Connecticut 2024 Regular Session

Connecticut House Bill HB05277 Compare Versions

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Version 2 (New)

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3	6
4		-	Substitute House Bill No. 5277
	7	+	General Assembly Substitute Bill No. 5277
	8	+	February Session, 2024
5	9
6		-	~~Special Act No. 24-7~~
	10	+
7	11
8	12
9	13		AN ACT AMENDING THE CHARTER OF THE SOUTH CENTRAL
10	14		CONNECTICUT WATER AUTHORITY.
11	15		Be it enacted by the Senate and House of Representatives in General
12	16		Assembly convened:
13	17
14		-	Section 1. Section 1 of special act 77-98, as amended by section 5 of
15		-	special act 99-12, section 2 of public act 02-85, section 1 of special act 13-
16		-	20 and section 1 of special act 17-5, is amended to read as follows
17		-	(Effective from passage):
18		-	It is found and declared as a matter of legislative determination that
19		-	the creation of the South Central Connecticut Regional Water Authority
20		-	for the primary purpose of providing and assuring the provision of an
21		-	adequate supply of pure water and the safe disposal of wastewater at
22		-	reasonable cost within the South Central Connecticut Regional Water
23		-	District and such other areas as may be served pursuant to cooperative
24		-	agreements and acquisitions authorized by section 11 of special act 77-
25		-	98, as amended by section 5 of special act 78-24, section 3 of special act
26		-	84-46, section 7 of public act 02-85 and section 3 of [this act] special act
27		-	17-5, and, to the degree consistent with the foregoing, of advancing
28		-	water conservation and the conservation and compatible recreational
29		-	use of land held by the authority, conducting or investing in noncore
30		-	businesses, provided, at the time of any investment in such businesses,
31		-	the authority's investment, less returns of or on such investments in Substitute House Bill No. 5277
	18	+	Section 1. Section 1 of special act 77-98, as amended by section 5 of 1
	19	+	special act 99-12, section 2 of public act 02-85, section 1 of special act 13-2
	20	+	20 and section 1 of special act 17-5, is amended to read as follows 3
	21	+	(Effective from passage): 4
	22	+	It is found and declared as a matter of legislative determination that 5
	23	+	the creation of the South Central Connecticut Regional Water Authority 6
	24	+	for the primary purpose of providing and assuring the provision of an 7
	25	+	adequate supply of pure water and the safe disposal of wastewater at 8
	26	+	reasonable cost within the South Central Connecticut Regional Water 9
	27	+	District and such other areas as may be served pursuant to cooperative 10
	28	+	agreements and acquisitions authorized by section 11 of special act 77-11
	29	+	98, as amended by section 5 of special act 78-24, section 3 of special act 12
	30	+	84-46, section 7 of public act 02-85 and section 3 of [this act] special act 13
	31	+	17-5, and, to the degree consistent with the foregoing, of advancing 14
	32	+	water conservation and the conservation and compatible recreational 15
	33	+	use of land held by the authority, conducting or investing in noncore 16
	34	+	businesses, provided, at the time of any investment in such businesses, 17
	35	+	the authority's investment, less returns of or on such investments in 18
	36	+	such businesses made on and after June 30, 2013, shall not exceed the 19 Substitute Bill No. 5277
32	37
33		-	Special Act No. 24-7 2 of 18
34	38
35		-	such businesses made on and after June 30, 2013, shall not exceed the
36		-	greater of five per cent of the authority's net utility plant devoted to its
37		-	water and wastewater utility businesses or such higher amount
38		-	approved by a majority of the total weighted votes of the membership
39		-	of the representative policy board, excluding vacancies, and the
40		-	carrying out of its powers, purposes, and duties under sections 1 to 33,
41		-	inclusive, of special act 77-98, as amended by special act 78-24, special
42		-	act 84-46, sections 5 to 7, inclusive, of special act 99-12, sections 2 to 21,
43		-	inclusive, of public act 02-85, special act 13-20, special act 17-5 and this
44		-	act, and for the benefit of the people residing in the South Central
45		-	Connecticut Regional Water District and the State of Connecticut, and
46		-	for the improvement of their health, safety and welfare, that said
47		-	purposes are public purposes, and that the authority will be performing
48		-	an essential governmental function in the exercise of its powers under
49		-	sections 1 to 33, inclusive, of special act 77-98, as amended by special act
50		-	78-24, special act 84-46, sections 5 to 7, inclusive, of special act 99-12,
51		-	section 2 of public act 02-85, special act 13-20, special act 17-5 and this
52		-	act. The authority shall have the power to conduct or invest in noncore
53		-	businesses authorized pursuant to this section, either directly or
54		-	through an affiliated business entity.
55		-	Sec. 2. Section 2 of special act 77-98, as amended by section 1 of special
56		-	act 78-24, section 3 of public act 02-85, section 2 of special act 13-20 and
57		-	section 2 of special act 17-5, is amended to read as follows (Effective from
58		-	passage):
59		-	As used in sections 1 to 33, inclusive, of special act 77-98, as amended
60		-	by special act 78-24, public act 02-85, special act 13-20, special act 17-5
61		-	and this act, unless a different meaning appears in the context:
62		-	"Authority" means the South Central Connecticut Regional Water
63		-	Authority created by section 5 of special act 77-98, as amended by
64		-	section 4 of special act 78-24, public act 02-85 and special act 13-20;
65		-	"district" means the South Central Connecticut Regional Water District Substitute House Bill No. 5277
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	41	+	2 of 17
66	42
67		-	Special Act No. 24-7 3 of 18
	43	+	greater of five per cent of the authority's net utility plant devoted to its 20
	44	+	water and wastewater utility businesses or such higher amount 21
	45	+	approved by a majority of the total weighted votes of the membership 22
	46	+	of the representative policy board, excluding vacancies, and the 23
	47	+	carrying out of its powers, purposes, and duties under sections 1 to 33, 24
	48	+	inclusive, of special act 77-98, as amended by special act 78-24, special 25
	49	+	act 84-46, sections 5 to 7, inclusive, of special act 99-12, sections 2 to 21, 26
	50	+	inclusive, of public act 02-85, special act 13-20, special act 17-5 and this 27
	51	+	act, and for the benefit of the people residing in the South Central 28
	52	+	Connecticut Regional Water District and the State of Connecticut, and 29
	53	+	for the improvement of their health, safety and welfare, that said 30
	54	+	purposes are public purposes, and that the authority will be performing 31
	55	+	an essential governmental function in the exercise of its powers under 32
	56	+	sections 1 to 33, inclusive, of special act 77-98, as amended by special act 33
	57	+	78-24, special act 84-46, sections 5 to 7, inclusive, of special act 99-12, 34
	58	+	section 2 of public act 02-85, special act 13-20, special act 17-5 and this 35
	59	+	act. The authority shall have the power to conduct or invest in noncore 36
	60	+	businesses authorized pursuant to this section, either directly or 37
	61	+	through an affiliated business entity. 38
	62	+	Sec. 2. Section 2 of special act 77-98, as amended by section 1 of special 39
	63	+	act 78-24, section 3 of public act 02-85, section 2 of special act 13-20 and 40
	64	+	section 2 of special act 17-5, is amended to read as follows (Effective from 41
	65	+	passage): 42
	66	+	As used in sections 1 to 33, inclusive, of special act 77-98, as amended 43
	67	+	by special act 78-24, public act 02-85, special act 13-20, special act 17-5 44
	68	+	and this act, unless a different meaning appears in the context: 45
	69	+	"Authority" means the South Central Connecticut Regional Water 46
	70	+	Authority created by section 5 of special act 77-98, as amended by 47
	71	+	section 4 of special act 78-24, public act 02-85 and special act 13-20; 48
	72	+	"district" means the South Central Connecticut Regional Water District 49
	73	+	created by section 3 of special act 77-98, as amended by section 2 of 50
	74	+	special act 78-24; ["Representative policy board"] "representative policy 51
	75	+	board" means the representative policy board of the South Central 52 Substitute Bill No. 5277
68	76
69		-	created by section 3 of special act 77-98, as amended by section 2 of
70		-	special act 78-24; ["Representative policy board"] "representative policy
71		-	board" means the representative policy board of the South Central
72		-	Connecticut Regional Water District created by section 4 of special act
73		-	77-98, as amended by section 3 of special act 78-24; "chief executive
74		-	officer" means that full time employee of the authority responsible for
75		-	the execution of the policies of the authority and for the direction of the
76		-	other employees of the authority; "treasurer" means the treasurer of the
77		-	authority; "customer" means any person, firm, corporation, company,
78		-	association or governmental unit furnished water or wastewater service
79		-	by the authority or any owner of property who guarantees payment for
80		-	water or wastewater service to such property; "properties" means the
81		-	water supply and distribution system or systems, wastewater collection
82		-	and treatment systems and other real or personal property of the
83		-	authority; "bonds" means bonds, notes and other obligations issued by
84		-	the authority; "revenues" means all rents, charges and other income
85		-	derived from the operation of the properties of the authority;
86		-	"wastewater" means any substance, liquid or solid, which may
87		-	contaminate or pollute or affect the cleanliness or purity of any water;
88		-	"water supply system" means plants, structures and other real and
89		-	personal property acquired, constructed or operated for the purpose of
90		-	supplying water, including [land, reservoirs,] basins, dams, canals,
91		-	aqueducts, standpipes, [conduits, pipelines, mains,] pumping stations,
92		-	water distribution systems, including land, reservoirs, conduits,
93		-	pipelines, mains, compensating reservoirs, waterworks or sources of
94		-	water supply, wells, purification or filtration plants or other plants and
95		-	works, connections, rights of flowage or diversion and other plants,
96		-	structures, conveyances, real or personal property or rights therein and
97		-	appurtenances necessary or useful and convenient for the accumulation,
98		-	supply or distribution of water or for the conduct of water or
99		-	environment related activities; "wastewater system" means plants,
100		-	structures and other real and personal property acquired, constructed
101		-	or operated for the purpose of collecting, treating and discharging or Substitute House Bill No. 5277
102	77
103		-	Special Act No. 24-7 4 of 18
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104	81
105		-	reusing wastewater, whether or not interconnected, including
106		-	wastewater treatment plants, pipes and conduits for collection of
107		-	wastewater, pumping stations and other plants, works, structures,
108		-	conveyances, real or personal property or rights therein and
109		-	appurtenances necessary or useful and convenient for the collection,
110		-	transmission, treatment and disposition of wastewater; "subsidiary
111		-	corporation" means a corporation organized under the general statutes
112		-	or by special act which owns or operates all or part of a water supply
113		-	system or a wastewater system within the district and all of the voting
114		-	stock of which is owned by the authority, "noncore business" means an
115		-	activity, [to be located on property other than class I or class II land
116		-	owned by the authority] including an activity conducted outside the
117		-	state of Connecticut, that is related to water, environment, agriculture,
118		-	sustainable manufacturing support, or an energy project consisting of
119		-	either a class I renewable energy source, as defined in subdivision (20)
120		-	of subsection (a) of section 16-1 of the general statutes, or a class III
121		-	source, as defined in subdivision (38) of said section, but excluding wind
122		-	sources located within the district [;] and any activity located on
123		-	property that is class I or class II land owned by the authority; and
124		-	"affiliated business entity" means a corporation, a limited liability
125		-	company or a limited partnership controlled directly or indirectly by the
126		-	authority that conducts or invests in a noncore business. A reference in
127		-	sections 1 to 33, inclusive, of special act 77-98, as amended by special act
128		-	78-24, special act 84-46, public act 02-85 and [this act] special act 13-20,
129		-	to any general statute, public act or special act shall include any
130		-	amendment or successor thereto.
131		-	Sec. 3. Section 4 of special act 77-98, as amended by section 3 of special
132		-	act 78-24, section 2 of special act 84-46, section 5 of public act 02-85,
133		-	section 2 of special act 03-11 and section 10 of special act 13-20, is
134		-	amended to read as follows (Effective from passage):
135		-	(a) There shall be a representative policy board of the South Central Substitute House Bill No. 5277
	82	+	Connecticut Regional Water District created by section 4 of special act 53
	83	+	77-98, as amended by section 3 of special act 78-24; "chief executive 54
	84	+	officer" means that full time employee of the authority responsible for 55
	85	+	the execution of the policies of the authority and for the direction of the 56
	86	+	other employees of the authority; "treasurer" means the treasurer of the 57
	87	+	authority; "customer" means any person, firm, corporation, company, 58
	88	+	association or governmental unit furnished water or wastewater service 59
	89	+	by the authority or any owner of property who guarantees payment for 60
	90	+	water or wastewater service to such property; "properties" means the 61
	91	+	water supply and distribution system or systems, wastewater collection 62
	92	+	and treatment systems and other real or personal property of the 63
	93	+	authority; "bonds" means bonds, notes and other obligations issued by 64
	94	+	the authority; "revenues" means all rents, charges and other income 65
	95	+	derived from the operation of the properties of the authority; 66
	96	+	"wastewater" means any substance, liquid or solid, which may 67
	97	+	contaminate or pollute or affect the cleanliness or purity of any water; 68
	98	+	"water supply system" means plants, structures and other real and 69
	99	+	personal property acquired, constructed or operated for the purpose of 70
	100	+	supplying water, including [land, reservoirs,] basins, dams, canals, 71
	101	+	aqueducts, standpipes, [conduits, pipelines, mains,] pumping stations, 72
	102	+	water distribution systems, including land, reservoirs, conduits, 73
	103	+	pipelines, mains, compensating reservoirs, waterworks or sources of 74
	104	+	water supply, wells, purification or filtration plants or other plants and 75
	105	+	works, connections, rights of flowage or diversion and other plants, 76
	106	+	structures, conveyances, real or personal property or rights therein and 77
	107	+	appurtenances necessary or useful and convenient for the accumulation, 78
	108	+	supply or distribution of water or for the conduct of water or 79
	109	+	environment related activities; "wastewater system" means plants, 80
	110	+	structures and other real and personal property acquired, constructed 81
	111	+	or operated for the purpose of collecting, treating and discharging or 82
	112	+	reusing wastewater, whether or not interconnected, including 83
	113	+	wastewater treatment plants, pipes and conduits for collection of 84
	114	+	wastewater, pumping stations and other plants, works, structures, 85
	115	+	conveyances, real or personal property or rights therein and 86
	116	+	appurtenances necessary or useful and convenient for the collection, 87 Substitute Bill No. 5277
136	117
137		-	Special Act No. 24-7 5 of 18
138	118
139		-	Connecticut Regional Water District which shall consist of one elector
140		-	from each city and town within the district who shall be appointed by
141		-	the chief elected official of such city or town, with the approval of its
142		-	legislative body, and one elector of the state who shall be appointed by
143		-	the governor. Members shall serve for a term of three years commencing
144		-	July 1, except that the members first appointed shall serve terms
145		-	commencing July 1, 1977, and such members appointed from Bethany,
146		-	East Haven, Killingworth, New Haven, Orange and West Haven shall
147		-	serve until June 30, 1978, such members appointed from Branford,
148		-	Guilford, Madison, North Branford, Prospect and Woodbridge shall
149		-	serve until June 30, 1979, such members appointed from Cheshire,
150		-	Hamden, Milford, North Haven and Wallingford shall serve until June
151		-	30, 1980, and the member first appointed by the governor shall serve for
152		-	a term commencing upon appointment and ending on the third June
153		-	thirtieth thereafter; provided members shall continue to serve until their
154		-	successors are appointed and have qualified. In the event of the
155		-	resignation, death or disability of a member from any city or town or the
156		-	state, a successor may be appointed by the chief elected official of such
157		-	city or town, or in the case of the member appointed by the governor,
158		-	for the unexpired portion of the term. The chief elected official of each
159		-	such city or town may appoint a provisional member to serve until
160		-	December 1, 1977, with full authority to act as a member until said date.
161		-	Members and provisional members shall receive [one] two hundred
162		-	fifty dollars, adjusted as provided in this subsection, for each day in
163		-	which they are engaged in their duties and shall be reimbursed for their
164		-	necessary expenses incurred in the performance of their duties. Such
165		-	[one-hundred-dollar-per-day] two-hundred-fifty-dollar compensation
166		-	amount shall be adjusted on January 1, [2015] 2027, and every [fifth]
167		-	third year thereafter to reflect changes [since 2012] in the Consumer
168		-	Price Index for All Urban Consumers, Northeast Urban, All Items (1982-
169		-	84=100) published by the United States Bureau of Labor Statistics or a
170		-	comparable successor index. They shall elect a chairman and a vice-
171		-	chairman, who shall be members or provisional members of the Substitute House Bill No. 5277
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172	122
173		-	Special Act No. 24-7 6 of 18
	123	+	transmission, treatment and disposition of wastewater; "subsidiary 88
	124	+	corporation" means a corporation organized under the general statutes 89
	125	+	or by special act which owns or operates all or part of a water supply 90
	126	+	system or a wastewater system within the district and all of the voting 91
	127	+	stock of which is owned by the authority, "noncore business" means an 92
	128	+	activity, [to be located on property other than class I or class II land 93
	129	+	owned by the authority] including an activity conducted outside the 94
	130	+	state of Connecticut, that is related to water, environment, agriculture, 95
	131	+	sustainable manufacturing support, or an energy project consisting of 96
	132	+	either a class I renewable energy source, as defined in subdivision (20) 97
	133	+	of subsection (a) of section 16-1 of the general statutes, or a class III 98
	134	+	source, as defined in subdivision (38) of said section, but excluding wind 99
	135	+	sources located within the district [;] and any activity located on 100
	136	+	property that is class I or class II land owned by the authority; and 101
	137	+	"affiliated business entity" means a corporation, a limited liability 102
	138	+	company or a limited partnership controlled directly or indirectly by the 103
	139	+	authority that conducts or invests in a noncore business. A reference in 104
	140	+	sections 1 to 33, inclusive, of special act 77-98, as amended by special act 105
	141	+	78-24, special act 84-46, public act 02-85 and [this act] special act 13-20, 106
	142	+	to any general statute, public act or special act shall include any 107
	143	+	amendment or successor thereto. 108
	144	+	Sec. 3. Section 4 of special act 77-98, as amended by section 3 of special 109
	145	+	act 78-24, section 2 of special act 84-46, section 5 of public act 02-85, 110
	146	+	section 2 of special act 03-11 and section 10 of special act 13-20, is 111
	147	+	amended to read as follows (Effective from passage): 112
	148	+	(a) There shall be a representative policy board of the South Central 113
	149	+	Connecticut Regional Water District which shall consist of one elector 114
	150	+	from each city and town within the district who shall be appointed by 115
	151	+	the chief elected official of such city or town, with the approval of its 116
	152	+	legislative body, and one elector of the state who shall be appointed by 117
	153	+	the governor. Members shall serve for a term of three years commencing 118
	154	+	July 1, except that the members first appointed shall serve terms 119
	155	+	commencing July 1, 1977, and such members appointed from Bethany, 120 Substitute Bill No. 5277
174	156
175		-	representative policy board, and a secretary. The chairman shall receive
176		-	a per diem payment of [1.5] one and one-half times the amount paid to
177		-	members and provisional members. The representative policy board
178		-	shall meet at least quarterly with the authority and such members of the
179		-	staff of the authority as the representative policy board deems
180		-	appropriate.
181		-	(b) In voting upon all matters before the representative policy board,
182		-	the vote of each member from a city or town shall be accorded a weight,
183		-	determined as follows: The sum of (1) the quotient obtained by dividing
184		-	the number of customers in the city or town from which such member
185		-	is appointed by the total number of customers in all cities and towns
186		-	from which members have been appointed, taken twice, and (2) the
187		-	quotient obtained by dividing the number of acres of land owned by the
188		-	authority within the city or town from which such member is appointed
189		-	by the total number of acres of land owned by the authority in all cities
190		-	and towns from which members have been appointed, shall be divided
191		-	by three, the quotient thereof multiplied by one hundred and the
192		-	product thereof shall be rounded to the nearest whole number. The
193		-	weighted vote of the member appointed by the governor shall be one.
194		-	For the purposes of this section, "number of customers" means the
195		-	number of premises or groups of premises treated as units for ordinary
196		-	billing or other ordinary receipt of charges by the authority and shall be
197		-	determined from the records of the authority on the last day of its
198		-	preceding fiscal year and "number of acres of land" means the number
199		-	of acres of land rounded to the nearest whole number as may appear on
200		-	the records of the authority on the last day of its preceding fiscal year.
201		-	Notwithstanding the foregoing, prior to the first day of the fiscal year of
202		-	the authority commencing after the acquisition by the authority of a
203		-	water supply system, the weighted vote of each member of the
204		-	representative policy board from a city or town shall be as follows:
205		-	Bethany, four; Branford, seven; Cheshire, three; East Haven, six;
206		-	Guilford, four; Hamden, twelve; Killingworth, one; Madison, six; Substitute House Bill No. 5277
207	157
208		-	Special Act No. 24-7 7 of 18
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209	161
210		-	Milford, eleven; New Haven, seventeen; North Branford, eight; North
211		-	Haven, four; Orange, three; Prospect, one; Wallingford, one; West
212		-	Haven, ten; and Woodbridge, two. Whenever a vote is taken on any
213		-	matter by the representative policy board, the vote shall be determined
214		-	in accordance with this subsection. Members of the representative
215		-	policy board holding a majority of the votes so weighted shall constitute
216		-	a quorum.
217		-	(c) The representative policy board shall adopt and may amend such
218		-	rules of procedure and bylaws for the conduct of its affairs as it deems
219		-	appropriate. It shall establish (1) a standing committee on land use and
220		-	management to consult with the authority on all matters of land use and
221		-	management, including acquisition and sale, recreational use, cutting of
222		-	timber and other products, mining and quarrying; (2) a standing
223		-	committee on finance to consult with the authority on matters relating
224		-	to financial and budgetary matters and the establishment of rates; and
225		-	(3) a standing committee on consumer affairs to consult with the
226		-	authority and the officer of consumer affairs established pursuant to
227		-	section 15 of special act 77-98 on matters concerning the interests of
228		-	people residing within the district. The representative policy board may
229		-	appoint such other committees as it considers convenient from time to
230		-	time.
231		-	(d) The representative policy board of the South Central Connecticut
232		-	Regional Water District shall also include a member from each of the
233		-	cities of Ansonia and Derby and the towns of Beacon Falls, Oxford and
234		-	Seymour, each appointed in the manner set forth in subsection (a) of this
235		-	section. The members first appointed shall serve from the date of their
236		-	appointment until June 30, 1985, in the case of Seymour; until June 30,
237		-	1986, in the case of Beacon Falls; and until June 30, 1987, in the case of
238		-	Ansonia, Derby and Oxford. Such members may participate in meetings
239		-	of the representative policy board notwithstanding such towns and
240		-	cities will not become members of the South Central Connecticut Substitute House Bill No. 5277
	162	+	East Haven, Killingworth, New Haven, Orange and West Haven shall 121
	163	+	serve until June 30, 1978, such members appointed from Branford, 122
	164	+	Guilford, Madison, North Branford, Prospect and Woodbridge shall 123
	165	+	serve until June 30, 1979, such members appointed from Cheshire, 124
	166	+	Hamden, Milford, North Haven and Wallingford shall serve until June 125
	167	+	30, 1980, and the member first appointed by the governor shall serve for 126
	168	+	a term commencing upon appointment and ending on the third June 127
	169	+	thirtieth thereafter; provided members shall continue to serve until their 128
	170	+	successors are appointed and have qualified. In the event of the 129
	171	+	resignation, death or disability of a member from any city or town or the 130
	172	+	state, a successor may be appointed by the chief elected official of such 131
	173	+	city or town, or in the case of the member appointed by the governor, 132
	174	+	for the unexpired portion of the term. The chief elected official of each 133
	175	+	such city or town may appoint a provisional member to serve until 134
	176	+	December 1, 1977, with full authority to act as a member until said date. 135
	177	+	Members and provisional members shall receive [one] two hundred 136
	178	+	fifty dollars, adjusted as provided in this subsection, for each day in 137
	179	+	which they are engaged in their duties and shall be reimbursed for their 138
	180	+	necessary expenses incurred in the performance of their duties. Such 139
	181	+	[one-hundred-dollar-per-day] two-hundred-fifty-dollar compensation 140
	182	+	amount shall be adjusted on January 1, [2015] 2027, and every [fifth] 141
	183	+	third year thereafter to reflect changes [since 2012] in the Consumer 142
	184	+	Price Index for All Urban Consumers, Northeast Urban, All Items (1982-143
	185	+	84=100) published by the United States Bureau of Labor Statistics or a 144
	186	+	comparable successor index. They shall elect a chairman and a vice-145
	187	+	chairman, who shall be members or provisional members of the 146
	188	+	representative policy board, and a secretary. The chairman shall receive 147
	189	+	a per diem payment of [1.5] one and one-half times the amount paid to 148
	190	+	members and provisional members. The representative policy board 149
	191	+	shall meet at least quarterly with the authority and such members of the 150
	192	+	staff of the authority as the representative policy board deems 151
	193	+	appropriate. 152
	194	+	(b) In voting upon all matters before the representative policy board, 153
	195	+	the vote of each member from a city or town shall be accorded a weight, 154 Substitute Bill No. 5277
241	196
242		-	Special Act No. 24-7 8 of 18
243	197
244		-	Regional Water District until the effective date of the acquisition of the
245		-	Ansonia Derby Water Company by the South Central Connecticut
246		-	Regional Water Authority but, until such effective date, such members
247		-	may vote only on matters concerning the fixing of rates and charges to
248		-	support the financing of such acquisition. The weighted vote of such
249		-	members shall be determined in the manner set forth in subsection (b)
250		-	of this section as if such acquisition had occurred. This subsection shall
251		-	have no further force and effect after the effective date of such
252		-	acquisition or June 30, 1987, whichever occurs first.
253		-	(e) Upon the expansion of the South Central Connecticut Regional
254		-	Water District to include the area and territory of the town of Wolcott,
255		-	the representative policy board shall include one member from the town
256		-	of Wolcott appointed in the manner described in subsection (a) of this
257		-	section. Such member shall serve for an initial term ending on June 30,
258		-	2005, or such later time as the member's successor shall be appointed
259		-	and qualified. The weighted vote of such member shall be determined
260		-	in the manner set forth in subsection (b) of this section, provided in no
261		-	event shall such weighted vote be less than one.
262		-	Sec. 4. Section 5 of special act 77-98, as amended by section 4 of special
263		-	act 78-24, is amended to read as follows (Effective from passage):
264		-	A public corporation, to be known as the "South Central Connecticut
265		-	Regional Water Authority," constituting a public instrumentality and
266		-	political subdivision, is created for the purposes, charged with the
267		-	duties and granted the powers provided in sections 1 to 33, inclusive, of
268		-	special act 77-98, as amended by special act 78-24 and this act. [The] On
269		-	and before December 31, 2024, the authority shall consist of five
270		-	members who shall be residents of the district and not be members of
271		-	the representative policy board. [, who] On and after January 1, 2025,
272		-	the authority shall consist of seven members who shall reside in
273		-	Connecticut and not be members of the representative policy board, and
274		-	not fewer than five such members shall be residents of the district. [and Substitute House Bill No. 5277
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275	201
276		-	Special Act No. 24-7 9 of 18
	202	+	determined as follows: The sum of (1) the quotient obtained by dividing 155
	203	+	the number of customers in the city or town from which such member 156
	204	+	is appointed by the total number of customers in all cities and towns 157
	205	+	from which members have been appointed, taken twice, and (2) the 158
	206	+	quotient obtained by dividing the number of acres of land owned by the 159
	207	+	authority within the city or town from which such member is appointed 160
	208	+	by the total number of acres of land owned by the authority in all cities 161
	209	+	and towns from which members have been appointed, shall be divided 162
	210	+	by three, the quotient thereof multiplied by one hundred and the 163
	211	+	product thereof shall be rounded to the nearest whole number. The 164
	212	+	weighted vote of the member appointed by the governor shall be one. 165
	213	+	For the purposes of this section, "number of customers" means the 166
	214	+	number of premises or groups of premises treated as units for ordinary 167
	215	+	billing or other ordinary receipt of charges by the authority and shall be 168
	216	+	determined from the records of the authority on the last day of its 169
	217	+	preceding fiscal year and "number of acres of land" means the number 170
	218	+	of acres of land rounded to the nearest whole number as may appear on 171
	219	+	the records of the authority on the last day of its preceding fiscal year. 172
	220	+	Notwithstanding the foregoing, prior to the first day of the fiscal year of 173
	221	+	the authority commencing after the acquisition by the authority of a 174
	222	+	water supply system, the weighted vote of each member of the 175
	223	+	representative policy board from a city or town shall be as follows: 176
	224	+	Bethany, four; Branford, seven; Cheshire, three; East Haven, six; 177
	225	+	Guilford, four; Hamden, twelve; Killingworth, one; Madison, six; 178
	226	+	Milford, eleven; New Haven, seventeen; North Branford, eight; North 179
	227	+	Haven, four; Orange, three; Prospect, one; Wallingford, one; West 180
	228	+	Haven, ten; and Woodbridge, two. Whenever a vote is taken on any 181
	229	+	matter by the representative policy board, the vote shall be determined 182
	230	+	in accordance with this subsection. Members of the representative 183
	231	+	policy board holding a majority of the votes so weighted shall constitute 184
	232	+	a quorum. 185
	233	+	(c) The representative policy board shall adopt and may amend such 186
	234	+	rules of procedure and bylaws for the conduct of its affairs as it deems 187
	235	+	appropriate. It shall establish (1) a standing committee on land use and 188 Substitute Bill No. 5277
277	236
278		-	who shall] All members shall be appointed without regard to political
279		-	affiliation by a majority of the total votes of those members of the
280		-	representative policy board present at a meeting at which [members of
281		-	said board holding two-thirds of the total votes are present] at least two-
282		-	thirds of the weighted vote, excluding vacancies, is present, for terms of
283		-	five years, not to exceed four consecutive full terms, and until their
284		-	successors are appointed and have qualified, except that of the members
285		-	first appointed, one shall be appointed for a term ending January 1, 1983,
286		-	one for a term ending January 1, 1982, one for a term ending January 1,
287		-	1981, one for a term ending January 1, 1980, and one for a term ending
288		-	January l, 1979. The sixth member first appointed shall be appointed for
289		-	a three-year term ending January 1, 2028, and the seventh member first
290		-	appointed shall be appointed for a five-year term ending January 1,
291		-	2030. Any vacancy occurring on the authority shall be filled in the same
292		-	manner for the unexpired portion of the term. Any member of the
293		-	authority may be removed from office by the representative policy
294		-	board for cause. Members of the authority shall receive such
295		-	compensation [for their services as shall be fixed by the representative
296		-	policy board] to be adjusted every three years by the Consumer Price
297		-	Index factor, as described in section 4 of special act 77-98, as amended
298		-	by special act 78-24, special act 84-46, public act 02-85, special act 03-11,
299		-	special act 13-20 and this act, if approved by the majority of weighted
300		-	votes of the membership of the representative policy board, excluding
301		-	vacancies, and shall be reimbursed for their necessary expenses
302		-	incurred in performance of their duties.
303		-	Sec. 5. Section 9 of special act 77-98 is amended to read as follows
304		-	(Effective from passage):
305		-	The authority shall meet at least [monthly] quarterly. Except as the
306		-	bylaws of the authority may provide in emergency situations, the
307		-	powers of the authority shall be exercised by the members at a meeting
308		-	duly called and held. [Three] On and before December 31, 2024, three Substitute House Bill No. 5277
309	237
310		-	Special Act No. 24-7 10 of 18
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311	241
312		-	members shall constitute a quorum, and on and after January 1, 2025,
313		-	four members shall constitute a quorum, and no action shall be taken
314		-	except pursuant to the affirmative vote of [at least three members] a
315		-	quorum. The authority may delegate to one or more of its members,
316		-	officers, agents or employees such powers and duties as it may deem
317		-	proper.
318		-	Sec. 6. Section 14 of special act 77-98, as amended by section 6 of
319		-	special act 78-24, section 6 of special act 99-12, section 10 of public act
320		-	02-85 and section 5 of special act 17-5, is amended to read as follows
321		-	(Effective from passage):
322		-	With the approval of the representative policy board, the authority
323		-	shall establish just and equitable rates or charges for the use of the water
324		-	supply system and the wastewater system authorized herein, to be paid
325		-	by any customer, including rates of interest on unpaid rates or charges,
326		-	and may change such rates, [or] charges or rates of interest from time to
327		-	time. Such water supply system rates or charges shall be established so
328		-	as to provide funds sufficient in each year, with other water supply
329		-	related revenues, if any, (a) to pay the cost of maintaining, repairing and
330		-	operating the water supply system and each and every portion thereof,
331		-	to the extent that adequate provision for the payment of such cost has
332		-	not otherwise been made, (b) to pay the principal of and the interest on
333		-	outstanding water supply bonds of the authority as the same shall
334		-	become due and payable, (c) to meet any requirements of any resolution
335		-	authorizing, or trust agreement securing, such bonds of the authority,
336		-	(d) to make payments in lieu of taxes as provided in section 21 of special
337		-	act 77-98, as amended by section 8 of special act 78-24 and public act 02-
338		-	85, as the same become due and payable, upon the water supply system
339		-	properties of the authority or of a subsidiary corporation to the
340		-	municipalities in which such properties are situated, (e) to provide for
341		-	the maintenance, conservation and appropriate recreational use of the
342		-	land of the authority, and (f) to pay all other reasonable and necessary Substitute House Bill No. 5277
	242	+	management to consult with the authority on all matters of land use and 189
	243	+	management, including acquisition and sale, recreational use, cutting of 190
	244	+	timber and other products, mining and quarrying; (2) a standing 191
	245	+	committee on finance to consult with the authority on matters relating 192
	246	+	to financial and budgetary matters and the establishment of rates; and 193
	247	+	(3) a standing committee on consumer affairs to consult with the 194
	248	+	authority and the officer of consumer affairs established pursuant to 195
	249	+	section 15 of special act 77-98 on matters concerning the interests of 196
	250	+	people residing within the district. The representative policy board may 197
	251	+	appoint such other committees as it considers convenient from time to 198
	252	+	time. 199
	253	+	(d) The representative policy board of the South Central Connecticut 200
	254	+	Regional Water District shall also include a member from each of the 201
	255	+	cities of Ansonia and Derby and the towns of Beacon Falls, Oxford and 202
	256	+	Seymour, each appointed in the manner set forth in subsection (a) of this 203
	257	+	section. The members first appointed shall serve from the date of their 204
	258	+	appointment until June 30, 1985, in the case of Seymour; until June 30, 205
	259	+	1986, in the case of Beacon Falls; and until June 30, 1987, in the case of 206
	260	+	Ansonia, Derby and Oxford. Such members may participate in meetings 207
	261	+	of the representative policy board notwithstanding such towns and 208
	262	+	cities will not become members of the South Central Connecticut 209
	263	+	Regional Water District until the effective date of the acquisition of the 210
	264	+	Ansonia Derby Water Company by the South Central Connecticut 211
	265	+	Regional Water Authority but, until such effective date, such members 212
	266	+	may vote only on matters concerning the fixing of rates and charges to 213
	267	+	support the financing of such acquisition. The weighted vote of such 214
	268	+	members shall be determined in the manner set forth in subsection (b) 215
	269	+	of this section as if such acquisition had occurred. This subsection shall 216
	270	+	have no further force and effect after the effective date of such 217
	271	+	acquisition or June 30, 1987, whichever occurs first. 218
	272	+	(e) Upon the expansion of the South Central Connecticut Regional 219
	273	+	Water District to include the area and territory of the town of Wolcott, 220
	274	+	the representative policy board shall include one member from the town 221 Substitute Bill No. 5277
343	275
344		-	Special Act No. 24-7 11 of 18
345	276
346		-	expenses of the authority and of the representative policy board to the
347		-	extent that such expenses are allocable to the water supply system
348		-	activities of the authority and the representative policy board. Such
349		-	wastewater system rates or charges shall be established so as to provide
350		-	funds sufficient in each year with other wastewater related revenues, if
351		-	any, (1) to pay the cost of maintaining, repairing and operating the
352		-	wastewater system and each and every portion thereof, to the extent that
353		-	adequate provision for the payment of such cost has not otherwise been
354		-	made, (2) to pay the principal of and the interest on outstanding
355		-	wastewater bonds of the authority as the same shall become due and
356		-	payable, (3) to meet any requirements of any resolution authorizing, or
357		-	trust agreement securing, such bonds of the authority, (4) to pay all
358		-	other reasonable and necessary expenses of the authority and of the
359		-	representative policy board to the extent that such expenses are
360		-	allocable to the wastewater activities of the authority and of the
361		-	representative policy board. No such rate or charge shall be established
362		-	until it has been approved by the representative policy board, after said
363		-	board has held a public hearing at which all the users of the waterworks
364		-	system or the wastewater system, the owners of property served or to
365		-	be served and others interested have had an opportunity to be heard
366		-	concerning such proposed rate or charge. The representative policy
367		-	board shall approve such rates and charges unless it finds that such rates
368		-	and charges will provide funds in excess of the amounts required for the
369		-	purposes described previously in this section, or unless it finds that such
370		-	rates and charges will provide funds insufficient for such purposes. The
371		-	rates or charges so established for any class of users or property served
372		-	shall be extended to cover any additional premises thereafter served
373		-	which are within the same class, without the necessity of a hearing
374		-	thereon. Any change in such rates or charges shall be made in the same
375		-	manner in which they were established. The rates or charges levied
376		-	upon any customer of any water supply system acquired pursuant to
377		-	subsection (d) of section 11 of special act 77-98, as amended by section 5
378		-	of special act 78-24, section 3 of special act 84-46, public act 02-85 and Substitute House Bill No. 5277
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379	280
380		-	Special Act No. 24-7 12 of 18
	281	+	of Wolcott appointed in the manner described in subsection (a) of this 222
	282	+	section. Such member shall serve for an initial term ending on June 30, 223
	283	+	2005, or such later time as the member's successor shall be appointed 224
	284	+	and qualified. The weighted vote of such member shall be determined 225
	285	+	in the manner set forth in subsection (b) of this section, provided in no 226
	286	+	event shall such weighted vote be less than one. 227
	287	+	Sec. 4. Section 5 of special act 77-98, as amended by section 4 of special 228
	288	+	act 78-24, is amended to read as follows (Effective from passage): 229
	289	+	A public corporation, to be known as the "South Central Connecticut 230
	290	+	Regional Water Authority," constituting a public instrumentality and 231
	291	+	political subdivision, is created for the purposes, charged with the 232
	292	+	duties and granted the powers provided in sections 1 to 33, inclusive, of 233
	293	+	special act 77-98, as amended by special act 78-24 and this act. [The] On 234
	294	+	and before December 31, 2024, the authority shall consist of five 235
	295	+	members who shall be residents of the district and not be members of 236
	296	+	the representative policy board. [, who] On and after January 1, 2025, 237
	297	+	the authority shall consist of seven members who shall reside in 238
	298	+	Connecticut and not be members of the representative policy board, and 239
	299	+	not fewer than five such members shall be residents of the district. [and 240
	300	+	who shall] All members shall be appointed without regard to political 241
	301	+	affiliation by a majority of the total votes of those members of the 242
	302	+	representative policy board present at a meeting at which [members of 243
	303	+	said board holding two-thirds of the total votes are present] at least two-244
	304	+	thirds of the weighted vote, excluding vacancies, is present, for terms of 245
	305	+	five years, not to exceed four consecutive full terms, and until their 246
	306	+	successors are appointed and have qualified, except that of the members 247
	307	+	first appointed, one shall be appointed for a term ending January 1, 1983, 248
	308	+	one for a term ending January 1, 1982, one for a term ending January 1, 249
	309	+	1981, one for a term ending January 1, 1980, and one for a term ending 250
	310	+	January l, 1979. The sixth member first appointed shall be appointed for 251
	311	+	a three-year term ending January 1, 2028, and the seventh member first 252
	312	+	appointed shall be appointed for a five-year term ending January 1, 253
	313	+	2030. Any vacancy occurring on the authority shall be filled in the same 254 Substitute Bill No. 5277
381	314
382		-	[this act] special act 17-5 or served pursuant to a cooperative agreement
383		-	pursuant to subsection (m) of said section 11 shall not be required to be
384		-	equalized with the authority's existing rates, but may be set on a
385		-	separate basis, provided such rates are just, equitable and
386		-	nondiscriminatory. Such rates or charges, if not paid when due, shall
387		-	constitute a lien upon the premises served and a charge against the
388		-	owners thereof, which lien and charge shall bear interest [at the same]
389		-	not to exceed the maximum rate as would be allowed for unpaid taxes.
390		-	Such lien shall take precedence over all other liens or encumbrances
391		-	except taxes and may be foreclosed against the lot or building served in
392		-	the same manner as a lien for taxes, provided all such liens shall
393		-	continue until such time as they shall be discharged or foreclosed by the
394		-	authority without the necessity of filing certificates of continuation, but
395		-	in no event for longer than fifteen years. The amount of any such rate or
396		-	charge which remains due and unpaid [for thirty days may] after
397		-	twenty-eight days, which number of days may be changed with the
398		-	approval of the majority of the weighted votes of the membership of the
399		-	representative policy board, excluding vacancies, with interest thereon
400		-	at a rate approved by the representative policy board but not to exceed
401		-	the maximum interest rate allowed pursuant to the Connecticut general
402		-	statutes for unpaid property taxes and with reasonable attorneys' fees,
403		-	be recovered by the authority in a civil action in the name of the
404		-	authority against such owners. Any municipality shall be subject to the
405		-	same rate or charges under the same conditions as other users of the
406		-	water supply system or the wastewater system. The assets or the
407		-	revenues of the water system shall not be available to satisfy debts,
408		-	judgments or other obligations arising out of the operation of the
409		-	wastewater system and the assets or the revenues of the wastewater
410		-	system shall not be available to satisfy debts, judgments or other
411		-	obligations arising out of the operation of the water system.
412		-	Sec. 7. Section 19 of special act 77-98, as amended by section 15 of
413		-	public act 02-85, section 6 of special act 13-20 and section 9 of special act Substitute House Bill No. 5277
414	315
415		-	Special Act No. 24-7 13 of 18
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416	319
417		-	17-5, is amended to read as follows (Effective from passage):
418		-	The authority shall not (1) acquire, by purchase, lease or otherwise,
419		-	any existing water supply system or parts thereof or any wastewater
420		-	system or parts thereof, (2) commence any project costing more than
421		-	[two] three and one-half million dollars to repair, improve, construct,
422		-	reconstruct, enlarge and extend any of its properties or systems, or (3)
423		-	acquire or make a subsequent investment in any noncore business in an
424		-	amount more than one and one-half million dollars without the
425		-	approval, following a public hearing, of a majority of the total weighted
426		-	votes of the membership of the representative policy board, excluding
427		-	vacancies. The dollar amounts specified in subdivisions (2) and (3) of
428		-	this section shall be adjusted every three years by the Consumer Price
429		-	Index factor, as described in section 4 of special act 77-98, as amended
430		-	by special act 78-24, special act 84-46, public act 02-85, special act 03-11,
431		-	special act 13-20 and this act, with the approval of a majority of the
432		-	weighted votes of the membership of the representative policy board,
433		-	excluding vacancies. In the case of the first acquisition by the authority
434		-	of an existing water supply system or part thereof, after such approval
435		-	by the representative policy board the authority shall file with the town
436		-	clerk of each city and town in the district its plan for such acquisition.
437		-	The legislative body of each such city and town shall approve or
438		-	disapprove such acquisition plan within sixty days after such filing,
439		-	provided failure to disapprove within such sixty days shall be deemed
440		-	approval of such acquisition plan. The authority shall not first acquire
441		-	an existing water supply system or part thereof except in accordance
442		-	with an acquisition plan approved by at least sixty per cent of such
443		-	legislative bodies.
444		-	Sec. 8. Section 20 of special act 77-98 is amended to read as follows
445		-	(Effective from passage):
446		-	(a) The authority shall have an annual audit of its accounts, books
447		-	and records by a certified public accountant selected by the Substitute House Bill No. 5277
	320	+	manner for the unexpired portion of the term. Any member of the 255
	321	+	authority may be removed from office by the representative policy 256
	322	+	board for cause. Members of the authority shall receive such 257
	323	+	compensation [for their services as shall be fixed by the representative 258
	324	+	policy board] to be adjusted every three years by the Consumer Price 259
	325	+	Index factor, as described in section 4 of special act 77-98, as amended 260
	326	+	by special act 78-24, special act 84-46, public act 02-85, special act 03-11, 261
	327	+	special act 13-20 and this act, if approved by the majority of weighted 262
	328	+	votes of the membership of the representative policy board, excluding 263
	329	+	vacancies, and shall be reimbursed for their necessary expenses 264
	330	+	incurred in performance of their duties. 265
	331	+	Sec. 5. Section 9 of special act 77-98 is amended to read as follows 266
	332	+	(Effective from passage): 267
	333	+	The authority shall meet at least [monthly] quarterly. Except as the 268
	334	+	bylaws of the authority may provide in emergency situations, the 269
	335	+	powers of the authority shall be exercised by the members at a meeting 270
	336	+	duly called and held. [Three] On and before December 31, 2024, three 271
	337	+	members shall constitute a quorum, and on and after January 1, 2025, 272
	338	+	four members shall constitute a quorum, and no action shall be taken 273
	339	+	except pursuant to the affirmative vote of [at least three members] a 274
	340	+	quorum. The authority may delegate to one or more of its members, 275
	341	+	officers, agents or employees such powers and duties as it may deem 276
	342	+	proper. 277
	343	+	Sec. 6. Section 14 of special act 77-98, as amended by section 6 of 278
	344	+	special act 78-24, section 6 of special act 99-12, section 10 of public act 279
	345	+	02-85 and section 5 of special act 17-5, is amended to read as follows 280
	346	+	(Effective from passage): 281
	347	+	With the approval of the representative policy board, the authority 282
	348	+	shall establish just and equitable rates or charges for the use of the water 283
	349	+	supply system and the wastewater system authorized herein, to be paid 284
	350	+	by any customer, including rates of interest on unpaid rates or charges, 285
	351	+	and may change such rates, [or] charges or rates of interest from time to 286 Substitute Bill No. 5277
448	352
449		-	Special Act No. 24-7 14 of 18
450	353
451		-	representative policy board. A copy of the audit shall be filed in the
452		-	office of the town clerk in each town within the district [and with the
453		-	public utilities control authority,] and shall be available for public
454		-	inspection during the ordinary business hours of the authority at the
455		-	principal office of the authority. A concise financial statement shall be
456		-	[published annually, at least once, in a newspaper of general circulation
457		-	in the municipality where the principal office of the authority is located.
458		-	If such publication is not made by the authority, the representative
459		-	policy board shall publish such statement at the expense of the
460		-	authority] posted annually on the South Central Connecticut Water
461		-	Authority's Internet web site.
462		-	(b) The attorney general may examine the books, accounts and
463		-	records of the authority.
464		-	Sec. 9. Subsection (a) of section 21 of special act 77-98, as amended by
465		-	special act 78-24 and section 16 of public act 02-85, is amended to read
466		-	as follows (Effective from passage):
467		-	(a) Neither the authority nor a subsidiary corporation or an affiliated
468		-	business entity shall be required to pay taxes or assessments upon any
469		-	of the properties acquired by it or under its jurisdiction, control or
470		-	supervision, provided in lieu of such taxes or assessments the authority
471		-	shall make annual payments to each municipality in which it or a
472		-	subsidiary corporation owns property related to the water supply
473		-	system equal to the taxes which would otherwise be due for the
474		-	property of the authority or such subsidiary corporation in such
475		-	municipality, excluding any improvements made to or constructed on
476		-	any such real property by the authority or such subsidiary corporation,
477		-	provided land owned by the authority or a subsidiary corporation
478		-	related to the water supply system shall be assessed in accordance with
479		-	section 12-63 of the general statutes, and provided further payments for
480		-	property acquired by the authority or a subsidiary corporation during
481		-	any tax year shall be adjusted for such fractional year in accordance with Substitute House Bill No. 5277
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482	357
483		-	Special Act No. 24-7 15 of 18
	358	+	time. Such water supply system rates or charges shall be established so 287
	359	+	as to provide funds sufficient in each year, with other water supply 288
	360	+	related revenues, if any, (a) to pay the cost of maintaining, repairing and 289
	361	+	operating the water supply system and each and every portion thereof, 290
	362	+	to the extent that adequate provision for the payment of such cost has 291
	363	+	not otherwise been made, (b) to pay the principal of and the interest on 292
	364	+	outstanding water supply bonds of the authority as the same shall 293
	365	+	become due and payable, (c) to meet any requirements of any resolution 294
	366	+	authorizing, or trust agreement securing, such bonds of the authority, 295
	367	+	(d) to make payments in lieu of taxes as provided in section 21 of special 296
	368	+	act 77-98, as amended by section 8 of special act 78-24 and public act 02-297
	369	+	85, as the same become due and payable, upon the water supply system 298
	370	+	properties of the authority or of a subsidiary corporation to the 299
	371	+	municipalities in which such properties are situated, (e) to provide for 300
	372	+	the maintenance, conservation and appropriate recreational use of the 301
	373	+	land of the authority, and (f) to pay all other reasonable and necessary 302
	374	+	expenses of the authority and of the representative policy board to the 303
	375	+	extent that such expenses are allocable to the water supply system 304
	376	+	activities of the authority and the representative policy board. Such 305
	377	+	wastewater system rates or charges shall be established so as to provide 306
	378	+	funds sufficient in each year with other wastewater related revenues, if 307
	379	+	any, (1) to pay the cost of maintaining, repairing and operating the 308
	380	+	wastewater system and each and every portion thereof, to the extent that 309
	381	+	adequate provision for the payment of such cost has not otherwise been 310
	382	+	made, (2) to pay the principal of and the interest on outstanding 311
	383	+	wastewater bonds of the authority as the same shall become due and 312
	384	+	payable, (3) to meet any requirements of any resolution authorizing, or 313
	385	+	trust agreement securing, such bonds of the authority, (4) to pay all 314
	386	+	other reasonable and necessary expenses of the authority and of the 315
	387	+	representative policy board to the extent that such expenses are 316
	388	+	allocable to the wastewater activities of the authority and of the 317
	389	+	representative policy board. No such rate or charge shall be established 318
	390	+	until it has been approved by the representative policy board, after said 319
	391	+	board has held a public hearing at which all the users of the waterworks 320
	392	+	system or the wastewater system, the owners of property served or to 321 Substitute Bill No. 5277
484	393
485		-	the customary practice in such municipality for adjusting taxes between
486		-	the buyer and seller of real property. In addition, the authority or a
487		-	subsidiary corporation shall reimburse each such municipality for its
488		-	expenses in providing municipal services to any improvements made to
489		-	or constructed on any real property by the authority or such subsidiary
490		-	corporation within such municipality. As used in this section,
491		-	"improvements" does not include water pipes or improvements to water
492		-	pipes.
493		-	Sec. 10. Subsection (b) of section 22 of special act 77-98, as amended
494		-	by section 17 of public act 02-85, is amended to read as follows (Effective
495		-	from passage):
496		-	(b) The bonds shall be authorized by resolution of the authority and
497		-	shall bear such date or dates, mature at such time or times, [not
498		-	exceeding forty years from their respective dates,] bear interest at such
499		-	rates per annum, not exceeding statutory limitations, be payable at such
500		-	times, be in such denomination, be in such form, either coupon or
501		-	registered, carry such registration privileges, be executed in such
502		-	manner, be payable in lawful money of the United States of America, at
503		-	such place or places, and be subject to such terms of redemption as such
504		-	resolution or resolutions may provide. All bonds of the authority shall
505		-	be sold through a negotiated sale or a public sale to the bidder who shall
506		-	offer the lowest true interest cost to the authority, to be determined by
507		-	the authority.
508		-	Sec. 11. Subsection (h) of section 22 of special act 77-98, as amended
509		-	by section 17 of public act 02-85, is amended to read as follows (Effective
510		-	from passage):
511		-	(h) The authority shall have the power out of any funds available to
512		-	purchase, as distinguished from the power of redemption above,
513		-	[provided, any bonds issued by it at a price of not more than the
514		-	principal amount thereof and accrued interest,] and all bonds so Substitute House Bill No. 5277
515	394
516		-	Special Act No. 24-7 16 of 18
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517	398
518		-	purchased shall be cancelled.
519		-	Sec. 12. Section 28 of special act 77-98, as amended by section 9 of
520		-	special act 78-24, is amended to read as follows (Effective from passage):
521		-	Nothing in sections 1 to 33, inclusive, of special act 77-98, as amended
522		-	by special act 78-24, special act 84-46 and this act shall be construed to
523		-	deprive the commissioner of environmental protection, the
524		-	commissioner of health or any successor commissioner or board of any
525		-	jurisdiction which such commissioners or boards may now or hereafter
526		-	have. Neither the public utilities control authority nor any successor
527		-	board or commissioner shall have jurisdiction of any kind over the
528		-	authority, a subsidiary corporation, the representative policy board or
529		-	the rates fixed or charges collected by the authority. [The authority shall
530		-	annually file the report required of municipalities pursuant to section
531		-	16-29 of the general statutes with the public utilities control authority or
532		-	any successor board and the clerks of the towns and cities within the
533		-	district.]
534		-	Sec. 13. Subsection (a) of section 30 of special act 77-98, as amended
535		-	by section 10 of special act 78-24 and section 20 of public act 02-85, is
536		-	amended to read as follows (Effective from passage):
537		-	(a) The authority or any person who is aggrieved by a decision of the
538		-	representative policy board with respect to the establishment of rates or
539		-	charges, the establishment of land use standards and disposition
540		-	policies, the sale or other transfer or change of use of real property, the
541		-	location of purification, filtration or wastewater treatment plants, the
542		-	commencement of any project costing more than [two] three and one-
543		-	half million dollars, and as adjusted by the Consumer Price Index factor,
544		-	as described in section 4 of special act 77-98, as amended by special act
545		-	78-24, special act 84-46, public act 02-85, special act 03-11, special act 13-
546		-	20 and this act, and subject to the approval of a majority of the weighted
547		-	votes of the membership of the representative policy board, excluding Substitute House Bill No. 5277
	399	+	be served and others interested have had an opportunity to be heard 322
	400	+	concerning such proposed rate or charge. The representative policy 323
	401	+	board shall approve such rates and charges unless it finds that such rates 324
	402	+	and charges will provide funds in excess of the amounts required for the 325
	403	+	purposes described previously in this section, or unless it finds that such 326
	404	+	rates and charges will provide funds insufficient for such purposes. The 327
	405	+	rates or charges so established for any class of users or property served 328
	406	+	shall be extended to cover any additional premises thereafter served 329
	407	+	which are within the same class, without the necessity of a hearing 330
	408	+	thereon. Any change in such rates or charges shall be made in the same 331
	409	+	manner in which they were established. The rates or charges levied 332
	410	+	upon any customer of any water supply system acquired pursuant to 333
	411	+	subsection (d) of section 11 of special act 77-98, as amended by section 5 334
	412	+	of special act 78-24, section 3 of special act 84-46, public act 02-85 and 335
	413	+	[this act] special act 17-5 or served pursuant to a cooperative agreement 336
	414	+	pursuant to subsection (m) of said section 11 shall not be required to be 337
	415	+	equalized with the authority's existing rates, but may be set on a 338
	416	+	separate basis, provided such rates are just, equitable and 339
	417	+	nondiscriminatory. Such rates or charges, if not paid when due, shall 340
	418	+	constitute a lien upon the premises served and a charge against the 341
	419	+	owners thereof, which lien and charge shall bear interest [at the same] 342
	420	+	not to exceed the maximum rate as would be allowed for unpaid taxes. 343
	421	+	Such lien shall take precedence over all other liens or encumbrances 344
	422	+	except taxes and may be foreclosed against the lot or building served in 345
	423	+	the same manner as a lien for taxes, provided all such liens shall 346
	424	+	continue until such time as they shall be discharged or foreclosed by the 347
	425	+	authority without the necessity of filing certificates of continuation, but 348
	426	+	in no event for longer than fifteen years. The amount of any such rate or 349
	427	+	charge which remains due and unpaid [for thirty days may] after 350
	428	+	twenty-eight days, which number of days may be changed with the 351
	429	+	approval of the majority of the weighted votes of the membership of the 352
	430	+	representative policy board, excluding vacancies, with interest thereon 353
	431	+	at a rate approved by the representative policy board but not to exceed 354
	432	+	the maximum interest rate allowed pursuant to the Connecticut general 355
	433	+	statutes for unpaid property taxes and with reasonable attorneys' fees, 356 Substitute Bill No. 5277
548	434
549		-	Special Act No. 24-7 17 of 18
550	435
551		-	vacancies, to repair, improve, construct, reconstruct, enlarge or extend
552		-	any of the properties or systems of the authority or the acquisition by
553		-	purchase, lease or otherwise of any existing water supply system,
554		-	wastewater system or part thereof, other than the purchase of all or any
555		-	part of the properties and franchises of the New Haven Water
556		-	Company, is entitled to review by the Superior Court as provided in this
557		-	section. For the purposes of this section, the holders of any bonds or
558		-	notes of the authority and any trustee acting on behalf of such holders
559		-	shall be deemed aggrieved persons with respect to any decision of the
560		-	representative policy board which violates any covenant or other
561		-	provision of the resolution or resolutions authorizing such bonds or
562		-	notes.
563		-	Sec. 14. Subsection (a) of section 1 of special act 03-12 is amended to
564		-	read as follows (Effective from passage):
565		-	(a) Notwithstanding any provision of the general statutes or any
566		-	public or special act, the South Central Connecticut Regional Water
567		-	Authority, created by special act 77-98, as amended, may sell, lease,
568		-	assign or otherwise dispose of any class I or class II land, as defined in
569		-	section 25-37c of the general statutes, upon which a single-family
570		-	dwelling or barn owned by the South Central Connecticut Regional
571		-	Water Authority is situated provided (1) such single-family dwelling or
572		-	barn was so situated prior to January 1, 1976, (2) any underground
573		-	storage tanks on such property have been removed, (3) the property is
574		-	not greater than the minimum acreage required to meet zoning
575		-	requirements plus any allowance necessary for setback allowances and
576		-	access or egress consistent with local zoning and use requirements, and,
577		-	if the single-family dwelling or barn is located on class I land, such
578		-	minimum acreage is met by utilizing class II or class III land, as defined
579		-	in section 25-37c of the general statutes, to the greatest extent possible,
580		-	(4) a restrictive covenant that would limit the expansion of the single-
581		-	family dwelling or barn and restrict any activity or expansion of any Substitute House Bill No. 5277
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582	439
583		-	Special Act No. 24-7 18 of 18
	440	+	be recovered by the authority in a civil action in the name of the 357
	441	+	authority against such owners. Any municipality shall be subject to the 358
	442	+	same rate or charges under the same conditions as other users of the 359
	443	+	water supply system or the wastewater system. The assets or the 360
	444	+	revenues of the water system shall not be available to satisfy debts, 361
	445	+	judgments or other obligations arising out of the operation of the 362
	446	+	wastewater system and the assets or the revenues of the wastewater 363
	447	+	system shall not be available to satisfy debts, judgments or other 364
	448	+	obligations arising out of the operation of the water system. 365
	449	+	Sec. 7. Section 19 of special act 77-98, as amended by section 15 of 366
	450	+	public act 02-85, section 6 of special act 13-20 and section 9 of special act 367
	451	+	17-5, is amended to read as follows (Effective from passage): 368
	452	+	The authority shall not (1) acquire, by purchase, lease or otherwise, 369
	453	+	any existing water supply system or parts thereof or any wastewater 370
	454	+	system or parts thereof, (2) commence any project costing more than 371
	455	+	[two] three and one-half million dollars to repair, improve, construct, 372
	456	+	reconstruct, enlarge and extend any of its properties or systems, or (3) 373
	457	+	acquire or make a subsequent investment in any noncore business in an 374
	458	+	amount more than one and one-half million dollars without the 375
	459	+	approval, following a public hearing, of a majority of the total weighted 376
	460	+	votes of the membership of the representative policy board, excluding 377
	461	+	vacancies. The dollar amounts specified in subdivisions (2) and (3) of 378
	462	+	this section shall be adjusted every three years by the Consumer Price 379
	463	+	Index factor, as described in section 4 of special act 77-98, as amended 380
	464	+	by special act 78-24, special act 84-46, public act 02-85, special act 03-11, 381
	465	+	special act 13-20 and this act, with the approval of a majority of the 382
	466	+	weighted votes of the membership of the representative policy board, 383
	467	+	excluding vacancies. In the case of the first acquisition by the authority 384
	468	+	of an existing water supply system or part thereof, after such approval 385
	469	+	by the representative policy board the authority shall file with the town 386
	470	+	clerk of each city and town in the district its plan for such acquisition. 387
	471	+	The legislative body of each such city and town shall approve or 388
	472	+	disapprove such acquisition plan within sixty days after such filing, 389 Substitute Bill No. 5277
584	473
585		-	activity that would have a significant adverse [affect] effect on the public
586		-	water supply is placed on the property, and (5) for class I land, the
587		-	single-family dwelling or barn has historical significance, as confirmed,
588		-	in writing, by the Connecticut Trust for Historic Preservation or its
589		-	successor organization.
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	478	+
	479	+	provided failure to disapprove within such sixty days shall be deemed 390
	480	+	approval of such acquisition plan. The authority shall not first acquire 391
	481	+	an existing water supply system or part thereof except in accordance 392
	482	+	with an acquisition plan approved by at least sixty per cent of such 393
	483	+	legislative bodies. 394
	484	+	Sec. 8. Section 20 of special act 77-98 is amended to read as follows 395
	485	+	(Effective from passage): 396
	486	+	(a) The authority shall have an annual audit of its accounts, books 397
	487	+	and records by a certified public accountant selected by the 398
	488	+	representative policy board. A copy of the audit shall be filed in the 399
	489	+	office of the town clerk in each town within the district [and with the 400
	490	+	public utilities control authority,] and shall be available for public 401
	491	+	inspection during the ordinary business hours of the authority at the 402
	492	+	principal office of the authority. A concise financial statement shall be 403
	493	+	[published annually, at least once, in a newspaper of general circulation 404
	494	+	in the municipality where the principal office of the authority is located. 405
	495	+	If such publication is not made by the authority, the representative 406
	496	+	policy board shall publish such statement at the expense of the 407
	497	+	authority] posted annually on the South Central Connecticut Water 408
	498	+	Authority's Internet web site. 409
	499	+	(b) The attorney general may examine the books, accounts and 410
	500	+	records of the authority. 411
	501	+	Sec. 9. Subsection (a) of section 21 of special act 77-98, as amended by 412
	502	+	special act 78-24 and section 16 of public act 02-85, is amended to read 413
	503	+	as follows (Effective from passage): 414
	504	+	(a) Neither the authority nor a subsidiary corporation or an affiliated 415
	505	+	business entity shall be required to pay taxes or assessments upon any 416
	506	+	of the properties acquired by it or under its jurisdiction, control or 417
	507	+	supervision, provided in lieu of such taxes or assessments the authority 418
	508	+	shall make annual payments to each municipality in which it or a 419
	509	+	subsidiary corporation owns property related to the water supply 420 Substitute Bill No. 5277
	510	+
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	514	+	14 of 17
	515	+
	516	+	system equal to the taxes which would otherwise be due for the 421
	517	+	property of the authority or such subsidiary corporation in such 422
	518	+	municipality, excluding any improvements made to or constructed on 423
	519	+	any such real property by the authority or such subsidiary corporation, 424
	520	+	provided land owned by the authority or a subsidiary corporation 425
	521	+	related to the water supply system shall be assessed in accordance with 426
	522	+	section 12-63 of the general statutes, and provided further payments for 427
	523	+	property acquired by the authority or a subsidiary corporation during 428
	524	+	any tax year shall be adjusted for such fractional year in accordance with 429
	525	+	the customary practice in such municipality for adjusting taxes between 430
	526	+	the buyer and seller of real property. In addition, the authority or a 431
	527	+	subsidiary corporation shall reimburse each such municipality for its 432
	528	+	expenses in providing municipal services to any improvements made to 433
	529	+	or constructed on any real property by the authority or such subsidiary 434
	530	+	corporation within such municipality. As used in this section, 435
	531	+	"improvements" does not include water pipes or improvements to water 436
	532	+	pipes. 437
	533	+	Sec. 10. Subsection (b) of section 22 of special act 77-98, as amended 438
	534	+	by section 17 of public act 02-85, is amended to read as follows (Effective 439
	535	+	from passage): 440
	536	+	(b) The bonds shall be authorized by resolution of the authority and 441
	537	+	shall bear such date or dates, mature at such time or times, [not 442
	538	+	exceeding forty years from their respective dates,] bear interest at such 443
	539	+	rates per annum, not exceeding statutory limitations, be payable at such 444
	540	+	times, be in such denomination, be in such form, either coupon or 445
	541	+	registered, carry such registration privileges, be executed in such 446
	542	+	manner, be payable in lawful money of the United States of America, at 447
	543	+	such place or places, and be subject to such terms of redemption as such 448
	544	+	resolution or resolutions may provide. All bonds of the authority shall 449
	545	+	be sold through a negotiated sale or a public sale to the bidder who shall 450
	546	+	offer the lowest true interest cost to the authority, to be determined by 451
	547	+	the authority. 452
	548	+	Sec. 11. Subsection (h) of section 22 of special act 77-98, as amended 453 Substitute Bill No. 5277
	549	+
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	553	+	15 of 17
	554	+
	555	+	by section 17 of public act 02-85, is amended to read as follows (Effective 454
	556	+	from passage): 455
	557	+	(h) The authority shall have the power out of any funds available to 456
	558	+	purchase, as distinguished from the power of redemption above, 457
	559	+	[provided, any bonds issued by it at a price of not more than the 458
	560	+	principal amount thereof and accrued interest,] and all bonds so 459
	561	+	purchased shall be cancelled. 460
	562	+	Sec. 12. Section 28 of special act 77-98, as amended by section 9 of 461
	563	+	special act 78-24, is amended to read as follows (Effective from passage): 462
	564	+	Nothing in sections 1 to 33, inclusive, of special act 77-98, as amended 463
	565	+	by special act 78-24, special act 84-46 and this act shall be construed to 464
	566	+	deprive the commissioner of environmental protection, the 465
	567	+	commissioner of health or any successor commissioner or board of any 466
	568	+	jurisdiction which such commissioners or boards may now or hereafter 467
	569	+	have. Neither the public utilities control authority nor any successor 468
	570	+	board or commissioner shall have jurisdiction of any kind over the 469
	571	+	authority, a subsidiary corporation, the representative policy board or 470
	572	+	the rates fixed or charges collected by the authority. [The authority shall 471
	573	+	annually file the report required of municipalities pursuant to section 472
	574	+	16-29 of the general statutes with the public utilities control authority or 473
	575	+	any successor board and the clerks of the towns and cities within the 474
	576	+	district.] 475
	577	+	Sec. 13. Subsection (a) of section 30 of special act 77-98, as amended 476
	578	+	by section 10 of special act 78-24 and section 20 of public act 02-85, is 477
	579	+	amended to read as follows (Effective from passage): 478
	580	+	(a) The authority or any person who is aggrieved by a decision of the 479
	581	+	representative policy board with respect to the establishment of rates or 480
	582	+	charges, the establishment of land use standards and disposition 481
	583	+	policies, the sale or other transfer or change of use of real property, the 482
	584	+	location of purification, filtration or wastewater treatment plants, the 483
	585	+	commencement of any project costing more than [two] three and one-484 Substitute Bill No. 5277
	586	+
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	590	+	16 of 17
	591	+
	592	+	half million dollars, and as adjusted by the Consumer Price Index factor, 485
	593	+	as described in section 4 of special act 77-98, as amended by special act 486
	594	+	78-24, special act 84-46, public act 02-85, special act 03-11, special act 13-487
	595	+	20 and this act, and subject to the approval of a majority of the weighted 488
	596	+	votes of the membership of the representative policy board, excluding 489
	597	+	vacancies, to repair, improve, construct, reconstruct, enlarge or extend 490
	598	+	any of the properties or systems of the authority or the acquisition by 491
	599	+	purchase, lease or otherwise of any existing water supply system, 492
	600	+	wastewater system or part thereof, other than the purchase of all or any 493
	601	+	part of the properties and franchises of the New Haven Water 494
	602	+	Company, is entitled to review by the Superior Court as provided in this 495
	603	+	section. For the purposes of this section, the holders of any bonds or 496
	604	+	notes of the authority and any trustee acting on behalf of such holders 497
	605	+	shall be deemed aggrieved persons with respect to any decision of the 498
	606	+	representative policy board which violates any covenant or other 499
	607	+	provision of the resolution or resolutions authorizing such bonds or 500
	608	+	notes. 501
	609	+	Sec. 14. Subsection (a) of section 1 of special act 03-12 is amended to 502
	610	+	read as follows (Effective from passage): 503
	611	+	(a) Notwithstanding any provision of the general statutes or any 504
	612	+	public or special act, the South Central Connecticut Regional Water 505
	613	+	Authority, created by special act 77-98, as amended, may sell, lease, 506
	614	+	assign or otherwise dispose of any class I or class II land, as defined in 507
	615	+	section 25-37c of the general statutes, upon which a single-family 508
	616	+	dwelling or barn owned by the South Central Connecticut Regional 509
	617	+	Water Authority is situated provided (1) such single-family dwelling or 510
	618	+	barn was so situated prior to January 1, 1976, (2) any underground 511
	619	+	storage tanks on such property have been removed, (3) the property is 512
	620	+	not greater than the minimum acreage required to meet zoning 513
	621	+	requirements plus any allowance necessary for setback allowances and 514
	622	+	access or egress consistent with local zoning and use requirements, and, 515
	623	+	if the single-family dwelling or barn is located on class I land, such 516
	624	+	minimum acreage is met by utilizing class II or class III land, as defined 517 Substitute Bill No. 5277
	625	+
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	629	+	17 of 17
	630	+
	631	+	in section 25-37c of the general statutes, to the greatest extent possible, 518
	632	+	(4) a restrictive covenant that would limit the expansion of the single-519
	633	+	family dwelling or barn and restrict any activity or expansion of any 520
	634	+	activity that would have a significant adverse [affect] effect on the public 521
	635	+	water supply is placed on the property, and (5) for class I land, the 522
	636	+	single-family dwelling or barn has historical significance, as confirmed, 523
	637	+	in writing, by the Connecticut Trust for Historic Preservation or its 524
	638	+	successor organization. 525
	639	+	This act shall take effect as follows and shall amend the following
	640	+	sections:
	641	+
	642	+	Section 1 from passage SA 77-98, Sec. 1
	643	+	Sec. 2 from passage SA 77-98, Sec. 2
	644	+	Sec. 3 from passage SA 77-98, Sec. 4
	645	+	Sec. 4 from passage SA 77-98, Sec. 5
	646	+	Sec. 5 from passage SA 77-98, Sec. 9
	647	+	Sec. 6 from passage SA 77-98, Sec. 14
	648	+	Sec. 7 from passage SA 77-98, Sec. 19
	649	+	Sec. 8 from passage SA 77-98, Sec. 20
	650	+	Sec. 9 from passage SA 77-98, Sec. 21(a)
	651	+	Sec. 10 from passage SA 77-98, Sec. 22(b)
	652	+	Sec. 11 from passage SA 77-98, Sec. 22(h)
	653	+	Sec. 12 from passage SA 77-98, Sec. 28
	654	+	Sec. 13 from passage SA 77-98, Sec. 30(a)
	655	+	Sec. 14 from passage SA 03-12, Sec. 1(a)
	656	+
	657	+	Statement of Legislative Commissioners:
	658	+	In Section 3(a), "1.5" was changed to "one and one-half" to conform with
	659	+	standard drafting conventions; in Section 4, the second and third
	660	+	sentences were reorganized for clarity; in Section 5, the second sentence
	661	+	was reorganized for clarity; in Section 6, in the first sentence, "including
	662	+	rates of interest on unpaid rates or charges," was added and "such rates
	663	+	or charges" was changed to "such rates, [or] charges or rates of interest"
	664	+	for clarity; and Section 7 was reorganized for clarity.
	665	+
	666	+	PD Joint Favorable Subst.
590	667