falls; and until June 30, 1987, in the case of
Ansonia, Derby and Oxford. Such members may participate in meetings
of the representative policy board notwithstanding such towns and
cities will not become members of the South Central Connecticut Substitute House Bill No. 5277
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Regional Water District until the effective date of the acquisition of the
Ansonia Derby Water Company by the South Central Connecticut
Regional Water Authority but, until such effective date, such members
may vote only on matters concerning the fixing of rates and charges to
support the financing of such acquisition. The weighted vote of such
members shall be determined in the manner set forth in subsection (b)
of this section as if such acquisition had occurred. This subsection shall
have no further force and effect after the effective date of such
acquisition or June 30, 1987, whichever occurs first.
(e) Upon the expansion of the South Central Connecticut Regional
Water District to include the area and territory of the town of Wolcott,
the representative policy board shall include one member from the town
of Wolcott appointed in the manner described in subsection (a) of this
section. Such member shall serve for an initial term ending on June 30,
2005, or such later time as the member's successor shall be appointed
and qualified. The weighted vote of such member shall be determined
in the manner set forth in subsection (b) of this section, provided in no
event shall such weighted vote be less than one.
Sec. 4. Section 5 of special act 77-98, as amended by section 4 of special
act 78-24, is amended to read as follows (Effective from passage):
A public corporation, to be known as the "South Central Connecticut
Regional Water Authority," constituting a public instrumentality and
political subdivision, is created for the purposes, charged with the
duties and granted the powers provided in sections 1 to 33, inclusive, of
special act 77-98, as amended by special act 78-24 and this act. [The] On
and before December 31, 2024, the authority shall consist of five
members who shall be residents of the district and not be members of
the representative policy board. [, who] On and after January 1, 2025,
the authority shall consist of seven members who shall reside in
Connecticut and not be members of the representative policy board, and
not fewer than five such members shall be residents of the district. [and Substitute House Bill No. 5277
Special Act No. 24-7 9 of 18
who shall] All members shall be appointed without regard to political
affiliation by a majority of the total votes of those members of the
representative policy board present at a meeting at which [members of
said board holding two-thirds of the total votes are present] at least two-
thirds of the weighted vote, excluding vacancies, is present, for terms of
five years, not to exceed four consecutive full terms, and until their
successors are appointed and have qualified, except that of the members
first appointed, one shall be appointed for a term ending January 1, 1983,
one for a term ending January 1, 1982, one for a term ending January 1,
1981, one for a term ending January 1, 1980, and one for a term ending
January l, 1979. The sixth member first appointed shall be appointed for
a three-year term ending January 1, 2028, and the seventh member first
appointed shall be appointed for a five-year term ending January 1,
2030. Any vacancy occurring on the authority shall be filled in the same
manner for the unexpired portion of the term. Any member of the
authority may be removed from office by the representative policy
board for cause. Members of the authority shall receive such
compensation [for their services as shall be fixed by the representative
policy board] to be adjusted every three years by the Consumer Price
Index factor, as described in section 4 of special act 77-98, as amended
by special act 78-24, special act 84-46, public act 02-85, special act 03-11,
special act 13-20 and this act, if approved by the majority of weighted
votes of the membership of the representative policy board, excluding
vacancies, and shall be reimbursed for their necessary expenses
incurred in performance of their duties.
Sec. 5. Section 9 of special act 77-98 is amended to read as follows
(Effective from passage):
The authority shall meet at least [monthly] quarterly. Except as the
bylaws of the authority may provide in emergency situations, the
powers of the authority shall be exercised by the members at a meeting
duly called and held. [Three] On and before December 31, 2024, three Substitute House Bill No. 5277
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members shall constitute a quorum, and on and after January 1, 2025,
four members shall constitute a quorum, and no action shall be taken
except pursuant to the affirmative vote of [at least three members] a
quorum. The authority may delegate to one or more of its members,
officers, agents or employees such powers and duties as it may deem
proper.
Sec. 6. Section 14 of special act 77-98, as amended by section 6 of
special act 78-24, section 6 of special act 99-12, section 10 of public act
02-85 and section 5 of special act 17-5, is amended to read as follows
(Effective from passage):
With the approval of the representative policy board, the authority
shall establish just and equitable rates or charges for the use of the water
supply system and the wastewater system authorized herein, to be paid
by any customer, including rates of interest on unpaid rates or charges,
and may change such rates, [or] charges or rates of interest from time to
time. Such water supply system rates or charges shall be established so
as to provide funds sufficient in each year, with other water supply
related revenues, if any, (a) to pay the cost of maintaining, repairing and
operating the water supply system and each and every portion thereof,
to the extent that adequate provision for the payment of such cost has
not otherwise been made, (b) to pay the principal of and the interest on
outstanding water supply bonds of the authority as the same shall
become due and payable, (c) to meet any requirements of any resolution
authorizing, or trust agreement securing, such bonds of the authority,
(d) to make payments in lieu of taxes as provided in section 21 of special
act 77-98, as amended by section 8 of special act 78-24 and public act 02-
85, as the same become due and payable, upon the water supply system
properties of the authority or of a subsidiary corporation to the
municipalities in which such properties are situated, (e) to provide for
the maintenance, conservation and appropriate recreational use of the
land of the authority, and (f) to pay all other reasonable and necessary Substitute House Bill No. 5277
Special Act No. 24-7 11 of 18
expenses of the authority and of the representative policy board to the
extent that such expenses are allocable to the water supply system
activities of the authority and the representative policy board. Such
wastewater system rates or charges shall be established so as to provide
funds sufficient in each year with other wastewater related revenues, if
any, (1) to pay the cost of maintaining, repairing and operating the
wastewater system and each and every portion thereof, to the extent that
adequate provision for the payment of such cost has not otherwise been
made, (2) to pay the principal of and the interest on outstanding
wastewater bonds of the authority as the same shall become due and
payable, (3) to meet any requirements of any resolution authorizing, or
trust agreement securing, such bonds of the authority, (4) to pay all
other reasonable and necessary expenses of the authority and of the
representative policy board to the extent that such expenses are
allocable to the wastewater activities of the authority and of the
representative policy board. No such rate or charge shall be established
until it has been approved by the representative policy board, after said
board has held a public hearing at which all the users of the waterworks
system or the wastewater system, the owners of property served or to
be served and others interested have had an opportunity to be heard
concerning such proposed rate or charge. The representative policy
board shall approve such rates and charges unless it finds that such rates
and charges will provide funds in excess of the amounts required for the
purposes described previously in this section, or unless it finds that such
rates and charges will provide funds insufficient for such purposes. The
rates or charges so established for any class of users or property served
shall be extended to cover any additional premises thereafter served
which are within the same class, without the necessity of a hearing
thereon. Any change in such rates or charges shall be made in the same
manner in which they were established. The rates or charges levied
upon any customer of any water supply system acquired pursuant to
subsection (d) of section 11 of special act 77-98, as amended by section 5
of special act 78-24, section 3 of special act 84-46, public act 02-85 and Substitute House Bill No. 5277
Special Act No. 24-7 12 of 18
[this act] special act 17-5 or served pursuant to a cooperative agreement
pursuant to subsection (m) of said section 11 shall not be required to be
equalized with the authority's existing rates, but may be set on a
separate basis, provided such rates are just, equitable and
nondiscriminatory. Such rates or charges, if not paid when due, shall
constitute a lien upon the premises served and a charge against the
owners thereof, which lien and charge shall bear interest [at the same]
not to exceed the maximum rate as would be allowed for unpaid taxes.
Such lien shall take precedence over all other liens or encumbrances
except taxes and may be foreclosed against the lot or building served in
the same manner as a lien for taxes, provided all such liens shall
continue until such time as they shall be discharged or foreclosed by the
authority without the necessity of filing certificates of continuation, but
in no event for longer than fifteen years. The amount of any such rate or
charge which remains due and unpaid [for thirty days may] after
twenty-eight days, which number of days may be changed with the
approval of the majority of the weighted votes of the membership of the
representative policy board, excluding vacancies, with interest thereon
at a rate approved by the representative policy board but not to exceed
the maximum interest rate allowed pursuant to the Connecticut general
statutes for unpaid property taxes and with reasonable attorneys' fees,
be recovered by the authority in a civil action in the name of the
authority against such owners. Any municipality shall be subject to the
same rate or charges under the same conditions as other users of the
water supply system or the wastewater system. The assets or the
revenues of the water system shall not be available to satisfy debts,
judgments or other obligations arising out of the operation of the
wastewater system and the assets or the revenues of the wastewater
system shall not be available to satisfy debts, judgments or other
obligations arising out of the operation of the water system.
Sec. 7. Section 19 of special act 77-98, as amended by section 15 of
public act 02-85, section 6 of special act 13-20 and section 9 of special act Substitute House Bill No. 5277
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17-5, is amended to read as follows (Effective from passage):
The authority shall not (1) acquire, by purchase, lease or otherwise,
any existing water supply system or parts thereof or any wastewater
system or parts thereof, (2) commence any project costing more than
[two] three and one-half million dollars to repair, improve, construct,
reconstruct, enlarge and extend any of its properties or systems, or (3)
acquire or make a subsequent investment in any noncore business in an
amount more than one and one-half million dollars without the
approval, following a public hearing, of a majority of the total weighted
votes of the membership of the representative policy board, excluding
vacancies. The dollar amounts specified in subdivisions (2) and (3) of
this section shall be adjusted every three years by the Consumer Price
Index factor, as described in section 4 of special act 77-98, as amended
by special act 78-24, special act 84-46, public act 02-85, special act 03-11,
special act 13-20 and this act, with the approval of a majority of the
weighted votes of the membership of the representative policy board,
excluding vacancies. In the case of the first acquisition by the authority
of an existing water supply system or part thereof, after such approval
by the representative policy board the authority shall file with the town
clerk of each city and town in the district its plan for such acquisition.
The legislative body of each such city and town shall approve or
disapprove such acquisition plan within sixty days after such filing,
provided failure to disapprove within such sixty days shall be deemed
approval of such acquisition plan. The authority shall not first acquire
an existing water supply system or part thereof except in accordance
with an acquisition plan approved by at least sixty per cent of such
legislative bodies.
Sec. 8. Section 20 of special act 77-98 is amended to read as follows
(Effective from passage):
(a) The authority shall have an annual audit of its accounts, books
and records by a certified public accountant selected by the Substitute House Bill No. 5277
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representative policy board. A copy of the audit shall be filed in the
office of the town clerk in each town within the district [and with the
public utilities control authority,] and shall be available for public
inspection during the ordinary business hours of the authority at the
principal office of the authority. A concise financial statement shall be
[published annually, at least once, in a newspaper of general circulation
in the municipality where the principal office of the authority is located.
If such publication is not made by the authority, the representative
policy board shall publish such statement at the expense of the
authority] posted annually on the South Central Connecticut Water
Authority's Internet web site.
(b) The attorney general may examine the books, accounts and
records of the authority.
Sec. 9. Subsection (a) of section 21 of special act 77-98, as amended by
special act 78-24 and section 16 of public act 02-85, is amended to read
as follows (Effective from passage):
(a) Neither the authority nor a subsidiary corporation or an affiliated
business entity shall be required to pay taxes or assessments upon any
of the properties acquired by it or under its jurisdiction, control or
supervision, provided in lieu of such taxes or assessments the authority
shall make annual payments to each municipality in which it or a
subsidiary corporation owns property related to the water supply
system equal to the taxes which would otherwise be due for the
property of the authority or such subsidiary corporation in such
municipality, excluding any improvements made to or constructed on
any such real property by the authority or such subsidiary corporation,
provided land owned by the authority or a subsidiary corporation
related to the water supply system shall be assessed in accordance with
section 12-63 of the general statutes, and provided further payments for
property acquired by the authority or a subsidiary corporation during
any tax year shall be adjusted for such fractional year in accordance with Substitute House Bill No. 5277
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the customary practice in such municipality for adjusting taxes between
the buyer and seller of real property. In addition, the authority or a
subsidiary corporation shall reimburse each such municipality for its
expenses in providing municipal services to any improvements made to
or constructed on any real property by the authority or such subsidiary
corporation within such municipality. As used in this section,
"improvements" does not include water pipes or improvements to water
pipes.
Sec. 10. Subsection (b) of section 22 of special act 77-98, as amended
by section 17 of public act 02-85, is amended to read as follows (Effective
from passage):
(b) The bonds shall be authorized by resolution of the authority and
shall bear such date or dates, mature at such time or times, [not
exceeding forty years from their respective dates,] bear interest at such
rates per annum, not exceeding statutory limitations, be payable at such
times, be in such denomination, be in such form, either coupon or
registered, carry such registration privileges, be executed in such
manner, be payable in lawful money of the United States of America, at
such place or places, and be subject to such terms of redemption as such
resolution or resolutions may provide. All bonds of the authority shall
be sold through a negotiated sale or a public sale to the bidder who shall
offer the lowest true interest cost to the authority, to be determined by
the authority.
Sec. 11. Subsection (h) of section 22 of special act 77-98, as amended
by section 17 of public act 02-85, is amended to read as follows (Effective
from passage):
(h) The authority shall have the power out of any funds available to
purchase, as distinguished from the power of redemption above,
[provided, any bonds issued by it at a price of not more than the
principal amount thereof and accrued interest,] and all bonds so Substitute House Bill No. 5277
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purchased shall be cancelled.
Sec. 12. Section 28 of special act 77-98, as amended by section 9 of
special act 78-24, is amended to read as follows (Effective from passage):
Nothing in sections 1 to 33, inclusive, of special act 77-98, as amended
by special act 78-24, special act 84-46 and this act shall be construed to
deprive the commissioner of environmental protection, the
commissioner of health or any successor commissioner or board of any
jurisdiction which such commissioners or boards may now or hereafter
have. Neither the public utilities control authority nor any successor
board or commissioner shall have jurisdiction of any kind over the
authority, a subsidiary corporation, the representative policy board or
the rates fixed or charges collected by the authority. [The authority shall
annually file the report required of municipalities pursuant to section
16-29 of the general statutes with the public utilities control authority or
any successor board and the clerks of the towns and cities within the
district.]
Sec. 13. Subsection (a) of section 30 of special act 77-98, as amended
by section 10 of special act 78-24 and section 20 of public act 02-85, is
amended to read as follows (Effective from passage):
(a) The authority or any person who is aggrieved by a decision of the
representative policy board with respect to the establishment of rates or
charges, the establishment of land use standards and disposition
policies, the sale or other transfer or change of use of real property, the
location of purification, filtration or wastewater treatment plants, the
commencement of any project costing more than [two] three and one-
half million dollars, and as adjusted by the Consumer Price Index factor,
as described in section 4 of special act 77-98, as amended by special act
78-24, special act 84-46, public act 02-85, special act 03-11, special act 13-
20 and this act, and subject to the approval of a majority of the weighted
votes of the membership of the representative policy board, excluding Substitute House Bill No. 5277
Special Act No. 24-7 17 of 18
vacancies, to repair, improve, construct, reconstruct, enlarge or extend
any of the properties or systems of the authority or the acquisition by
purchase, lease or otherwise of any existing water supply system,
wastewater system or part thereof, other than the purchase of all or any
part of the properties and franchises of the New Haven Water
Company, is entitled to review by the Superior Court as provided in this
section. For the purposes of this section, the holders of any bonds or
notes of the authority and any trustee acting on behalf of such holders
shall be deemed aggrieved persons with respect to any decision of the
representative policy board which violates any covenant or other
provision of the resolution or resolutions authorizing such bonds or
notes.
Sec. 14. Subsection (a) of section 1 of special act 03-12 is amended to
read as follows (Effective from passage):
(a) Notwithstanding any provision of the general statutes or any
public or special act, the South Central Connecticut Regional Water
Authority, created by special act 77-98, as amended, may sell, lease,
assign or otherwise dispose of any class I or class II land, as defined in
section 25-37c of the general statutes, upon which a single-family
dwelling or barn owned by the South Central Connecticut Regional
Water Authority is situated provided (1) such single-family dwelling or
barn was so situated prior to January 1, 1976, (2) any underground
storage tanks on such property have been removed, (3) the property is
not greater than the minimum acreage required to meet zoning
requirements plus any allowance necessary for setback allowances and
access or egress consistent with local zoning and use requirements, and,
if the single-family dwelling or barn is located on class I land, such
minimum acreage is met by utilizing class II or class III land, as defined
in section 25-37c of the general statutes, to the greatest extent possible,
(4) a restrictive covenant that would limit the expansion of the single-
family dwelling or barn and restrict any activity or expansion of any Substitute House Bill No. 5277
Special Act No. 24-7 18 of 18
activity that would have a significant adverse [affect] effect on the public
water supply is placed on the property, and (5) for class I land, the
single-family dwelling or barn has historical significance, as confirmed,
in writing, by the Connecticut Trust for Historic Preservation or its
successor organization.