Connecticut 2024 Regular Session

Connecticut Senate Bill SB00011 Compare Versions

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57 General Assembly Substitute Bill No. 11
68 February Session, 2024
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1214 AN ACT CONCERNING CONNECTICUT RESILIENCY PLANNING AND
1315 PROVIDING MUNICIPAL OPTIONS FOR CLIMATE RESILIENCE.
1416 Be it enacted by the Senate and House of Representatives in General
1517 Assembly convened:
1618
1719 Section 1. (NEW) (Effective July 1, 2024) As used in this section and 1
1820 sections 2 to 10, inclusive, of this act unless the context otherwise 2
1921 requires: 3
2022 (1) "Captured assessed value" means the amount, as a percentage or 4
2123 stated sum, of increased assessed value that is utilized from year to year 5
2224 to finance project costs pursuant to the district master plan. 6
2325 (2) "Clean energy project" means a renewable energy project that 7
2426 utilizes Class I renewable sources, as defined in section 16-1 of the 8
2527 general statutes. 9
2628 (3) "Current assessed value" means the assessed value of all taxable 10
2729 real property within a resiliency improvement district as of October first 11
2830 of each year that the resiliency improvement district remains in effect. 12
2931 (4) "District master plan" means a statement of means and objectives 13
3032 prepared by the municipality, or two or more municipalities acting 14
3133 jointly under an interlocal agreement, relating to a resiliency 15
32-improvement district that is designed to (A) reduce the risk of, or 16
33-exposure to, extreme events, hazards and the effects of climate change, 17 Substitute Bill No. 11
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3842 (B) support economic development, (C) provide housing opportunities 18
3943 in existing residential areas, (D) improve or broaden the tax base, and 19
4044 (E) construct or improve the physical facilities and structures necessary 20
4145 for resilience projects, environmental infrastructure or clean energy 21
4246 projects, or any combination thereof, as described in section 4 of this act. 22
4347 (5) "Environmental infrastructure" has the same meaning as provided 23
4448 in section 16-245n of the general statutes. 24
4549 (6) "Financial plan" means a statement of the project costs and sources 25
4650 of revenue required to accomplish the district master plan. 26
4751 (7) "Increased assessed value" means the valuation amount by which 27
4852 the current assessed value of a resiliency improvement district exceeds 28
4953 the original assessed value of the resiliency improvement district. If the 29
5054 current assessed value is equal to or less than the original assessed 30
5155 value, there is no increased assessed value. 31
5256 (8) "Increased savings" means the valuation amount by which the 32
5357 current cost of any existing insurance premium, or other premium, 33
5458 surcharge or other fee identified within the resiliency improvement 34
5559 district may be reduced after the implementation of such district, 35
5660 resulting in a monetary savings to a resident of, or a business located in, 36
5761 such district. 37
5862 (9) "Joint resiliency improvement district" means a resiliency 38
5963 improvement district established by two or more contiguous 39
6064 municipalities that have entered into an interlocal agreement in 40
6165 accordance with sections 7-339a to 7-339l, inclusive, of the general 41
6266 statutes. 42
6367 (10) "Maintenance and operation" means all activities necessary to 43
6468 maintain facilities after they have been developed and all activities 44
6569 necessary to operate such facilities, including, but not limited to, 45
6670 informational, promotional and educational programs and safety and 46
6771 surveillance activities. 47 Substitute Bill No. 11
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7278 (11) "Municipality" means a town, city, borough, consolidated town 48
7379 and city or consolidated town and borough. 49
7480 (12) "Original assessed value" means the assessed value of all taxable 50
7581 real property within a resiliency improvement district as of October first 51
7682 of the tax year preceding the year in which the resiliency improvement 52
7783 district was established by the legislative body of a municipality. 53
7884 (13) "Project costs" means any expenditures or monetary obligations 54
7985 incurred or expected to be incurred that are authorized by section 6 of 55
8086 this act and included in a district master plan. 56
8187 (14) "Resilience" has the same meaning as provided in section 16-243y 57
8288 of the general statutes. 58
8389 (15) "Resilience project" means a project, including a capital project, 59
8490 that is designed and implemented to address climate change mitigation, 60
8591 adaptation or resilience, including, but not limited to, the following: 61
8692 (A) A project that mitigates the effects of river, bay or sea level rise, 62
8793 or rising groundwater, including wetlands or marsh restoration, 63
8894 riparian buffers, vegetated dunes, living shorelines, erosion control, 64
8995 road elevation, levees or other flood structures; 65
9096 (B) A project that mitigates the effects of extreme heat or the urban 66
9197 heat island effect, including increasing shade, deploying building and 67
9298 surface materials designed to reflect or absorb less heat, using pavement 68
9399 materials designed to reflect or absorb less heat, constructing, 69
94100 improving or modifying new or existing facilities or increasing access to 70
95101 cooling opportunities; 71
96102 (C) A project that mitigates the effects of drought, including the 72
97103 repurposing of land for multiple uses, the reduction of impervious 73
98104 surfaces, groundwater replenishment or groundwater storage, or a 74
99105 combination of such uses; or 75
100-(D) A project intended to reduce the risk of flooding, including 76
101-structure elevation or relocation, wetlands restoration, flood easements 77 Substitute Bill No. 11
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106114 or bypasses, riparian buffers or levees. 78
107115 (16) "Tax increment" means real property taxes assessed by a 79
108116 municipality upon the increased assessed value of property in the 80
109117 resiliency improvement district. 81
110118 (17) "Resiliency improvement district" means an area wholly within 82
111119 the corporate limits of one or more municipalities that has been 83
112120 established and designated as such pursuant to section 2 of this act and 84
113121 that is to be developed under a district master plan. 85
114122 (18) "Tax year" means the period of time beginning on July first and 86
115123 ending on the succeeding June thirtieth. 87
116124 Sec. 2. (NEW) (Effective July 1, 2024) (a) Any municipality may, by 88
117125 vote of its legislative body, establish a resiliency improvement district 89
118126 located wholly within the boundaries of such municipality in 90
119127 accordance with the requirements of this section and sections 3 to 10, 91
120128 inclusive, of this act. If a municipality is governed by a home rule 92
121129 charter, and such charter prohibits the establishment of a resiliency 93
122130 improvement district, such municipality shall not establish such district. 94
123131 Except as provided in subsection (d) of this section, the establishment of 95
124132 a resiliency improvement district approved by such municipality shall 96
125133 be effective upon the concurrent approval of such district and the 97
126134 adoption of a district master plan pursuant to section 4 of this act. 98
127135 (b) Within a resiliency improvement district, and consistent with the 99
128136 district master plan, the municipality, in addition to powers granted to 100
129137 such municipality under the Constitution of the state of Connecticut, the 101
130138 general statutes, the provisions of any special act or sections 3 to 10, 102
131139 inclusive, of this act shall have the following powers: 103
132140 (1) To acquire, construct, reconstruct, improve, preserve, alter, 104
133141 extend, operate or maintain property or promote development intended 105
134142 to meet the objectives of the district master plan. The municipality may 106
135-acquire property, land or easements through negotiation or by other 107
136-means authorized for any municipality under the general statutes; 108 Substitute Bill No. 11
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141151 (2) To execute and deliver contracts, agreements and other 109
142152 documents relating to the operation and maintenance of the resiliency 110
143153 improvement district; 111
144154 (3) To issue bonds and other obligations of the municipality in 112
145155 accordance with the provisions set forth in section 8 of this act; 113
146156 (4) Acting through its board of selectmen, town council or other 114
147157 governing body of such municipality, to enter into written agreements 115
148158 with a taxpayer that fixes the assessment of real property located within 116
149159 a resiliency improvement district, provided (A) the term of such 117
150160 agreement shall not exceed thirty years from the date of the agreement; 118
151161 and (B) the agreed assessment for such real property plus future 119
152162 improvements shall not be less than the assessment of the real property 120
153163 as of the last regular assessment date without such fu ture 121
154164 improvements. Any such agreement shall be recorded in the land 122
155165 records of the municipality. The recording of such agreement shall 123
156166 constitute notice of the agreement to any subsequent purchaser or 124
157167 encumbrancer of the property or any part of it, whether voluntary or 125
158168 involuntary, and such agreement shall be binding upon any subsequent 126
159169 purchaser or encumbrancer. If the municipality claims that the taxpayer 127
160170 or a subsequent purchaser or encumbrancer has violated the terms of 128
161171 such agreement, the municipality may bring an action in the superior 129
162172 court for the judicial district in which the municipality is located to 130
163173 enforce such agreement; 131
164174 (5) To accept grants, advances, loans or other financial assistance 132
165175 from the federal government, the state, private entities or any other 133
166176 source, including, but not limited to, such funds as allowable from 134
167177 sections 7-159d, 22a-498 and 25-85 of the general statutes, and undertake 135
168178 any additional actions necessary or desirable to secure such financial 136
169179 aid; and 137
170-(6) Upon such terms as the municipality determines, to furnish 138
180+(6) Upon such terms as the municipality determines, to furnish 138 Substitute Bill No. 11
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171187 services or facilities, provide property, lend, grant or contribute funds 139
172-and take any other action such municipality is authorized to perform for 140 Substitute Bill No. 11
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177189 any other purposes. 141
178190 (c) The resiliency improvement district may be dissolved or the 142
179191 boundaries of such district may be modified upon the vote of the 143
180192 legislative body of the municipality, except that the resiliency 144
181193 improvement district may not be dissolved nor may the boundaries of 145
182194 the resiliency improvement district be decreased if any bonds or other 146
183195 indebtedness authorized and issued by the municipality under sections 147
184196 3 to 10, inclusive, of this act remain outstanding. Notwithstanding the 148
185197 provisions of this subsection, outstanding obligation bonds of the 149
186198 municipality secured solely by the full faith and credit of the 150
187199 municipality shall not preclude the dissolution of, or the decrease of the 151
188200 boundaries of, a resiliency improvement district. 152
189201 (d) Two or more contiguous municipalities may enter into an 153
190202 interlocal agreement in accordance with sections 7-339a to 7-339l, 154
191203 inclusive, of the general statutes, to establish a joint resiliency 155
192204 improvement district and adopt a district master plan for a district that 156
193205 consists of contiguous properties partially located in each such 157
194206 municipality. Such interlocal agreement shall be adopted prior to the 158
195207 establishment of any such joint district and the adoption of a district 159
196208 master plan for such district. A joint resiliency improvement district 160
197209 shall be deemed established upon the concurrent approval of such 161
198210 district and the adoption of a district master plan by the legislative 162
199211 bodies of all of the municipalities participating in the interlocal 163
200212 agreement. 164
201213 (e) The interlocal agreement under which two or more contiguous 165
202214 municipalities establish a joint resiliency improvement district shall 166
203215 apportion any power, right, duty or obligation granted to, or required 167
204216 of, any municipality under the provisions of sections 3 to 10, inclusive, 168
205217 of this act among the municipalities participating in the interlocal 169
206-agreement. 170
218+agreement. 170 Substitute Bill No. 11
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207225 (f) Nothing in this section shall be construed to limit the power 171
208-granted to a municipality pursuant to any provision of the general 172 Substitute Bill No. 11
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213227 statutes or any special act to offer, enter into or modify any tax 173
214228 abatement for real property located in a resiliency improvement district 174
215229 if such real property contains one or more units of affordable housing, 175
216230 as defined in section 8-39a of the general statutes. 176
217231 Sec. 3. (NEW) (Effective July 1, 2024) Prior to the establishment of a 177
218232 resiliency improvement district and approval of a district master plan 178
219233 for such district, the legislative body of the municipality, or the board of 179
220234 selectmen in the case of a municipality in which the legislative body is a 180
221235 town meeting, shall: 181
222236 (1) Consider whether the proposed resiliency improvement district 182
223237 and district master plan will contribute to the well-being of the 183
224238 municipality or to the betterment of the health, welfare or safety of the 184
225239 inhabitants of the municipality; 185
226240 (2) Transmit the proposed district master plan to the planning 186
227241 commission of the municipality, if any, requesting a study of the 187
228242 proposed district master plan and a written advisory opinion, which 188
229243 shall include a determination on whether the proposed plan is 189
230244 consistent with the plan of conservation and development of the 190
231245 municipality adopted under section 8-23 of the general statutes, as 191
232246 amended by this act; 192
233247 (3) Hold at least one public hearing on the proposal to establish a 193
234248 resiliency improvement district and to adopt the proposed district 194
235249 master plan. Notice of the hearing shall be published not less than ten 195
236250 days prior to such hearing in a conspicuous place on the Internet web 196
237251 site of the municipality, or the municipalities acting jointly pursuant to 197
238252 an interlocal agreement, with the date and time such notice was so 198
239253 posted, and such notice shall include (A) the date, time and place of such 199
240254 hearing, (B) the legal description of the boundaries of the proposed 200
241255 resiliency improvement district, and (C) the draft district master plan, 201
242-which plan shall be made available for physical review and posted 202
256+which plan shall be made available for physical review and posted 202 Substitute Bill No. 11
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243263 electronically on the Internet web site of any applicable municipality; 203
244-and 204 Substitute Bill No. 11
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249265 (4) Determine whether the proposed resiliency improvement district 205
250266 meets the following conditions: 206
251267 (A) The district contains an area that experiences or is likely to 207
252268 experience adverse impacts from hazards or climate change, including, 208
253269 but not limited to, sea level rise, rising groundwater, extreme heat, 209
254270 drought or flooding; 210
255271 (B) The district has been identified in a municipal hazard mitigation 211
256272 plan, local plan of conservation and development, regional plan of 212
257273 conservation and development or has been identified by another related 213
258274 planning process; 214
259275 (C) The plan demonstrates a reduction of risk in the district from such 215
260276 identified adverse impacts from hazards or climate change; 216
261277 (D) A portion of the real property within the district shall be suitable 217
262278 for commercial, industrial, mixed-use or retail uses or transit-oriented 218
263279 development; 219
264280 (E) In the case of existing residential use, provides for the replacement 220
265281 of, or renovation to, residential buildings in the district, if the district is 221
266282 in a flood zone or within the boundaries of sea level rise as determined 222
267283 by the requirements of section 25-68o of the general statutes, as 223
268284 amended by this act, to include a height standard of not less than two 224
269285 feet of freeboard above the base flood elevation, or as designated by the 225
270286 state building code or municipal building requirements, whichever 226
271287 imposes a greater height standard, and whether construction of or 227
272288 renovation to commercial or industrial buildings shall be flood-proofed 228
273289 or elevated; 229
274290 (F) Provides for vehicle access to residential buildings in the district 230
275291 if the district is in a flood zone or is impacted by sea level rise, pursuant 231
276-to section 25-68o of the general statutes, as amended by this act, at a 232
292+to section 25-68o of the general statutes, as amended by this act, at a 232 Substitute Bill No. 11
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277299 height of two feet above base flood elevation; 233
278-(G) The proposed district will not increase the vulnerability and risk 234 Substitute Bill No. 11
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300+(G) The proposed district will not increase the vulnerability and risk 234
283301 to properties adjacent to the district or increase the risk to other hazards 235
284302 within the district; and 236
285303 (H) The original assessed value of a proposed resiliency 237
286304 improvement district plus the original assessed value of all existing tax 238
287305 increment districts within the relevant municipalities may not exceed 239
288306 ten per cent of the total value of taxable property within the 240
289307 municipalities as of October first of the year immediately preceding the 241
290308 establishment of the tax increment district. Excluded from the 242
291309 calculation in this subparagraph is any tax increment district established 243
292310 on or after October 1, 2015, that consists entirely of contiguous property 244
293311 owned by a single taxpayer. For the purpose of this subdivision, 245
294312 "contiguous property" includes a parcel or parcels of land divided by a 246
295313 road, power line, railroad line or right-of-way. 247
296314 Sec. 4. (NEW) (Effective July 1, 2024) (a) In connection with the 248
297315 establishment of a resiliency improvement district, the legislative body 249
298316 of a municipality shall adopt a district master plan for each resiliency 250
299317 improvement district and a statement of the percentage or stated sum 251
300318 of increased assessed value to be designated as captured assessed value 252
301319 in accordance with such plan. Such legislative body shall adopt such 253
302320 plan after receipt of a written advisory opinion from the planning 254
303321 commission or combined planning and zoning commission of the 255
304322 municipality pursuant to section 3 of this act or ninety days after such 256
305323 request was made, whichever is earlier. The district master plan shall be 257
306324 adopted at the same time that the resiliency improvement district is 258
307325 established as part of the resiliency improvement district adoption 259
308326 proceedings set forth in sections 2 to 10, inclusive, of this act. 260
309327 (b) The district master plan shall include: (1) The legal description of 261
310328 the boundaries of the resiliency improvement district; (2) a list of the tax 262
311329 identification numbers for all lots or parcels within the resiliency 263
312-improvement district; (3) a description of the present condition and uses 264
330+improvement district; (3) a description of the present condition and uses 264 Substitute Bill No. 11
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313337 of all land and buildings within the resiliency improvement district and 265
314338 how the construction or improvement of physical facilities or structures 266
315-will reduce or eliminate risk from any existing or expected hazards; (4) 267 Substitute Bill No. 11
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320340 a description of the existing or expected hazards facing the district; (5) a 268
321341 description of the public facilities, improvements or programs within 269
322342 the resiliency improvement district anticipated to be undertaken and 270
323343 financed in whole or in part; (6) in the event of existing residential use 271
324344 within the resiliency improvement district, a plan for the rehabilitation, 272
325345 construction or replacement of any such existing housing in accordance 273
326346 with the state's consolidated plan for housing and community 274
327347 development prepared pursuant to section 8-37t of the general statutes 275
328348 and the state plan of conservation and development prepared pursuant 276
329349 to chapter 297 of the general statutes, which plan shall also include 277
330350 meaningful efforts to reduce displacement plans; (7) a financial plan in 278
331351 accordance with subsection (c) of this section; (8) a plan for the proposed 279
332352 maintenance and operation of the resiliency improvements after the 280
333353 improvements are completed; and (9) the maximum duration of the 281
334354 resiliency improvement district, which may not exceed a total of fifty tax 282
335355 years beginning with the tax year in which the resiliency improvement 283
336356 district is established. 284
337357 (c) The financial plan in a district master plan shall include: (1) Cost 285
338358 estimates for the public improvements and developments anticipated in 286
339359 the district master plan; (2) cost estimates to support relocation or 287
340360 temporary housing for displaced residents; (3) the maximum amount of 288
341361 indebtedness to be incurred to implement the district master plan; (4) 289
342362 sources of anticipated revenues, including, but not limited to, increased 290
343363 savings, fees, assessments, grants or other sources; (5) a description of 291
344364 the terms and conditions of any agreements, including any anticipated 292
345365 savings agreements, assessment agreements, contracts or other 293
346366 obligations related to the district master plan; (6) estimates of increased 294
347367 assessed values and estimates of increased savings of the resiliency 295
348368 improvement district; and (7) the portion of the increased assessed 296
349369 values and increased savings to be applied to the district master plan as 297
350-captured assessed values and resulting tax increments in each year of 298
370+captured assessed values and resulting tax increments in each year of 298 Substitute Bill No. 11
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351377 the plan. 299
352378 (d) The district master plan may be amended from time to time by 300
353-the legislative body of each applicable municipality. Such legislative 301 Substitute Bill No. 11
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358380 body shall review the district master plan not less than once every ten 302
359381 years after the initial approval of the resiliency improvement district 303
360382 and the district master plan in order for the resiliency improvement 304
361383 district and the district master plan to remain in effect, provided no such 305
362384 district may be dissolved for the failure to comply with this section if 306
363385 any bonds or other indebtedness authorized and issued by the 307
364386 municipality under sections 2 to 10, inclusive, of this act remain 308
365387 outstanding. With respect to any district master plan that includes 309
366388 development that is funded in whole or in part by federal funds, the 310
367389 provisions of this subsection shall not apply to the extent that such 311
368390 provisions are prohibited by federal law. 312
369391 Sec. 5. (NEW) (Effective July 1, 2024) (a) In the district master plan, 313
370392 each applicable municipality may designate all or part of the tax 314
371393 increment revenues generated from the increased assessed value and all 315
372394 or part of any additional revenue resulting from the increased savings 316
373395 of a resiliency improvement district for the purpose of financing all or 317
374396 part of the implementation of the district master plan, and, in the case 318
375397 of any existing or planned residential use in such district, the percentage 319
376398 of such revenue necessary to rehabilitate, construct or replace dwellings 320
377399 for such use and to preserve, increase or improve access to affordable 321
378400 housing, as defined in section 8-39a of the general statutes, within the 322
379401 municipality, either within or adjacent to such district. The amount of 323
380402 tax increment revenues to be designated shall be determined by 324
381403 designating the captured assessed value, subject to any assessment 325
382404 agreements. 326
383405 (b) On or after the establishment of a resiliency improvement district 327
384406 and the adoption of a district master plan, the assessor of the 328
385407 municipality in which such district is located shall certify the original 329
386408 assessed value of the taxable real property within the boundaries of the 330
387-resiliency improvement district. Each year after the establishment of a 331
409+resiliency improvement district. Each year after the establishment of a 331 Substitute Bill No. 11
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388416 resiliency improvement district, the assessor shall certify the amount of 332
389417 the (1) current assessed value; (2) amount by which the current assessed 333
390418 value has increased or decreased from the original assessed value, 334
391-subject to any assessment agreements; and (3) amount of the captured 335 Substitute Bill No. 11
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396420 assessed value. Nothing in this subsection shall be construed to 336
397421 authorize the unequal apportionment or assessment of the taxes to be 337
398422 paid on real property in the municipality. Subject to any assessment 338
399423 agreements, an owner of real property within the resiliency 339
400424 improvement district shall pay real property taxes apportioned equally 340
401425 with real property taxes paid elsewhere in such municipality. 341
402426 (c) If a municipality has designated captured assessed value under 342
403427 subsection (a) of section 4 of this act: 343
404428 (1) Each applicable municipality shall establish a district master plan 344
405429 fund that consists of: (A) A project cost account that is pledged to and 345
406430 charged with the payment of project costs that are outlined in the 346
407431 financial plan, including the reimbursement of project cost expenditures 347
408432 incurred by a public body, which public body may be the municipality, 348
409433 a developer, any property owner or any other third-party entity, and 349
410434 that are paid in a manner other than as described in subparagraph (B) 350
411435 of this subdivision; and (B) in instances of indebtedness issued by the 351
412436 municipality in accordance with section 8 of this act to finance or 352
413437 refinance project costs, a development sinking fund account that is 353
414438 pledged to and charged with the (i) payment of the interest and 354
415439 principal as the interest and principal fall due, including any 355
416440 redemption premium; (ii) payment of the costs of providing or 356
417441 reimbursing any provider of any guarantee, letter of credit, policy of 357
418442 bond insurance or other credit enhancement device used to secure 358
419443 payment of debt service on any such indebtedness; and (iii) funding any 359
420444 required reserve fund; 360
421445 (2) The municipality shall annually set aside all tax increment 361
422446 revenues on captured assessed values and deposit all such revenues to 362
423447 the appropriate district master plan fund account established under 363
424-subdivision (1) of this subsection in the following order of priority: (A) 364
448+subdivision (1) of this subsection in the following order of priority: (A) 364 Substitute Bill No. 11
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425455 To the development sinking fund account, an amount sufficient, 365
426456 together with estimated future revenues to be deposited to the account 366
427457 and earnings on the amount, to satisfy all annual debt service on the 367
428-indebtedness issued in accordance with section 8 of this act and the 368 Substitute Bill No. 11
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458+indebtedness issued in accordance with section 8 of this act and the 368
433459 financial plan, except for general obligation bonds of the municipality 369
434460 secured solely by the full faith and credit of the municipality; and (B) to 370
435461 the project cost account, all such remaining tax increment revenues on 371
436462 captured assessed values; 372
437463 (3) The municipality shall make transfers between district master 373
438464 plan fund accounts established under subdivision (1) of this subsection, 374
439465 provided the transfers do not result in a balance in either account that is 375
440466 insufficient to cover the annual obligations of each respective account; 376
441467 (4) The municipality may, at any time during the term of the 377
442468 resiliency improvement district, by vote of the legislative body of the 378
443469 municipality, return to the municipal general fund any tax increment 379
444470 revenues remaining in either account established under subdivision (1) 380
445471 of this subsection that exceeds those estimated to be required to satisfy 381
446472 the obligations of the account after taking into account any transfer 382
447473 made under subdivision (3) of this subsection; and 383
448474 (5) Any account or fund established pursuant to subdivision (1) of 384
449475 this subsection shall be audited annually by an independent auditor 385
450476 who is a public accountant licensed to practice in this state and who 386
451477 meets the independence standards included in generally accepted 387
452478 government auditing standards. A report of such audit shall be open to 388
453479 public inspection. Certified copies of such audit shall be provided to the 389
454480 State Auditors of Public Accounts. 390
455481 Sec. 6. (NEW) (Effective July 1, 2024) Costs authorized for payment 391
456482 from a district master plan fund, established pursuant to section 5 of this 392
457483 act shall be limited to: 393
458484 (1) Costs of improvements made within the resiliency improvement 394
459-district, including, but not limited to, (A) capital costs, including, but not 395
485+district, including, but not limited to, (A) capital costs, including, but not 395 Substitute Bill No. 11
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460492 limited to, (i) the acquisition or construction of land, improvements, 396
461493 infrastructure, measures designed to improve resilience, environmental 397
462494 infrastructure, clean energy projects, public ways, parks, buildings, 398
463495 structures, railings, signs, landscaping, plantings, curbs, sidewalks, 399
464-turnouts, recreational facilities, structured parking, transportation 400 Substitute Bill No. 11
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496+turnouts, recreational facilities, structured parking, transportation 400
469497 improvements, pedestrian improvements and other related 401
470498 improvements, fixtures and equipment for public or private use, (ii) the 402
471499 demolition, alteration, remodeling, repair or reconstruction of existing 403
472500 buildings, structures and fixtures, (iii) environmental remediation, (iv) 404
473501 site preparation and finishing work, and (v) all fees and expenses 405
474502 associated with the capital cost of such improvements, including, but 406
475503 not limited to, licensing and permitting expenses and planning, 407
476504 engineering, architectural, testing, legal and accounting expenses; (B) 408
477505 financing costs, including, but not limited to, closing costs, issuance 409
478506 costs, reserve funds and capitalized interest; (C) real property assembly 410
479507 costs; (D) costs of technical and marketing assistance programs; (E) 411
480508 professional service costs, including, but not limited to, licensing, 412
481509 architectural, planning, engineering, development and legal expenses; 413
482510 (F) maintenance and operation costs; (G) administrative costs, 414
483511 including, but not limited to, reasonable charges for the time spent by 415
484512 municipal employees, other agencies or third-party entities in 416
485513 connection with the implementation of a district master plan; and (H) 417
486514 organizational costs relating to the planning and the establishment of 418
487515 the resiliency improvement district, including, but not limited to, the 419
488516 costs of conducting environmental impact and other studies and the 420
489517 costs of informing the public about the creation of resiliency 421
490518 improvement districts and the implementation of the district master 422
491519 plan; 423
492520 (2) Costs of improvements that are made outside the resiliency 424
493521 improvement district but are directly related to or are made necessary 425
494522 by the establishment or operation of the resiliency improvement district, 426
495523 including, but not limited to, (A) that portion of the costs reasonably 427
496524 related to the construction, alteration or expansion of any facilities not 428
497-located within the resiliency improvement district that are required due 429
525+located within the resiliency improvement district that are required due 429 Substitute Bill No. 11
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498532 to improvements or activities within the resiliency improvement 430
499533 district, including, but not limited to, roadways, traffic signalization, 431
500534 easements, sewage treatment plants, water treatment plants or other 432
501535 environmental protection devices, storm or sanitary sewer lines, water 433
502-lines, electrical lines, improvements to fire stations and street signs; (B) 434 Substitute Bill No. 11
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536+lines, electrical lines, improvements to fire stations and street signs; (B) 434
507537 costs of public safety and public school improvements made necessary 435
508538 by the establishment of the resiliency improvement district; and (C) 436
509539 costs of funding to mitigate any adverse impact of the resiliency 437
510540 improvement district upon the municipality and its constituents; and 438
511541 (3) Costs related to environmental improvement projects developed 439
512542 by the municipality related to the resiliency improvement district. 440
513543 Sec. 7. (NEW) (Effective July 1, 2024) (a) (1) Notwithstanding any 441
514544 provision of the general statutes, whenever a municipality constructs, 442
515545 improves, extends, equips, rehabilitates, repairs, acquires or provides a 443
516546 grant for any public improvements within a resiliency improvement 444
517547 district or finances the cost of such public improvements, the proportion 445
518548 of such cost or estimated cost of such public improvements and 446
519549 financing thereof, as determined by the municipality, may be assessed 447
520550 by the municipality, as a benefit assessment, in the manner prescribed 448
521551 by such municipality, upon the real property within the resiliency 449
522552 improvement district that is benefited by such public improvements. 450
523553 The municipality may provide for the payment of such benefit 451
524554 assessments in annual installments, not exceeding fifty years, and may 452
525555 forgive such benefit assessments in any given year without causing the 453
526556 remainder of installments of benefit assessments to be forgiven. Benefit 454
527557 assessments on real property where buildings or structures are 455
528558 constructed or expanded after the initial benefit assessment may be 456
529559 assessed as if the new or expanded buildings or structures on such real 457
530560 property existed at the time of the original benefit assessment. 458
531561 (2) Any benefit assessment shall be adopted and revised by the 459
532562 municipality not less than annually and not more than sixty days before 460
533563 the beginning of the fiscal year. If any benefit assessment is assessed and 461
534-levied prior to the acquisition or construction of the public 462
564+levied prior to the acquisition or construction of the public 462 Substitute Bill No. 11
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535571 improvements, the amount of any such assessment may be adjusted to 463
536572 reflect the actual cost of such public improvements, including all 464
537573 financing costs, once such public improvements are complete, if the 465
538-actual cost is greater than or less than the estimated costs. 466 Substitute Bill No. 11
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574+actual cost is greater than or less than the estimated costs. 466
543575 (b) Before estimating and making a benefit assessment under 467
544576 subsection (a) of this section, the municipality shall hold not less than 468
545577 one public hearing on such municipality's schedule of benefit 469
546578 assessments or any revision thereof. Notice of such hearing shall be 470
547579 published not less than ten days before such hearing in a conspicuous 471
548580 place on the Internet web site of the municipality, or the municipalities 472
549581 acting jointly pursuant to an interlocal agreement, with the date and 473
550582 time such notice was posted. The notice shall include (1) the date, time 474
551583 and place of such hearing; (2) the boundaries of the resiliency 475
552584 improvement district by legal description; (3) a statement that all 476
553585 interested persons owning real estate or taxable property located within 477
554586 the resiliency improvement district will be given an opportunity to be 478
555587 heard at the hearing and an opportunity to file objections to the amount 479
556588 of the assessment; (4) the maximum rate of assessments to be increased 480
557589 in any one year; and (5) a statement indicating that the proposed list of 481
558590 properties to be assessed and the estimated assessments against those 482
559591 properties are available at the city or town office or at the office of the 483
560592 assessor. The notice may include a maximum number of years the 484
561593 assessments will be levied. Not later than the date of the publication, the 485
562594 municipality shall make available to any member of the public, upon 486
563595 request, the proposed schedule of benefit assessments. The procedures 487
564596 for public hearing and appeal set forth in section 7-250 of the general 488
565597 statutes shall apply for all benefit assessments made by a municipality 489
566598 pursuant to this section, except that the board of finance, or the 490
567599 municipality's legislative body if no board of finance exists, shall be 491
568600 substituted for the water pollution control authority. 492
569601 (c) A municipality may adopt ordinances apportioning the value of 493
570602 improvements within a resiliency improvement district according to a 494
571-formula that reflects actual benefits that accrue to the various properties 495
603+formula that reflects actual benefits that accrue to the various properties 495 Substitute Bill No. 11
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572610 because of the development and maintenance. 496
573611 (d) A municipality may increase assessments or extend the maximum 497
574612 number of years the assessments will be levied after notice and public 498
575-hearing is held pursuant to subsection (b) of this section. 499 Substitute Bill No. 11
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613+hearing is held pursuant to subsection (b) of this section. 499
580614 (e) (1) Benefit assessments made under this section shall be collected 500
581615 and enforced in the same manner as municipal taxes unless otherwise 501
582616 provided in sections 2 to 10, inclusive, of this act. Benefit assessments 502
583617 shall be due and payable at such times as are fixed by the municipality, 503
584618 provided the municipality shall give notice of such due date not less 504
585619 than thirty days prior to such due date by publication in a conspicuous 505
586620 place on the Internet web site of each applicable municipality with the 506
587621 date and time such notice was so posted and by mailing such notice to 507
588622 the owners of the assessed real property at the last-known address of 508
589623 any such owner. All revenues from any assessment under this section 509
590624 shall be paid into the appropriate district master plan fund account 510
591625 established under subsection (c) of section 5 of this act. 511
592626 (2) If any property owner fails to pay any assessment or part of an 512
593627 assessment on or before the date on which such assessment or part of 513
594628 such assessment is due, the municipality shall have all the authority and 514
595629 powers to collect the delinquent assessments vested in the municipality 515
596630 by law to collect delinquent municipal taxes. Benefit assessments, if not 516
597631 paid when due, shall constitute a lien upon the real property served and 517
598632 a charge against the owners thereof, which lien and charge shall bear 518
599633 interest at the same rate as delinquent property taxes. Each such lien 519
600634 may be continued, recorded and released in the manner provided for 520
601635 property tax liens and shall take precedence over all other liens or 521
602636 encumbrances except a lien for property taxes of the municipality. 522
603637 Sec. 8. (NEW) (Effective July 1, 2024) (a) For the purpose of carrying 523
604638 out or administering a district master plan or other functions authorized 524
605639 under sections 2 to 10, inclusive, of this act, a municipality is authorized, 525
606640 subject to the limitations and procedures set forth in this section, to issue 526
607-from time to time bonds and other obligations of the municipality that 527
641+from time to time bonds and other obligations of the municipality that 527 Substitute Bill No. 11
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608648 are payable solely from and secured by (1) the full faith and credit 528
609649 pledge of the municipality; (2) a pledge of and lien upon any or all of 529
610650 the income, proceeds, revenues and property of the projects within the 530
611651 resiliency improvement district, including the proceeds of grants, loans, 531
612652 advances or contributions from the federal government, the state or 532
613-other source; (3) all revenues derived under sections 5 and 7 of this act 533 Substitute Bill No. 11
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653+other source; (3) all revenues derived under sections 5 and 7 of this act 533
618654 received by the municipality; or (4) any combination of the methods in 534
619655 subdivisions (1) to (3), inclusive, of this subsection. Except for bonds 535
620656 secured by the full faith credit pledge of the municipality, bonds 536
621657 authorized by this section shall not be included in computing the 537
622658 aggregate indebtedness of the municipality. 538
623659 (b) Notwithstanding the provisions of any other statute, municipal 539
624660 ordinance or charter provision governing the authorization and 540
625661 issuance of bonds generally by the municipality, any bonds payable and 541
626662 secured as provided in this section shall be authorized by a resolution 542
627663 adopted by the legislative body of the municipality. Such bonds shall, 543
628664 as determined by the legislative body of the municipality or the 544
629665 municipal officers who are designated such authority by such body, (1) 545
630666 be issued and sold; (2) bear interest at the rate or rates determined by 546
631667 the legislative body or its designee, including variable rates; (3) provide 547
632668 for the payment of interest on the dates determined by the legislative 548
633669 body or its designee, whether before or at maturity; (4) be issued at, 549
634670 above or below par; (5) mature at such time or times not exceeding thirty 550
635671 years; (6) have rank or priority; (7) be payable in such medium of 551
636672 payment; (8) be issued in such form, including, without limitation, 552
637673 registered or book-entry form, carry such registration and transfer 553
638674 privileges and be made subject to purchase or redemption before 554
639675 maturity at such price or prices and under such terms and conditions, 555
640676 including the condition that such bonds be subject to purchase or 556
641677 redemption on the demand of the owner thereof; and (9) contain such 557
642678 other required terms and particulars. 558
643679 (c) The municipality may require that the bonds issued hereunder be 559
644-secured by a trust agreement by and between the municipality and a 560
680+secured by a trust agreement by and between the municipality and a 560 Substitute Bill No. 11
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645687 corporate trustee, which may be any trust company or bank having the 561
646688 powers of a trust company within the state. The trust agreement may 562
647689 contain covenants or provisions for protecting and enforcing the rights 563
648690 and remedies of the bondholders as may be necessary, reasonable or 564
649691 appropriate and not in violation of law or other provisions or covenants 565
650692 that are consistent with sections 2 to 10, inclusive, of this act and which 566
651-the municipality determines in such proceedings are necessary, 567 Substitute Bill No. 11
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693+the municipality determines in such proceedings are necessary, 567
656694 convenient or desirable to better secure the bonds, or will tend to make 568
657695 the bonds more marketable, and which are in the best interests of the 569
658696 municipality. The pledge by any trust agreement shall be valid and 570
659697 binding from time to time when the pledge is made. The revenues or 571
660698 other moneys so pledged and then held or thereafter received by the 572
661699 municipality shall immediately be subject to the lien of the pledge 573
662700 without any physical delivery thereof or further act and the lien of the 574
663701 pledge shall be valid and binding as against all parties having claims of 575
664702 any kind in tort, contract or otherwise against the board, irrespective of 576
665703 whether the parties have notice thereof. All expenses incurred in 577
666704 carrying out such trust agreement may be treated as project costs. In case 578
667705 any municipal officer whose signature or a facsimile of whose signature 579
668706 shall appear on any bonds or coupons shall cease to be an officer before 580
669707 the delivery of the obligations, the signature or facsimile shall 581
670708 nevertheless be valid and sufficient for all purposes the same as if the 582
671709 officer had remained in office until the delivery. Notwithstanding any 583
672710 provision of the Uniform Commercial Code, neither this section, the 584
673711 resolution of the municipality approving the bonds or any trust 585
674712 agreement by which a pledge is created need be filed or recorded, and 586
675713 no filing need be made under title 42a of the general statutes. 587
676714 (d) While any bonds issued hereunder remain outstanding, the 588
677715 existence of the resiliency improvement district and the powers and 589
678716 duties of the municipality with respect to such resiliency improvement 590
679717 district shall not be diminished or impaired in any way that will affect 591
680718 adversely the interests and rights of the holders of the bonds. Any bonds 592
681719 issued by a municipality pursuant to this section, except for general 593
682-obligation bonds of the municipality secured by the full faith and credit 594
720+obligation bonds of the municipality secured by the full faith and credit 594 Substitute Bill No. 11
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683727 pledge of the municipality, shall contain on their face a statement to the 595
684728 effect that neither the state nor the municipality shall be obliged to pay 596
685729 the principal of or the interest thereon, and that neither the full faith and 597
686730 credit or taxing power of the state or the municipality is pledged to the 598
687731 payment of the bonds. All bonds issued under this section shall have 599
688732 and are hereby declared to have all the qualities and incidents of 600
689-negotiable instruments, as provided in title 42a of the general statutes. 601 Substitute Bill No. 11
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733+negotiable instruments, as provided in title 42a of the general statutes. 601
694734 (e) Any pledge made by a municipality pursuant to this section shall 602
695735 be valid and binding from the time when the pledge is made, and any 603
696736 revenues or other receipts, funds or moneys so pledged and thereafter 604
697737 received by the municipality shall be subject immediately to the lien of 605
698738 such pledge without any physical delivery thereof or further act. The 606
699739 lien of any such pledge shall be valid and binding as against all parties 607
700740 having claims of any kind in tort, contract or otherwise against the 608
701741 municipality, irrespective of whether such parties have notice of such 609
702742 lien. 610
703743 (f) Bonds issued under this section are hereby made securities in 611
704744 which all public officers and public bodies of the state and its political 612
705745 subdivisions, all insurance companies, trust companies, banking 613
706746 associations, investment companies, executors, administrators, trustees 614
707747 and other fiduciaries may properly and legally invest funds, including 615
708748 capital in their control and belonging to them and such bonds shall be 616
709749 securities that may properly and legally be deposited with and received 617
710750 by any state or municipal officer or any agency or political subdivision 618
711751 of the state for any purpose for which the deposit of bonds of the state 619
712752 is now or may hereafter be authorized by law. Bonds may be issued 620
713753 under this section without obtaining the consent of the state and without 621
714754 any proceedings or the happening of any other conditions or things 622
715755 other than those proceedings, conditions or things that are specifically 623
716756 required thereof by this section. 624
717757 (g) Nothing in this section shall be construed to restrict the ability of 625
718758 the municipality to raise revenue for the payment of project costs in any 626
719-manner otherwise authorized by law. 627
759+manner otherwise authorized by law. 627 Substitute Bill No. 11
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720766 (h) As used in this section, "bonds" means any bonds, including 628
721767 refunding bonds, notes, interim certificates, debentures or other 629
722768 obligations. 630
723769 Sec. 9. (NEW) (Effective July 1, 2024) The legislative body of each 631
724770 applicable municipality may create an advisory board, whose members 632
725-include owners or occupants of real property located in or adjacent to a 633 Substitute Bill No. 11
726-
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771+include owners or occupants of real property located in or adjacent to a 633
730772 resiliency improvement district. The advisory board may advise the 634
731773 legislative body and any designated administrative entity on the 635
732774 planning, construction and implementation of the district master plan 636
733775 and maintenance and operation of the resiliency improvement district 637
734776 after the district master plan is complete. 638
735777 Sec. 10. (NEW) (Effective July 1, 2024) (a) Within a resiliency 639
736778 improvement district, priority consideration shall be given in the 640
737779 solicitation, selection and design of infrastructure projects designed to 641
738780 increase resilience and that (1) utilize natural and nature-based 642
739781 solutions intended to restore, maintain or enhance ecosystem services 643
740782 and processes that maintain or improve on environmental quality in or 644
741783 adjacent to the district, or (2) address the needs of environmental justice 645
742784 communities, as defined in section 22a-20a of the general statutes, or of 646
743785 vulnerable communities, as defined in section 16-243y of the general 647
744786 statutes. 648
745787 (b) To the extent that a resiliency project results in the demolition or 649
746788 reduction of affordable housing, as defined in section 8-39a of the 650
747789 general statutes, the municipality, the developer of the resiliency 651
748790 project, a property owner or a third-party entity shall commit to replace 652
749791 such affordable housing units within the district. The replacement of 653
750792 such affordable housing shall occur not later than four years after such 654
751793 demolition or reduction. If the replacement is not feasible within the 655
752794 district boundaries, then such affordable housing shall be replaced 656
753795 within a reasonable proximity to the district at a rate of not less than two 657
754796 units for each unit that otherwise would have been replaced within the 658
755-district. 659
797+district. 659 Substitute Bill No. 11
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756804 Sec. 11. Subsections (d) to (f), inclusive, of section 8-23 of the general 660
757805 statutes are repealed and the following is substituted in lieu thereof 661
758806 (Effective July 1, 2024): 662
759807 (d) In preparing such plan, the commission or any special committee 663
760808 shall consider the following: (1) The community development action 664
761-plan of the municipality, if any, (2) the need for affordable housing, (3) 665 Substitute Bill No. 11
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809+plan of the municipality, if any, (2) the need for affordable housing, (3) 665
766810 the need for protection of existing and potential public surface and 666
767811 ground drinking water supplies, (4) the use of cluster development and 667
768812 other development patterns to the extent consistent with soil types, 668
769813 terrain and infrastructure capacity within the municipality, (5) the state 669
770814 plan of conservation and development adopted pursuant to chapter 297, 670
771815 (6) the regional plan of conservation and development adopted 671
772816 pursuant to section 8-35a, as amended by this act, (7) physical, social, 672
773817 economic and governmental conditions and trends, (8) the needs of the 673
774818 municipality including, but not limited to, human resources, education, 674
775819 health, housing, recreation, social services, public utilities, public 675
776820 protection, transportation and circulation and cultural and 676
777821 interpersonal communications, (9) the objectives of energy-efficient 677
778822 patterns of development, the use of solar and other renewable forms of 678
779823 energy and energy conservation, (10) protection and preservation of 679
780824 agriculture, (11) the most recent sea level change scenario updated 680
781825 pursuant to subsection (b) of section 25-68o, as amended by this act, 681
782826 [and] (12) the need for technology infrastructure in the municipality, 682
783827 and (13) for any such plan adopted on or after October 1, 2026, the most 683
784828 recent hazard and climate projections established by federal and state 684
785829 authorities, including, but not limited to, the National Oceanic and 685
786830 Atmospheric Administration, the Federal Emergency Management 686
787831 Agency, the United States Environmental Protection Agency and The 687
788832 University of Connecticut. 688
789833 (e) (1) [Such] Any such plan of conservation and development 689
790834 adopted prior to October 1, 2026, shall (A) be a statement of policies, 690
791835 goals and standards for the physical and economic development of the 691
792-municipality, (B) provide for a system of principal thoroughfares, 692
836+municipality, (B) provide for a system of principal thoroughfares, 692 Substitute Bill No. 11
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793843 parkways, bridges, streets, sidewalks, multipurpose trails and other 693
794844 public ways as appropriate, (C) be designed to promote, with the 694
795845 greatest efficiency and economy, the coordinated development of the 695
796846 municipality and the general welfare and prosperity of its people and 696
797847 identify areas where it is feasible and prudent (i) to have compact, 697
798848 transit accessible, pedestrian-oriented mixed use development patterns 698
799-and land reuse, and (ii) to promote such development patterns and land 699 Substitute Bill No. 11
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849+and land reuse, and (ii) to promote such development patterns and land 699
804850 reuse, (D) recommend the most desirable use of land within the 700
805851 municipality for residential, recreational, commercial, industrial, 701
806852 conservation, agricultural and other purposes and include a map 702
807853 showing such proposed land uses, (E) recommend the most desirable 703
808854 density of population in the several parts of the municipality, (F) note 704
809855 any inconsistencies with the following growth management principles: 705
810856 (i) Redevelopment and revitalization of commercial centers and areas of 706
811857 mixed land uses with existing or planned physical infrastructure; (ii) 707
812858 expansion of housing opportunities and design choices to accommodate 708
813859 a variety of household types and needs; (iii) concentration of 709
814860 development around transportation nodes and along major 710
815861 transportation corridors to support the viability of transportation 711
816862 options and land reuse; (iv) conservation and restoration of the natural 712
817863 environment, cultural and historical resources and existing farmlands; 713
818864 (v) protection of environmental assets critical to public health and 714
819865 safety; and (vi) integration of planning across all levels of government 715
820866 to address issues on a local, regional and state-wide basis, (G) make 716
821867 provision for the development of housing opportunities, including 717
822868 opportunities for multifamily dwellings, consistent with soil types, 718
823869 terrain and infrastructure capacity, for all residents of the municipality 719
824870 and the planning region in which the municipality is located, as 720
825871 designated by the Secretary of the Office of Policy and Management 721
826872 under section 16a-4a, (H) promote housing choice and economic 722
827873 diversity in housing, including housing for both low and moderate 723
828874 income households, and encourage the development of housing which 724
829875 will meet the housing needs identified in the state's consolidated plan 725
830876 for housing and community development prepared pursuant to section 726
831-8-37t and in the housing component and the other components of the 727
877+8-37t and in the housing component and the other components of the 727 Substitute Bill No. 11
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883+
832884 state plan of conservation and development prepared pursuant to 728
833885 chapter 297, and (I) consider allowing older adults and persons with a 729
834886 disability the ability to live in their homes and communities whenever 730
835887 possible. Such plan may: (i) Permit home sharing in single-family zones 731
836888 between up to four adult persons of any age with a disability or who are 732
837889 sixty years of age or older, whether or not related, who receive 733
838-supportive services in the home; (ii) allow accessory apartments for 734 Substitute Bill No. 11
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842-
890+supportive services in the home; (ii) allow accessory apartments for 734
843891 persons with a disability or persons sixty years of age or older, or their 735
844892 caregivers, in all residential zones, subject to municipal zoning 736
845893 regulations concerning design and long-term use of the principal 737
846894 property after it is no longer in use by such persons; and (iii) expand the 738
847895 definition of "family" in single-family zones to allow for accessory 739
848896 apartments for persons sixty years of age or older, persons with a 740
849897 disability or their caregivers. In preparing such plan the commission 741
850898 shall consider focusing development and revitalization in areas with 742
851899 existing or planned physical infrastructure. 743
852900 (2) Any such plan of conservation and development adopted on or 744
853901 after October 1, 2026, shall (A) be a statement of policies, goals and 745
854902 standards for the physical and economic development of the 746
855903 municipality; (B) provide for a system of principal thoroughfares, 747
856904 parkways, bridges, streets, sidewalks, multipurpose trails and other 748
857905 public ways as appropriate; (C) be designed to promote, with the 749
858906 greatest efficiency and economy, the coordinated development of the 750
859907 municipality and the general welfare and prosperity of its people and 751
860908 identify areas where it is feasible and prudent (i) to have compact, 752
861909 transit accessible, pedestrian-oriented mixed use development patterns 753
862910 and land reuse, and (ii) to promote such development patterns and land 754
863911 reuse; (D) (i) include a climate change vulnerability assessment, based 755
864912 on information from sources described in section 11 of this act which 756
865913 shall consist of an assessment of existing and anticipated threats to and 757
866914 vulnerabilities of the municipality that are associated with natural 758
867915 disasters, hazards and climate change, including, but not limited to, 759
868916 increased temperatures, drought, flooding, storm damage and sea level 760
869-rise, and the impacts such disasters and hazards may have on 761
917+rise, and the impacts such disasters and hazards may have on 761 Substitute Bill No. 11
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870924 individuals, communities, institutions, businesses, economic 762
871925 development, public infrastructure and facilities, public health, safety 763
872926 and welfare, (ii) identify goals, policies and techniques to avoid or 764
873927 reduce such threats, vulnerabilities and impacts, and (iii) include a 765
874928 statement describing any consistencies and inconsistencies identified 766
875929 between such assessment and any existing or proposed municipal 767
876-natural hazard mitigation plan, floodplain management plan, 768 Substitute Bill No. 11
877-
878-
879-LCO 25 of 62
880-
930+natural hazard mitigation plan, floodplain management plan, 768
881931 comprehensive emergency operations plan, emergency response plan, 769
882932 post-disaster recovery plan, long-range transportation plan or capital 770
883933 improvement plan in the municipality, and identifying and 771
884934 recommending, where necessary, the integration of data from such 772
885935 assessment into any such plans and any actions necessary to achieve 773
886936 consistency and coordination between such assessment and any such 774
887937 plans; (E) recommend the most desirable use of land within the 775
888938 municipality for residential, recreational, commercial, industrial, 776
889939 conservation, agricultural and other purposes and include a map 777
890940 showing such proposed land uses that considers the threats, 778
891941 vulnerabilities and impacts identified in the climate change 779
892942 vulnerability assessment conducted pursuant to subparagraph (D)(i) of 780
893943 this subdivision; (F) recommend the most desirable density of 781
894944 population in the several parts of the municipality; (G) note any 782
895945 inconsistencies with the following growth management principles: (i) 783
896946 Redevelopment and revitalization of commercial centers and areas of 784
897947 mixed land uses with existing or planned physical infrastructure; (ii) 785
898948 expansion of housing opportunities and design choices to accommodate 786
899949 a variety of household types and needs; (iii) concentration of 787
900950 development around transportation nodes and along major 788
901951 transportation corridors to support the viability of transportation 789
902952 options and land reuse and reduction of vehicle mileage; (iv) 790
903953 conservation and restoration of the natural environment, cultural and 791
904954 historical resources and existing farmlands; (v) protection of 792
905955 environmental assets critical to public health and safety; and (vi) 793
906956 integration of planning across all levels of government to address issues 794
907957 on a local, regional and state-wide basis; (H) make provision for the 795
908-development of housing opportunities, including opportunities for 796
958+development of housing opportunities, including opportunities for 796 Substitute Bill No. 11
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909965 multifamily dwellings, consistent with soil types, terrain and 797
910966 infrastructure capacity, for all residents of the municipality and the 798
911967 planning region in which the municipality is located, as designated by 799
912968 the Secretary of the Office of Policy and Management under section 16a-800
913969 4a; (I) promote housing choice and economic diversity in housing, 801
914970 including housing for both low and moderate income households, and 802
915-encourage the development of housing which will meet the housing 803 Substitute Bill No. 11
916-
917-
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919-
971+encourage the development of housing which will meet the housing 803
920972 needs identified in the state's consolidated plan for housing and 804
921973 community development prepared pursuant to section 8-37t and in the 805
922974 housing component and the other components of the state plan of 806
923975 conservation and development prepared pursuant to chapter 297; (J) 807
924976 consider allowing older adults and persons with disabilities the ability 808
925977 to live in their homes and communities whenever possible; (K) identify 809
926978 infrastructure, including, but not limited to, facilities, public utilities and 810
927979 roadways, that is critical for evacuation purposes and sustaining quality 811
928980 of life during a natural disaster, and which shall be maintained at all 812
929981 times in an operational state; (L) identify strategies and design 813
930982 standards that may be implemented to avoid or reduce risks associated 814
931983 with natural disasters, hazards and climate change; and (M) include 815
932984 geospatial data utilized in preparing such plan or that is necessary to 816
933985 convey information in such plan. Such plan may: (i) Permit home 817
934986 sharing in single-family zones between up to four adult persons of any 818
935987 age with a disability or who are sixty years of age or older, whether or 819
936988 not related, who receive supportive services in the home; (ii) allow 820
937989 accessory apartments for persons with a disability or persons sixty years 821
938990 of age or older, or their caregivers, in all residential zones, subject to 822
939991 municipal zoning regulations concerning design and long-term use of 823
940992 the principal property after it is no longer in use by such persons; (iii) 824
941993 expand the definition of "family" in single-family zones to allow for 825
942994 accessory apartments for persons sixty years of age or older, persons 826
943995 with a disability or their caregivers; and (iv) identify one or more areas 827
944996 that are vulnerable to the impacts of climate change for the purpose of 828
945997 prioritizing funding for infrastructure needs and resilience planning. In 829
946998 preparing such plan the commission shall consider focusing 830
947-development and revitalization in areas with existing or planned 831
999+development and revitalization in areas with existing or planned 831 Substitute Bill No. 11
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9481006 physical infrastructure. The commission or any special committee may 832
9491007 utilize information and data from any plan described in subparagraph 833
9501008 (D) of this subdivision in the preparation of such plan of conservation 834
9511009 and development, including a document coordinated by the applicable 835
9521010 council of governments with separate provisions for each applicable 836
9531011 municipality provided such information and data shall not be 837
954-incorporated by reference, but summarized and applied in such plan to 838 Substitute Bill No. 11
955-
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958-
1012+incorporated by reference, but summarized and applied in such plan to 838
9591013 the specific policies, goals and standards of the subject municipality. 839
9601014 [(2)] (3) For any municipality that is contiguous to Long Island Sound, 840
9611015 such plan shall be (A) consistent with the municipal coastal program 841
9621016 requirements of sections 22a-101 to 22a-104, inclusive, (B) made with 842
9631017 reasonable consideration for restoration and protection of the ecosystem 843
9641018 and habitat of Long Island Sound, and (C) designed to reduce hypoxia, 844
9651019 pathogens, toxic contaminants and floatable debris in Long Island 845
9661020 Sound. 846
9671021 (f) Such plan may show the commission's and any special 847
9681022 committee's recommendation for (1) conservation and preservation of 848
9691023 traprock and other ridgelines, (2) airports, parks, playgrounds and other 849
9701024 public grounds, (3) the general location, relocation and improvement of 850
9711025 schools and other public buildings, (4) the general location and extent 851
9721026 of public utilities and terminals, whether publicly or privately owned, 852
9731027 for water, light, power, transit and other purposes, (5) the extent and 853
9741028 location of public housing projects, (6) programs for the implementation 854
9751029 of the plan, including (A) a schedule, (B) a budget for public capital 855
9761030 projects, (C) a program for enactment and enforcement of zoning and 856
9771031 subdivision controls, building and housing codes and safety 857
9781032 regulations, (D) plans for implementation of affordable housing, (E) 858
9791033 plans for open space acquisition and greenways protection and 859
9801034 development, and (F) plans for corridor management areas along 860
9811035 limited access highways or rail lines, designated under section 16a-27, 861
9821036 as amended by this act, (7) proposed priority funding areas, (8) a land 862
9831037 use program that will promote the reduction and avoidance of risks 863
984-associated with natural disasters, hazards and climate change, 864
1038+associated with natural disasters, hazards and climate change, 864 Substitute Bill No. 11
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9851045 including, but not limited to, increased temperatures, drought, flooding, 865
9861046 hurricanes and sea level rise, (9) a program for the transfer of 866
9871047 development rights, which establishes criteria for sending and receiving 867
9881048 sites and technical details for the program consistent with the provisions 868
9891049 of section 8-2e, as amended by this act, and [(8)] (10) any other 869
9901050 recommendations as will, in the commission's or any special 870
9911051 committee's judgment, be beneficial to the municipality. The plan may 871
992-include any necessary and related maps, explanatory material, 872 Substitute Bill No. 11
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996-
1052+include any necessary and related maps, explanatory material, 872
9971053 photographs, charts or other pertinent data and information relative to 873
9981054 the past, present and future trends of the municipality. Any land use 874
9991055 program recommended pursuant to subdivision (8) of this subsection 875
10001056 may be a resiliency improvement district, as defined in section 1 of this 876
10011057 act. 877
10021058 Sec. 12. Subsection (i) of section 8-23 of the general statutes is repealed 878
10031059 and the following is substituted in lieu thereof (Effective July 1, 2024): 879
10041060 (i) (1) After completion of the public hearing, the commission may 880
10051061 revise the plan and may adopt the plan or any part thereof or 881
10061062 amendment thereto by a single resolution or may, by successive 882
10071063 resolutions, adopt parts of the plan and amendments thereto. 883
10081064 (2) Any plan, section of a plan or recommendation in the plan that is 884
10091065 not endorsed in the report of the legislative body or, in the case of a 885
10101066 municipality for which the legislative body is a town meeting or 886
10111067 representative town meeting, by the board of selectmen, of the 887
10121068 municipality may only be adopted by the commission by a vote of not 888
10131069 less than two-thirds of all the members of the commission. 889
10141070 (3) Upon adoption by the commission, any plan or part thereof or 890
10151071 amendment thereto shall become effective at a time established by the 891
10161072 commission, provided notice thereof shall be published in a newspaper 892
10171073 having a general circulation in the municipality prior to such effective 893
10181074 date. 894
1019-(4) Not more than thirty days after adoption, any plan or part thereof 895
1075+(4) Not more than thirty days after adoption, any plan or part thereof 895 Substitute Bill No. 11
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10201082 or amendment thereto shall be posted on the Internet web site of the 896
10211083 municipality, if any, and shall be filed in the office of the town clerk, 897
10221084 except that, if it is a district plan or amendment, it shall be filed in the 898
10231085 offices of both the district and town clerks. 899
10241086 (5) Not more than sixty days after adoption of the plan, the 900
10251087 commission shall submit a copy of the plan, including geospatial data 901
10261088 required pursuant to subparagraph (M) of subdivision (2) of subsection 902
1027-(e) of this section, to the Secretary of the Office of Policy and 903 Substitute Bill No. 11
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1031-
1089+(e) of this section, to the Secretary of the Office of Policy and 903
10321090 Management, [and] in a form and manner prescribed by the secretary. 904
10331091 The commission shall include with such copy a description of any 905
10341092 [inconsistency] inconsistencies between the plan adopted by the 906
10351093 commission and the regional plan of conservation and development 907
10361094 applicable to the municipality and the state plan of conservation and 908
10371095 development, and the reasons [therefor] for any such inconsistencies. 909
10381096 Sec. 13. Subdivisions (2) to (4), inclusive, of section 28-1 of the general 910
10391097 statutes are repealed and the following is substituted in lieu thereof 911
10401098 (Effective July 1, 2024): 912
10411099 (2) "Major disaster" means any catastrophe including, but not limited 913
10421100 to, any hurricane, tornado, storm, high water, wind-driven water, tidal 914
10431101 wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, 915
10441102 snowstorm, extreme heat or drought, or, regardless of cause, any fire, 916
10451103 flood, explosion, or man-made disaster in any part of this state that, (A) 917
10461104 in the determination of the President, causes damage of sufficient 918
10471105 severity and magnitude to warrant major disaster assistance under the 919
10481106 Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 920
10491107 USC 5121 et seq., as amended from time to time, to supplement the 921
10501108 efforts and available resources of this state, local governments within 922
10511109 the state, and disaster relief organizations in alleviating the damage, 923
10521110 loss, hardship, or suffering caused by such catastrophe, or (B) in the 924
10531111 determination of the Governor, requires the declaration of a civil 925
10541112 preparedness emergency pursuant to section 28-9. 926
1055-(3) "Emergency" means any occasion or instance for which, in the 927
1113+(3) "Emergency" means any occasion or instance for which, in the 927 Substitute Bill No. 11
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10561120 determination of the Governor or the President, state or federal 928
10571121 assistance is needed to supplement state or local efforts and capabilities 929
10581122 to save lives and protect property, public health and safety or to avert 930
10591123 or lessen the threat of a disaster or catastrophe in any part of this state. 931
10601124 (4) "Civil preparedness" means all those activities and measures 932
10611125 designed or undertaken (A) to minimize or control the effects upon the 933
10621126 civilian population of major disaster or emergency, (B) to minimize the 934
1063-effects upon the civilian population caused or which would be caused 935 Substitute Bill No. 11
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1127+effects upon the civilian population caused or which would be caused 935
10681128 by an attack upon the United States, (C) to deal with the immediate 936
10691129 emergency conditions which would be created by any such attack, 937
10701130 major disaster or emergency, and (D) to effectuate emergency repairs to, 938
10711131 or the emergency restoration of, vital utilities and facilities destroyed or 939
10721132 damaged by any such attack, major disaster or emergency. Such term 940
10731133 shall include, but shall not be limited to, (i) measures to be taken in 941
10741134 preparation for anticipated attack, major disaster, prolonged or intense 942
10751135 exposure to precipitation, drought, heat, fire, flooding or emergency, 943
10761136 including the establishment of appropriate organizations, operational 944
10771137 plans and supporting agreements; the recruitment and training of 945
10781138 personnel; the conduct of research; the procurement and stockpiling of 946
10791139 necessary materials and supplies; the provision of suitable warning 947
10801140 systems; the construction and preparation of shelters, shelter areas and 948
10811141 control centers; and, when appropriate, the nonmilitary evacuation of 949
10821142 the civilian population, pets and service animals; (ii) measures to be 950
10831143 taken during attack, major disaster, prolonged or intense exposure to 951
10841144 precipitation, drought, heat, fire, flooding or emergency, including the 952
10851145 enforcement of passive defense regulations prescribed by duly 953
10861146 established military or civil authorities; the evacuation of personnel to 954
10871147 shelter areas; the control of traffic and panic; and the control and use of 955
10881148 lighting and civil communication; and (iii) measures to be taken 956
10891149 following attack, major disaster, prolonged or intense exposure to 957
10901150 precipitation, drought, heat, fire, flooding or emergency, including 958
10911151 activities for firefighting; rescue, emergency medical, health and 959
10921152 sanitation services; monitoring for specific hazards of special weapons; 960
1093-unexploded bomb reconnaissance; essential debris clearance; 961
1153+unexploded bomb reconnaissance; essential debris clearance; 961 Substitute Bill No. 11
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10941160 emergency welfare measures; and immediately essential emergency 962
10951161 repair or restoration of damaged vital facilities. 963
10961162 Sec. 14. Section 25-68o of the general statutes is repealed and the 964
10971163 following is substituted in lieu thereof (Effective July 1, 2024): 965
10981164 (a) On and after October 1, 2019, in the preparation of any municipal 966
10991165 evacuation plan or hazard mitigation plan, such municipality shall 967
11001166 consider the most recent sea level change scenario updated pursuant to 968
1101-subsection (b) of this section. On and after October 1, 2025, any such plan 969 Substitute Bill No. 11
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1167+subsection (b) of this section. On and after October 1, 2025, any such plan 969
11061168 shall identify and address (1) threats to surface transportation, critical 970
11071169 infrastructure and local land uses as a result of such sea level change, 971
11081170 and (2) actions, strategies and capital projects to avoid or reduce impacts 972
11091171 and risks resulting from climate change, including, but not limited to, 973
11101172 increased precipitation, flooding, sea level rise and extreme heat. Any 974
11111173 such surface transportation, critical infrastructure, local land uses, 975
11121174 actions, strategies and capital projects shall be identified in geospatial 976
11131175 data, as applicable, in addition to being identified in such plan, and such 977
11141176 data shall be made available to the Commissioner of Emergency 978
11151177 Services and Public Protection and the Secretary of the Office of Policy 979
11161178 and Management upon request. Such work may be conducted on a 980
11171179 regional basis. 981
11181180 (b) Within available resources and not less than once every ten years, 982
11191181 the Marine Sciences Division of The University of Connecticut shall 983
11201182 publish a sea level change scenario for the state based upon the sea level 984
11211183 change scenarios published by the National Oceanic and Atmospheric 985
11221184 Administration in Technical Report OAR CPO-1 and other available 986
11231185 scientific data necessary to create a scenario applicable to the state 987
11241186 coastline. Within available resources and not less than ninety days prior 988
11251187 to publishing such sea level change scenario by said Marine Sciences 989
11261188 Division, the division and the Department of Energy and Environmental 990
11271189 Protection shall conduct not less than one public hearing concerning 991
11281190 such update. Not later than sixty days after the last public hearing, the 992
11291191 Commissioner of Energy and Environmental Protection shall publish 993
1130-the sea level change scenario for the state on the Internet web site of the 994
1192+the sea level change scenario for the state on the Internet web site of the 994 Substitute Bill No. 11
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11311199 Department of Energy and Environmental Protection along with a 995
11321200 notice that any previous updates are superseded. 996
11331201 Sec. 15. Section 7-364 of the general statutes is repealed and the 997
11341202 following is substituted in lieu thereof (Effective July 1, 2024): 998
11351203 Upon the recommendation of the budget-making authority and 999
11361204 approval by the legislative body, any part or the whole of such fund 1000
11371205 may be used for (1) capital and nonrecurring expenditures, but such use 1001
1138-shall be restricted to the financing of all or part of the planning, 1002 Substitute Bill No. 11
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1142-
1206+shall be restricted to the financing of all or part of the planning, 1002
11431207 construction, reconstruction or acquisition of any specific capital 1003
11441208 improvement, including, but not limited to, planning, construction, 1004
11451209 reconstruction or acquisition intended to increase the resiliency of a 1005
11461210 capital improvement against the impacts of climate change, including, 1006
11471211 but not limited to, increased precipitation, flooding, sea level rise and 1007
11481212 extreme heat, or the acquisition of any specific item of equipment, (2) 1008
11491213 costs associated with a property tax revaluation, and (3) costs associated 1009
11501214 with the preparation, amendment or adoption of a plan of conservation 1010
11511215 and development pursuant to section 8-23, as amended by this act. 1011
11521216 Upon the approval of any such expenditure, an appropriation shall be 1012
11531217 set up, plainly designated for the project, acquisition, revaluation or 1013
11541218 plan of conservation and development for which it has been authorized, 1014
11551219 and such unexpended appropriation may be continued until such 1015
11561220 project, acquisition, revaluation or plan of conservation and 1016
11571221 development is completed. Any unexpended portion of such 1017
11581222 appropriation remaining after such completion shall revert to said 1018
11591223 reserve fund. 1019
11601224 Sec. 16. Subsection (a) of section 13a-175a of the general statutes is 1020
11611225 repealed and the following is substituted in lieu thereof (Effective July 1, 1021
11621226 2024): 1022
11631227 (a) For each fiscal year there shall be allocated twelve million five 1023
11641228 hundred thousand dollars out of the funds appropriated to the 1024
11651229 Department of Transportation, or from any other source, not otherwise 1025
1166-prohibited by law, to be used by the towns for (1) the construction, 1026
1230+prohibited by law, to be used by the towns for (1) the construction, 1026 Substitute Bill No. 11
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11671237 reconstruction, improvement [or] and maintenance of highways, 1027
11681238 sections of highways, bridges [or] and structures incidental to highways 1028
11691239 and bridges [or the improvement thereof,] including (A) construction, 1029
11701240 reconstruction, improvements and maintenance intended to increase 1030
11711241 resiliency against increased precipitation, flooding, sea level rise and 1031
11721242 extreme heat, and (B) the plowing of snow, [the] sanding of icy 1032
11731243 pavements, [the] trimming and removal of trees [, the] and installation, 1033
11741244 replacement and maintenance of traffic signs, signals and markings; [, 1034
11751245 for] (2) traffic control and vehicular safety programs, traffic and parking 1035
1176-planning and administration, and other purposes and programs related 1036 Substitute Bill No. 11
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1180-
1246+planning and administration, and other purposes and programs related 1036
11811247 to highways, traffic and parking; [, and for] and (3) the purposes of 1037
11821248 providing and operating essential public transportation services and 1038
11831249 related facilities. 1039
11841250 Sec. 17. (NEW) (Effective July 1, 2024) Not later than October 1, 2026, 1040
11851251 and annually thereafter, each municipality shall, in a form and manner 1041
11861252 prescribed by the Office of Policy and Management in consultation with 1042
11871253 the Departments of Transportation and Energy and Environmental 1043
11881254 Protection, submit a report concerning each culvert and bridge within 1044
11891255 the control and boundaries of such municipality, provided such work 1045
11901256 may be conducted on a regional basis. Such report shall (1) include, but 1046
11911257 need not be limited to, geospatial data pertaining to each culvert and 1047
11921258 bridge, the locational coordinates of each culvert and bridge, the age and 1048
11931259 dimensions of each culvert and bridge, and any additional information 1049
11941260 deemed necessary by the Office of Policy and Management, in 1050
11951261 consultation with the Departments of Transportation and Energy and 1051
11961262 Environmental Protection, and (2) be submitted to the Office of Policy 1052
11971263 and Management, the Departments of Transportation and Energy and 1053
11981264 Environmental Protection, and the regional of council of governments 1054
11991265 of which such municipality is a member, if applicable. 1055
12001266 Sec. 18. Subsections (a) and (b) of section 8-35a of the general statutes 1056
12011267 are repealed and the following is substituted in lieu thereof (Effective July 1057
12021268 1, 2024): 1058
1203-(a) At least once every ten years, each regional council of 1059
1269+(a) At least once every ten years, each regional council of 1059 Substitute Bill No. 11
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12041276 governments shall make a plan of conservation and development for its 1060
12051277 area of operation, showing its recommendations for the general use of 1061
12061278 the area including land use, housing, principal highways and freeways, 1062
12071279 bridges, airports, parks, playgrounds, recreational areas, schools, public 1063
12081280 institutions, public utilities, agriculture and such other matters as, in the 1064
12091281 opinion of the council, will be beneficial to the area. Any regional plan 1065
12101282 so developed shall be based on studies of physical, social, economic and 1066
12111283 governmental conditions and trends and shall be designed to promote 1067
12121284 with the greatest efficiency and economy the coordinated development 1068
1213-of its area of operation and the general welfare and prosperity of its 1069 Substitute Bill No. 11
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1217-
1285+of its area of operation and the general welfare and prosperity of its 1069
12181286 people. Such plan may encourage resilient and energy-efficient patterns 1070
12191287 of development, land use strategies to reduce the impacts of climate 1071
12201288 change, the use of solar and other renewable forms of energy, and 1072
12211289 energy conservation. Such plan shall be designed to promote abatement 1073
12221290 of the pollution of the waters and air of the region. Such plan shall 1074
12231291 consider the need for technology infrastructure in the region. The 1075
12241292 regional plan shall identify areas where it is feasible and prudent (1) to 1076
12251293 have compact, transit accessible, pedestrian-oriented mixed use 1077
12261294 development patterns and land reuse, and (2) to promote such 1078
12271295 development patterns and land reuse and shall note any inconsistencies 1079
12281296 with the following growth management principles: (A) Redevelopment 1080
12291297 and revitalization of regional centers and areas of mixed land uses with 1081
12301298 existing or planned physical infrastructure; (B) expansion of housing 1082
12311299 opportunities and design choices to accommodate a variety of 1083
12321300 household types and needs; (C) concentration of development around 1084
12331301 transportation nodes and along major transportation corridors to 1085
12341302 support the viability of transportation options and land reuse; (D) 1086
12351303 conservation and restoration of the natural environment, cultural and 1087
12361304 historical resources and traditional rural lands; (E) protection of 1088
12371305 environmental assets or ecosystem services critical to public health and 1089
12381306 safety; and (F) integration of planning across all levels of government to 1090
12391307 address issues on a local, regional and state-wide basis. The plan of each 1091
12401308 region contiguous to Long Island Sound shall be designed to reduce 1092
12411309 hypoxia, pathogens, toxic contaminants and floatable debris in Long 1093
1242-Island Sound. On and after October 1, 2025, such plan shall (i) 1094
1310+Island Sound. On and after October 1, 2025, such plan shall (i) 1094 Substitute Bill No. 11
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1316+
12431317 demonstrate consistency with the regional long-range transportation 1095
12441318 plan, and the regional summary of the hazard mitigation plan in the case 1096
12451319 of a multi-jurisdiction hazard mitigation plan, and (ii) identify critical 1097
12461320 facilities in the region and include geospatial data relative to such 1098
12471321 facilities. Such geospatial information shall indicate location, address 1099
12481322 and general function of the infrastructure. 1100
12491323 (b) Before adopting the regional plan of conservation and 1101
12501324 development or any part thereof or amendment thereto the regional 1102
1251-council of governments shall hold at least one public hearing thereon, 1103 Substitute Bill No. 11
1252-
1253-
1254-LCO 35 of 62
1255-
1325+council of governments shall hold at least one public hearing thereon, 1103
12561326 notice of the time, place and subject of which shall be given in writing 1104
12571327 to the chief executive officer and planning commission, where one 1105
12581328 exists, of each member town, city or borough. Notice of the time, place 1106
12591329 and subject of such hearing shall be published once in a newspaper 1107
12601330 having a substantial circulation in the region. Such notices shall be given 1108
12611331 not more than twenty days or less than ten days before such hearing. At 1109
12621332 least sixty-five days before the public hearing the regional council of 1110
12631333 governments shall post the plan on the Internet web site of the council, 1111
12641334 if any, and submit the plan to the Secretary of the Office of Policy and 1112
12651335 Management for findings in the form of comments and 1113
12661336 recommendations. By October 1, 2011, the secretary shall establish, by 1114
12671337 regulations adopted in accordance with the provisions of chapter 54, 1115
12681338 criteria for such findings which shall include procedures for a uniform 1116
12691339 review of regional plans of conservation and development to determine 1117
12701340 if a proposed regional plan of conservation and development is not 1118
12711341 inconsistent with the state plan of conservation and development and 1119
12721342 the state economic strategic plan. The regional council of governments 1120
12731343 shall note on the record any inconsistency with the state plan of 1121
12741344 conservation and development and the reasons for such inconsistency. 1122
12751345 Adoption of the plan or part thereof or amendment thereto shall be 1123
12761346 made by the affirmative vote of not less than a majority of the 1124
12771347 representatives on the council. The plan shall be posted on the Internet 1125
12781348 web site of the council, if any, and a copy of the plan or of any 1126
12791349 amendments thereto, signed by the chairman of the council, shall be 1127
1280-transmitted to the chief executive officers, the town, city or borough 1128
1350+transmitted to the chief executive officers, the town, city or borough 1128 Substitute Bill No. 11
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1356+
12811357 clerks, as the case may be, and to planning commissions, if any, in 1129
12821358 member towns, cities or boroughs, and to the Secretary of the Office of 1130
12831359 Policy and Management, or his or her designee. The geospatial data 1131
12841360 developed pursuant to subsection (a) of this section shall be made 1132
12851361 available to the Commissioner of Emergency Services and Public 1133
12861362 Protection or the Secretary of the Office of Policy and Management upon 1134
12871363 request. The regional council of governments shall notify the Secretary 1135
12881364 of the Office of Policy and Management of any inconsistency with the 1136
1289-state plan of conservation and development and the reasons therefor. 1137 Substitute Bill No. 11
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1293-
1365+state plan of conservation and development and the reasons therefor. 1137
12941366 Sec. 19. Section 29-251 of the general statutes is repealed and the 1138
12951367 following is substituted in lieu thereof (Effective July 1, 2024): 1139
12961368 There shall be within the Department of Administrative Services a 1140
12971369 Codes and Standards Committee whose duty it shall be to work with 1141
12981370 the State Building Inspector in the enforcement of this part and the State 1142
12991371 Fire Marshal in the enforcement of part II of this chapter as set forth 1143
13001372 herein. The committee shall be composed of twenty-one members, 1144
13011373 residents of the state, appointed by the Commissioner of Administrative 1145
13021374 Services as follows: (1) Two shall be architects licensed in the state of 1146
13031375 Connecticut; (2) three shall be professional engineers licensed in the 1147
13041376 state of Connecticut, two of whom shall practice either structural, 1148
13051377 mechanical or electrical engineering but in no event shall both of such 1149
13061378 members represent the same specialty, and one of whom shall be a 1150
13071379 practicing fire protection engineer or mechanical engineer with 1151
13081380 extensive experience in fire protection; (3) two shall be builders or 1152
13091381 superintendents of construction, one of whom shall have expertise in 1153
13101382 residential construction and one of whom shall have expertise in 1154
13111383 nonresidential construction; (4) one shall be a public health official; (5) 1155
13121384 two shall be building officials; (6) two shall be local fire marshals; (7) one 1156
13131385 shall be a Connecticut member of a national building trades labor 1157
13141386 organization; (8) one shall have expertise in matters relating to energy 1158
13151387 efficiency; (9) four shall be public members, one of whom shall have 1159
13161388 expertise in matters relating to accessibility and use of facilities by 1160
1317-persons with physical disabilities; (10) one shall be a contractor licensed 1161
1389+persons with physical disabilities; (10) one shall be a contractor licensed 1161 Substitute Bill No. 11
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1395+
13181396 to perform electrical work or a member of a state-wide electrical trades 1162
13191397 labor organization; (11) one shall be a contractor licensed to perform 1163
13201398 plumbing and piping work or a member of a state-wide plumbing 1164
13211399 trades labor organization; and (12) one shall be a contractor licensed to 1165
13221400 perform heating, piping and cooling work or a member of a state-wide 1166
13231401 heating and cooling trades labor organization. Each member, other than 1167
13241402 the public members described in subdivision (9) of this section, shall 1168
13251403 have had not less than ten years' practical experience in such member's 1169
13261404 profession or business. Not fewer than five members, who shall not be 1170
1327-public members described in subdivision (9) of this section, shall have 1171 Substitute Bill No. 11
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1331-
1405+public members described in subdivision (9) of this section, shall have 1171
13321406 received training, certification or experience in construction techniques 1172
13331407 that increase the resilience of buildings and building elements against 1173
13341408 the impacts of climate change. The committee shall adopt regulations in 1174
13351409 accordance with the provisions of chapter 54 governing the procedure 1175
13361410 of the committee. Members who fail to attend three consecutive 1176
13371411 meetings or fifty per cent of all meetings during a calendar year shall be 1177
13381412 deemed to have resigned. The committee may, within the limits of 1178
13391413 appropriations provided therefor, employ such assistants as may be 1179
13401414 necessary to conduct its business. 1180
13411415 Sec. 20. Subsection (c) of section 29-251c of the general statutes is 1181
13421416 repealed and the following is substituted in lieu thereof (Effective July 1, 1182
13431417 2024): 1183
13441418 (c) The commissioner shall establish a program of education and 1184
13451419 training in the mechanics and application of the State Building Code and 1185
13461420 the Fire Safety Code conducted for any municipal or state code official, 1186
13471421 or any candidate for such positions, and a continuing educational 1187
13481422 program in the mechanics and application of the State Building Code 1188
13491423 and the Fire Safety Code for any architect, engineer, landscape architect, 1189
13501424 interior designer, builder, contractor or superintendent of construction 1190
13511425 doing business in this state. Such programs shall include education and 1191
13521426 training in construction techniques that maximize energy efficiency, 1192
13531427 minimize greenhouse gas emissions and increase the resilience of 1193
1354-buildings and building elements against the impacts of climate change. 1194
1428+buildings and building elements against the impacts of climate change. 1194 Substitute Bill No. 11
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13551435 Sec. 21. Section 29-256a of the general statutes is repealed and the 1195
13561436 following is substituted in lieu thereof (Effective July 1, 2024): 1196
13571437 (a) (1) The State Building Inspector and the Codes and Standards 1197
13581438 Committee shall revise the State Building Code to require that 1198
13591439 commercial and residential buildings and building elements be 1199
13601440 designed to provide optimum cost-effective energy efficiency over the 1200
13611441 useful life of the building and to incorporate the 2012 International 1201
13621442 Energy Conservation Code, not later than eighteen months after the 1202
1363-publication of said code. [The provisions of this section shall not be 1203 Substitute Bill No. 11
1364-
1365-
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1367-
1443+publication of said code. [The provisions of this section shall not be 1203
13681444 construed to impose any new requirement for any renovation or 1204
13691445 construction of a state building that is subject to the requirements of 1205
13701446 section 16a-38k, regardless of whether such building has been granted 1206
13711447 an exemption under said section.] 1207
13721448 (2) On and after July 1, 2025, the State Building Inspector and the 1208
13731449 Codes and Standards Committee shall revise the State Building Code to 1209
13741450 (A) require that the buildings and building elements described in 1210
13751451 subdivision (1) of this subsection be designed to provide optimum 1211
13761452 greenhouse gas emission reduction and resiliency against the impacts of 1212
13771453 climate change over the useful life of the building, and (B) incorporate 1213
13781454 the most recent International Energy Conservation Code, not later than 1214
13791455 eighteen months after the publication of said code. 1215
13801456 (3) The provisions of this section shall not be construed to impose any 1216
13811457 new requirement for any renovation or construction of a state building 1217
13821458 that is subject to the requirements of section 16a-38k, regardless of 1218
13831459 whether such building has been granted an exemption under said 1219
13841460 section. 1220
13851461 (b) (1) Notwithstanding subsection (a) of this section, on and after 1221
13861462 July 1, 2010, the State Building Inspector and the Codes and Standards 1222
13871463 Committee, in consultation with the Commissioner of Administrative 1223
13881464 Services, shall revise the State Building Code to include provisions 1224
13891465 requiring certain buildings of or over a specified minimum size, that 1225
1390-qualify as a new construction or a major alteration of a residential or 1226
1466+qualify as a new construction or a major alteration of a residential or 1226 Substitute Bill No. 11
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1471+39 of 62
1472+
13911473 nonresidential building, to meet or exceed optimum cost-effective 1227
13921474 building construction standards concerning the thermal envelope or 1228
13931475 mechanical systems, including, but not limited to, indoor air quality and 1229
13941476 water conservation, and the lighting and electrical systems of the 1230
13951477 building. [Such provisions] 1231
13961478 (2) Notwithstanding subsection (a) of this section, on and after July 1, 1232
13971479 2025, the State Building Inspector and the Codes and Standards 1233
13981480 Committee, in consultation with the Commissioner of Administrative 1234
1399-Services, shall revise the State Building Code to include provisions 1235 Substitute Bill No. 11
1400-
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1403-
1481+Services, shall revise the State Building Code to include provisions 1235
14041482 requiring that the buildings described in subdivision (1) of this 1236
14051483 subsection meet or exceed optimum cost-effective building construction 1237
14061484 standards concerning the resiliency of such buildings to flood and wind 1238
14071485 hazards, the impacts of climate change and the most recent sea level 1239
14081486 change scenario updated pursuant to section 25-68o, as amended by this 1240
14091487 act. 1241
14101488 (3) The provisions included pursuant to subdivisions (1) and (2) of 1242
14111489 this subsection shall reference nationally accepted green building rating 1243
14121490 systems, including, but not limited to, the Leadership in Energy and 1244
14131491 Environmental Design rating system, the Green Globes USA design 1245
14141492 program, as established by the Green Building Initiative, the National 1246
14151493 Green Building Standard, as established by the National Association of 1247
14161494 Home Builders, or an equivalent rating system approved by the State 1248
14171495 Building Inspector and the Codes and Standards Committee. On and 1249
14181496 after July 1, 2025, such provisions shall reference nationally accepted 1250
14191497 resiliency standards, including, but not limited to, the Insurance 1251
14201498 Institute of Business & Home Safety's Fortified Construction Standard 1252
14211499 and any other applicable standards promulgated or endorsed by the 1253
14221500 United States Department of Energy, the Federal Emergency 1254
14231501 Management Agency or other relevant federal agencies. Such 1255
14241502 [requirements] provisions shall include a method for demonstrating 1256
14251503 compliance at the time of application for a certificate of occupancy, 1257
14261504 including, but not limited to, private third-party certification or 1258
1427-verification of compliance with the relevant portions of such rating 1259
1505+verification of compliance with the relevant portions of such rating 1259 Substitute Bill No. 11
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1511+
14281512 systems and resiliency standards, including, but not limited to, the 1260
14291513 energy, [and] environmental and climate resiliency portions. 1261
14301514 Sec. 22. Subsections (b) and (c) of section 8-2 of the 2024 supplement 1262
14311515 to the general statutes are repealed and the following is substituted in 1263
14321516 lieu thereof (Effective July 1, 2024): 1264
14331517 (b) Zoning regulations adopted pursuant to subsection (a) of this 1265
14341518 section shall: 1266
1435-(1) Be made in accordance with a comprehensive plan and in 1267 Substitute Bill No. 11
1436-
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1439-
1519+(1) Be made in accordance with a comprehensive plan and in 1267
14401520 consideration of the plan of conservation and development adopted 1268
14411521 under section 8-23, as amended by this act; 1269
14421522 (2) Be designed to (A) lessen congestion in the streets; (B) secure 1270
14431523 safety from fire, panic, flood, sea level rise, extreme heat, climate change 1271
14441524 and other dangers; (C) promote health and the general welfare; (D) 1272
14451525 provide adequate light and air; (E) protect the state's historic, tribal, 1273
14461526 cultural and environmental resources; (F) facilitate the adequate 1274
14471527 provision for transportation, water, sewerage, schools, parks and other 1275
14481528 public requirements; (G) consider the impact of permitted land uses on 1276
14491529 contiguous municipalities and on the planning region, as defined in 1277
14501530 section 4-124i, in which such municipality is located; (H) address 1278
14511531 significant disparities in housing needs and access to educational, 1279
14521532 occupational and other opportunities; (I) promote efficient review of 1280
14531533 proposals and applications; and (J) affirmatively further the purposes of 1281
14541534 the federal Fair Housing Act, 42 USC 3601 et seq., as amended from time 1282
14551535 to time; 1283
14561536 (3) Be drafted with reasonable consideration as to the physical site 1284
14571537 characteristics of the district and its peculiar suitability for particular 1285
14581538 uses and with a view to encouraging the most appropriate use of land 1286
14591539 throughout a municipality; 1287
14601540 (4) Provide for the development of housing opportunities, including 1288
14611541 opportunities for multifamily dwellings, consistent with soil types, 1289
1462-terrain and infrastructure capacity, for all residents of the municipality 1290
1542+terrain and infrastructure capacity, for all residents of the municipality 1290 Substitute Bill No. 11
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14631549 and the planning region in which the municipality is located, as 1291
14641550 designated by the Secretary of the Office of Policy and Management 1292
14651551 under section 16a-4a; 1293
14661552 (5) Promote housing choice and economic diversity in housing, 1294
14671553 including housing for both low and moderate income households; 1295
14681554 (6) Expressly allow the development of housing which will meet the 1296
14691555 housing needs identified in the state's consolidated plan for housing and 1297
14701556 community development prepared pursuant to section 8-37t and in the 1298
1471-housing component and the other components of the state plan of 1299 Substitute Bill No. 11
1472-
1473-
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1475-
1557+housing component and the other components of the state plan of 1299
14761558 conservation and development prepared pursuant to section 16a-26; 1300
14771559 (7) Be made with reasonable consideration for the impact of such 1301
14781560 regulations on agriculture, as defined in subsection (q) of section 1-1; 1302
14791561 (8) Provide that proper provisions be made for soil erosion and 1303
14801562 sediment control pursuant to section 22a-329; 1304
14811563 (9) Be made with reasonable consideration for the protection of 1305
14821564 existing and potential public surface and ground drinking water 1306
14831565 supplies; [and] 1307
14841566 (10) In any municipality that is contiguous to or on a navigable 1308
14851567 waterway draining to Long Island Sound, (A) be made with reasonable 1309
14861568 consideration for the restoration and protection of the ecosystem and 1310
14871569 habitat of Long Island Sound; (B) be designed to reduce hypoxia, 1311
14881570 pathogens, toxic contaminants and floatable debris on Long Island 1312
14891571 Sound; and (C) provide that such municipality's zoning commission 1313
14901572 consider the environmental impact on Long Island Sound coastal 1314
14911573 resources, as defined in section 22a-93, of any proposal for development; 1315
14921574 and 1316
14931575 (11) Provide that proper provisions be made to mitigate and avoid 1317
14941576 potential negative impacts to public health, public welfare and the 1318
14951577 environment, due to sea level change, in consideration of the most 1319
1496-recent sea level change scenario updated pursuant to section 25-68o, as 1320
1578+recent sea level change scenario updated pursuant to section 25-68o, as 1320 Substitute Bill No. 11
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14971585 amended by this act. 1321
14981586 (c) Zoning regulations adopted pursuant to subsection (a) of this 1322
14991587 section may: 1323
15001588 (1) To the extent consistent with soil types, terrain and water, sewer 1324
15011589 and traffic infrastructure capacity for the community, provide for or 1325
15021590 require cluster development, as defined in section 8-18; 1326
15031591 (2) Be made with reasonable consideration for the protection of 1327
1504-historic factors; 1328 Substitute Bill No. 11
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1508-
1592+historic factors; 1328
15091593 (3) Require or promote (A) energy-efficient patterns of development; 1329
15101594 (B) the use of distributed generation or freestanding solar, wind and 1330
15111595 other renewable forms of energy; (C) combined heat and power; [and] 1331
15121596 (D) energy conservation; and (E) resilience, as defined in section 16-1332
15131597 243y; 1333
15141598 (4) Provide for incentives for developers who use (A) solar and other 1334
15151599 renewable forms of energy; (B) combined heat and power; (C) water 1335
15161600 conservation, including demand offsets; [and] (D) energy conservation 1336
15171601 techniques, including, but not limited to, cluster development, higher 1337
15181602 density development and performance standards for roads, sidewalks 1338
15191603 and underground facilities in the subdivision; and (E) flood-risk 1339
15201604 reduction building methods; 1340
15211605 (5) Provide for a municipal or regional system for the creation of 1341
15221606 development rights and the permanent transfer of such development 1342
15231607 rights, which may include a system for the variance of density limits in 1343
15241608 connection with any such transfer; 1344
15251609 (6) Provide for notice requirements in addition to those required by 1345
15261610 this chapter; 1346
15271611 (7) Provide for conditions on operations to collect spring water or 1347
15281612 well water, as defined in section 21a-150, including the time, place and 1348
1529-manner of such operations; 1349
1613+manner of such operations; 1349 Substitute Bill No. 11
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15301620 (8) Provide for floating zones, overlay zones and planned 1350
15311621 development districts; 1351
15321622 (9) Require estimates of vehicle miles traveled and vehicle trips 1352
15331623 generated in lieu of, or in addition to, level of service traffic calculations 1353
15341624 to assess (A) the anticipated traffic impact of proposed developments; 1354
15351625 and (B) potential mitigation strategies such as reducing the amount of 1355
15361626 required parking for a development or requiring public sidewalks, 1356
15371627 crosswalks, bicycle paths, bicycle racks or bus shelters, including off-1357
1538-site; [and] 1358 Substitute Bill No. 11
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1542-
1628+site; [and] 1358
15431629 (10) In any municipality where a traprock ridge or an amphibolite 1359
15441630 ridge is located, (A) provide for development restrictions in ridgeline 1360
15451631 setback areas; and (B) restrict quarrying and clear cutting, except that 1361
15461632 the following operations and uses shall be permitted in ridgeline setback 1362
15471633 areas, as of right: (i) Emergency work necessary to protect life and 1363
15481634 property; (ii) any nonconforming uses that were in existence and that 1364
15491635 were approved on or before the effective date of regulations adopted 1365
15501636 pursuant to this section; and (iii) selective timbering, grazing of 1366
15511637 domesticated animals and passive recreation; and 1367
15521638 (11) Provide for sending and receiving sites in conjunction with any 1368
15531639 transfer of development rights program established pursuant to section 1369
15541640 8-2e, as amended by this act. 1370
15551641 Sec. 23. Section 8-2e of the general statutes is repealed and the 1371
15561642 following is substituted in lieu thereof (Effective July 1, 2024): 1372
15571643 (a) Any two or more municipalities which have adopted the 1373
15581644 provisions of this chapter or chapter 125a or which are exercising zoning 1374
15591645 power pursuant to any special act may, with the approval of the 1375
15601646 legislative body of each municipality, execute an agreement providing 1376
15611647 for a system of development rights and the transfer of development 1377
15621648 rights across the boundaries of the municipalities which are parties to 1378
15631649 the agreement. Such system shall be implemented in a manner 1379
1564-approved by the legislative body of each municipality and by the 1380
1650+approved by the legislative body of each municipality and by the 1380 Substitute Bill No. 11
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15651657 commission or other body which adopts zoning regulations of each 1381
15661658 municipality. Such agreement may provide that such system be 1382
15671659 administered by a regional council of governments or other agency. 1383
15681660 (b) Any two or more municipalities that have executed an agreement 1384
15691661 pursuant to subsection (a) of this section may, by interlocal agreement, 1385
15701662 establish a transfer of development rights bank. Each such interlocal 1386
15711663 agreement shall (1) identify the receiving site, (2) include the local 1387
15721664 legislation governing development rights that has been adopted or is 1388
15731665 intended to be adopted by the municipality or municipalities in which 1389
1574-the receiving site is located, (3) describe procedures for the termination 1390 Substitute Bill No. 11
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1578-
1666+the receiving site is located, (3) describe procedures for the termination 1390
15791667 of the transfer of development rights bank, and (4) describe the 1391
15801668 conversion ratio to be used in the receiving site, which may express the 1392
15811669 extent of additional development rights in any combination of units, 1393
15821670 floor area, height or other applicable development standards that may 1394
15831671 be modified by the municipality to provide incentives for the purchase 1395
15841672 of development rights. 1396
15851673 (c) Each receiving site identified pursuant to subsection (b) of this 1397
15861674 section shall (1) be eligible for connection with a public water system, 1398
15871675 (2) be located not more than one-half mile from public transportation 1399
15881676 facilities, as defined in section 13b-79kk, (3) not be located within the 1400
15891677 boundaries of core forest, as defined in section 16a-3k, (4) not be located 1401
15901678 within the boundaries of any area impacted by the most recent sea level 1402
15911679 change scenario updated pursuant to subsection (b) of section 25-68o, as 1403
15921680 amended by this act, and (5) be located above the five-hundred-year 1404
15931681 flood elevation. 1405
15941682 (d) Eligible sending sites may include, but need not be limited to, (1) 1406
15951683 core forest, as defined in section 13b-79kk, (2) land classified as farm 1407
15961684 land in accordance with section 12-107c, (3) agricultural land, as defined 1408
15971685 in section 22-3, (4) areas identified as containing habitat for endangered 1409
15981686 or threatened species pursuant to (A) federal law, (B) section 26-306 or 1410
15991687 26-308, or (C) a written determination of the United States Fish and 1411
16001688 Wildlife Service or a state and federally recognized tribe that such area 1412
1601-is appropriate for the preservation of endangered or threatened species 1413
1689+is appropriate for the preservation of endangered or threatened species 1413 Substitute Bill No. 11
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16021696 habitat, and (5) areas within the boundaries of any area impacted by the 1414
16031697 most recent sea level change scenario updated pursuant to subsection 1415
16041698 (b) of section 25-68o, as amended by this act, or a floodplain, as defined 1416
16051699 in section 25-68i. 1417
16061700 Sec. 24. (Effective July 1, 2024) (a) Not later than September 1, 2024, the 1418
16071701 Insurance Commissioner shall, within available resources, convene a 1419
16081702 working group to (1) study the needs of homeowners and small 1420
16091703 business owners with respect to the fortification of their homes and 1421
16101704 places of business against potential losses due to natural disasters, 1422
1611-hazards and climate change, and (2) make recommendations concerning 1423 Substitute Bill No. 11
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1705+hazards and climate change, and (2) make recommendations concerning 1423
16161706 the feasibility of establishing a program to assist homeowners and small 1424
16171707 business owners in fortifying their homes and places of business against 1425
16181708 such losses. Such recommendations shall include, but need not be 1426
16191709 limited to, (A) the structure and oversight of such a program, (B) 1427
16201710 potential incentives that may be offered to such homeowners and small 1428
16211711 business owners for the fortification of such homes and places of 1429
16221712 business, especially in vulnerable communities, as defined in section 16-1430
16231713 243y of the general statutes, and (C) the identification of funding sources 1431
16241714 for such program. 1432
16251715 (b) The working group shall consist of members appointed by the 1433
16261716 commissioner, who may have expertise in construction, insurance, 1434
16271717 natural disasters and hazards, emergency preparedness and climate 1435
16281718 change. The commissioner shall appoint two cochairpersons from 1436
16291719 among the members of the working group. The working group shall 1437
16301720 hold not less than one public forum to allow the public to provide input 1438
16311721 on the recommendations of the working group. 1439
16321722 (c) Not later than January 1, 2025, the working group shall submit a 1440
16331723 report of its findings and recommendations, in accordance with the 1441
16341724 provisions of section 11-4a of the general statutes, to the Governor and 1442
16351725 the joint standing committee of the General Assembly having 1443
16361726 cognizance of matters relating to insurance. The working group shall 1444
16371727 terminate upon submission of said report or January 1, 2025, whichever 1445
1638-is later. 1446
1728+is later. 1446 Substitute Bill No. 11
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16391735 Sec. 25. Section 16a-27 of the general statutes is repealed and the 1447
16401736 following is substituted in lieu thereof (Effective July 1, 2024): 1448
16411737 (a) The secretary, after consultation with all appropriate state, 1449
16421738 regional and local agencies and other appropriate persons, shall, prior 1450
16431739 to March 1, 2012, complete a revision of the existing plan and enlarge it 1451
16441740 to include, but not be limited to, policies relating to transportation, 1452
16451741 energy and air. Any revision made after July 1, 1995, shall take into 1453
16461742 consideration the conservation and development of greenways that 1454
1647-have been designated by municipalities and shall recommend that state 1455 Substitute Bill No. 11
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1743+have been designated by municipalities and shall recommend that state 1455
16521744 agencies coordinate their efforts to support the development of a state-1456
16531745 wide greenways system. The Commissioner of Energy and 1457
16541746 Environmental Protection shall identify state-owned land for inclusion 1458
16551747 in the plan as potential components of a state greenways system. 1459
16561748 (b) Any revision made after August 20, 2003, shall take into account 1460
16571749 (1) economic and community development needs and patterns of 1461
16581750 commerce, and (2) linkages of affordable housing objectives and land 1462
16591751 use objectives with transportation systems. 1463
16601752 (c) Any revision made after March 1, 2006, shall (1) take into 1464
16611753 consideration risks associated with natural hazards, including, but not 1465
16621754 limited to, flooding, high winds and wildfires; (2) identify the potential 1466
16631755 impacts of natural hazards on infrastructure and property; and (3) make 1467
16641756 recommendations for the siting of future infrastructure and property 1468
16651757 development to minimize the use of areas prone to natural hazards, 1469
16661758 including, but not limited to, flooding, high winds and wildfires. 1470
16671759 (d) Any revision made after July 1, 2005, shall describe the progress 1471
16681760 towards achievement of the goals and objectives established in the 1472
16691761 previously adopted state plan of conservation and development and 1473
16701762 shall identify (1) areas where it is prudent and feasible (A) to have 1474
16711763 compact, transit accessible, pedestrian-oriented [mixed-use] mixed use 1475
16721764 development patterns and land reuse, and (B) to promote such 1476
16731765 development patterns and land reuse, (2) priority funding areas 1477
1674-designated under section 16a-35c, and (3) corridor management areas 1478
1766+designated under section 16a-35c, and (3) corridor management areas 1478 Substitute Bill No. 11
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16751773 on either side of a limited access highway or a rail line. In designating 1479
16761774 corridor management areas, the secretary shall make recommendations 1480
16771775 that (A) promote land use and transportation options to reduce the 1481
16781776 growth of traffic congestion; (B) connect infrastructure and other 1482
16791777 development decisions; (C) promote development that minimizes the 1483
16801778 cost of new infrastructure facilities and maximizes the use of existing 1484
16811779 infrastructure facilities; and (D) increase intermunicipal and regional 1485
16821780 cooperation. 1486
1683-(e) Any revision made after October 1, 2008, shall (1) for each policy 1487 Substitute Bill No. 11
1684-
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1687-
1781+(e) Any revision made after October 1, 2008, shall (1) for each policy 1487
16881782 recommended (A) assign a priority; (B) estimate funding for 1488
16891783 implementation and identify potential funding sources; (C) identify 1489
16901784 each entity responsible for implementation; and (D) establish a schedule 1490
16911785 for implementation; and (2) for each growth management principle, 1491
16921786 determine three benchmarks to measure progress in implementation of 1492
16931787 the principles, one of which shall be a financial benchmark. 1493
16941788 (f) Any revision made after October 1, 2009, shall take into 1494
16951789 consideration the protection and preservation of Connecticut Heritage 1495
16961790 Areas. 1496
16971791 (g) Any revision made after December 1, 2011, shall take into 1497
16981792 consideration (1) the state water supply and resource policies 1498
16991793 established in sections 22a-380 and 25-33c, and (2) the list prepared by 1499
17001794 the Commissioner of Public Health pursuant to section 25-33q. 1500
17011795 (h) (1) Any revision made after October 1, 2019, and until the 1501
17021796 adoption of the state Conservation and Development Policies Plan, 1502
17031797 2025-2030, shall [(1)] (A) take into consideration risks associated with 1503
17041798 increased coastal flooding and erosion, depending on site topography, 1504
17051799 as anticipated in the most recent sea level change scenario updated 1505
17061800 pursuant to subsection (b) of section 25-68o, as amended by this act, [(2)] 1506
17071801 (B) identify the impacts of such increased flooding and erosion on 1507
17081802 infrastructure and natural resources, [(3)] (C) make recommendations 1508
17091803 for the siting of future infrastructure and property development to 1509
1710-minimize the use of areas prone to such flooding and erosion, and [(4)] 1510
1804+minimize the use of areas prone to such flooding and erosion, and [(4)] 1510 Substitute Bill No. 11
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17111811 (D) take into consideration the state's greenhouse gas reduction goals 1511
17121812 established pursuant to section 22a-200a. 1512
17131813 (2) Any revision made after the adoption of the state Conservation 1513
17141814 and Development Policies Plan, 2025-2030 shall (A) take into 1514
17151815 consideration risks associated with (i) changes to the rate and timing of 1515
17161816 annual precipitation and increased average temperatures resulting in 1516
17171817 extreme heat, and (ii) increased flooding and erosion, depending on site 1517
17181818 topography, as anticipated in the most recent sea level change scenario 1518
1719-updated pursuant to subsection (b) of section 25-68o, as amended by 1519 Substitute Bill No. 11
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1819+updated pursuant to subsection (b) of section 25-68o, as amended by 1519
17241820 this act, and by other sources as deemed appropriate by the Secretary of 1520
17251821 Policy and Management, (B) identify the impacts of such extreme heat, 1521
17261822 drought and increased flooding and erosion on infrastructure and 1522
17271823 natural resources, (C) make recommendations for the siting of future 1523
17281824 infrastructure and property development to minimize the use of areas 1524
17291825 prone to such flooding and erosion, (D) make recommendations for land 1525
17301826 use strategies that minimize risks to public health, infrastructure and the 1526
17311827 environment, and (E) take into consideration the state's greenhouse gas 1527
17321828 reduction goals established pursuant to section 22a-200a. 1528
17331829 (i) Any revision made after October 1, 2016, shall take into 1529
17341830 consideration the need for technology infrastructure in the 1530
17351831 municipality. 1531
17361832 (j) Thereafter on or before March first in each revision year the 1532
17371833 secretary shall complete a revision of the plan of conservation and 1533
17381834 development, provided no revision year may be later than four years 1534
17391835 subsequent to the year in which the plan was last adopted in accordance 1535
17401836 with the process established in this chapter. 1536
17411837 Sec. 26. Section 28-5 of the general statutes is amended by adding 1537
17421838 subsection (h) as follows (Effective July 1, 2024): 1538
17431839 (NEW) (h) On and after October 1, 2028, the state civil preparedness 1539
17441840 plan and program established pursuant to subsection (b) of this section 1540
1745-shall consider observed and projected climate trends relating to extreme 1541
1841+shall consider observed and projected climate trends relating to extreme 1541 Substitute Bill No. 11
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17461848 weather events, drought, coastal and inland flooding, storm surge, 1542
17471849 wildfire, extreme heat and any other hazards deemed relevant by the 1543
17481850 commissioner. 1544
17491851 Sec. 27. Section 7-131d of the 2024 supplement to the general statutes 1545
17501852 is repealed and the following is substituted in lieu thereof (Effective July 1546
17511853 1, 2024): 1547
17521854 (a) There is established the protected open space and watershed land 1548
17531855 acquisition grant program. The program shall provide grants to 1549
1754-municipalities and nonprofit land conservation organizations to acquire 1550 Substitute Bill No. 11
1755-
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1856+municipalities and nonprofit land conservation organizations to acquire 1550
17591857 land or permanent interests in land for open space and watershed 1551
17601858 protection and to water companies, as defined in section 25-32a, to 1552
17611859 acquire and protect land which is eligible to be classified as class I or 1553
17621860 class II land, as defined in section 25-37c, after acquisition. All lands or 1554
17631861 interests in land acquired under this program shall be preserved in 1555
17641862 perpetuity predominantly in their natural scenic and open condition for 1556
17651863 the protection of natural resources while allowing for recreation 1557
17661864 consistent with such protection and, for lands acquired by water 1558
17671865 companies, allowing for the improvements necessary for the protection 1559
17681866 or provision of potable water. 1560
17691867 (b) Grants may be made under the protected open space and 1561
17701868 watershed land acquisition grant program established under subsection 1562
17711869 (a) of this section or under the Charter Oak open space grant program 1563
17721870 established under section 7-131t to match funds for the purchase of land 1564
17731871 or permanent interests in land which purchase meets one of the 1565
17741872 following criteria: (1) Protects land identified as being especially 1566
17751873 valuable for recreation, forestry, fishing, conservation of wildlife or 1567
17761874 natural resources; (2) protects land which includes or contributes to a 1568
17771875 prime natural feature of the state's landscape, including, but not limited 1569
17781876 to, a shoreline, a river, its tributaries and watershed, an aquifer, 1570
17791877 mountainous territory, ridgelines, an inland or coastal wetland, a 1571
17801878 significant littoral or estuarine or aquatic site or other important 1572
17811879 geological feature; (3) protects habitat for native plant or animal species 1573
1782-listed as threatened or endangered or of special concern, as defined in 1574
1880+listed as threatened or endangered or of special concern, as defined in 1574 Substitute Bill No. 11
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17831887 section 26-304; (4) protects a relatively undisturbed outstanding 1575
17841888 example of a native ecological community which is now uncommon; (5) 1576
17851889 enhances and conserves water quality of the state's lakes, rivers and 1577
17861890 coastal water; (6) preserves local agricultural heritage; or (7) in the case 1578
17871891 of grants to water companies, protects land which is eligible to be 1579
17881892 classified as class I land or class II land after acquisition. [The 1580
17891893 commissioner may make a grant under the protected open space and 1581
17901894 watershed land acquisition grant program to a distressed municipality 1582
17911895 or a targeted investment community, as defined in section 32-9p, for 1583
1792-restoration or protection of natural features or habitats on open space 1584 Substitute Bill No. 11
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1796-
1896+restoration or protection of natural features or habitats on open space 1584
17971897 already owned by the municipality, including, but not limited to, 1585
17981898 wetland or wildlife or plant habitat restoration or restoration of other 1586
17991899 sites to a more natural condition, or replacement of vegetation, provided 1587
18001900 the total amount of grants to such municipalities for such purposes may 1588
18011901 not exceed twenty per cent of the total amount of grants made in any 1589
18021902 fiscal year.] 1590
18031903 (c) Grants may be made under the protected open space and 1591
18041904 watershed land acquisition grant program established under subsection 1592
18051905 (a) of this section for restoration or protection of natural features or 1593
18061906 habitats on open space already owned by a (1) distressed municipality, 1594
18071907 as defined in section 32-9p, (2) targeted investment community, as 1595
18081908 defined in section 32-222, (3) municipality, provided such open space is 1596
18091909 located in an environmental justice community, as defined in section 1597
18101910 22a-20a, or (4) nonprofit land conservation organization, provided such 1598
18111911 open space is located in a distressed municipality, targeted investment 1599
18121912 community or environmental justice community. Such restoration or 1600
18131913 protection may include, but need not be limited to, wetland, wildlife or 1601
18141914 plant habitat restoration or restoration of other sites to a more natural 1602
18151915 condition or replacement of vegetation. The total amount of grants 1603
18161916 made pursuant to this subsection shall not exceed twenty per cent of the 1604
18171917 total amount of grants made pursuant to the open space and watershed 1605
18181918 land acquisition grant program in any fiscal year. 1606
1819-[(c) No] (d) (1) Except as provided in subdivision (2) of this 1607
1919+[(c) No] (d) (1) Except as provided in subdivision (2) of this 1607 Substitute Bill No. 11
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18201926 subsection, no grant may be made under the protected open space and 1608
18211927 watershed land acquisition grant program established under subsection 1609
18221928 (a) of this section or under the Charter Oak open space grant program 1610
18231929 established under section 7-131t for: [(1)] (A) Land to be used for 1611
18241930 commercial purposes or for recreational purposes requiring intensive 1612
18251931 development, including, but not limited to, golf courses, driving ranges, 1613
18261932 tennis courts, ballfields, swimming pools and uses by motorized 1614
18271933 vehicles other than vehicles needed by water companies to carry out 1615
18281934 their purposes, provided trails or pathways for pedestrians, motorized 1616
18291935 wheelchairs or nonmotorized vehicles shall not be considered intensive 1617
1830-development; [(2)] (B) land with environmental contamination over a 1618 Substitute Bill No. 11
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1936+development; [(2)] (B) land with environmental contamination over a 1618
18351937 significant portion of the property provided grants for land requiring 1619
18361938 remediation of environmental contamination may be made if 1620
18371939 remediation will be completed before acquisition of the land or any 1621
18381940 interest in the land and an environmental assessment approved by the 1622
18391941 Commissioner of Energy and Environmental Protection has been 1623
18401942 completed and no environmental use restriction applies to the land; [(3)] 1624
18411943 (C) land which has already been committed for public use, except as 1625
18421944 provided in subsection (c) of section 7-131g; [(4)] (D) development costs, 1626
18431945 including, but not limited to, construction of ballfields, tennis courts, 1627
18441946 parking lots or roadways; [(5)] (E) land to be acquired by eminent 1628
18451947 domain; or [(6)] (F) reimbursement of in-kind services or incidental 1629
18461948 expenses associated with the acquisition of land. This subsection shall 1630
18471949 not prohibit the continuation of agricultural activity, the activities of a 1631
18481950 water company for public water supply purposes or the selling of timber 1632
18491951 incidental to management of the land which management is in 1633
18501952 accordance with approved forest management practices provided any 1634
18511953 proceeds of such timber sales shall be used for management of the land. 1635
18521954 In the case of land acquired under this section which is designated as a 1636
18531955 state park, any fees charged by the state for use of such land shall be 1637
18541956 used by the state in accordance with the provisions of title 23. 1638
18551957 (2) Grants in a total amount not exceeding five per cent of the total 1639
18561958 amount of grants made pursuant to the open space and watershed land 1640
1857-acquisition grant program in any fiscal year may be made to distressed 1641
1959+acquisition grant program in any fiscal year may be made to distressed 1641 Substitute Bill No. 11
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18581966 municipalities, as defined in section 32-9p, targeted investment 1642
18591967 communities, as defined in section 32-222, nonprofit land conservation 1643
18601968 organizations and municipalities, for the purpose of reimbursement for 1644
18611969 in-kind services or incidental expenses associated with the acquisition 1645
18621970 of land, including, but not limited to, survey fees, appraisal costs and 1646
18631971 legal fees, provided such land is located in a distressed municipality, 1647
18641972 targeted investment community or environmental justice community, 1648
18651973 as defined in section 22a-20a. 1649
18661974 [(d)] (e) Any municipality or group of contiguous municipalities may 1650
18671975 apply to the Commissioner of Energy and Environmental Protection for 1651
1868-a grant-in-aid of a program established to preserve or restrict to 1652 Substitute Bill No. 11
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1976+a grant-in-aid of a program established to preserve or restrict to 1652
18731977 conservation or recreation purposes the use of open space land. Such 1653
18741978 grant shall be used for the acquisition of land, or easements, interests or 1654
18751979 rights therein, or for the development of such land, or easements, 1655
18761980 interests or rights therein, for purposes set forth in this section, or both, 1656
18771981 in accordance with a plan of development adopted by the municipal 1657
18781982 planning commission of the municipality within which the land is 1658
18791983 located. Any application for a grant-in-aid relating to land located 1659
18801984 beyond the territorial limits of the applying municipality shall be subject 1660
18811985 to approval of the legislative body of the municipality within whose 1661
18821986 territorial limits the land is located. A municipality applying for aid 1662
18831987 under this section, may designate its conservation commission as its 1663
18841988 agent to make such application. 1664
18851989 [(e)] (f) At closing, a permanent conservation easement, as defined in 1665
18861990 section 47-42, shall be executed for any property purchased with grant 1666
18871991 funds, which conservation easement shall provide that the property 1667
18881992 shall remain forever predominantly in its natural and open condition 1668
18891993 for the specific conservation, open space or water supply purposes for 1669
18901994 which it was acquired provided any improvements or changes to the 1670
18911995 property shall be supportive of such condition or purposes. The 1671
18921996 permanent conservation easement shall be in favor of the state acting 1672
18931997 through the Commissioner of Energy and Environmental Protection, or 1673
1894-his designee, which may be a municipality or a land conservation 1674
1998+his designee, which may be a municipality or a land conservation 1674 Substitute Bill No. 11
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18952005 organization. In the case of land acquired for water supply protection, a 1675
18962006 water company may hold an easement in conjunction with the state or 1676
18972007 a nonprofit entity to protect the water supply. Such permanent 1677
18982008 conservation easement shall also include a requirement that the 1678
18992009 property be made available to the general public for appropriate 1679
19002010 recreational purposes, the maintenance of which recreational access 1680
19012011 shall be the responsibility of the grantee provided such access shall not 1681
19022012 be required for land which will be classified as class I or class II land by 1682
19032013 a water company if such access is inconsistent with the provision of pure 1683
19042014 drinking water to the public. An exception to the provision of public 1684
19052015 recreational access may be made at the discretion of the Commissioner 1685
1906-of Energy and Environmental Protection when provision for public 1686 Substitute Bill No. 11
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2016+of Energy and Environmental Protection when provision for public 1686
19112017 access would be unreasonably detrimental to the wildlife or plant 1687
19122018 habitat or other natural features of the property or, for land where 1688
19132019 development rights have been purchased, would be disruptive of 1689
19142020 agricultural activity occurring on the land. Any instrument conveying 1690
19152021 an interest in land less than fee which interest is purchased under this 1691
19162022 section shall provide for the permanent preservation of the land and 1692
19172023 public access consistent with the land's use or protection and with any 1693
19182024 restrictions prescribed by the Department of Public Health in order to 1694
19192025 protect a public drinking water source. 1695
19202026 Sec. 28. Subsections (b) and (c) of section 7-131e of the general statutes 1696
19212027 are repealed and the following is substituted in lieu thereof (Effective July 1697
19222028 1, 2024): 1698
19232029 (b) There is established a Natural Heritage, Open Space and 1699
19242030 Watershed Land Acquisition Review Board to assist and advise the 1700
19252031 commissioner in carrying out the provisions of sections 7-131d to 7-1701
19262032 131g, inclusive, as amended by this act, and sections 23-73 to 23-79, 1702
19272033 inclusive. Upon establishment of the review board and selection of a 1703
19282034 chairman under this section, the review board (1) shall provide 1704
19292035 comments on selection criteria, policies and procedures; (2) shall 1705
19302036 promote public participation; (3) shall provide guidance and conduct 1706
1931-review of strategies for land protection, including strategies under 1707
2037+review of strategies for land protection, including strategies under 1707 Substitute Bill No. 11
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19322044 section 23-8; (4) shall review and evaluate grant award policies and 1708
19332045 procedures; and (5) may provide comments on any application for 1709
19342046 funds not later than forty-five days after such application is submitted 1710
19352047 to the chairman. Upon establishment of the board, the commissioner 1711
19362048 shall take such comments into consideration in making any decisions 1712
19372049 regarding such grants. 1713
19382050 (c) The review board shall consist of [twenty-one] twenty-three 1714
19392051 members as follows: (1) The chairpersons and ranking members of the 1715
19402052 bonding subcommittee of the joint standing committee of the General 1716
19412053 Assembly having cognizance of matters relating to finance, revenue and 1717
19422054 bonding; (2) one member of the joint standing committee of the General 1718
1943-Assembly having cognizance of matters relating to the environment, 1719 Substitute Bill No. 11
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2055+Assembly having cognizance of matters relating to the environment, 1719
19482056 appointed by the speaker of the House of Representatives, and one 1720
19492057 member of the joint standing committee of the General Assembly 1721
19502058 having cognizance of matters relating to planning and development, 1722
19512059 appointed by the president pro tempore of the Senate, each of whom 1723
19522060 shall be ex-officio members of the board; (3) the Secretary of the Office 1724
19532061 of Policy and Management, or his designee; (4) a representative of the 1725
19542062 business community and a person experienced in issues relating to 1726
19552063 access to public facilities by persons with disabilities, appointed by the 1727
19562064 Governor; (5) one representative from an investor-owned water utility, 1728
19572065 appointed by the minority leader of the Senate; (6) one representative 1729
19582066 from a municipal water utility, appointed by the minority leader of the 1730
19592067 House of Representatives; (7) one representative from a regional water 1731
19602068 utility, appointed by the minority leader of the Senate; (8) one 1732
19612069 representative who is a realtor or attorney with a minimum of five 1733
19622070 [years] years' experience in real estate transfers, appointed by the 1734
19632071 speaker of the House of Representatives; one representative with a 1735
19642072 minimum of five [years] years' experience in the construction industry 1736
19652073 or land development, appointed by the president pro tempore of the 1737
19662074 Senate; (9) two representatives of interest groups primarily concerned 1738
19672075 with the conservation of river watershed regions, appointed one each 1739
19682076 by the majority leaders of the House of Representatives and the Senate; 1740
1969-(10) three representatives from nonprofit organizations primarily 1741
2077+(10) three representatives from nonprofit organizations primarily 1741 Substitute Bill No. 11
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19702084 concerned with environmental protection or natural resource 1742
19712085 conservation with a minimum of five [years] years' experience in land 1743
19722086 conservation and acquisition, appointed one each by the Governor, the 1744
19732087 speaker of the House of Representatives and the president pro tempore 1745
19742088 of the Senate; [and] (11) one chief elected official of a town with a 1746
19752089 population less than twenty thousand and one chief elected official of a 1747
19762090 town with a population greater than twenty thousand, appointed by the 1748
19772091 Governor; (12) one member who is a representative of a community of 1749
19782092 color, low-income community or community-based organization, or 1750
19792093 professor from a college or university in the state with expertise in 1751
19802094 environmental justice, appointed by the Commissioner of Energy and 1752
19812095 Environmental Protection; and (13) one member who resides in a United 1753
1982-States census block group, as determined in accordance with the most 1754 Substitute Bill No. 11
1983-
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2096+States census block group, as determined in accordance with the most 1754
19872097 recent United States decennial census, for which thirty per cent or more 1755
19882098 of the population consists of low-income persons who are not 1756
19892099 institutionalized and have an income below two hundred per cent of the 1757
19902100 federal poverty level, appointed by the Commissioner of Energy and 1758
19912101 Environmental Protection. The members, other than the members 1759
19922102 described in subdivisions (1), (2) and (3) of this subsection, shall serve 1760
19932103 terms of three years provided the terms of the members described in 1761
19942104 subdivisions (4) to (8), inclusive, of this subsection who are appointed 1762
19952105 in the year after July 1, 1998, shall expire on October 1, 1999, and further 1763
19962106 provided the terms of the members described in subdivisions (9) to (11), 1764
19972107 inclusive, of this subsection shall expire on October 1, 2000. The board 1765
19982108 shall elect a chairman from among its members and shall make such 1766
19992109 election on or before October 1, 1998. Members of the board shall serve 1767
20002110 until reappointed or replaced. 1768
20012111 Sec. 29. Subsection (a) of section 7-131g of the 2024 supplement to the 1769
20022112 general statutes is repealed and the following is substituted in lieu 1770
20032113 thereof (Effective July 1, 2024): 1771
20042114 (a) The Commissioner of Energy and Environmental Protection may 1772
20052115 make grants under the open space and watershed land acquisition 1773
2006-program to: (1) Municipalities for acquisition of land for open space 1774
2116+program to: (1) Municipalities for acquisition of land for open space 1774 Substitute Bill No. 11
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20072123 under subdivisions (1) to (6), inclusive, of subsection (b) of section 7-1775
20082124 131d, as amended by this act, in an amount not to exceed sixty-five per 1776
20092125 cent of the fair market value of a parcel of land or interest in land 1777
20102126 proposed to be acquired; (2) municipalities for acquisition of land for 1778
20112127 class I and class II water supply protection under subdivision (5) of 1779
20122128 subsection (b) of said section 7-131d, in an amount not to exceed sixty-1780
20132129 five per cent of such value; (3) nonprofit land conservation 1781
20142130 organizations for acquisition of land for open space or watershed 1782
20152131 protection under subdivisions (1) to (6), inclusive, of subsection (b) of 1783
20162132 said section 7-131d, in an amount not to exceed sixty-five per cent of 1784
20172133 such value; (4) water companies for acquisition of land under 1785
20182134 subdivision (7) of subsection (b) of said section 7-131d, in an amount not 1786
20192135 to exceed sixty-five per cent of such value provided if such a company 1787
2020-proposes in a grant application that it intends to allow access to such 1788 Substitute Bill No. 11
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2024-
2136+proposes in a grant application that it intends to allow access to such 1788
20252137 land for recreational uses, such company shall seek approval of the 1789
20262138 Commissioner of Public Health for such access; and (5) distressed 1790
20272139 municipalities, as defined in section 32-9p or targeted investment 1791
20282140 communities, as defined in section [32-9p] 32-222, municipalities 1792
20292141 containing one or more environmental justice communities, as defined 1793
20302142 in section 22a-20a, or, with the approval of the chief elected official or 1794
20312143 governing legislative body of such a municipality or community, to a 1795
20322144 nonprofit land conservation organization or water company, for 1796
20332145 acquisition of land within that municipality or community, for open 1797
20342146 space under subdivisions (1) to (6), inclusive, of subsection (b) of said 1798
20352147 section 7-131d, in an amount not to exceed seventy-five per cent of such 1799
20362148 value or for performance of work in the restoration, enhancement or 1800
20372149 protection of resources in an amount not to exceed fifty per cent of the 1801
20382150 cost of such work. Applicants for grants under the program shall 1802
20392151 provide a copy of the application to the chairperson of the review board 1803
20402152 established under section 7-131e, as amended by this act. The board 1804
20412153 shall provide comments to the commissioner on pending applications 1805
20422154 as it deems necessary. 1806
20432155 Sec. 30. Subsection (a) of section 7-131e of the general statutes is 1807
2044-repealed and the following is substituted in lieu thereof (Effective July 1, 1808
2156+repealed and the following is substituted in lieu thereof (Effective July 1, 1808 Substitute Bill No. 11
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20452163 2024): 1809
20462164 (a) Grant award decisions under the protected open space and 1810
20472165 watershed land acquisition grant program established under section 7-1811
20482166 131d, as amended by this act, or under the Charter Oak open space grant 1812
20492167 program established under section 7-131t shall be made by the 1813
20502168 Commissioner of Energy and Environmental Protection at least 1814
20512169 semiannually. All complete and eligible grant applications shall be acted 1815
20522170 upon by the commissioner as soon as practicable. A single project may 1816
20532171 receive a grant in more than one grant cycle, subject to future availability 1817
20542172 of funds and subject to the limitations set forth in this section and 1818
20552173 sections 23-78, 12-498 and 7-131d, as amended by this act. Up to five per 1819
20562174 cent of the grant funds may be used for administrative expenses 1820
20572175 including, but not limited to: (1) Contractors to assist the Department of 1821
2058-Energy and Environmental Protection in the review and evaluation of 1822 Substitute Bill No. 11
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2176+Energy and Environmental Protection in the review and evaluation of 1822
20632177 grant proposals and baseline data collection for conservation easements; 1823
20642178 (2) appraisals or appraisal reviews; and (3) preparation of legal and 1824
20652179 other documents. Administrative expenses may not be used for staff 1825
20662180 salaries. Not later than September 1, 1998, for the protected open space 1826
20672181 and watershed land acquisition grant program established under 1827
20682182 section 7-131d, as amended by this act, and not later than September 1, 1828
20692183 2000, for the Charter Oak open space grant program account established 1829
20702184 under section 7-131t, the commissioner shall develop written guidelines 1830
20712185 and a ranking system for consistency and equity in the distribution of 1831
20722186 grant awards under the protected open space and watershed land 1832
20732187 acquisition grant program established under section 7-131d, as 1833
20742188 amended by this act, or under the Charter Oak open space grant 1834
20752189 program account established under section 7-131t based on the criteria 1835
20762190 listed in subsections (b), [and] (c) and (d) of section 7-131d, as amended 1836
20772191 by this act. Consistent with such criteria, additional consideration shall 1837
20782192 be given to: (A) Protection of lands adjacent to and complementary to 1838
20792193 adjacent protected open space land or class I or class II water company 1839
20802194 lands; (B) equitable geographic distribution of the grants; (C) proximity 1840
20812195 of a property to urban areas with growth and development pressures or 1841
2082-to areas with open space deficiencies and underserved populations; (D) 1842
2196+to areas with open space deficiencies and underserved populations; (D) 1842 Substitute Bill No. 11
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20832203 protection of land particularly vulnerable to development incompatible 1843
20842204 with its natural resource values including the protection of a public 1844
20852205 water supply source; (E) consistency with the state plan of conservation 1845
20862206 and development; (F) multiple protection elements, such as water 1846
20872207 quality and supply protection, scenic preservation and farmland 1847
20882208 preservation; (G) the extent to which the presence of already constructed 1848
20892209 buildings or other man-made improvements diminish or overshadow 1849
20902210 the natural resource value of a proposed acquisition, or its value relative 1850
20912211 to its cost; and (H) preservation of forest lands and bodies of water 1851
20922212 which naturally absorb significant amounts of carbon dioxide. 1852
20932213 Sec. 31. Subsection (a) of section 23-8b of the general statutes is 1853
20942214 repealed and the following is substituted in lieu thereof (Effective July 1, 1854
20952215 2024): 1855
2096-(a) Any contract for the protection of open space entered into by the 1856 Substitute Bill No. 11
2097-
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2100-
2216+(a) Any contract for the protection of open space entered into by the 1856
21012217 Commissioner of Energy and Environmental Protection with BHC 1857
21022218 Company, Aquarion or Kelda Group, jointly or individually, and The 1858
21032219 Nature Conservancy, for purchase of land or interests in land from said 1859
21042220 companies shall be on such terms and conditions as are approved by the 1860
21052221 commissioner. Such terms and conditions shall provide for the filing on 1861
21062222 the land records in the town in which the land is located, restrictions or 1862
21072223 easements that provide that all land or interest in land subject to such 1863
21082224 purchase is preserved in perpetuity in its natural and open condition for 1864
21092225 the protection of natural resources and public water supplies. Such 1865
21102226 restrictions or easements may allow only those recreational activities 1866
21112227 which are not prohibited in subsection [(c)] (d) of section 7-131d, as 1867
21122228 amended by this act, and shall allow for improvements and activities 1868
21132229 necessary only for land and natural resource management and safe and 1869
21142230 adequate potable water. Such permanent restrictions or easements shall 1870
21152231 be in favor of the State of Connecticut acting through the Commissioner 1871
21162232 of Energy and Environmental Protection. Such permanent restrictions 1872
21172233 or easements shall also include a requirement that the property be 1873
21182234 available to the general public for recreational purposes as permitted 1874
2119-under subsection [(c)] (d) of section 7-131d, as amended by this act, and 1875
2235+under subsection [(c)] (d) of section 7-131d, as amended by this act, and 1875 Substitute Bill No. 11
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21202242 shall allow for the installation of such permanent fixtures as may be 1876
21212243 necessary to provide such permitted recreational activities. The 1877
21222244 Department of Energy and Environmental Protection and the state are 1878
21232245 hereby authorized to carry out and fulfill their obligations under any 1879
21242246 such contract. In addition to such rights as said companies may have 1880
21252247 pursuant to chapter 53, those rights in and to land or interests in land 1881
21262248 reserved by said companies in their conveyances to the state in 1882
21272249 accordance with the provisions of said contract shall be enforceable in 1883
21282250 equity. 1884
21292251 Sec. 32. (NEW) (Effective July 1, 2024) Notwithstanding the provisions 1885
21302252 of section 22a-352 of the general statutes, the Water Planning Council, 1886
21312253 as established pursuant to section 25-33o of the general statutes, shall, 1887
21322254 in undertaking the next periodic update to the state water plan in 1888
21332255 accordance with section 22a-352 of the general statutes: (1) Consider the 1889
2134-potential impact of climate change on the quality of water resources, (2) 1890 Substitute Bill No. 11
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2138-
2256+potential impact of climate change on the quality of water resources, (2) 1890
21392257 take into account past conditions and predictions of future temperatures 1891
21402258 and precipitation when identifying the quantities and qualities of water 1892
21412259 that are available for public water supply, health, economic, recreation 1893
21422260 and environmental benefits on a regional basin scale considering both 1894
21432261 surface water and groundwater, and (3) include recommendations and 1895
21442262 an implementation plan to reduce impacts from climate change and 1896
21452263 extreme weather events on water quality and quantity. 1897
21462264 Sec. 33. (NEW) (Effective July 1, 2024) (a) Not later than December 31, 1898
21472265 2028, and every ten years thereafter, the Departments of Public Health 1899
21482266 and Energy and Environmental Protection and the Public Utilities 1900
21492267 Regulatory Authority shall each review their regulations pertaining to 1901
21502268 water supply and, in accordance with the provisions of chapter 54 of the 1902
21512269 general statutes, revise such regulations to incorporate the most 1903
21522270 concurrent projections on precipitation, temperature or other applicable 1904
21532271 conditions that could impact water quality, quantity and distribution. 1905
21542272 (b) Not later than December 31, 2028, and every ten years thereafter, 1906
21552273 the Departments of Public Health and Energy and Environmental 1907
2156-Protection shall each review and revise their permitting processes for 1908
2274+Protection shall each review and revise their permitting processes for 1908 Substitute Bill No. 11
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21572281 sewage disposal systems, and any attendant regulations, in accordance 1909
21582282 with the provisions of chapter 54 of the general statutes, to incorporate 1910
21592283 the most concurrent projections on precipitation, flooding, sea level rise 1911
21602284 or other applicable conditions that could impact public safety and 1912
21612285 environmental quality. 1913
21622286 Sec. 34. (NEW) (Effective July 1, 2024) (a) Notwithstanding any 1914
21632287 provision of the general statutes, the Commissioner of the Department 1915
21642288 of Energy and Environmental Protection may acquire, in the name of 1916
21652289 the state and for flood control and protection and associated public 1917
21662290 purposes, no more than 25.7 acres of real property, or interests or rights 1918
21672291 therein, by purchase, gift, devise or exchange, or may take the same by 1919
21682292 eminent domain in the manner provided in Part IV of chapter 238 of the 1920
21692293 general statutes, provided: (1) Such acquisition occurs prior to October 1921
21702294 1, 2034; (2) the owner of any private property taken by eminent domain 1922
2171-pursuant to this section shall be entitled to challenge the amount of 1923 Substitute Bill No. 11
2172-
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2295+pursuant to this section shall be entitled to challenge the amount of 1923
21762296 compensation in accordance with section 13a-76 of the general statutes; 1924
21772297 and (3) such property or interest therein is located in a municipality that 1925
21782298 was incorporated in 1836 and has a population between one hundred 1926
21792299 forty thousand and one hundred fifty thousand as reported in the 2010 1927
21802300 federal decennial census and is necessary to construct a disaster relief, 1928
21812301 long-term recovery or infrastructure restoration project funded in 2016 1929
21822302 by the Community Development Block Grant -National Disaster 1930
21832303 Resilience program, 81 CFR 36557. 1931
21842304 (b) Whenever the Commissioner of the Department of Energy and 1932
21852305 Environmental Protection determines that the construction, operation, 1933
21862306 maintenance, repair or reconstruction of the property described in 1934
21872307 subdivision (3) of subsection (a) of this section or the flood control and 1935
21882308 protection improvements thereon, would necessitate the readjustment, 1936
21892309 relocation or removal of a public service facility, as defined in section 1937
21902310 13a-126 of the general statutes, the commissioner may issue a 1938
21912311 readjustment, relocation or removal order to the company, corporation 1939
21922312 or municipality owning or operating such public service facility and 1940
2193-such company, corporation or municipality shall readjust, relocate or 1941
2313+such company, corporation or municipality shall readjust, relocate or 1941 Substitute Bill No. 11
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21942320 remove such public service facility promptly, in accordance with such 1942
21952321 order, provided an equitable share of the cost of such readjustment, 1943
21962322 relocation or removal, including the cost of installing and constructing 1944
21972323 a public service facility of equal capacity in a new location, shall be 1945
21982324 borne by the state, within available appropriations, and calculated in 1946
21992325 accordance with section 13a-126 of the general statutes, as applied to 1947
22002326 state highways other than limited access highways. 1948
22012327 Sec. 35. (Effective from passage) Not later than January 1, 2025, the 1949
22022328 Commissioner of Energy and Environmental Protection, in consultation 1950
22032329 with the Insurance Commissioner, shall submit a report, in accordance 1951
22042330 with the provisions of section 11-4a of the general statutes, to the joint 1952
22052331 standing committee of the General Assembly having cognizance of 1953
22062332 matters relating to the environment on the requirements to create a 1954
22072333 climate resiliency fund that is funded by a surcharge on insurance 1955
22082334 policies issued in this state for property damage, general liability, 1956
2209-business interruption, and any other form of business loss or similar 1957 Substitute Bill No. 11
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2213-
2335+business interruption, and any other form of business loss or similar 1957
22142336 mechanism in relation to fossil fuel projects. Such report shall include, 1958
22152337 but not be limited to, an inventory of relevant fossil fuel projects, 1959
22162338 recommendations for structuring any such assessment and fund, and 1960
22172339 mechanisms to ensure maximum compliance with such assessment. For 1961
22182340 purposes of this section, "fossil fuel project" means any project intended 1962
22192341 to facilitate or expand the exploration, extraction, processing, exporting, 1963
22202342 transporting other than by truck, storage, or any other significant action 1964
22212343 with respect to oil, natural gas or coal and includes, but is not limited to, 1965
22222344 the construction of any infrastructure related to such activities 1966
22232345 including, but not limited to, wells, pipelines, terminals, refineries or 1967
22242346 utility-scale generation facilities. 1968
22252347 Sec. 36. Section 8-2f of the general statutes is repealed. (Effective July 1969
22262348 1, 2024) 1970
22272349 This act shall take effect as follows and shall amend the following
22282350 sections:
22292351
2230-Section 1 July 1, 2024 New section
2352+Section 1 July 1, 2024 New section Substitute Bill No. 11
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22312359 Sec. 2 July 1, 2024 New section
22322360 Sec. 3 July 1, 2024 New section
22332361 Sec. 4 July 1, 2024 New section
22342362 Sec. 5 July 1, 2024 New section
22352363 Sec. 6 July 1, 2024 New section
22362364 Sec. 7 July 1, 2024 New section
22372365 Sec. 8 July 1, 2024 New section
22382366 Sec. 9 July 1, 2024 New section
22392367 Sec. 10 July 1, 2024 New section
22402368 Sec. 11 July 1, 2024 8-23(d) to (f)
22412369 Sec. 12 July 1, 2024 8-23(i)
22422370 Sec. 13 July 1, 2024 28-1(2) to (4)
22432371 Sec. 14 July 1, 2024 25-68o
22442372 Sec. 15 July 1, 2024 7-364
22452373 Sec. 16 July 1, 2024 13a-175a(a)
22462374 Sec. 17 July 1, 2024 New section
22472375 Sec. 18 July 1, 2024 8-35a(a) and (b)
22482376 Sec. 19 July 1, 2024 29-251
22492377 Sec. 20 July 1, 2024 29-251c(c)
2250-Sec. 21 July 1, 2024 29-256a Substitute Bill No. 11
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2378+Sec. 21 July 1, 2024 29-256a
22552379 Sec. 22 July 1, 2024 8-2(b) and (c)
22562380 Sec. 23 July 1, 2024 8-2e
22572381 Sec. 24 July 1, 2024 New section
22582382 Sec. 25 July 1, 2024 16a-27
22592383 Sec. 26 July 1, 2024 28-5(h)
22602384 Sec. 27 July 1, 2024 7-131d
22612385 Sec. 28 July 1, 2024 7-131e(b) and (c)
22622386 Sec. 29 July 1, 2024 7-131g(a)
22632387 Sec. 30 July 1, 2024 7-131e(a)
22642388 Sec. 31 July 1, 2024 23-8b(a)
22652389 Sec. 32 July 1, 2024 New section
22662390 Sec. 33 July 1, 2024 New section
22672391 Sec. 34 July 1, 2024 New section
22682392 Sec. 35 from passage New section
22692393 Sec. 36 July 1, 2024 Repealer section
22702394
22712395 ENV Joint Favorable Subst.
2272-FIN Joint Favorable
22732396