4 | 6 | | |
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5 | 7 | | General Assembly Substitute Bill No. 11 |
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6 | 8 | | February Session, 2024 |
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7 | 9 | | |
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8 | 10 | | |
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9 | 11 | | |
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10 | 12 | | |
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11 | 13 | | |
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12 | 14 | | AN ACT CONCERNING CONNECTICUT RESILIENCY PLANNING AND |
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13 | 15 | | PROVIDING MUNICIPAL OPTIONS FOR CLIMATE RESILIENCE. |
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14 | 16 | | Be it enacted by the Senate and House of Representatives in General |
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15 | 17 | | Assembly convened: |
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16 | 18 | | |
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17 | 19 | | Section 1. (NEW) (Effective July 1, 2024) As used in this section and 1 |
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18 | 20 | | sections 2 to 10, inclusive, of this act unless the context otherwise 2 |
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19 | 21 | | requires: 3 |
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20 | 22 | | (1) "Captured assessed value" means the amount, as a percentage or 4 |
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21 | 23 | | stated sum, of increased assessed value that is utilized from year to year 5 |
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22 | 24 | | to finance project costs pursuant to the district master plan. 6 |
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23 | 25 | | (2) "Clean energy project" means a renewable energy project that 7 |
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24 | 26 | | utilizes Class I renewable sources, as defined in section 16-1 of the 8 |
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25 | 27 | | general statutes. 9 |
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26 | 28 | | (3) "Current assessed value" means the assessed value of all taxable 10 |
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27 | 29 | | real property within a resiliency improvement district as of October first 11 |
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28 | 30 | | of each year that the resiliency improvement district remains in effect. 12 |
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29 | 31 | | (4) "District master plan" means a statement of means and objectives 13 |
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30 | 32 | | prepared by the municipality, or two or more municipalities acting 14 |
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31 | 33 | | jointly under an interlocal agreement, relating to a resiliency 15 |
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38 | 42 | | (B) support economic development, (C) provide housing opportunities 18 |
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39 | 43 | | in existing residential areas, (D) improve or broaden the tax base, and 19 |
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40 | 44 | | (E) construct or improve the physical facilities and structures necessary 20 |
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41 | 45 | | for resilience projects, environmental infrastructure or clean energy 21 |
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42 | 46 | | projects, or any combination thereof, as described in section 4 of this act. 22 |
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43 | 47 | | (5) "Environmental infrastructure" has the same meaning as provided 23 |
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44 | 48 | | in section 16-245n of the general statutes. 24 |
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45 | 49 | | (6) "Financial plan" means a statement of the project costs and sources 25 |
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46 | 50 | | of revenue required to accomplish the district master plan. 26 |
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47 | 51 | | (7) "Increased assessed value" means the valuation amount by which 27 |
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48 | 52 | | the current assessed value of a resiliency improvement district exceeds 28 |
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49 | 53 | | the original assessed value of the resiliency improvement district. If the 29 |
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50 | 54 | | current assessed value is equal to or less than the original assessed 30 |
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51 | 55 | | value, there is no increased assessed value. 31 |
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52 | 56 | | (8) "Increased savings" means the valuation amount by which the 32 |
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53 | 57 | | current cost of any existing insurance premium, or other premium, 33 |
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54 | 58 | | surcharge or other fee identified within the resiliency improvement 34 |
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55 | 59 | | district may be reduced after the implementation of such district, 35 |
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56 | 60 | | resulting in a monetary savings to a resident of, or a business located in, 36 |
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57 | 61 | | such district. 37 |
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58 | 62 | | (9) "Joint resiliency improvement district" means a resiliency 38 |
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59 | 63 | | improvement district established by two or more contiguous 39 |
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60 | 64 | | municipalities that have entered into an interlocal agreement in 40 |
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61 | 65 | | accordance with sections 7-339a to 7-339l, inclusive, of the general 41 |
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62 | 66 | | statutes. 42 |
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63 | 67 | | (10) "Maintenance and operation" means all activities necessary to 43 |
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64 | 68 | | maintain facilities after they have been developed and all activities 44 |
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65 | 69 | | necessary to operate such facilities, including, but not limited to, 45 |
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66 | 70 | | informational, promotional and educational programs and safety and 46 |
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67 | 71 | | surveillance activities. 47 Substitute Bill No. 11 |
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68 | 72 | | |
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69 | 73 | | |
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71 | 77 | | |
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72 | 78 | | (11) "Municipality" means a town, city, borough, consolidated town 48 |
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73 | 79 | | and city or consolidated town and borough. 49 |
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74 | 80 | | (12) "Original assessed value" means the assessed value of all taxable 50 |
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75 | 81 | | real property within a resiliency improvement district as of October first 51 |
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76 | 82 | | of the tax year preceding the year in which the resiliency improvement 52 |
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77 | 83 | | district was established by the legislative body of a municipality. 53 |
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78 | 84 | | (13) "Project costs" means any expenditures or monetary obligations 54 |
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79 | 85 | | incurred or expected to be incurred that are authorized by section 6 of 55 |
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80 | 86 | | this act and included in a district master plan. 56 |
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81 | 87 | | (14) "Resilience" has the same meaning as provided in section 16-243y 57 |
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82 | 88 | | of the general statutes. 58 |
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83 | 89 | | (15) "Resilience project" means a project, including a capital project, 59 |
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84 | 90 | | that is designed and implemented to address climate change mitigation, 60 |
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85 | 91 | | adaptation or resilience, including, but not limited to, the following: 61 |
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86 | 92 | | (A) A project that mitigates the effects of river, bay or sea level rise, 62 |
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87 | 93 | | or rising groundwater, including wetlands or marsh restoration, 63 |
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88 | 94 | | riparian buffers, vegetated dunes, living shorelines, erosion control, 64 |
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89 | 95 | | road elevation, levees or other flood structures; 65 |
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90 | 96 | | (B) A project that mitigates the effects of extreme heat or the urban 66 |
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91 | 97 | | heat island effect, including increasing shade, deploying building and 67 |
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92 | 98 | | surface materials designed to reflect or absorb less heat, using pavement 68 |
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93 | 99 | | materials designed to reflect or absorb less heat, constructing, 69 |
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94 | 100 | | improving or modifying new or existing facilities or increasing access to 70 |
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95 | 101 | | cooling opportunities; 71 |
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96 | 102 | | (C) A project that mitigates the effects of drought, including the 72 |
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97 | 103 | | repurposing of land for multiple uses, the reduction of impervious 73 |
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98 | 104 | | surfaces, groundwater replenishment or groundwater storage, or a 74 |
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99 | 105 | | combination of such uses; or 75 |
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106 | 114 | | or bypasses, riparian buffers or levees. 78 |
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107 | 115 | | (16) "Tax increment" means real property taxes assessed by a 79 |
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108 | 116 | | municipality upon the increased assessed value of property in the 80 |
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109 | 117 | | resiliency improvement district. 81 |
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110 | 118 | | (17) "Resiliency improvement district" means an area wholly within 82 |
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111 | 119 | | the corporate limits of one or more municipalities that has been 83 |
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112 | 120 | | established and designated as such pursuant to section 2 of this act and 84 |
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113 | 121 | | that is to be developed under a district master plan. 85 |
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114 | 122 | | (18) "Tax year" means the period of time beginning on July first and 86 |
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115 | 123 | | ending on the succeeding June thirtieth. 87 |
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116 | 124 | | Sec. 2. (NEW) (Effective July 1, 2024) (a) Any municipality may, by 88 |
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117 | 125 | | vote of its legislative body, establish a resiliency improvement district 89 |
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118 | 126 | | located wholly within the boundaries of such municipality in 90 |
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119 | 127 | | accordance with the requirements of this section and sections 3 to 10, 91 |
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120 | 128 | | inclusive, of this act. If a municipality is governed by a home rule 92 |
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121 | 129 | | charter, and such charter prohibits the establishment of a resiliency 93 |
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122 | 130 | | improvement district, such municipality shall not establish such district. 94 |
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123 | 131 | | Except as provided in subsection (d) of this section, the establishment of 95 |
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124 | 132 | | a resiliency improvement district approved by such municipality shall 96 |
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125 | 133 | | be effective upon the concurrent approval of such district and the 97 |
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126 | 134 | | adoption of a district master plan pursuant to section 4 of this act. 98 |
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127 | 135 | | (b) Within a resiliency improvement district, and consistent with the 99 |
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128 | 136 | | district master plan, the municipality, in addition to powers granted to 100 |
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129 | 137 | | such municipality under the Constitution of the state of Connecticut, the 101 |
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130 | 138 | | general statutes, the provisions of any special act or sections 3 to 10, 102 |
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131 | 139 | | inclusive, of this act shall have the following powers: 103 |
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132 | 140 | | (1) To acquire, construct, reconstruct, improve, preserve, alter, 104 |
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133 | 141 | | extend, operate or maintain property or promote development intended 105 |
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134 | 142 | | to meet the objectives of the district master plan. The municipality may 106 |
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141 | 151 | | (2) To execute and deliver contracts, agreements and other 109 |
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142 | 152 | | documents relating to the operation and maintenance of the resiliency 110 |
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143 | 153 | | improvement district; 111 |
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144 | 154 | | (3) To issue bonds and other obligations of the municipality in 112 |
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145 | 155 | | accordance with the provisions set forth in section 8 of this act; 113 |
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146 | 156 | | (4) Acting through its board of selectmen, town council or other 114 |
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147 | 157 | | governing body of such municipality, to enter into written agreements 115 |
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148 | 158 | | with a taxpayer that fixes the assessment of real property located within 116 |
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149 | 159 | | a resiliency improvement district, provided (A) the term of such 117 |
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150 | 160 | | agreement shall not exceed thirty years from the date of the agreement; 118 |
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151 | 161 | | and (B) the agreed assessment for such real property plus future 119 |
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152 | 162 | | improvements shall not be less than the assessment of the real property 120 |
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153 | 163 | | as of the last regular assessment date without such fu ture 121 |
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154 | 164 | | improvements. Any such agreement shall be recorded in the land 122 |
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155 | 165 | | records of the municipality. The recording of such agreement shall 123 |
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156 | 166 | | constitute notice of the agreement to any subsequent purchaser or 124 |
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157 | 167 | | encumbrancer of the property or any part of it, whether voluntary or 125 |
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158 | 168 | | involuntary, and such agreement shall be binding upon any subsequent 126 |
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159 | 169 | | purchaser or encumbrancer. If the municipality claims that the taxpayer 127 |
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160 | 170 | | or a subsequent purchaser or encumbrancer has violated the terms of 128 |
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161 | 171 | | such agreement, the municipality may bring an action in the superior 129 |
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162 | 172 | | court for the judicial district in which the municipality is located to 130 |
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163 | 173 | | enforce such agreement; 131 |
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164 | 174 | | (5) To accept grants, advances, loans or other financial assistance 132 |
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165 | 175 | | from the federal government, the state, private entities or any other 133 |
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166 | 176 | | source, including, but not limited to, such funds as allowable from 134 |
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167 | 177 | | sections 7-159d, 22a-498 and 25-85 of the general statutes, and undertake 135 |
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168 | 178 | | any additional actions necessary or desirable to secure such financial 136 |
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169 | 179 | | aid; and 137 |
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177 | 189 | | any other purposes. 141 |
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178 | 190 | | (c) The resiliency improvement district may be dissolved or the 142 |
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179 | 191 | | boundaries of such district may be modified upon the vote of the 143 |
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180 | 192 | | legislative body of the municipality, except that the resiliency 144 |
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181 | 193 | | improvement district may not be dissolved nor may the boundaries of 145 |
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182 | 194 | | the resiliency improvement district be decreased if any bonds or other 146 |
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183 | 195 | | indebtedness authorized and issued by the municipality under sections 147 |
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184 | 196 | | 3 to 10, inclusive, of this act remain outstanding. Notwithstanding the 148 |
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185 | 197 | | provisions of this subsection, outstanding obligation bonds of the 149 |
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186 | 198 | | municipality secured solely by the full faith and credit of the 150 |
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187 | 199 | | municipality shall not preclude the dissolution of, or the decrease of the 151 |
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188 | 200 | | boundaries of, a resiliency improvement district. 152 |
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189 | 201 | | (d) Two or more contiguous municipalities may enter into an 153 |
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190 | 202 | | interlocal agreement in accordance with sections 7-339a to 7-339l, 154 |
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191 | 203 | | inclusive, of the general statutes, to establish a joint resiliency 155 |
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192 | 204 | | improvement district and adopt a district master plan for a district that 156 |
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193 | 205 | | consists of contiguous properties partially located in each such 157 |
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194 | 206 | | municipality. Such interlocal agreement shall be adopted prior to the 158 |
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195 | 207 | | establishment of any such joint district and the adoption of a district 159 |
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196 | 208 | | master plan for such district. A joint resiliency improvement district 160 |
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197 | 209 | | shall be deemed established upon the concurrent approval of such 161 |
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198 | 210 | | district and the adoption of a district master plan by the legislative 162 |
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199 | 211 | | bodies of all of the municipalities participating in the interlocal 163 |
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200 | 212 | | agreement. 164 |
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201 | 213 | | (e) The interlocal agreement under which two or more contiguous 165 |
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202 | 214 | | municipalities establish a joint resiliency improvement district shall 166 |
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203 | 215 | | apportion any power, right, duty or obligation granted to, or required 167 |
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204 | 216 | | of, any municipality under the provisions of sections 3 to 10, inclusive, 168 |
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205 | 217 | | of this act among the municipalities participating in the interlocal 169 |
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213 | 227 | | statutes or any special act to offer, enter into or modify any tax 173 |
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214 | 228 | | abatement for real property located in a resiliency improvement district 174 |
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215 | 229 | | if such real property contains one or more units of affordable housing, 175 |
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216 | 230 | | as defined in section 8-39a of the general statutes. 176 |
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217 | 231 | | Sec. 3. (NEW) (Effective July 1, 2024) Prior to the establishment of a 177 |
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218 | 232 | | resiliency improvement district and approval of a district master plan 178 |
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219 | 233 | | for such district, the legislative body of the municipality, or the board of 179 |
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220 | 234 | | selectmen in the case of a municipality in which the legislative body is a 180 |
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221 | 235 | | town meeting, shall: 181 |
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222 | 236 | | (1) Consider whether the proposed resiliency improvement district 182 |
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223 | 237 | | and district master plan will contribute to the well-being of the 183 |
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224 | 238 | | municipality or to the betterment of the health, welfare or safety of the 184 |
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225 | 239 | | inhabitants of the municipality; 185 |
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226 | 240 | | (2) Transmit the proposed district master plan to the planning 186 |
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227 | 241 | | commission of the municipality, if any, requesting a study of the 187 |
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228 | 242 | | proposed district master plan and a written advisory opinion, which 188 |
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229 | 243 | | shall include a determination on whether the proposed plan is 189 |
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230 | 244 | | consistent with the plan of conservation and development of the 190 |
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231 | 245 | | municipality adopted under section 8-23 of the general statutes, as 191 |
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232 | 246 | | amended by this act; 192 |
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233 | 247 | | (3) Hold at least one public hearing on the proposal to establish a 193 |
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234 | 248 | | resiliency improvement district and to adopt the proposed district 194 |
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235 | 249 | | master plan. Notice of the hearing shall be published not less than ten 195 |
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236 | 250 | | days prior to such hearing in a conspicuous place on the Internet web 196 |
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237 | 251 | | site of the municipality, or the municipalities acting jointly pursuant to 197 |
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238 | 252 | | an interlocal agreement, with the date and time such notice was so 198 |
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239 | 253 | | posted, and such notice shall include (A) the date, time and place of such 199 |
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240 | 254 | | hearing, (B) the legal description of the boundaries of the proposed 200 |
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241 | 255 | | resiliency improvement district, and (C) the draft district master plan, 201 |
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249 | 265 | | (4) Determine whether the proposed resiliency improvement district 205 |
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250 | 266 | | meets the following conditions: 206 |
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251 | 267 | | (A) The district contains an area that experiences or is likely to 207 |
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252 | 268 | | experience adverse impacts from hazards or climate change, including, 208 |
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253 | 269 | | but not limited to, sea level rise, rising groundwater, extreme heat, 209 |
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254 | 270 | | drought or flooding; 210 |
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255 | 271 | | (B) The district has been identified in a municipal hazard mitigation 211 |
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256 | 272 | | plan, local plan of conservation and development, regional plan of 212 |
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257 | 273 | | conservation and development or has been identified by another related 213 |
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258 | 274 | | planning process; 214 |
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259 | 275 | | (C) The plan demonstrates a reduction of risk in the district from such 215 |
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260 | 276 | | identified adverse impacts from hazards or climate change; 216 |
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261 | 277 | | (D) A portion of the real property within the district shall be suitable 217 |
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262 | 278 | | for commercial, industrial, mixed-use or retail uses or transit-oriented 218 |
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263 | 279 | | development; 219 |
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264 | 280 | | (E) In the case of existing residential use, provides for the replacement 220 |
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265 | 281 | | of, or renovation to, residential buildings in the district, if the district is 221 |
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266 | 282 | | in a flood zone or within the boundaries of sea level rise as determined 222 |
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267 | 283 | | by the requirements of section 25-68o of the general statutes, as 223 |
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268 | 284 | | amended by this act, to include a height standard of not less than two 224 |
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269 | 285 | | feet of freeboard above the base flood elevation, or as designated by the 225 |
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270 | 286 | | state building code or municipal building requirements, whichever 226 |
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271 | 287 | | imposes a greater height standard, and whether construction of or 227 |
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272 | 288 | | renovation to commercial or industrial buildings shall be flood-proofed 228 |
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273 | 289 | | or elevated; 229 |
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274 | 290 | | (F) Provides for vehicle access to residential buildings in the district 230 |
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275 | 291 | | if the district is in a flood zone or is impacted by sea level rise, pursuant 231 |
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283 | 301 | | to properties adjacent to the district or increase the risk to other hazards 235 |
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284 | 302 | | within the district; and 236 |
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285 | 303 | | (H) The original assessed value of a proposed resiliency 237 |
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286 | 304 | | improvement district plus the original assessed value of all existing tax 238 |
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287 | 305 | | increment districts within the relevant municipalities may not exceed 239 |
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288 | 306 | | ten per cent of the total value of taxable property within the 240 |
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289 | 307 | | municipalities as of October first of the year immediately preceding the 241 |
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290 | 308 | | establishment of the tax increment district. Excluded from the 242 |
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291 | 309 | | calculation in this subparagraph is any tax increment district established 243 |
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292 | 310 | | on or after October 1, 2015, that consists entirely of contiguous property 244 |
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293 | 311 | | owned by a single taxpayer. For the purpose of this subdivision, 245 |
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294 | 312 | | "contiguous property" includes a parcel or parcels of land divided by a 246 |
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295 | 313 | | road, power line, railroad line or right-of-way. 247 |
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296 | 314 | | Sec. 4. (NEW) (Effective July 1, 2024) (a) In connection with the 248 |
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297 | 315 | | establishment of a resiliency improvement district, the legislative body 249 |
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298 | 316 | | of a municipality shall adopt a district master plan for each resiliency 250 |
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299 | 317 | | improvement district and a statement of the percentage or stated sum 251 |
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300 | 318 | | of increased assessed value to be designated as captured assessed value 252 |
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301 | 319 | | in accordance with such plan. Such legislative body shall adopt such 253 |
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302 | 320 | | plan after receipt of a written advisory opinion from the planning 254 |
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303 | 321 | | commission or combined planning and zoning commission of the 255 |
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304 | 322 | | municipality pursuant to section 3 of this act or ninety days after such 256 |
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305 | 323 | | request was made, whichever is earlier. The district master plan shall be 257 |
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306 | 324 | | adopted at the same time that the resiliency improvement district is 258 |
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307 | 325 | | established as part of the resiliency improvement district adoption 259 |
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308 | 326 | | proceedings set forth in sections 2 to 10, inclusive, of this act. 260 |
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309 | 327 | | (b) The district master plan shall include: (1) The legal description of 261 |
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310 | 328 | | the boundaries of the resiliency improvement district; (2) a list of the tax 262 |
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311 | 329 | | identification numbers for all lots or parcels within the resiliency 263 |
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320 | 340 | | a description of the existing or expected hazards facing the district; (5) a 268 |
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321 | 341 | | description of the public facilities, improvements or programs within 269 |
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322 | 342 | | the resiliency improvement district anticipated to be undertaken and 270 |
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323 | 343 | | financed in whole or in part; (6) in the event of existing residential use 271 |
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324 | 344 | | within the resiliency improvement district, a plan for the rehabilitation, 272 |
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325 | 345 | | construction or replacement of any such existing housing in accordance 273 |
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326 | 346 | | with the state's consolidated plan for housing and community 274 |
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327 | 347 | | development prepared pursuant to section 8-37t of the general statutes 275 |
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328 | 348 | | and the state plan of conservation and development prepared pursuant 276 |
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329 | 349 | | to chapter 297 of the general statutes, which plan shall also include 277 |
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330 | 350 | | meaningful efforts to reduce displacement plans; (7) a financial plan in 278 |
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331 | 351 | | accordance with subsection (c) of this section; (8) a plan for the proposed 279 |
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332 | 352 | | maintenance and operation of the resiliency improvements after the 280 |
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333 | 353 | | improvements are completed; and (9) the maximum duration of the 281 |
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334 | 354 | | resiliency improvement district, which may not exceed a total of fifty tax 282 |
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335 | 355 | | years beginning with the tax year in which the resiliency improvement 283 |
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336 | 356 | | district is established. 284 |
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337 | 357 | | (c) The financial plan in a district master plan shall include: (1) Cost 285 |
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338 | 358 | | estimates for the public improvements and developments anticipated in 286 |
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339 | 359 | | the district master plan; (2) cost estimates to support relocation or 287 |
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340 | 360 | | temporary housing for displaced residents; (3) the maximum amount of 288 |
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341 | 361 | | indebtedness to be incurred to implement the district master plan; (4) 289 |
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342 | 362 | | sources of anticipated revenues, including, but not limited to, increased 290 |
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343 | 363 | | savings, fees, assessments, grants or other sources; (5) a description of 291 |
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344 | 364 | | the terms and conditions of any agreements, including any anticipated 292 |
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345 | 365 | | savings agreements, assessment agreements, contracts or other 293 |
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346 | 366 | | obligations related to the district master plan; (6) estimates of increased 294 |
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347 | 367 | | assessed values and estimates of increased savings of the resiliency 295 |
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348 | 368 | | improvement district; and (7) the portion of the increased assessed 296 |
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349 | 369 | | values and increased savings to be applied to the district master plan as 297 |
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358 | 380 | | body shall review the district master plan not less than once every ten 302 |
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359 | 381 | | years after the initial approval of the resiliency improvement district 303 |
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360 | 382 | | and the district master plan in order for the resiliency improvement 304 |
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361 | 383 | | district and the district master plan to remain in effect, provided no such 305 |
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362 | 384 | | district may be dissolved for the failure to comply with this section if 306 |
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363 | 385 | | any bonds or other indebtedness authorized and issued by the 307 |
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364 | 386 | | municipality under sections 2 to 10, inclusive, of this act remain 308 |
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365 | 387 | | outstanding. With respect to any district master plan that includes 309 |
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366 | 388 | | development that is funded in whole or in part by federal funds, the 310 |
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367 | 389 | | provisions of this subsection shall not apply to the extent that such 311 |
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368 | 390 | | provisions are prohibited by federal law. 312 |
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369 | 391 | | Sec. 5. (NEW) (Effective July 1, 2024) (a) In the district master plan, 313 |
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370 | 392 | | each applicable municipality may designate all or part of the tax 314 |
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371 | 393 | | increment revenues generated from the increased assessed value and all 315 |
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372 | 394 | | or part of any additional revenue resulting from the increased savings 316 |
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373 | 395 | | of a resiliency improvement district for the purpose of financing all or 317 |
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374 | 396 | | part of the implementation of the district master plan, and, in the case 318 |
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375 | 397 | | of any existing or planned residential use in such district, the percentage 319 |
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376 | 398 | | of such revenue necessary to rehabilitate, construct or replace dwellings 320 |
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377 | 399 | | for such use and to preserve, increase or improve access to affordable 321 |
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378 | 400 | | housing, as defined in section 8-39a of the general statutes, within the 322 |
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379 | 401 | | municipality, either within or adjacent to such district. The amount of 323 |
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380 | 402 | | tax increment revenues to be designated shall be determined by 324 |
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381 | 403 | | designating the captured assessed value, subject to any assessment 325 |
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382 | 404 | | agreements. 326 |
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383 | 405 | | (b) On or after the establishment of a resiliency improvement district 327 |
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384 | 406 | | and the adoption of a district master plan, the assessor of the 328 |
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385 | 407 | | municipality in which such district is located shall certify the original 329 |
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386 | 408 | | assessed value of the taxable real property within the boundaries of the 330 |
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396 | 420 | | assessed value. Nothing in this subsection shall be construed to 336 |
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397 | 421 | | authorize the unequal apportionment or assessment of the taxes to be 337 |
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398 | 422 | | paid on real property in the municipality. Subject to any assessment 338 |
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399 | 423 | | agreements, an owner of real property within the resiliency 339 |
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400 | 424 | | improvement district shall pay real property taxes apportioned equally 340 |
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401 | 425 | | with real property taxes paid elsewhere in such municipality. 341 |
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402 | 426 | | (c) If a municipality has designated captured assessed value under 342 |
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403 | 427 | | subsection (a) of section 4 of this act: 343 |
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404 | 428 | | (1) Each applicable municipality shall establish a district master plan 344 |
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405 | 429 | | fund that consists of: (A) A project cost account that is pledged to and 345 |
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406 | 430 | | charged with the payment of project costs that are outlined in the 346 |
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407 | 431 | | financial plan, including the reimbursement of project cost expenditures 347 |
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408 | 432 | | incurred by a public body, which public body may be the municipality, 348 |
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409 | 433 | | a developer, any property owner or any other third-party entity, and 349 |
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410 | 434 | | that are paid in a manner other than as described in subparagraph (B) 350 |
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411 | 435 | | of this subdivision; and (B) in instances of indebtedness issued by the 351 |
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412 | 436 | | municipality in accordance with section 8 of this act to finance or 352 |
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413 | 437 | | refinance project costs, a development sinking fund account that is 353 |
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414 | 438 | | pledged to and charged with the (i) payment of the interest and 354 |
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415 | 439 | | principal as the interest and principal fall due, including any 355 |
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416 | 440 | | redemption premium; (ii) payment of the costs of providing or 356 |
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417 | 441 | | reimbursing any provider of any guarantee, letter of credit, policy of 357 |
---|
418 | 442 | | bond insurance or other credit enhancement device used to secure 358 |
---|
419 | 443 | | payment of debt service on any such indebtedness; and (iii) funding any 359 |
---|
420 | 444 | | required reserve fund; 360 |
---|
421 | 445 | | (2) The municipality shall annually set aside all tax increment 361 |
---|
422 | 446 | | revenues on captured assessed values and deposit all such revenues to 362 |
---|
423 | 447 | | the appropriate district master plan fund account established under 363 |
---|
433 | 459 | | financial plan, except for general obligation bonds of the municipality 369 |
---|
434 | 460 | | secured solely by the full faith and credit of the municipality; and (B) to 370 |
---|
435 | 461 | | the project cost account, all such remaining tax increment revenues on 371 |
---|
436 | 462 | | captured assessed values; 372 |
---|
437 | 463 | | (3) The municipality shall make transfers between district master 373 |
---|
438 | 464 | | plan fund accounts established under subdivision (1) of this subsection, 374 |
---|
439 | 465 | | provided the transfers do not result in a balance in either account that is 375 |
---|
440 | 466 | | insufficient to cover the annual obligations of each respective account; 376 |
---|
441 | 467 | | (4) The municipality may, at any time during the term of the 377 |
---|
442 | 468 | | resiliency improvement district, by vote of the legislative body of the 378 |
---|
443 | 469 | | municipality, return to the municipal general fund any tax increment 379 |
---|
444 | 470 | | revenues remaining in either account established under subdivision (1) 380 |
---|
445 | 471 | | of this subsection that exceeds those estimated to be required to satisfy 381 |
---|
446 | 472 | | the obligations of the account after taking into account any transfer 382 |
---|
447 | 473 | | made under subdivision (3) of this subsection; and 383 |
---|
448 | 474 | | (5) Any account or fund established pursuant to subdivision (1) of 384 |
---|
449 | 475 | | this subsection shall be audited annually by an independent auditor 385 |
---|
450 | 476 | | who is a public accountant licensed to practice in this state and who 386 |
---|
451 | 477 | | meets the independence standards included in generally accepted 387 |
---|
452 | 478 | | government auditing standards. A report of such audit shall be open to 388 |
---|
453 | 479 | | public inspection. Certified copies of such audit shall be provided to the 389 |
---|
454 | 480 | | State Auditors of Public Accounts. 390 |
---|
455 | 481 | | Sec. 6. (NEW) (Effective July 1, 2024) Costs authorized for payment 391 |
---|
456 | 482 | | from a district master plan fund, established pursuant to section 5 of this 392 |
---|
457 | 483 | | act shall be limited to: 393 |
---|
458 | 484 | | (1) Costs of improvements made within the resiliency improvement 394 |
---|
460 | 492 | | limited to, (i) the acquisition or construction of land, improvements, 396 |
---|
461 | 493 | | infrastructure, measures designed to improve resilience, environmental 397 |
---|
462 | 494 | | infrastructure, clean energy projects, public ways, parks, buildings, 398 |
---|
463 | 495 | | structures, railings, signs, landscaping, plantings, curbs, sidewalks, 399 |
---|
469 | 497 | | improvements, pedestrian improvements and other related 401 |
---|
470 | 498 | | improvements, fixtures and equipment for public or private use, (ii) the 402 |
---|
471 | 499 | | demolition, alteration, remodeling, repair or reconstruction of existing 403 |
---|
472 | 500 | | buildings, structures and fixtures, (iii) environmental remediation, (iv) 404 |
---|
473 | 501 | | site preparation and finishing work, and (v) all fees and expenses 405 |
---|
474 | 502 | | associated with the capital cost of such improvements, including, but 406 |
---|
475 | 503 | | not limited to, licensing and permitting expenses and planning, 407 |
---|
476 | 504 | | engineering, architectural, testing, legal and accounting expenses; (B) 408 |
---|
477 | 505 | | financing costs, including, but not limited to, closing costs, issuance 409 |
---|
478 | 506 | | costs, reserve funds and capitalized interest; (C) real property assembly 410 |
---|
479 | 507 | | costs; (D) costs of technical and marketing assistance programs; (E) 411 |
---|
480 | 508 | | professional service costs, including, but not limited to, licensing, 412 |
---|
481 | 509 | | architectural, planning, engineering, development and legal expenses; 413 |
---|
482 | 510 | | (F) maintenance and operation costs; (G) administrative costs, 414 |
---|
483 | 511 | | including, but not limited to, reasonable charges for the time spent by 415 |
---|
484 | 512 | | municipal employees, other agencies or third-party entities in 416 |
---|
485 | 513 | | connection with the implementation of a district master plan; and (H) 417 |
---|
486 | 514 | | organizational costs relating to the planning and the establishment of 418 |
---|
487 | 515 | | the resiliency improvement district, including, but not limited to, the 419 |
---|
488 | 516 | | costs of conducting environmental impact and other studies and the 420 |
---|
489 | 517 | | costs of informing the public about the creation of resiliency 421 |
---|
490 | 518 | | improvement districts and the implementation of the district master 422 |
---|
491 | 519 | | plan; 423 |
---|
492 | 520 | | (2) Costs of improvements that are made outside the resiliency 424 |
---|
493 | 521 | | improvement district but are directly related to or are made necessary 425 |
---|
494 | 522 | | by the establishment or operation of the resiliency improvement district, 426 |
---|
495 | 523 | | including, but not limited to, (A) that portion of the costs reasonably 427 |
---|
496 | 524 | | related to the construction, alteration or expansion of any facilities not 428 |
---|
507 | 537 | | costs of public safety and public school improvements made necessary 435 |
---|
508 | 538 | | by the establishment of the resiliency improvement district; and (C) 436 |
---|
509 | 539 | | costs of funding to mitigate any adverse impact of the resiliency 437 |
---|
510 | 540 | | improvement district upon the municipality and its constituents; and 438 |
---|
511 | 541 | | (3) Costs related to environmental improvement projects developed 439 |
---|
512 | 542 | | by the municipality related to the resiliency improvement district. 440 |
---|
513 | 543 | | Sec. 7. (NEW) (Effective July 1, 2024) (a) (1) Notwithstanding any 441 |
---|
514 | 544 | | provision of the general statutes, whenever a municipality constructs, 442 |
---|
515 | 545 | | improves, extends, equips, rehabilitates, repairs, acquires or provides a 443 |
---|
516 | 546 | | grant for any public improvements within a resiliency improvement 444 |
---|
517 | 547 | | district or finances the cost of such public improvements, the proportion 445 |
---|
518 | 548 | | of such cost or estimated cost of such public improvements and 446 |
---|
519 | 549 | | financing thereof, as determined by the municipality, may be assessed 447 |
---|
520 | 550 | | by the municipality, as a benefit assessment, in the manner prescribed 448 |
---|
521 | 551 | | by such municipality, upon the real property within the resiliency 449 |
---|
522 | 552 | | improvement district that is benefited by such public improvements. 450 |
---|
523 | 553 | | The municipality may provide for the payment of such benefit 451 |
---|
524 | 554 | | assessments in annual installments, not exceeding fifty years, and may 452 |
---|
525 | 555 | | forgive such benefit assessments in any given year without causing the 453 |
---|
526 | 556 | | remainder of installments of benefit assessments to be forgiven. Benefit 454 |
---|
527 | 557 | | assessments on real property where buildings or structures are 455 |
---|
528 | 558 | | constructed or expanded after the initial benefit assessment may be 456 |
---|
529 | 559 | | assessed as if the new or expanded buildings or structures on such real 457 |
---|
530 | 560 | | property existed at the time of the original benefit assessment. 458 |
---|
531 | 561 | | (2) Any benefit assessment shall be adopted and revised by the 459 |
---|
532 | 562 | | municipality not less than annually and not more than sixty days before 460 |
---|
533 | 563 | | the beginning of the fiscal year. If any benefit assessment is assessed and 461 |
---|
543 | 575 | | (b) Before estimating and making a benefit assessment under 467 |
---|
544 | 576 | | subsection (a) of this section, the municipality shall hold not less than 468 |
---|
545 | 577 | | one public hearing on such municipality's schedule of benefit 469 |
---|
546 | 578 | | assessments or any revision thereof. Notice of such hearing shall be 470 |
---|
547 | 579 | | published not less than ten days before such hearing in a conspicuous 471 |
---|
548 | 580 | | place on the Internet web site of the municipality, or the municipalities 472 |
---|
549 | 581 | | acting jointly pursuant to an interlocal agreement, with the date and 473 |
---|
550 | 582 | | time such notice was posted. The notice shall include (1) the date, time 474 |
---|
551 | 583 | | and place of such hearing; (2) the boundaries of the resiliency 475 |
---|
552 | 584 | | improvement district by legal description; (3) a statement that all 476 |
---|
553 | 585 | | interested persons owning real estate or taxable property located within 477 |
---|
554 | 586 | | the resiliency improvement district will be given an opportunity to be 478 |
---|
555 | 587 | | heard at the hearing and an opportunity to file objections to the amount 479 |
---|
556 | 588 | | of the assessment; (4) the maximum rate of assessments to be increased 480 |
---|
557 | 589 | | in any one year; and (5) a statement indicating that the proposed list of 481 |
---|
558 | 590 | | properties to be assessed and the estimated assessments against those 482 |
---|
559 | 591 | | properties are available at the city or town office or at the office of the 483 |
---|
560 | 592 | | assessor. The notice may include a maximum number of years the 484 |
---|
561 | 593 | | assessments will be levied. Not later than the date of the publication, the 485 |
---|
562 | 594 | | municipality shall make available to any member of the public, upon 486 |
---|
563 | 595 | | request, the proposed schedule of benefit assessments. The procedures 487 |
---|
564 | 596 | | for public hearing and appeal set forth in section 7-250 of the general 488 |
---|
565 | 597 | | statutes shall apply for all benefit assessments made by a municipality 489 |
---|
566 | 598 | | pursuant to this section, except that the board of finance, or the 490 |
---|
567 | 599 | | municipality's legislative body if no board of finance exists, shall be 491 |
---|
568 | 600 | | substituted for the water pollution control authority. 492 |
---|
569 | 601 | | (c) A municipality may adopt ordinances apportioning the value of 493 |
---|
570 | 602 | | improvements within a resiliency improvement district according to a 494 |
---|
580 | 614 | | (e) (1) Benefit assessments made under this section shall be collected 500 |
---|
581 | 615 | | and enforced in the same manner as municipal taxes unless otherwise 501 |
---|
582 | 616 | | provided in sections 2 to 10, inclusive, of this act. Benefit assessments 502 |
---|
583 | 617 | | shall be due and payable at such times as are fixed by the municipality, 503 |
---|
584 | 618 | | provided the municipality shall give notice of such due date not less 504 |
---|
585 | 619 | | than thirty days prior to such due date by publication in a conspicuous 505 |
---|
586 | 620 | | place on the Internet web site of each applicable municipality with the 506 |
---|
587 | 621 | | date and time such notice was so posted and by mailing such notice to 507 |
---|
588 | 622 | | the owners of the assessed real property at the last-known address of 508 |
---|
589 | 623 | | any such owner. All revenues from any assessment under this section 509 |
---|
590 | 624 | | shall be paid into the appropriate district master plan fund account 510 |
---|
591 | 625 | | established under subsection (c) of section 5 of this act. 511 |
---|
592 | 626 | | (2) If any property owner fails to pay any assessment or part of an 512 |
---|
593 | 627 | | assessment on or before the date on which such assessment or part of 513 |
---|
594 | 628 | | such assessment is due, the municipality shall have all the authority and 514 |
---|
595 | 629 | | powers to collect the delinquent assessments vested in the municipality 515 |
---|
596 | 630 | | by law to collect delinquent municipal taxes. Benefit assessments, if not 516 |
---|
597 | 631 | | paid when due, shall constitute a lien upon the real property served and 517 |
---|
598 | 632 | | a charge against the owners thereof, which lien and charge shall bear 518 |
---|
599 | 633 | | interest at the same rate as delinquent property taxes. Each such lien 519 |
---|
600 | 634 | | may be continued, recorded and released in the manner provided for 520 |
---|
601 | 635 | | property tax liens and shall take precedence over all other liens or 521 |
---|
602 | 636 | | encumbrances except a lien for property taxes of the municipality. 522 |
---|
603 | 637 | | Sec. 8. (NEW) (Effective July 1, 2024) (a) For the purpose of carrying 523 |
---|
604 | 638 | | out or administering a district master plan or other functions authorized 524 |
---|
605 | 639 | | under sections 2 to 10, inclusive, of this act, a municipality is authorized, 525 |
---|
606 | 640 | | subject to the limitations and procedures set forth in this section, to issue 526 |
---|
618 | 654 | | received by the municipality; or (4) any combination of the methods in 534 |
---|
619 | 655 | | subdivisions (1) to (3), inclusive, of this subsection. Except for bonds 535 |
---|
620 | 656 | | secured by the full faith credit pledge of the municipality, bonds 536 |
---|
621 | 657 | | authorized by this section shall not be included in computing the 537 |
---|
622 | 658 | | aggregate indebtedness of the municipality. 538 |
---|
623 | 659 | | (b) Notwithstanding the provisions of any other statute, municipal 539 |
---|
624 | 660 | | ordinance or charter provision governing the authorization and 540 |
---|
625 | 661 | | issuance of bonds generally by the municipality, any bonds payable and 541 |
---|
626 | 662 | | secured as provided in this section shall be authorized by a resolution 542 |
---|
627 | 663 | | adopted by the legislative body of the municipality. Such bonds shall, 543 |
---|
628 | 664 | | as determined by the legislative body of the municipality or the 544 |
---|
629 | 665 | | municipal officers who are designated such authority by such body, (1) 545 |
---|
630 | 666 | | be issued and sold; (2) bear interest at the rate or rates determined by 546 |
---|
631 | 667 | | the legislative body or its designee, including variable rates; (3) provide 547 |
---|
632 | 668 | | for the payment of interest on the dates determined by the legislative 548 |
---|
633 | 669 | | body or its designee, whether before or at maturity; (4) be issued at, 549 |
---|
634 | 670 | | above or below par; (5) mature at such time or times not exceeding thirty 550 |
---|
635 | 671 | | years; (6) have rank or priority; (7) be payable in such medium of 551 |
---|
636 | 672 | | payment; (8) be issued in such form, including, without limitation, 552 |
---|
637 | 673 | | registered or book-entry form, carry such registration and transfer 553 |
---|
638 | 674 | | privileges and be made subject to purchase or redemption before 554 |
---|
639 | 675 | | maturity at such price or prices and under such terms and conditions, 555 |
---|
640 | 676 | | including the condition that such bonds be subject to purchase or 556 |
---|
641 | 677 | | redemption on the demand of the owner thereof; and (9) contain such 557 |
---|
642 | 678 | | other required terms and particulars. 558 |
---|
643 | 679 | | (c) The municipality may require that the bonds issued hereunder be 559 |
---|
656 | 694 | | convenient or desirable to better secure the bonds, or will tend to make 568 |
---|
657 | 695 | | the bonds more marketable, and which are in the best interests of the 569 |
---|
658 | 696 | | municipality. The pledge by any trust agreement shall be valid and 570 |
---|
659 | 697 | | binding from time to time when the pledge is made. The revenues or 571 |
---|
660 | 698 | | other moneys so pledged and then held or thereafter received by the 572 |
---|
661 | 699 | | municipality shall immediately be subject to the lien of the pledge 573 |
---|
662 | 700 | | without any physical delivery thereof or further act and the lien of the 574 |
---|
663 | 701 | | pledge shall be valid and binding as against all parties having claims of 575 |
---|
664 | 702 | | any kind in tort, contract or otherwise against the board, irrespective of 576 |
---|
665 | 703 | | whether the parties have notice thereof. All expenses incurred in 577 |
---|
666 | 704 | | carrying out such trust agreement may be treated as project costs. In case 578 |
---|
667 | 705 | | any municipal officer whose signature or a facsimile of whose signature 579 |
---|
668 | 706 | | shall appear on any bonds or coupons shall cease to be an officer before 580 |
---|
669 | 707 | | the delivery of the obligations, the signature or facsimile shall 581 |
---|
670 | 708 | | nevertheless be valid and sufficient for all purposes the same as if the 582 |
---|
671 | 709 | | officer had remained in office until the delivery. Notwithstanding any 583 |
---|
672 | 710 | | provision of the Uniform Commercial Code, neither this section, the 584 |
---|
673 | 711 | | resolution of the municipality approving the bonds or any trust 585 |
---|
674 | 712 | | agreement by which a pledge is created need be filed or recorded, and 586 |
---|
675 | 713 | | no filing need be made under title 42a of the general statutes. 587 |
---|
676 | 714 | | (d) While any bonds issued hereunder remain outstanding, the 588 |
---|
677 | 715 | | existence of the resiliency improvement district and the powers and 589 |
---|
678 | 716 | | duties of the municipality with respect to such resiliency improvement 590 |
---|
679 | 717 | | district shall not be diminished or impaired in any way that will affect 591 |
---|
680 | 718 | | adversely the interests and rights of the holders of the bonds. Any bonds 592 |
---|
681 | 719 | | issued by a municipality pursuant to this section, except for general 593 |
---|
694 | 734 | | (e) Any pledge made by a municipality pursuant to this section shall 602 |
---|
695 | 735 | | be valid and binding from the time when the pledge is made, and any 603 |
---|
696 | 736 | | revenues or other receipts, funds or moneys so pledged and thereafter 604 |
---|
697 | 737 | | received by the municipality shall be subject immediately to the lien of 605 |
---|
698 | 738 | | such pledge without any physical delivery thereof or further act. The 606 |
---|
699 | 739 | | lien of any such pledge shall be valid and binding as against all parties 607 |
---|
700 | 740 | | having claims of any kind in tort, contract or otherwise against the 608 |
---|
701 | 741 | | municipality, irrespective of whether such parties have notice of such 609 |
---|
702 | 742 | | lien. 610 |
---|
703 | 743 | | (f) Bonds issued under this section are hereby made securities in 611 |
---|
704 | 744 | | which all public officers and public bodies of the state and its political 612 |
---|
705 | 745 | | subdivisions, all insurance companies, trust companies, banking 613 |
---|
706 | 746 | | associations, investment companies, executors, administrators, trustees 614 |
---|
707 | 747 | | and other fiduciaries may properly and legally invest funds, including 615 |
---|
708 | 748 | | capital in their control and belonging to them and such bonds shall be 616 |
---|
709 | 749 | | securities that may properly and legally be deposited with and received 617 |
---|
710 | 750 | | by any state or municipal officer or any agency or political subdivision 618 |
---|
711 | 751 | | of the state for any purpose for which the deposit of bonds of the state 619 |
---|
712 | 752 | | is now or may hereafter be authorized by law. Bonds may be issued 620 |
---|
713 | 753 | | under this section without obtaining the consent of the state and without 621 |
---|
714 | 754 | | any proceedings or the happening of any other conditions or things 622 |
---|
715 | 755 | | other than those proceedings, conditions or things that are specifically 623 |
---|
716 | 756 | | required thereof by this section. 624 |
---|
717 | 757 | | (g) Nothing in this section shall be construed to restrict the ability of 625 |
---|
718 | 758 | | the municipality to raise revenue for the payment of project costs in any 626 |
---|
730 | 772 | | resiliency improvement district. The advisory board may advise the 634 |
---|
731 | 773 | | legislative body and any designated administrative entity on the 635 |
---|
732 | 774 | | planning, construction and implementation of the district master plan 636 |
---|
733 | 775 | | and maintenance and operation of the resiliency improvement district 637 |
---|
734 | 776 | | after the district master plan is complete. 638 |
---|
735 | 777 | | Sec. 10. (NEW) (Effective July 1, 2024) (a) Within a resiliency 639 |
---|
736 | 778 | | improvement district, priority consideration shall be given in the 640 |
---|
737 | 779 | | solicitation, selection and design of infrastructure projects designed to 641 |
---|
738 | 780 | | increase resilience and that (1) utilize natural and nature-based 642 |
---|
739 | 781 | | solutions intended to restore, maintain or enhance ecosystem services 643 |
---|
740 | 782 | | and processes that maintain or improve on environmental quality in or 644 |
---|
741 | 783 | | adjacent to the district, or (2) address the needs of environmental justice 645 |
---|
742 | 784 | | communities, as defined in section 22a-20a of the general statutes, or of 646 |
---|
743 | 785 | | vulnerable communities, as defined in section 16-243y of the general 647 |
---|
744 | 786 | | statutes. 648 |
---|
745 | 787 | | (b) To the extent that a resiliency project results in the demolition or 649 |
---|
746 | 788 | | reduction of affordable housing, as defined in section 8-39a of the 650 |
---|
747 | 789 | | general statutes, the municipality, the developer of the resiliency 651 |
---|
748 | 790 | | project, a property owner or a third-party entity shall commit to replace 652 |
---|
749 | 791 | | such affordable housing units within the district. The replacement of 653 |
---|
750 | 792 | | such affordable housing shall occur not later than four years after such 654 |
---|
751 | 793 | | demolition or reduction. If the replacement is not feasible within the 655 |
---|
752 | 794 | | district boundaries, then such affordable housing shall be replaced 656 |
---|
753 | 795 | | within a reasonable proximity to the district at a rate of not less than two 657 |
---|
754 | 796 | | units for each unit that otherwise would have been replaced within the 658 |
---|
766 | 810 | | the need for protection of existing and potential public surface and 666 |
---|
767 | 811 | | ground drinking water supplies, (4) the use of cluster development and 667 |
---|
768 | 812 | | other development patterns to the extent consistent with soil types, 668 |
---|
769 | 813 | | terrain and infrastructure capacity within the municipality, (5) the state 669 |
---|
770 | 814 | | plan of conservation and development adopted pursuant to chapter 297, 670 |
---|
771 | 815 | | (6) the regional plan of conservation and development adopted 671 |
---|
772 | 816 | | pursuant to section 8-35a, as amended by this act, (7) physical, social, 672 |
---|
773 | 817 | | economic and governmental conditions and trends, (8) the needs of the 673 |
---|
774 | 818 | | municipality including, but not limited to, human resources, education, 674 |
---|
775 | 819 | | health, housing, recreation, social services, public utilities, public 675 |
---|
776 | 820 | | protection, transportation and circulation and cultural and 676 |
---|
777 | 821 | | interpersonal communications, (9) the objectives of energy-efficient 677 |
---|
778 | 822 | | patterns of development, the use of solar and other renewable forms of 678 |
---|
779 | 823 | | energy and energy conservation, (10) protection and preservation of 679 |
---|
780 | 824 | | agriculture, (11) the most recent sea level change scenario updated 680 |
---|
781 | 825 | | pursuant to subsection (b) of section 25-68o, as amended by this act, 681 |
---|
782 | 826 | | [and] (12) the need for technology infrastructure in the municipality, 682 |
---|
783 | 827 | | and (13) for any such plan adopted on or after October 1, 2026, the most 683 |
---|
784 | 828 | | recent hazard and climate projections established by federal and state 684 |
---|
785 | 829 | | authorities, including, but not limited to, the National Oceanic and 685 |
---|
786 | 830 | | Atmospheric Administration, the Federal Emergency Management 686 |
---|
787 | 831 | | Agency, the United States Environmental Protection Agency and The 687 |
---|
788 | 832 | | University of Connecticut. 688 |
---|
789 | 833 | | (e) (1) [Such] Any such plan of conservation and development 689 |
---|
790 | 834 | | adopted prior to October 1, 2026, shall (A) be a statement of policies, 690 |
---|
791 | 835 | | goals and standards for the physical and economic development of the 691 |
---|
793 | 843 | | parkways, bridges, streets, sidewalks, multipurpose trails and other 693 |
---|
794 | 844 | | public ways as appropriate, (C) be designed to promote, with the 694 |
---|
795 | 845 | | greatest efficiency and economy, the coordinated development of the 695 |
---|
796 | 846 | | municipality and the general welfare and prosperity of its people and 696 |
---|
797 | 847 | | identify areas where it is feasible and prudent (i) to have compact, 697 |
---|
798 | 848 | | transit accessible, pedestrian-oriented mixed use development patterns 698 |
---|
804 | 850 | | reuse, (D) recommend the most desirable use of land within the 700 |
---|
805 | 851 | | municipality for residential, recreational, commercial, industrial, 701 |
---|
806 | 852 | | conservation, agricultural and other purposes and include a map 702 |
---|
807 | 853 | | showing such proposed land uses, (E) recommend the most desirable 703 |
---|
808 | 854 | | density of population in the several parts of the municipality, (F) note 704 |
---|
809 | 855 | | any inconsistencies with the following growth management principles: 705 |
---|
810 | 856 | | (i) Redevelopment and revitalization of commercial centers and areas of 706 |
---|
811 | 857 | | mixed land uses with existing or planned physical infrastructure; (ii) 707 |
---|
812 | 858 | | expansion of housing opportunities and design choices to accommodate 708 |
---|
813 | 859 | | a variety of household types and needs; (iii) concentration of 709 |
---|
814 | 860 | | development around transportation nodes and along major 710 |
---|
815 | 861 | | transportation corridors to support the viability of transportation 711 |
---|
816 | 862 | | options and land reuse; (iv) conservation and restoration of the natural 712 |
---|
817 | 863 | | environment, cultural and historical resources and existing farmlands; 713 |
---|
818 | 864 | | (v) protection of environmental assets critical to public health and 714 |
---|
819 | 865 | | safety; and (vi) integration of planning across all levels of government 715 |
---|
820 | 866 | | to address issues on a local, regional and state-wide basis, (G) make 716 |
---|
821 | 867 | | provision for the development of housing opportunities, including 717 |
---|
822 | 868 | | opportunities for multifamily dwellings, consistent with soil types, 718 |
---|
823 | 869 | | terrain and infrastructure capacity, for all residents of the municipality 719 |
---|
824 | 870 | | and the planning region in which the municipality is located, as 720 |
---|
825 | 871 | | designated by the Secretary of the Office of Policy and Management 721 |
---|
826 | 872 | | under section 16a-4a, (H) promote housing choice and economic 722 |
---|
827 | 873 | | diversity in housing, including housing for both low and moderate 723 |
---|
828 | 874 | | income households, and encourage the development of housing which 724 |
---|
829 | 875 | | will meet the housing needs identified in the state's consolidated plan 725 |
---|
830 | 876 | | for housing and community development prepared pursuant to section 726 |
---|
843 | 891 | | persons with a disability or persons sixty years of age or older, or their 735 |
---|
844 | 892 | | caregivers, in all residential zones, subject to municipal zoning 736 |
---|
845 | 893 | | regulations concerning design and long-term use of the principal 737 |
---|
846 | 894 | | property after it is no longer in use by such persons; and (iii) expand the 738 |
---|
847 | 895 | | definition of "family" in single-family zones to allow for accessory 739 |
---|
848 | 896 | | apartments for persons sixty years of age or older, persons with a 740 |
---|
849 | 897 | | disability or their caregivers. In preparing such plan the commission 741 |
---|
850 | 898 | | shall consider focusing development and revitalization in areas with 742 |
---|
851 | 899 | | existing or planned physical infrastructure. 743 |
---|
852 | 900 | | (2) Any such plan of conservation and development adopted on or 744 |
---|
853 | 901 | | after October 1, 2026, shall (A) be a statement of policies, goals and 745 |
---|
854 | 902 | | standards for the physical and economic development of the 746 |
---|
855 | 903 | | municipality; (B) provide for a system of principal thoroughfares, 747 |
---|
856 | 904 | | parkways, bridges, streets, sidewalks, multipurpose trails and other 748 |
---|
857 | 905 | | public ways as appropriate; (C) be designed to promote, with the 749 |
---|
858 | 906 | | greatest efficiency and economy, the coordinated development of the 750 |
---|
859 | 907 | | municipality and the general welfare and prosperity of its people and 751 |
---|
860 | 908 | | identify areas where it is feasible and prudent (i) to have compact, 752 |
---|
861 | 909 | | transit accessible, pedestrian-oriented mixed use development patterns 753 |
---|
862 | 910 | | and land reuse, and (ii) to promote such development patterns and land 754 |
---|
863 | 911 | | reuse; (D) (i) include a climate change vulnerability assessment, based 755 |
---|
864 | 912 | | on information from sources described in section 11 of this act which 756 |
---|
865 | 913 | | shall consist of an assessment of existing and anticipated threats to and 757 |
---|
866 | 914 | | vulnerabilities of the municipality that are associated with natural 758 |
---|
867 | 915 | | disasters, hazards and climate change, including, but not limited to, 759 |
---|
868 | 916 | | increased temperatures, drought, flooding, storm damage and sea level 760 |
---|
870 | 924 | | individuals, communities, institutions, businesses, economic 762 |
---|
871 | 925 | | development, public infrastructure and facilities, public health, safety 763 |
---|
872 | 926 | | and welfare, (ii) identify goals, policies and techniques to avoid or 764 |
---|
873 | 927 | | reduce such threats, vulnerabilities and impacts, and (iii) include a 765 |
---|
874 | 928 | | statement describing any consistencies and inconsistencies identified 766 |
---|
875 | 929 | | between such assessment and any existing or proposed municipal 767 |
---|
881 | 931 | | comprehensive emergency operations plan, emergency response plan, 769 |
---|
882 | 932 | | post-disaster recovery plan, long-range transportation plan or capital 770 |
---|
883 | 933 | | improvement plan in the municipality, and identifying and 771 |
---|
884 | 934 | | recommending, where necessary, the integration of data from such 772 |
---|
885 | 935 | | assessment into any such plans and any actions necessary to achieve 773 |
---|
886 | 936 | | consistency and coordination between such assessment and any such 774 |
---|
887 | 937 | | plans; (E) recommend the most desirable use of land within the 775 |
---|
888 | 938 | | municipality for residential, recreational, commercial, industrial, 776 |
---|
889 | 939 | | conservation, agricultural and other purposes and include a map 777 |
---|
890 | 940 | | showing such proposed land uses that considers the threats, 778 |
---|
891 | 941 | | vulnerabilities and impacts identified in the climate change 779 |
---|
892 | 942 | | vulnerability assessment conducted pursuant to subparagraph (D)(i) of 780 |
---|
893 | 943 | | this subdivision; (F) recommend the most desirable density of 781 |
---|
894 | 944 | | population in the several parts of the municipality; (G) note any 782 |
---|
895 | 945 | | inconsistencies with the following growth management principles: (i) 783 |
---|
896 | 946 | | Redevelopment and revitalization of commercial centers and areas of 784 |
---|
897 | 947 | | mixed land uses with existing or planned physical infrastructure; (ii) 785 |
---|
898 | 948 | | expansion of housing opportunities and design choices to accommodate 786 |
---|
899 | 949 | | a variety of household types and needs; (iii) concentration of 787 |
---|
900 | 950 | | development around transportation nodes and along major 788 |
---|
901 | 951 | | transportation corridors to support the viability of transportation 789 |
---|
902 | 952 | | options and land reuse and reduction of vehicle mileage; (iv) 790 |
---|
903 | 953 | | conservation and restoration of the natural environment, cultural and 791 |
---|
904 | 954 | | historical resources and existing farmlands; (v) protection of 792 |
---|
905 | 955 | | environmental assets critical to public health and safety; and (vi) 793 |
---|
906 | 956 | | integration of planning across all levels of government to address issues 794 |
---|
907 | 957 | | on a local, regional and state-wide basis; (H) make provision for the 795 |
---|
920 | 972 | | needs identified in the state's consolidated plan for housing and 804 |
---|
921 | 973 | | community development prepared pursuant to section 8-37t and in the 805 |
---|
922 | 974 | | housing component and the other components of the state plan of 806 |
---|
923 | 975 | | conservation and development prepared pursuant to chapter 297; (J) 807 |
---|
924 | 976 | | consider allowing older adults and persons with disabilities the ability 808 |
---|
925 | 977 | | to live in their homes and communities whenever possible; (K) identify 809 |
---|
926 | 978 | | infrastructure, including, but not limited to, facilities, public utilities and 810 |
---|
927 | 979 | | roadways, that is critical for evacuation purposes and sustaining quality 811 |
---|
928 | 980 | | of life during a natural disaster, and which shall be maintained at all 812 |
---|
929 | 981 | | times in an operational state; (L) identify strategies and design 813 |
---|
930 | 982 | | standards that may be implemented to avoid or reduce risks associated 814 |
---|
931 | 983 | | with natural disasters, hazards and climate change; and (M) include 815 |
---|
932 | 984 | | geospatial data utilized in preparing such plan or that is necessary to 816 |
---|
933 | 985 | | convey information in such plan. Such plan may: (i) Permit home 817 |
---|
934 | 986 | | sharing in single-family zones between up to four adult persons of any 818 |
---|
935 | 987 | | age with a disability or who are sixty years of age or older, whether or 819 |
---|
936 | 988 | | not related, who receive supportive services in the home; (ii) allow 820 |
---|
937 | 989 | | accessory apartments for persons with a disability or persons sixty years 821 |
---|
938 | 990 | | of age or older, or their caregivers, in all residential zones, subject to 822 |
---|
939 | 991 | | municipal zoning regulations concerning design and long-term use of 823 |
---|
940 | 992 | | the principal property after it is no longer in use by such persons; (iii) 824 |
---|
941 | 993 | | expand the definition of "family" in single-family zones to allow for 825 |
---|
942 | 994 | | accessory apartments for persons sixty years of age or older, persons 826 |
---|
943 | 995 | | with a disability or their caregivers; and (iv) identify one or more areas 827 |
---|
944 | 996 | | that are vulnerable to the impacts of climate change for the purpose of 828 |
---|
945 | 997 | | prioritizing funding for infrastructure needs and resilience planning. In 829 |
---|
946 | 998 | | preparing such plan the commission shall consider focusing 830 |
---|
959 | 1013 | | the specific policies, goals and standards of the subject municipality. 839 |
---|
960 | 1014 | | [(2)] (3) For any municipality that is contiguous to Long Island Sound, 840 |
---|
961 | 1015 | | such plan shall be (A) consistent with the municipal coastal program 841 |
---|
962 | 1016 | | requirements of sections 22a-101 to 22a-104, inclusive, (B) made with 842 |
---|
963 | 1017 | | reasonable consideration for restoration and protection of the ecosystem 843 |
---|
964 | 1018 | | and habitat of Long Island Sound, and (C) designed to reduce hypoxia, 844 |
---|
965 | 1019 | | pathogens, toxic contaminants and floatable debris in Long Island 845 |
---|
966 | 1020 | | Sound. 846 |
---|
967 | 1021 | | (f) Such plan may show the commission's and any special 847 |
---|
968 | 1022 | | committee's recommendation for (1) conservation and preservation of 848 |
---|
969 | 1023 | | traprock and other ridgelines, (2) airports, parks, playgrounds and other 849 |
---|
970 | 1024 | | public grounds, (3) the general location, relocation and improvement of 850 |
---|
971 | 1025 | | schools and other public buildings, (4) the general location and extent 851 |
---|
972 | 1026 | | of public utilities and terminals, whether publicly or privately owned, 852 |
---|
973 | 1027 | | for water, light, power, transit and other purposes, (5) the extent and 853 |
---|
974 | 1028 | | location of public housing projects, (6) programs for the implementation 854 |
---|
975 | 1029 | | of the plan, including (A) a schedule, (B) a budget for public capital 855 |
---|
976 | 1030 | | projects, (C) a program for enactment and enforcement of zoning and 856 |
---|
977 | 1031 | | subdivision controls, building and housing codes and safety 857 |
---|
978 | 1032 | | regulations, (D) plans for implementation of affordable housing, (E) 858 |
---|
979 | 1033 | | plans for open space acquisition and greenways protection and 859 |
---|
980 | 1034 | | development, and (F) plans for corridor management areas along 860 |
---|
981 | 1035 | | limited access highways or rail lines, designated under section 16a-27, 861 |
---|
982 | 1036 | | as amended by this act, (7) proposed priority funding areas, (8) a land 862 |
---|
983 | 1037 | | use program that will promote the reduction and avoidance of risks 863 |
---|
985 | 1045 | | including, but not limited to, increased temperatures, drought, flooding, 865 |
---|
986 | 1046 | | hurricanes and sea level rise, (9) a program for the transfer of 866 |
---|
987 | 1047 | | development rights, which establishes criteria for sending and receiving 867 |
---|
988 | 1048 | | sites and technical details for the program consistent with the provisions 868 |
---|
989 | 1049 | | of section 8-2e, as amended by this act, and [(8)] (10) any other 869 |
---|
990 | 1050 | | recommendations as will, in the commission's or any special 870 |
---|
991 | 1051 | | committee's judgment, be beneficial to the municipality. The plan may 871 |
---|
997 | 1053 | | photographs, charts or other pertinent data and information relative to 873 |
---|
998 | 1054 | | the past, present and future trends of the municipality. Any land use 874 |
---|
999 | 1055 | | program recommended pursuant to subdivision (8) of this subsection 875 |
---|
1000 | 1056 | | may be a resiliency improvement district, as defined in section 1 of this 876 |
---|
1001 | 1057 | | act. 877 |
---|
1002 | 1058 | | Sec. 12. Subsection (i) of section 8-23 of the general statutes is repealed 878 |
---|
1003 | 1059 | | and the following is substituted in lieu thereof (Effective July 1, 2024): 879 |
---|
1004 | 1060 | | (i) (1) After completion of the public hearing, the commission may 880 |
---|
1005 | 1061 | | revise the plan and may adopt the plan or any part thereof or 881 |
---|
1006 | 1062 | | amendment thereto by a single resolution or may, by successive 882 |
---|
1007 | 1063 | | resolutions, adopt parts of the plan and amendments thereto. 883 |
---|
1008 | 1064 | | (2) Any plan, section of a plan or recommendation in the plan that is 884 |
---|
1009 | 1065 | | not endorsed in the report of the legislative body or, in the case of a 885 |
---|
1010 | 1066 | | municipality for which the legislative body is a town meeting or 886 |
---|
1011 | 1067 | | representative town meeting, by the board of selectmen, of the 887 |
---|
1012 | 1068 | | municipality may only be adopted by the commission by a vote of not 888 |
---|
1013 | 1069 | | less than two-thirds of all the members of the commission. 889 |
---|
1014 | 1070 | | (3) Upon adoption by the commission, any plan or part thereof or 890 |
---|
1015 | 1071 | | amendment thereto shall become effective at a time established by the 891 |
---|
1016 | 1072 | | commission, provided notice thereof shall be published in a newspaper 892 |
---|
1017 | 1073 | | having a general circulation in the municipality prior to such effective 893 |
---|
1018 | 1074 | | date. 894 |
---|
1020 | 1082 | | or amendment thereto shall be posted on the Internet web site of the 896 |
---|
1021 | 1083 | | municipality, if any, and shall be filed in the office of the town clerk, 897 |
---|
1022 | 1084 | | except that, if it is a district plan or amendment, it shall be filed in the 898 |
---|
1023 | 1085 | | offices of both the district and town clerks. 899 |
---|
1024 | 1086 | | (5) Not more than sixty days after adoption of the plan, the 900 |
---|
1025 | 1087 | | commission shall submit a copy of the plan, including geospatial data 901 |
---|
1026 | 1088 | | required pursuant to subparagraph (M) of subdivision (2) of subsection 902 |
---|
1032 | 1090 | | Management, [and] in a form and manner prescribed by the secretary. 904 |
---|
1033 | 1091 | | The commission shall include with such copy a description of any 905 |
---|
1034 | 1092 | | [inconsistency] inconsistencies between the plan adopted by the 906 |
---|
1035 | 1093 | | commission and the regional plan of conservation and development 907 |
---|
1036 | 1094 | | applicable to the municipality and the state plan of conservation and 908 |
---|
1037 | 1095 | | development, and the reasons [therefor] for any such inconsistencies. 909 |
---|
1038 | 1096 | | Sec. 13. Subdivisions (2) to (4), inclusive, of section 28-1 of the general 910 |
---|
1039 | 1097 | | statutes are repealed and the following is substituted in lieu thereof 911 |
---|
1040 | 1098 | | (Effective July 1, 2024): 912 |
---|
1041 | 1099 | | (2) "Major disaster" means any catastrophe including, but not limited 913 |
---|
1042 | 1100 | | to, any hurricane, tornado, storm, high water, wind-driven water, tidal 914 |
---|
1043 | 1101 | | wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, 915 |
---|
1044 | 1102 | | snowstorm, extreme heat or drought, or, regardless of cause, any fire, 916 |
---|
1045 | 1103 | | flood, explosion, or man-made disaster in any part of this state that, (A) 917 |
---|
1046 | 1104 | | in the determination of the President, causes damage of sufficient 918 |
---|
1047 | 1105 | | severity and magnitude to warrant major disaster assistance under the 919 |
---|
1048 | 1106 | | Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 920 |
---|
1049 | 1107 | | USC 5121 et seq., as amended from time to time, to supplement the 921 |
---|
1050 | 1108 | | efforts and available resources of this state, local governments within 922 |
---|
1051 | 1109 | | the state, and disaster relief organizations in alleviating the damage, 923 |
---|
1052 | 1110 | | loss, hardship, or suffering caused by such catastrophe, or (B) in the 924 |
---|
1053 | 1111 | | determination of the Governor, requires the declaration of a civil 925 |
---|
1054 | 1112 | | preparedness emergency pursuant to section 28-9. 926 |
---|
1068 | 1128 | | by an attack upon the United States, (C) to deal with the immediate 936 |
---|
1069 | 1129 | | emergency conditions which would be created by any such attack, 937 |
---|
1070 | 1130 | | major disaster or emergency, and (D) to effectuate emergency repairs to, 938 |
---|
1071 | 1131 | | or the emergency restoration of, vital utilities and facilities destroyed or 939 |
---|
1072 | 1132 | | damaged by any such attack, major disaster or emergency. Such term 940 |
---|
1073 | 1133 | | shall include, but shall not be limited to, (i) measures to be taken in 941 |
---|
1074 | 1134 | | preparation for anticipated attack, major disaster, prolonged or intense 942 |
---|
1075 | 1135 | | exposure to precipitation, drought, heat, fire, flooding or emergency, 943 |
---|
1076 | 1136 | | including the establishment of appropriate organizations, operational 944 |
---|
1077 | 1137 | | plans and supporting agreements; the recruitment and training of 945 |
---|
1078 | 1138 | | personnel; the conduct of research; the procurement and stockpiling of 946 |
---|
1079 | 1139 | | necessary materials and supplies; the provision of suitable warning 947 |
---|
1080 | 1140 | | systems; the construction and preparation of shelters, shelter areas and 948 |
---|
1081 | 1141 | | control centers; and, when appropriate, the nonmilitary evacuation of 949 |
---|
1082 | 1142 | | the civilian population, pets and service animals; (ii) measures to be 950 |
---|
1083 | 1143 | | taken during attack, major disaster, prolonged or intense exposure to 951 |
---|
1084 | 1144 | | precipitation, drought, heat, fire, flooding or emergency, including the 952 |
---|
1085 | 1145 | | enforcement of passive defense regulations prescribed by duly 953 |
---|
1086 | 1146 | | established military or civil authorities; the evacuation of personnel to 954 |
---|
1087 | 1147 | | shelter areas; the control of traffic and panic; and the control and use of 955 |
---|
1088 | 1148 | | lighting and civil communication; and (iii) measures to be taken 956 |
---|
1089 | 1149 | | following attack, major disaster, prolonged or intense exposure to 957 |
---|
1090 | 1150 | | precipitation, drought, heat, fire, flooding or emergency, including 958 |
---|
1091 | 1151 | | activities for firefighting; rescue, emergency medical, health and 959 |
---|
1092 | 1152 | | sanitation services; monitoring for specific hazards of special weapons; 960 |
---|
1094 | 1160 | | emergency welfare measures; and immediately essential emergency 962 |
---|
1095 | 1161 | | repair or restoration of damaged vital facilities. 963 |
---|
1096 | 1162 | | Sec. 14. Section 25-68o of the general statutes is repealed and the 964 |
---|
1097 | 1163 | | following is substituted in lieu thereof (Effective July 1, 2024): 965 |
---|
1098 | 1164 | | (a) On and after October 1, 2019, in the preparation of any municipal 966 |
---|
1099 | 1165 | | evacuation plan or hazard mitigation plan, such municipality shall 967 |
---|
1100 | 1166 | | consider the most recent sea level change scenario updated pursuant to 968 |
---|
1106 | 1168 | | shall identify and address (1) threats to surface transportation, critical 970 |
---|
1107 | 1169 | | infrastructure and local land uses as a result of such sea level change, 971 |
---|
1108 | 1170 | | and (2) actions, strategies and capital projects to avoid or reduce impacts 972 |
---|
1109 | 1171 | | and risks resulting from climate change, including, but not limited to, 973 |
---|
1110 | 1172 | | increased precipitation, flooding, sea level rise and extreme heat. Any 974 |
---|
1111 | 1173 | | such surface transportation, critical infrastructure, local land uses, 975 |
---|
1112 | 1174 | | actions, strategies and capital projects shall be identified in geospatial 976 |
---|
1113 | 1175 | | data, as applicable, in addition to being identified in such plan, and such 977 |
---|
1114 | 1176 | | data shall be made available to the Commissioner of Emergency 978 |
---|
1115 | 1177 | | Services and Public Protection and the Secretary of the Office of Policy 979 |
---|
1116 | 1178 | | and Management upon request. Such work may be conducted on a 980 |
---|
1117 | 1179 | | regional basis. 981 |
---|
1118 | 1180 | | (b) Within available resources and not less than once every ten years, 982 |
---|
1119 | 1181 | | the Marine Sciences Division of The University of Connecticut shall 983 |
---|
1120 | 1182 | | publish a sea level change scenario for the state based upon the sea level 984 |
---|
1121 | 1183 | | change scenarios published by the National Oceanic and Atmospheric 985 |
---|
1122 | 1184 | | Administration in Technical Report OAR CPO-1 and other available 986 |
---|
1123 | 1185 | | scientific data necessary to create a scenario applicable to the state 987 |
---|
1124 | 1186 | | coastline. Within available resources and not less than ninety days prior 988 |
---|
1125 | 1187 | | to publishing such sea level change scenario by said Marine Sciences 989 |
---|
1126 | 1188 | | Division, the division and the Department of Energy and Environmental 990 |
---|
1127 | 1189 | | Protection shall conduct not less than one public hearing concerning 991 |
---|
1128 | 1190 | | such update. Not later than sixty days after the last public hearing, the 992 |
---|
1129 | 1191 | | Commissioner of Energy and Environmental Protection shall publish 993 |
---|
1143 | 1207 | | construction, reconstruction or acquisition of any specific capital 1003 |
---|
1144 | 1208 | | improvement, including, but not limited to, planning, construction, 1004 |
---|
1145 | 1209 | | reconstruction or acquisition intended to increase the resiliency of a 1005 |
---|
1146 | 1210 | | capital improvement against the impacts of climate change, including, 1006 |
---|
1147 | 1211 | | but not limited to, increased precipitation, flooding, sea level rise and 1007 |
---|
1148 | 1212 | | extreme heat, or the acquisition of any specific item of equipment, (2) 1008 |
---|
1149 | 1213 | | costs associated with a property tax revaluation, and (3) costs associated 1009 |
---|
1150 | 1214 | | with the preparation, amendment or adoption of a plan of conservation 1010 |
---|
1151 | 1215 | | and development pursuant to section 8-23, as amended by this act. 1011 |
---|
1152 | 1216 | | Upon the approval of any such expenditure, an appropriation shall be 1012 |
---|
1153 | 1217 | | set up, plainly designated for the project, acquisition, revaluation or 1013 |
---|
1154 | 1218 | | plan of conservation and development for which it has been authorized, 1014 |
---|
1155 | 1219 | | and such unexpended appropriation may be continued until such 1015 |
---|
1156 | 1220 | | project, acquisition, revaluation or plan of conservation and 1016 |
---|
1157 | 1221 | | development is completed. Any unexpended portion of such 1017 |
---|
1158 | 1222 | | appropriation remaining after such completion shall revert to said 1018 |
---|
1159 | 1223 | | reserve fund. 1019 |
---|
1160 | 1224 | | Sec. 16. Subsection (a) of section 13a-175a of the general statutes is 1020 |
---|
1161 | 1225 | | repealed and the following is substituted in lieu thereof (Effective July 1, 1021 |
---|
1162 | 1226 | | 2024): 1022 |
---|
1163 | 1227 | | (a) For each fiscal year there shall be allocated twelve million five 1023 |
---|
1164 | 1228 | | hundred thousand dollars out of the funds appropriated to the 1024 |
---|
1165 | 1229 | | Department of Transportation, or from any other source, not otherwise 1025 |
---|
1167 | 1237 | | reconstruction, improvement [or] and maintenance of highways, 1027 |
---|
1168 | 1238 | | sections of highways, bridges [or] and structures incidental to highways 1028 |
---|
1169 | 1239 | | and bridges [or the improvement thereof,] including (A) construction, 1029 |
---|
1170 | 1240 | | reconstruction, improvements and maintenance intended to increase 1030 |
---|
1171 | 1241 | | resiliency against increased precipitation, flooding, sea level rise and 1031 |
---|
1172 | 1242 | | extreme heat, and (B) the plowing of snow, [the] sanding of icy 1032 |
---|
1173 | 1243 | | pavements, [the] trimming and removal of trees [, the] and installation, 1033 |
---|
1174 | 1244 | | replacement and maintenance of traffic signs, signals and markings; [, 1034 |
---|
1175 | 1245 | | for] (2) traffic control and vehicular safety programs, traffic and parking 1035 |
---|
1181 | 1247 | | to highways, traffic and parking; [, and for] and (3) the purposes of 1037 |
---|
1182 | 1248 | | providing and operating essential public transportation services and 1038 |
---|
1183 | 1249 | | related facilities. 1039 |
---|
1184 | 1250 | | Sec. 17. (NEW) (Effective July 1, 2024) Not later than October 1, 2026, 1040 |
---|
1185 | 1251 | | and annually thereafter, each municipality shall, in a form and manner 1041 |
---|
1186 | 1252 | | prescribed by the Office of Policy and Management in consultation with 1042 |
---|
1187 | 1253 | | the Departments of Transportation and Energy and Environmental 1043 |
---|
1188 | 1254 | | Protection, submit a report concerning each culvert and bridge within 1044 |
---|
1189 | 1255 | | the control and boundaries of such municipality, provided such work 1045 |
---|
1190 | 1256 | | may be conducted on a regional basis. Such report shall (1) include, but 1046 |
---|
1191 | 1257 | | need not be limited to, geospatial data pertaining to each culvert and 1047 |
---|
1192 | 1258 | | bridge, the locational coordinates of each culvert and bridge, the age and 1048 |
---|
1193 | 1259 | | dimensions of each culvert and bridge, and any additional information 1049 |
---|
1194 | 1260 | | deemed necessary by the Office of Policy and Management, in 1050 |
---|
1195 | 1261 | | consultation with the Departments of Transportation and Energy and 1051 |
---|
1196 | 1262 | | Environmental Protection, and (2) be submitted to the Office of Policy 1052 |
---|
1197 | 1263 | | and Management, the Departments of Transportation and Energy and 1053 |
---|
1198 | 1264 | | Environmental Protection, and the regional of council of governments 1054 |
---|
1199 | 1265 | | of which such municipality is a member, if applicable. 1055 |
---|
1200 | 1266 | | Sec. 18. Subsections (a) and (b) of section 8-35a of the general statutes 1056 |
---|
1201 | 1267 | | are repealed and the following is substituted in lieu thereof (Effective July 1057 |
---|
1202 | 1268 | | 1, 2024): 1058 |
---|
1204 | 1276 | | governments shall make a plan of conservation and development for its 1060 |
---|
1205 | 1277 | | area of operation, showing its recommendations for the general use of 1061 |
---|
1206 | 1278 | | the area including land use, housing, principal highways and freeways, 1062 |
---|
1207 | 1279 | | bridges, airports, parks, playgrounds, recreational areas, schools, public 1063 |
---|
1208 | 1280 | | institutions, public utilities, agriculture and such other matters as, in the 1064 |
---|
1209 | 1281 | | opinion of the council, will be beneficial to the area. Any regional plan 1065 |
---|
1210 | 1282 | | so developed shall be based on studies of physical, social, economic and 1066 |
---|
1211 | 1283 | | governmental conditions and trends and shall be designed to promote 1067 |
---|
1212 | 1284 | | with the greatest efficiency and economy the coordinated development 1068 |
---|
1218 | 1286 | | people. Such plan may encourage resilient and energy-efficient patterns 1070 |
---|
1219 | 1287 | | of development, land use strategies to reduce the impacts of climate 1071 |
---|
1220 | 1288 | | change, the use of solar and other renewable forms of energy, and 1072 |
---|
1221 | 1289 | | energy conservation. Such plan shall be designed to promote abatement 1073 |
---|
1222 | 1290 | | of the pollution of the waters and air of the region. Such plan shall 1074 |
---|
1223 | 1291 | | consider the need for technology infrastructure in the region. The 1075 |
---|
1224 | 1292 | | regional plan shall identify areas where it is feasible and prudent (1) to 1076 |
---|
1225 | 1293 | | have compact, transit accessible, pedestrian-oriented mixed use 1077 |
---|
1226 | 1294 | | development patterns and land reuse, and (2) to promote such 1078 |
---|
1227 | 1295 | | development patterns and land reuse and shall note any inconsistencies 1079 |
---|
1228 | 1296 | | with the following growth management principles: (A) Redevelopment 1080 |
---|
1229 | 1297 | | and revitalization of regional centers and areas of mixed land uses with 1081 |
---|
1230 | 1298 | | existing or planned physical infrastructure; (B) expansion of housing 1082 |
---|
1231 | 1299 | | opportunities and design choices to accommodate a variety of 1083 |
---|
1232 | 1300 | | household types and needs; (C) concentration of development around 1084 |
---|
1233 | 1301 | | transportation nodes and along major transportation corridors to 1085 |
---|
1234 | 1302 | | support the viability of transportation options and land reuse; (D) 1086 |
---|
1235 | 1303 | | conservation and restoration of the natural environment, cultural and 1087 |
---|
1236 | 1304 | | historical resources and traditional rural lands; (E) protection of 1088 |
---|
1237 | 1305 | | environmental assets or ecosystem services critical to public health and 1089 |
---|
1238 | 1306 | | safety; and (F) integration of planning across all levels of government to 1090 |
---|
1239 | 1307 | | address issues on a local, regional and state-wide basis. The plan of each 1091 |
---|
1240 | 1308 | | region contiguous to Long Island Sound shall be designed to reduce 1092 |
---|
1241 | 1309 | | hypoxia, pathogens, toxic contaminants and floatable debris in Long 1093 |
---|
1243 | 1317 | | demonstrate consistency with the regional long-range transportation 1095 |
---|
1244 | 1318 | | plan, and the regional summary of the hazard mitigation plan in the case 1096 |
---|
1245 | 1319 | | of a multi-jurisdiction hazard mitigation plan, and (ii) identify critical 1097 |
---|
1246 | 1320 | | facilities in the region and include geospatial data relative to such 1098 |
---|
1247 | 1321 | | facilities. Such geospatial information shall indicate location, address 1099 |
---|
1248 | 1322 | | and general function of the infrastructure. 1100 |
---|
1249 | 1323 | | (b) Before adopting the regional plan of conservation and 1101 |
---|
1250 | 1324 | | development or any part thereof or amendment thereto the regional 1102 |
---|
1256 | 1326 | | notice of the time, place and subject of which shall be given in writing 1104 |
---|
1257 | 1327 | | to the chief executive officer and planning commission, where one 1105 |
---|
1258 | 1328 | | exists, of each member town, city or borough. Notice of the time, place 1106 |
---|
1259 | 1329 | | and subject of such hearing shall be published once in a newspaper 1107 |
---|
1260 | 1330 | | having a substantial circulation in the region. Such notices shall be given 1108 |
---|
1261 | 1331 | | not more than twenty days or less than ten days before such hearing. At 1109 |
---|
1262 | 1332 | | least sixty-five days before the public hearing the regional council of 1110 |
---|
1263 | 1333 | | governments shall post the plan on the Internet web site of the council, 1111 |
---|
1264 | 1334 | | if any, and submit the plan to the Secretary of the Office of Policy and 1112 |
---|
1265 | 1335 | | Management for findings in the form of comments and 1113 |
---|
1266 | 1336 | | recommendations. By October 1, 2011, the secretary shall establish, by 1114 |
---|
1267 | 1337 | | regulations adopted in accordance with the provisions of chapter 54, 1115 |
---|
1268 | 1338 | | criteria for such findings which shall include procedures for a uniform 1116 |
---|
1269 | 1339 | | review of regional plans of conservation and development to determine 1117 |
---|
1270 | 1340 | | if a proposed regional plan of conservation and development is not 1118 |
---|
1271 | 1341 | | inconsistent with the state plan of conservation and development and 1119 |
---|
1272 | 1342 | | the state economic strategic plan. The regional council of governments 1120 |
---|
1273 | 1343 | | shall note on the record any inconsistency with the state plan of 1121 |
---|
1274 | 1344 | | conservation and development and the reasons for such inconsistency. 1122 |
---|
1275 | 1345 | | Adoption of the plan or part thereof or amendment thereto shall be 1123 |
---|
1276 | 1346 | | made by the affirmative vote of not less than a majority of the 1124 |
---|
1277 | 1347 | | representatives on the council. The plan shall be posted on the Internet 1125 |
---|
1278 | 1348 | | web site of the council, if any, and a copy of the plan or of any 1126 |
---|
1279 | 1349 | | amendments thereto, signed by the chairman of the council, shall be 1127 |
---|
1281 | 1357 | | clerks, as the case may be, and to planning commissions, if any, in 1129 |
---|
1282 | 1358 | | member towns, cities or boroughs, and to the Secretary of the Office of 1130 |
---|
1283 | 1359 | | Policy and Management, or his or her designee. The geospatial data 1131 |
---|
1284 | 1360 | | developed pursuant to subsection (a) of this section shall be made 1132 |
---|
1285 | 1361 | | available to the Commissioner of Emergency Services and Public 1133 |
---|
1286 | 1362 | | Protection or the Secretary of the Office of Policy and Management upon 1134 |
---|
1287 | 1363 | | request. The regional council of governments shall notify the Secretary 1135 |
---|
1288 | 1364 | | of the Office of Policy and Management of any inconsistency with the 1136 |
---|
1294 | 1366 | | Sec. 19. Section 29-251 of the general statutes is repealed and the 1138 |
---|
1295 | 1367 | | following is substituted in lieu thereof (Effective July 1, 2024): 1139 |
---|
1296 | 1368 | | There shall be within the Department of Administrative Services a 1140 |
---|
1297 | 1369 | | Codes and Standards Committee whose duty it shall be to work with 1141 |
---|
1298 | 1370 | | the State Building Inspector in the enforcement of this part and the State 1142 |
---|
1299 | 1371 | | Fire Marshal in the enforcement of part II of this chapter as set forth 1143 |
---|
1300 | 1372 | | herein. The committee shall be composed of twenty-one members, 1144 |
---|
1301 | 1373 | | residents of the state, appointed by the Commissioner of Administrative 1145 |
---|
1302 | 1374 | | Services as follows: (1) Two shall be architects licensed in the state of 1146 |
---|
1303 | 1375 | | Connecticut; (2) three shall be professional engineers licensed in the 1147 |
---|
1304 | 1376 | | state of Connecticut, two of whom shall practice either structural, 1148 |
---|
1305 | 1377 | | mechanical or electrical engineering but in no event shall both of such 1149 |
---|
1306 | 1378 | | members represent the same specialty, and one of whom shall be a 1150 |
---|
1307 | 1379 | | practicing fire protection engineer or mechanical engineer with 1151 |
---|
1308 | 1380 | | extensive experience in fire protection; (3) two shall be builders or 1152 |
---|
1309 | 1381 | | superintendents of construction, one of whom shall have expertise in 1153 |
---|
1310 | 1382 | | residential construction and one of whom shall have expertise in 1154 |
---|
1311 | 1383 | | nonresidential construction; (4) one shall be a public health official; (5) 1155 |
---|
1312 | 1384 | | two shall be building officials; (6) two shall be local fire marshals; (7) one 1156 |
---|
1313 | 1385 | | shall be a Connecticut member of a national building trades labor 1157 |
---|
1314 | 1386 | | organization; (8) one shall have expertise in matters relating to energy 1158 |
---|
1315 | 1387 | | efficiency; (9) four shall be public members, one of whom shall have 1159 |
---|
1316 | 1388 | | expertise in matters relating to accessibility and use of facilities by 1160 |
---|
1318 | 1396 | | to perform electrical work or a member of a state-wide electrical trades 1162 |
---|
1319 | 1397 | | labor organization; (11) one shall be a contractor licensed to perform 1163 |
---|
1320 | 1398 | | plumbing and piping work or a member of a state-wide plumbing 1164 |
---|
1321 | 1399 | | trades labor organization; and (12) one shall be a contractor licensed to 1165 |
---|
1322 | 1400 | | perform heating, piping and cooling work or a member of a state-wide 1166 |
---|
1323 | 1401 | | heating and cooling trades labor organization. Each member, other than 1167 |
---|
1324 | 1402 | | the public members described in subdivision (9) of this section, shall 1168 |
---|
1325 | 1403 | | have had not less than ten years' practical experience in such member's 1169 |
---|
1326 | 1404 | | profession or business. Not fewer than five members, who shall not be 1170 |
---|
1332 | 1406 | | received training, certification or experience in construction techniques 1172 |
---|
1333 | 1407 | | that increase the resilience of buildings and building elements against 1173 |
---|
1334 | 1408 | | the impacts of climate change. The committee shall adopt regulations in 1174 |
---|
1335 | 1409 | | accordance with the provisions of chapter 54 governing the procedure 1175 |
---|
1336 | 1410 | | of the committee. Members who fail to attend three consecutive 1176 |
---|
1337 | 1411 | | meetings or fifty per cent of all meetings during a calendar year shall be 1177 |
---|
1338 | 1412 | | deemed to have resigned. The committee may, within the limits of 1178 |
---|
1339 | 1413 | | appropriations provided therefor, employ such assistants as may be 1179 |
---|
1340 | 1414 | | necessary to conduct its business. 1180 |
---|
1341 | 1415 | | Sec. 20. Subsection (c) of section 29-251c of the general statutes is 1181 |
---|
1342 | 1416 | | repealed and the following is substituted in lieu thereof (Effective July 1, 1182 |
---|
1343 | 1417 | | 2024): 1183 |
---|
1344 | 1418 | | (c) The commissioner shall establish a program of education and 1184 |
---|
1345 | 1419 | | training in the mechanics and application of the State Building Code and 1185 |
---|
1346 | 1420 | | the Fire Safety Code conducted for any municipal or state code official, 1186 |
---|
1347 | 1421 | | or any candidate for such positions, and a continuing educational 1187 |
---|
1348 | 1422 | | program in the mechanics and application of the State Building Code 1188 |
---|
1349 | 1423 | | and the Fire Safety Code for any architect, engineer, landscape architect, 1189 |
---|
1350 | 1424 | | interior designer, builder, contractor or superintendent of construction 1190 |
---|
1351 | 1425 | | doing business in this state. Such programs shall include education and 1191 |
---|
1352 | 1426 | | training in construction techniques that maximize energy efficiency, 1192 |
---|
1353 | 1427 | | minimize greenhouse gas emissions and increase the resilience of 1193 |
---|
1355 | 1435 | | Sec. 21. Section 29-256a of the general statutes is repealed and the 1195 |
---|
1356 | 1436 | | following is substituted in lieu thereof (Effective July 1, 2024): 1196 |
---|
1357 | 1437 | | (a) (1) The State Building Inspector and the Codes and Standards 1197 |
---|
1358 | 1438 | | Committee shall revise the State Building Code to require that 1198 |
---|
1359 | 1439 | | commercial and residential buildings and building elements be 1199 |
---|
1360 | 1440 | | designed to provide optimum cost-effective energy efficiency over the 1200 |
---|
1361 | 1441 | | useful life of the building and to incorporate the 2012 International 1201 |
---|
1362 | 1442 | | Energy Conservation Code, not later than eighteen months after the 1202 |
---|
1368 | 1444 | | construed to impose any new requirement for any renovation or 1204 |
---|
1369 | 1445 | | construction of a state building that is subject to the requirements of 1205 |
---|
1370 | 1446 | | section 16a-38k, regardless of whether such building has been granted 1206 |
---|
1371 | 1447 | | an exemption under said section.] 1207 |
---|
1372 | 1448 | | (2) On and after July 1, 2025, the State Building Inspector and the 1208 |
---|
1373 | 1449 | | Codes and Standards Committee shall revise the State Building Code to 1209 |
---|
1374 | 1450 | | (A) require that the buildings and building elements described in 1210 |
---|
1375 | 1451 | | subdivision (1) of this subsection be designed to provide optimum 1211 |
---|
1376 | 1452 | | greenhouse gas emission reduction and resiliency against the impacts of 1212 |
---|
1377 | 1453 | | climate change over the useful life of the building, and (B) incorporate 1213 |
---|
1378 | 1454 | | the most recent International Energy Conservation Code, not later than 1214 |
---|
1379 | 1455 | | eighteen months after the publication of said code. 1215 |
---|
1380 | 1456 | | (3) The provisions of this section shall not be construed to impose any 1216 |
---|
1381 | 1457 | | new requirement for any renovation or construction of a state building 1217 |
---|
1382 | 1458 | | that is subject to the requirements of section 16a-38k, regardless of 1218 |
---|
1383 | 1459 | | whether such building has been granted an exemption under said 1219 |
---|
1384 | 1460 | | section. 1220 |
---|
1385 | 1461 | | (b) (1) Notwithstanding subsection (a) of this section, on and after 1221 |
---|
1386 | 1462 | | July 1, 2010, the State Building Inspector and the Codes and Standards 1222 |
---|
1387 | 1463 | | Committee, in consultation with the Commissioner of Administrative 1223 |
---|
1388 | 1464 | | Services, shall revise the State Building Code to include provisions 1224 |
---|
1389 | 1465 | | requiring certain buildings of or over a specified minimum size, that 1225 |
---|
1391 | 1473 | | nonresidential building, to meet or exceed optimum cost-effective 1227 |
---|
1392 | 1474 | | building construction standards concerning the thermal envelope or 1228 |
---|
1393 | 1475 | | mechanical systems, including, but not limited to, indoor air quality and 1229 |
---|
1394 | 1476 | | water conservation, and the lighting and electrical systems of the 1230 |
---|
1395 | 1477 | | building. [Such provisions] 1231 |
---|
1396 | 1478 | | (2) Notwithstanding subsection (a) of this section, on and after July 1, 1232 |
---|
1397 | 1479 | | 2025, the State Building Inspector and the Codes and Standards 1233 |
---|
1398 | 1480 | | Committee, in consultation with the Commissioner of Administrative 1234 |
---|
1404 | 1482 | | requiring that the buildings described in subdivision (1) of this 1236 |
---|
1405 | 1483 | | subsection meet or exceed optimum cost-effective building construction 1237 |
---|
1406 | 1484 | | standards concerning the resiliency of such buildings to flood and wind 1238 |
---|
1407 | 1485 | | hazards, the impacts of climate change and the most recent sea level 1239 |
---|
1408 | 1486 | | change scenario updated pursuant to section 25-68o, as amended by this 1240 |
---|
1409 | 1487 | | act. 1241 |
---|
1410 | 1488 | | (3) The provisions included pursuant to subdivisions (1) and (2) of 1242 |
---|
1411 | 1489 | | this subsection shall reference nationally accepted green building rating 1243 |
---|
1412 | 1490 | | systems, including, but not limited to, the Leadership in Energy and 1244 |
---|
1413 | 1491 | | Environmental Design rating system, the Green Globes USA design 1245 |
---|
1414 | 1492 | | program, as established by the Green Building Initiative, the National 1246 |
---|
1415 | 1493 | | Green Building Standard, as established by the National Association of 1247 |
---|
1416 | 1494 | | Home Builders, or an equivalent rating system approved by the State 1248 |
---|
1417 | 1495 | | Building Inspector and the Codes and Standards Committee. On and 1249 |
---|
1418 | 1496 | | after July 1, 2025, such provisions shall reference nationally accepted 1250 |
---|
1419 | 1497 | | resiliency standards, including, but not limited to, the Insurance 1251 |
---|
1420 | 1498 | | Institute of Business & Home Safety's Fortified Construction Standard 1252 |
---|
1421 | 1499 | | and any other applicable standards promulgated or endorsed by the 1253 |
---|
1422 | 1500 | | United States Department of Energy, the Federal Emergency 1254 |
---|
1423 | 1501 | | Management Agency or other relevant federal agencies. Such 1255 |
---|
1424 | 1502 | | [requirements] provisions shall include a method for demonstrating 1256 |
---|
1425 | 1503 | | compliance at the time of application for a certificate of occupancy, 1257 |
---|
1426 | 1504 | | including, but not limited to, private third-party certification or 1258 |
---|
1440 | 1520 | | consideration of the plan of conservation and development adopted 1268 |
---|
1441 | 1521 | | under section 8-23, as amended by this act; 1269 |
---|
1442 | 1522 | | (2) Be designed to (A) lessen congestion in the streets; (B) secure 1270 |
---|
1443 | 1523 | | safety from fire, panic, flood, sea level rise, extreme heat, climate change 1271 |
---|
1444 | 1524 | | and other dangers; (C) promote health and the general welfare; (D) 1272 |
---|
1445 | 1525 | | provide adequate light and air; (E) protect the state's historic, tribal, 1273 |
---|
1446 | 1526 | | cultural and environmental resources; (F) facilitate the adequate 1274 |
---|
1447 | 1527 | | provision for transportation, water, sewerage, schools, parks and other 1275 |
---|
1448 | 1528 | | public requirements; (G) consider the impact of permitted land uses on 1276 |
---|
1449 | 1529 | | contiguous municipalities and on the planning region, as defined in 1277 |
---|
1450 | 1530 | | section 4-124i, in which such municipality is located; (H) address 1278 |
---|
1451 | 1531 | | significant disparities in housing needs and access to educational, 1279 |
---|
1452 | 1532 | | occupational and other opportunities; (I) promote efficient review of 1280 |
---|
1453 | 1533 | | proposals and applications; and (J) affirmatively further the purposes of 1281 |
---|
1454 | 1534 | | the federal Fair Housing Act, 42 USC 3601 et seq., as amended from time 1282 |
---|
1455 | 1535 | | to time; 1283 |
---|
1456 | 1536 | | (3) Be drafted with reasonable consideration as to the physical site 1284 |
---|
1457 | 1537 | | characteristics of the district and its peculiar suitability for particular 1285 |
---|
1458 | 1538 | | uses and with a view to encouraging the most appropriate use of land 1286 |
---|
1459 | 1539 | | throughout a municipality; 1287 |
---|
1460 | 1540 | | (4) Provide for the development of housing opportunities, including 1288 |
---|
1461 | 1541 | | opportunities for multifamily dwellings, consistent with soil types, 1289 |
---|
1463 | 1549 | | and the planning region in which the municipality is located, as 1291 |
---|
1464 | 1550 | | designated by the Secretary of the Office of Policy and Management 1292 |
---|
1465 | 1551 | | under section 16a-4a; 1293 |
---|
1466 | 1552 | | (5) Promote housing choice and economic diversity in housing, 1294 |
---|
1467 | 1553 | | including housing for both low and moderate income households; 1295 |
---|
1468 | 1554 | | (6) Expressly allow the development of housing which will meet the 1296 |
---|
1469 | 1555 | | housing needs identified in the state's consolidated plan for housing and 1297 |
---|
1470 | 1556 | | community development prepared pursuant to section 8-37t and in the 1298 |
---|
1476 | 1558 | | conservation and development prepared pursuant to section 16a-26; 1300 |
---|
1477 | 1559 | | (7) Be made with reasonable consideration for the impact of such 1301 |
---|
1478 | 1560 | | regulations on agriculture, as defined in subsection (q) of section 1-1; 1302 |
---|
1479 | 1561 | | (8) Provide that proper provisions be made for soil erosion and 1303 |
---|
1480 | 1562 | | sediment control pursuant to section 22a-329; 1304 |
---|
1481 | 1563 | | (9) Be made with reasonable consideration for the protection of 1305 |
---|
1482 | 1564 | | existing and potential public surface and ground drinking water 1306 |
---|
1483 | 1565 | | supplies; [and] 1307 |
---|
1484 | 1566 | | (10) In any municipality that is contiguous to or on a navigable 1308 |
---|
1485 | 1567 | | waterway draining to Long Island Sound, (A) be made with reasonable 1309 |
---|
1486 | 1568 | | consideration for the restoration and protection of the ecosystem and 1310 |
---|
1487 | 1569 | | habitat of Long Island Sound; (B) be designed to reduce hypoxia, 1311 |
---|
1488 | 1570 | | pathogens, toxic contaminants and floatable debris on Long Island 1312 |
---|
1489 | 1571 | | Sound; and (C) provide that such municipality's zoning commission 1313 |
---|
1490 | 1572 | | consider the environmental impact on Long Island Sound coastal 1314 |
---|
1491 | 1573 | | resources, as defined in section 22a-93, of any proposal for development; 1315 |
---|
1492 | 1574 | | and 1316 |
---|
1493 | 1575 | | (11) Provide that proper provisions be made to mitigate and avoid 1317 |
---|
1494 | 1576 | | potential negative impacts to public health, public welfare and the 1318 |
---|
1495 | 1577 | | environment, due to sea level change, in consideration of the most 1319 |
---|
1509 | 1593 | | (3) Require or promote (A) energy-efficient patterns of development; 1329 |
---|
1510 | 1594 | | (B) the use of distributed generation or freestanding solar, wind and 1330 |
---|
1511 | 1595 | | other renewable forms of energy; (C) combined heat and power; [and] 1331 |
---|
1512 | 1596 | | (D) energy conservation; and (E) resilience, as defined in section 16-1332 |
---|
1513 | 1597 | | 243y; 1333 |
---|
1514 | 1598 | | (4) Provide for incentives for developers who use (A) solar and other 1334 |
---|
1515 | 1599 | | renewable forms of energy; (B) combined heat and power; (C) water 1335 |
---|
1516 | 1600 | | conservation, including demand offsets; [and] (D) energy conservation 1336 |
---|
1517 | 1601 | | techniques, including, but not limited to, cluster development, higher 1337 |
---|
1518 | 1602 | | density development and performance standards for roads, sidewalks 1338 |
---|
1519 | 1603 | | and underground facilities in the subdivision; and (E) flood-risk 1339 |
---|
1520 | 1604 | | reduction building methods; 1340 |
---|
1521 | 1605 | | (5) Provide for a municipal or regional system for the creation of 1341 |
---|
1522 | 1606 | | development rights and the permanent transfer of such development 1342 |
---|
1523 | 1607 | | rights, which may include a system for the variance of density limits in 1343 |
---|
1524 | 1608 | | connection with any such transfer; 1344 |
---|
1525 | 1609 | | (6) Provide for notice requirements in addition to those required by 1345 |
---|
1526 | 1610 | | this chapter; 1346 |
---|
1527 | 1611 | | (7) Provide for conditions on operations to collect spring water or 1347 |
---|
1528 | 1612 | | well water, as defined in section 21a-150, including the time, place and 1348 |
---|
1530 | 1620 | | (8) Provide for floating zones, overlay zones and planned 1350 |
---|
1531 | 1621 | | development districts; 1351 |
---|
1532 | 1622 | | (9) Require estimates of vehicle miles traveled and vehicle trips 1352 |
---|
1533 | 1623 | | generated in lieu of, or in addition to, level of service traffic calculations 1353 |
---|
1534 | 1624 | | to assess (A) the anticipated traffic impact of proposed developments; 1354 |
---|
1535 | 1625 | | and (B) potential mitigation strategies such as reducing the amount of 1355 |
---|
1536 | 1626 | | required parking for a development or requiring public sidewalks, 1356 |
---|
1537 | 1627 | | crosswalks, bicycle paths, bicycle racks or bus shelters, including off-1357 |
---|
1543 | 1629 | | (10) In any municipality where a traprock ridge or an amphibolite 1359 |
---|
1544 | 1630 | | ridge is located, (A) provide for development restrictions in ridgeline 1360 |
---|
1545 | 1631 | | setback areas; and (B) restrict quarrying and clear cutting, except that 1361 |
---|
1546 | 1632 | | the following operations and uses shall be permitted in ridgeline setback 1362 |
---|
1547 | 1633 | | areas, as of right: (i) Emergency work necessary to protect life and 1363 |
---|
1548 | 1634 | | property; (ii) any nonconforming uses that were in existence and that 1364 |
---|
1549 | 1635 | | were approved on or before the effective date of regulations adopted 1365 |
---|
1550 | 1636 | | pursuant to this section; and (iii) selective timbering, grazing of 1366 |
---|
1551 | 1637 | | domesticated animals and passive recreation; and 1367 |
---|
1552 | 1638 | | (11) Provide for sending and receiving sites in conjunction with any 1368 |
---|
1553 | 1639 | | transfer of development rights program established pursuant to section 1369 |
---|
1554 | 1640 | | 8-2e, as amended by this act. 1370 |
---|
1555 | 1641 | | Sec. 23. Section 8-2e of the general statutes is repealed and the 1371 |
---|
1556 | 1642 | | following is substituted in lieu thereof (Effective July 1, 2024): 1372 |
---|
1557 | 1643 | | (a) Any two or more municipalities which have adopted the 1373 |
---|
1558 | 1644 | | provisions of this chapter or chapter 125a or which are exercising zoning 1374 |
---|
1559 | 1645 | | power pursuant to any special act may, with the approval of the 1375 |
---|
1560 | 1646 | | legislative body of each municipality, execute an agreement providing 1376 |
---|
1561 | 1647 | | for a system of development rights and the transfer of development 1377 |
---|
1562 | 1648 | | rights across the boundaries of the municipalities which are parties to 1378 |
---|
1563 | 1649 | | the agreement. Such system shall be implemented in a manner 1379 |
---|
1565 | 1657 | | commission or other body which adopts zoning regulations of each 1381 |
---|
1566 | 1658 | | municipality. Such agreement may provide that such system be 1382 |
---|
1567 | 1659 | | administered by a regional council of governments or other agency. 1383 |
---|
1568 | 1660 | | (b) Any two or more municipalities that have executed an agreement 1384 |
---|
1569 | 1661 | | pursuant to subsection (a) of this section may, by interlocal agreement, 1385 |
---|
1570 | 1662 | | establish a transfer of development rights bank. Each such interlocal 1386 |
---|
1571 | 1663 | | agreement shall (1) identify the receiving site, (2) include the local 1387 |
---|
1572 | 1664 | | legislation governing development rights that has been adopted or is 1388 |
---|
1573 | 1665 | | intended to be adopted by the municipality or municipalities in which 1389 |
---|
1579 | 1667 | | of the transfer of development rights bank, and (4) describe the 1391 |
---|
1580 | 1668 | | conversion ratio to be used in the receiving site, which may express the 1392 |
---|
1581 | 1669 | | extent of additional development rights in any combination of units, 1393 |
---|
1582 | 1670 | | floor area, height or other applicable development standards that may 1394 |
---|
1583 | 1671 | | be modified by the municipality to provide incentives for the purchase 1395 |
---|
1584 | 1672 | | of development rights. 1396 |
---|
1585 | 1673 | | (c) Each receiving site identified pursuant to subsection (b) of this 1397 |
---|
1586 | 1674 | | section shall (1) be eligible for connection with a public water system, 1398 |
---|
1587 | 1675 | | (2) be located not more than one-half mile from public transportation 1399 |
---|
1588 | 1676 | | facilities, as defined in section 13b-79kk, (3) not be located within the 1400 |
---|
1589 | 1677 | | boundaries of core forest, as defined in section 16a-3k, (4) not be located 1401 |
---|
1590 | 1678 | | within the boundaries of any area impacted by the most recent sea level 1402 |
---|
1591 | 1679 | | change scenario updated pursuant to subsection (b) of section 25-68o, as 1403 |
---|
1592 | 1680 | | amended by this act, and (5) be located above the five-hundred-year 1404 |
---|
1593 | 1681 | | flood elevation. 1405 |
---|
1594 | 1682 | | (d) Eligible sending sites may include, but need not be limited to, (1) 1406 |
---|
1595 | 1683 | | core forest, as defined in section 13b-79kk, (2) land classified as farm 1407 |
---|
1596 | 1684 | | land in accordance with section 12-107c, (3) agricultural land, as defined 1408 |
---|
1597 | 1685 | | in section 22-3, (4) areas identified as containing habitat for endangered 1409 |
---|
1598 | 1686 | | or threatened species pursuant to (A) federal law, (B) section 26-306 or 1410 |
---|
1599 | 1687 | | 26-308, or (C) a written determination of the United States Fish and 1411 |
---|
1600 | 1688 | | Wildlife Service or a state and federally recognized tribe that such area 1412 |
---|
1602 | 1696 | | habitat, and (5) areas within the boundaries of any area impacted by the 1414 |
---|
1603 | 1697 | | most recent sea level change scenario updated pursuant to subsection 1415 |
---|
1604 | 1698 | | (b) of section 25-68o, as amended by this act, or a floodplain, as defined 1416 |
---|
1605 | 1699 | | in section 25-68i. 1417 |
---|
1606 | 1700 | | Sec. 24. (Effective July 1, 2024) (a) Not later than September 1, 2024, the 1418 |
---|
1607 | 1701 | | Insurance Commissioner shall, within available resources, convene a 1419 |
---|
1608 | 1702 | | working group to (1) study the needs of homeowners and small 1420 |
---|
1609 | 1703 | | business owners with respect to the fortification of their homes and 1421 |
---|
1610 | 1704 | | places of business against potential losses due to natural disasters, 1422 |
---|
1616 | 1706 | | the feasibility of establishing a program to assist homeowners and small 1424 |
---|
1617 | 1707 | | business owners in fortifying their homes and places of business against 1425 |
---|
1618 | 1708 | | such losses. Such recommendations shall include, but need not be 1426 |
---|
1619 | 1709 | | limited to, (A) the structure and oversight of such a program, (B) 1427 |
---|
1620 | 1710 | | potential incentives that may be offered to such homeowners and small 1428 |
---|
1621 | 1711 | | business owners for the fortification of such homes and places of 1429 |
---|
1622 | 1712 | | business, especially in vulnerable communities, as defined in section 16-1430 |
---|
1623 | 1713 | | 243y of the general statutes, and (C) the identification of funding sources 1431 |
---|
1624 | 1714 | | for such program. 1432 |
---|
1625 | 1715 | | (b) The working group shall consist of members appointed by the 1433 |
---|
1626 | 1716 | | commissioner, who may have expertise in construction, insurance, 1434 |
---|
1627 | 1717 | | natural disasters and hazards, emergency preparedness and climate 1435 |
---|
1628 | 1718 | | change. The commissioner shall appoint two cochairpersons from 1436 |
---|
1629 | 1719 | | among the members of the working group. The working group shall 1437 |
---|
1630 | 1720 | | hold not less than one public forum to allow the public to provide input 1438 |
---|
1631 | 1721 | | on the recommendations of the working group. 1439 |
---|
1632 | 1722 | | (c) Not later than January 1, 2025, the working group shall submit a 1440 |
---|
1633 | 1723 | | report of its findings and recommendations, in accordance with the 1441 |
---|
1634 | 1724 | | provisions of section 11-4a of the general statutes, to the Governor and 1442 |
---|
1635 | 1725 | | the joint standing committee of the General Assembly having 1443 |
---|
1636 | 1726 | | cognizance of matters relating to insurance. The working group shall 1444 |
---|
1637 | 1727 | | terminate upon submission of said report or January 1, 2025, whichever 1445 |
---|
1639 | 1735 | | Sec. 25. Section 16a-27 of the general statutes is repealed and the 1447 |
---|
1640 | 1736 | | following is substituted in lieu thereof (Effective July 1, 2024): 1448 |
---|
1641 | 1737 | | (a) The secretary, after consultation with all appropriate state, 1449 |
---|
1642 | 1738 | | regional and local agencies and other appropriate persons, shall, prior 1450 |
---|
1643 | 1739 | | to March 1, 2012, complete a revision of the existing plan and enlarge it 1451 |
---|
1644 | 1740 | | to include, but not be limited to, policies relating to transportation, 1452 |
---|
1645 | 1741 | | energy and air. Any revision made after July 1, 1995, shall take into 1453 |
---|
1646 | 1742 | | consideration the conservation and development of greenways that 1454 |
---|
1652 | 1744 | | agencies coordinate their efforts to support the development of a state-1456 |
---|
1653 | 1745 | | wide greenways system. The Commissioner of Energy and 1457 |
---|
1654 | 1746 | | Environmental Protection shall identify state-owned land for inclusion 1458 |
---|
1655 | 1747 | | in the plan as potential components of a state greenways system. 1459 |
---|
1656 | 1748 | | (b) Any revision made after August 20, 2003, shall take into account 1460 |
---|
1657 | 1749 | | (1) economic and community development needs and patterns of 1461 |
---|
1658 | 1750 | | commerce, and (2) linkages of affordable housing objectives and land 1462 |
---|
1659 | 1751 | | use objectives with transportation systems. 1463 |
---|
1660 | 1752 | | (c) Any revision made after March 1, 2006, shall (1) take into 1464 |
---|
1661 | 1753 | | consideration risks associated with natural hazards, including, but not 1465 |
---|
1662 | 1754 | | limited to, flooding, high winds and wildfires; (2) identify the potential 1466 |
---|
1663 | 1755 | | impacts of natural hazards on infrastructure and property; and (3) make 1467 |
---|
1664 | 1756 | | recommendations for the siting of future infrastructure and property 1468 |
---|
1665 | 1757 | | development to minimize the use of areas prone to natural hazards, 1469 |
---|
1666 | 1758 | | including, but not limited to, flooding, high winds and wildfires. 1470 |
---|
1667 | 1759 | | (d) Any revision made after July 1, 2005, shall describe the progress 1471 |
---|
1668 | 1760 | | towards achievement of the goals and objectives established in the 1472 |
---|
1669 | 1761 | | previously adopted state plan of conservation and development and 1473 |
---|
1670 | 1762 | | shall identify (1) areas where it is prudent and feasible (A) to have 1474 |
---|
1671 | 1763 | | compact, transit accessible, pedestrian-oriented [mixed-use] mixed use 1475 |
---|
1672 | 1764 | | development patterns and land reuse, and (B) to promote such 1476 |
---|
1673 | 1765 | | development patterns and land reuse, (2) priority funding areas 1477 |
---|
1688 | 1782 | | recommended (A) assign a priority; (B) estimate funding for 1488 |
---|
1689 | 1783 | | implementation and identify potential funding sources; (C) identify 1489 |
---|
1690 | 1784 | | each entity responsible for implementation; and (D) establish a schedule 1490 |
---|
1691 | 1785 | | for implementation; and (2) for each growth management principle, 1491 |
---|
1692 | 1786 | | determine three benchmarks to measure progress in implementation of 1492 |
---|
1693 | 1787 | | the principles, one of which shall be a financial benchmark. 1493 |
---|
1694 | 1788 | | (f) Any revision made after October 1, 2009, shall take into 1494 |
---|
1695 | 1789 | | consideration the protection and preservation of Connecticut Heritage 1495 |
---|
1696 | 1790 | | Areas. 1496 |
---|
1697 | 1791 | | (g) Any revision made after December 1, 2011, shall take into 1497 |
---|
1698 | 1792 | | consideration (1) the state water supply and resource policies 1498 |
---|
1699 | 1793 | | established in sections 22a-380 and 25-33c, and (2) the list prepared by 1499 |
---|
1700 | 1794 | | the Commissioner of Public Health pursuant to section 25-33q. 1500 |
---|
1701 | 1795 | | (h) (1) Any revision made after October 1, 2019, and until the 1501 |
---|
1702 | 1796 | | adoption of the state Conservation and Development Policies Plan, 1502 |
---|
1703 | 1797 | | 2025-2030, shall [(1)] (A) take into consideration risks associated with 1503 |
---|
1704 | 1798 | | increased coastal flooding and erosion, depending on site topography, 1504 |
---|
1705 | 1799 | | as anticipated in the most recent sea level change scenario updated 1505 |
---|
1706 | 1800 | | pursuant to subsection (b) of section 25-68o, as amended by this act, [(2)] 1506 |
---|
1707 | 1801 | | (B) identify the impacts of such increased flooding and erosion on 1507 |
---|
1708 | 1802 | | infrastructure and natural resources, [(3)] (C) make recommendations 1508 |
---|
1709 | 1803 | | for the siting of future infrastructure and property development to 1509 |
---|
1711 | 1811 | | (D) take into consideration the state's greenhouse gas reduction goals 1511 |
---|
1712 | 1812 | | established pursuant to section 22a-200a. 1512 |
---|
1713 | 1813 | | (2) Any revision made after the adoption of the state Conservation 1513 |
---|
1714 | 1814 | | and Development Policies Plan, 2025-2030 shall (A) take into 1514 |
---|
1715 | 1815 | | consideration risks associated with (i) changes to the rate and timing of 1515 |
---|
1716 | 1816 | | annual precipitation and increased average temperatures resulting in 1516 |
---|
1717 | 1817 | | extreme heat, and (ii) increased flooding and erosion, depending on site 1517 |
---|
1718 | 1818 | | topography, as anticipated in the most recent sea level change scenario 1518 |
---|
1724 | 1820 | | this act, and by other sources as deemed appropriate by the Secretary of 1520 |
---|
1725 | 1821 | | Policy and Management, (B) identify the impacts of such extreme heat, 1521 |
---|
1726 | 1822 | | drought and increased flooding and erosion on infrastructure and 1522 |
---|
1727 | 1823 | | natural resources, (C) make recommendations for the siting of future 1523 |
---|
1728 | 1824 | | infrastructure and property development to minimize the use of areas 1524 |
---|
1729 | 1825 | | prone to such flooding and erosion, (D) make recommendations for land 1525 |
---|
1730 | 1826 | | use strategies that minimize risks to public health, infrastructure and the 1526 |
---|
1731 | 1827 | | environment, and (E) take into consideration the state's greenhouse gas 1527 |
---|
1732 | 1828 | | reduction goals established pursuant to section 22a-200a. 1528 |
---|
1733 | 1829 | | (i) Any revision made after October 1, 2016, shall take into 1529 |
---|
1734 | 1830 | | consideration the need for technology infrastructure in the 1530 |
---|
1735 | 1831 | | municipality. 1531 |
---|
1736 | 1832 | | (j) Thereafter on or before March first in each revision year the 1532 |
---|
1737 | 1833 | | secretary shall complete a revision of the plan of conservation and 1533 |
---|
1738 | 1834 | | development, provided no revision year may be later than four years 1534 |
---|
1739 | 1835 | | subsequent to the year in which the plan was last adopted in accordance 1535 |
---|
1740 | 1836 | | with the process established in this chapter. 1536 |
---|
1741 | 1837 | | Sec. 26. Section 28-5 of the general statutes is amended by adding 1537 |
---|
1742 | 1838 | | subsection (h) as follows (Effective July 1, 2024): 1538 |
---|
1743 | 1839 | | (NEW) (h) On and after October 1, 2028, the state civil preparedness 1539 |
---|
1744 | 1840 | | plan and program established pursuant to subsection (b) of this section 1540 |
---|
1759 | 1857 | | land or permanent interests in land for open space and watershed 1551 |
---|
1760 | 1858 | | protection and to water companies, as defined in section 25-32a, to 1552 |
---|
1761 | 1859 | | acquire and protect land which is eligible to be classified as class I or 1553 |
---|
1762 | 1860 | | class II land, as defined in section 25-37c, after acquisition. All lands or 1554 |
---|
1763 | 1861 | | interests in land acquired under this program shall be preserved in 1555 |
---|
1764 | 1862 | | perpetuity predominantly in their natural scenic and open condition for 1556 |
---|
1765 | 1863 | | the protection of natural resources while allowing for recreation 1557 |
---|
1766 | 1864 | | consistent with such protection and, for lands acquired by water 1558 |
---|
1767 | 1865 | | companies, allowing for the improvements necessary for the protection 1559 |
---|
1768 | 1866 | | or provision of potable water. 1560 |
---|
1769 | 1867 | | (b) Grants may be made under the protected open space and 1561 |
---|
1770 | 1868 | | watershed land acquisition grant program established under subsection 1562 |
---|
1771 | 1869 | | (a) of this section or under the Charter Oak open space grant program 1563 |
---|
1772 | 1870 | | established under section 7-131t to match funds for the purchase of land 1564 |
---|
1773 | 1871 | | or permanent interests in land which purchase meets one of the 1565 |
---|
1774 | 1872 | | following criteria: (1) Protects land identified as being especially 1566 |
---|
1775 | 1873 | | valuable for recreation, forestry, fishing, conservation of wildlife or 1567 |
---|
1776 | 1874 | | natural resources; (2) protects land which includes or contributes to a 1568 |
---|
1777 | 1875 | | prime natural feature of the state's landscape, including, but not limited 1569 |
---|
1778 | 1876 | | to, a shoreline, a river, its tributaries and watershed, an aquifer, 1570 |
---|
1779 | 1877 | | mountainous territory, ridgelines, an inland or coastal wetland, a 1571 |
---|
1780 | 1878 | | significant littoral or estuarine or aquatic site or other important 1572 |
---|
1781 | 1879 | | geological feature; (3) protects habitat for native plant or animal species 1573 |
---|
1783 | 1887 | | section 26-304; (4) protects a relatively undisturbed outstanding 1575 |
---|
1784 | 1888 | | example of a native ecological community which is now uncommon; (5) 1576 |
---|
1785 | 1889 | | enhances and conserves water quality of the state's lakes, rivers and 1577 |
---|
1786 | 1890 | | coastal water; (6) preserves local agricultural heritage; or (7) in the case 1578 |
---|
1787 | 1891 | | of grants to water companies, protects land which is eligible to be 1579 |
---|
1788 | 1892 | | classified as class I land or class II land after acquisition. [The 1580 |
---|
1789 | 1893 | | commissioner may make a grant under the protected open space and 1581 |
---|
1790 | 1894 | | watershed land acquisition grant program to a distressed municipality 1582 |
---|
1791 | 1895 | | or a targeted investment community, as defined in section 32-9p, for 1583 |
---|
1797 | 1897 | | already owned by the municipality, including, but not limited to, 1585 |
---|
1798 | 1898 | | wetland or wildlife or plant habitat restoration or restoration of other 1586 |
---|
1799 | 1899 | | sites to a more natural condition, or replacement of vegetation, provided 1587 |
---|
1800 | 1900 | | the total amount of grants to such municipalities for such purposes may 1588 |
---|
1801 | 1901 | | not exceed twenty per cent of the total amount of grants made in any 1589 |
---|
1802 | 1902 | | fiscal year.] 1590 |
---|
1803 | 1903 | | (c) Grants may be made under the protected open space and 1591 |
---|
1804 | 1904 | | watershed land acquisition grant program established under subsection 1592 |
---|
1805 | 1905 | | (a) of this section for restoration or protection of natural features or 1593 |
---|
1806 | 1906 | | habitats on open space already owned by a (1) distressed municipality, 1594 |
---|
1807 | 1907 | | as defined in section 32-9p, (2) targeted investment community, as 1595 |
---|
1808 | 1908 | | defined in section 32-222, (3) municipality, provided such open space is 1596 |
---|
1809 | 1909 | | located in an environmental justice community, as defined in section 1597 |
---|
1810 | 1910 | | 22a-20a, or (4) nonprofit land conservation organization, provided such 1598 |
---|
1811 | 1911 | | open space is located in a distressed municipality, targeted investment 1599 |
---|
1812 | 1912 | | community or environmental justice community. Such restoration or 1600 |
---|
1813 | 1913 | | protection may include, but need not be limited to, wetland, wildlife or 1601 |
---|
1814 | 1914 | | plant habitat restoration or restoration of other sites to a more natural 1602 |
---|
1815 | 1915 | | condition or replacement of vegetation. The total amount of grants 1603 |
---|
1816 | 1916 | | made pursuant to this subsection shall not exceed twenty per cent of the 1604 |
---|
1817 | 1917 | | total amount of grants made pursuant to the open space and watershed 1605 |
---|
1818 | 1918 | | land acquisition grant program in any fiscal year. 1606 |
---|
1820 | 1926 | | subsection, no grant may be made under the protected open space and 1608 |
---|
1821 | 1927 | | watershed land acquisition grant program established under subsection 1609 |
---|
1822 | 1928 | | (a) of this section or under the Charter Oak open space grant program 1610 |
---|
1823 | 1929 | | established under section 7-131t for: [(1)] (A) Land to be used for 1611 |
---|
1824 | 1930 | | commercial purposes or for recreational purposes requiring intensive 1612 |
---|
1825 | 1931 | | development, including, but not limited to, golf courses, driving ranges, 1613 |
---|
1826 | 1932 | | tennis courts, ballfields, swimming pools and uses by motorized 1614 |
---|
1827 | 1933 | | vehicles other than vehicles needed by water companies to carry out 1615 |
---|
1828 | 1934 | | their purposes, provided trails or pathways for pedestrians, motorized 1616 |
---|
1829 | 1935 | | wheelchairs or nonmotorized vehicles shall not be considered intensive 1617 |
---|
1835 | 1937 | | significant portion of the property provided grants for land requiring 1619 |
---|
1836 | 1938 | | remediation of environmental contamination may be made if 1620 |
---|
1837 | 1939 | | remediation will be completed before acquisition of the land or any 1621 |
---|
1838 | 1940 | | interest in the land and an environmental assessment approved by the 1622 |
---|
1839 | 1941 | | Commissioner of Energy and Environmental Protection has been 1623 |
---|
1840 | 1942 | | completed and no environmental use restriction applies to the land; [(3)] 1624 |
---|
1841 | 1943 | | (C) land which has already been committed for public use, except as 1625 |
---|
1842 | 1944 | | provided in subsection (c) of section 7-131g; [(4)] (D) development costs, 1626 |
---|
1843 | 1945 | | including, but not limited to, construction of ballfields, tennis courts, 1627 |
---|
1844 | 1946 | | parking lots or roadways; [(5)] (E) land to be acquired by eminent 1628 |
---|
1845 | 1947 | | domain; or [(6)] (F) reimbursement of in-kind services or incidental 1629 |
---|
1846 | 1948 | | expenses associated with the acquisition of land. This subsection shall 1630 |
---|
1847 | 1949 | | not prohibit the continuation of agricultural activity, the activities of a 1631 |
---|
1848 | 1950 | | water company for public water supply purposes or the selling of timber 1632 |
---|
1849 | 1951 | | incidental to management of the land which management is in 1633 |
---|
1850 | 1952 | | accordance with approved forest management practices provided any 1634 |
---|
1851 | 1953 | | proceeds of such timber sales shall be used for management of the land. 1635 |
---|
1852 | 1954 | | In the case of land acquired under this section which is designated as a 1636 |
---|
1853 | 1955 | | state park, any fees charged by the state for use of such land shall be 1637 |
---|
1854 | 1956 | | used by the state in accordance with the provisions of title 23. 1638 |
---|
1855 | 1957 | | (2) Grants in a total amount not exceeding five per cent of the total 1639 |
---|
1856 | 1958 | | amount of grants made pursuant to the open space and watershed land 1640 |
---|
1858 | 1966 | | municipalities, as defined in section 32-9p, targeted investment 1642 |
---|
1859 | 1967 | | communities, as defined in section 32-222, nonprofit land conservation 1643 |
---|
1860 | 1968 | | organizations and municipalities, for the purpose of reimbursement for 1644 |
---|
1861 | 1969 | | in-kind services or incidental expenses associated with the acquisition 1645 |
---|
1862 | 1970 | | of land, including, but not limited to, survey fees, appraisal costs and 1646 |
---|
1863 | 1971 | | legal fees, provided such land is located in a distressed municipality, 1647 |
---|
1864 | 1972 | | targeted investment community or environmental justice community, 1648 |
---|
1865 | 1973 | | as defined in section 22a-20a. 1649 |
---|
1866 | 1974 | | [(d)] (e) Any municipality or group of contiguous municipalities may 1650 |
---|
1867 | 1975 | | apply to the Commissioner of Energy and Environmental Protection for 1651 |
---|
1873 | 1977 | | conservation or recreation purposes the use of open space land. Such 1653 |
---|
1874 | 1978 | | grant shall be used for the acquisition of land, or easements, interests or 1654 |
---|
1875 | 1979 | | rights therein, or for the development of such land, or easements, 1655 |
---|
1876 | 1980 | | interests or rights therein, for purposes set forth in this section, or both, 1656 |
---|
1877 | 1981 | | in accordance with a plan of development adopted by the municipal 1657 |
---|
1878 | 1982 | | planning commission of the municipality within which the land is 1658 |
---|
1879 | 1983 | | located. Any application for a grant-in-aid relating to land located 1659 |
---|
1880 | 1984 | | beyond the territorial limits of the applying municipality shall be subject 1660 |
---|
1881 | 1985 | | to approval of the legislative body of the municipality within whose 1661 |
---|
1882 | 1986 | | territorial limits the land is located. A municipality applying for aid 1662 |
---|
1883 | 1987 | | under this section, may designate its conservation commission as its 1663 |
---|
1884 | 1988 | | agent to make such application. 1664 |
---|
1885 | 1989 | | [(e)] (f) At closing, a permanent conservation easement, as defined in 1665 |
---|
1886 | 1990 | | section 47-42, shall be executed for any property purchased with grant 1666 |
---|
1887 | 1991 | | funds, which conservation easement shall provide that the property 1667 |
---|
1888 | 1992 | | shall remain forever predominantly in its natural and open condition 1668 |
---|
1889 | 1993 | | for the specific conservation, open space or water supply purposes for 1669 |
---|
1890 | 1994 | | which it was acquired provided any improvements or changes to the 1670 |
---|
1891 | 1995 | | property shall be supportive of such condition or purposes. The 1671 |
---|
1892 | 1996 | | permanent conservation easement shall be in favor of the state acting 1672 |
---|
1893 | 1997 | | through the Commissioner of Energy and Environmental Protection, or 1673 |
---|
1895 | 2005 | | organization. In the case of land acquired for water supply protection, a 1675 |
---|
1896 | 2006 | | water company may hold an easement in conjunction with the state or 1676 |
---|
1897 | 2007 | | a nonprofit entity to protect the water supply. Such permanent 1677 |
---|
1898 | 2008 | | conservation easement shall also include a requirement that the 1678 |
---|
1899 | 2009 | | property be made available to the general public for appropriate 1679 |
---|
1900 | 2010 | | recreational purposes, the maintenance of which recreational access 1680 |
---|
1901 | 2011 | | shall be the responsibility of the grantee provided such access shall not 1681 |
---|
1902 | 2012 | | be required for land which will be classified as class I or class II land by 1682 |
---|
1903 | 2013 | | a water company if such access is inconsistent with the provision of pure 1683 |
---|
1904 | 2014 | | drinking water to the public. An exception to the provision of public 1684 |
---|
1905 | 2015 | | recreational access may be made at the discretion of the Commissioner 1685 |
---|
1911 | 2017 | | access would be unreasonably detrimental to the wildlife or plant 1687 |
---|
1912 | 2018 | | habitat or other natural features of the property or, for land where 1688 |
---|
1913 | 2019 | | development rights have been purchased, would be disruptive of 1689 |
---|
1914 | 2020 | | agricultural activity occurring on the land. Any instrument conveying 1690 |
---|
1915 | 2021 | | an interest in land less than fee which interest is purchased under this 1691 |
---|
1916 | 2022 | | section shall provide for the permanent preservation of the land and 1692 |
---|
1917 | 2023 | | public access consistent with the land's use or protection and with any 1693 |
---|
1918 | 2024 | | restrictions prescribed by the Department of Public Health in order to 1694 |
---|
1919 | 2025 | | protect a public drinking water source. 1695 |
---|
1920 | 2026 | | Sec. 28. Subsections (b) and (c) of section 7-131e of the general statutes 1696 |
---|
1921 | 2027 | | are repealed and the following is substituted in lieu thereof (Effective July 1697 |
---|
1922 | 2028 | | 1, 2024): 1698 |
---|
1923 | 2029 | | (b) There is established a Natural Heritage, Open Space and 1699 |
---|
1924 | 2030 | | Watershed Land Acquisition Review Board to assist and advise the 1700 |
---|
1925 | 2031 | | commissioner in carrying out the provisions of sections 7-131d to 7-1701 |
---|
1926 | 2032 | | 131g, inclusive, as amended by this act, and sections 23-73 to 23-79, 1702 |
---|
1927 | 2033 | | inclusive. Upon establishment of the review board and selection of a 1703 |
---|
1928 | 2034 | | chairman under this section, the review board (1) shall provide 1704 |
---|
1929 | 2035 | | comments on selection criteria, policies and procedures; (2) shall 1705 |
---|
1930 | 2036 | | promote public participation; (3) shall provide guidance and conduct 1706 |
---|
1932 | 2044 | | section 23-8; (4) shall review and evaluate grant award policies and 1708 |
---|
1933 | 2045 | | procedures; and (5) may provide comments on any application for 1709 |
---|
1934 | 2046 | | funds not later than forty-five days after such application is submitted 1710 |
---|
1935 | 2047 | | to the chairman. Upon establishment of the board, the commissioner 1711 |
---|
1936 | 2048 | | shall take such comments into consideration in making any decisions 1712 |
---|
1937 | 2049 | | regarding such grants. 1713 |
---|
1938 | 2050 | | (c) The review board shall consist of [twenty-one] twenty-three 1714 |
---|
1939 | 2051 | | members as follows: (1) The chairpersons and ranking members of the 1715 |
---|
1940 | 2052 | | bonding subcommittee of the joint standing committee of the General 1716 |
---|
1941 | 2053 | | Assembly having cognizance of matters relating to finance, revenue and 1717 |
---|
1942 | 2054 | | bonding; (2) one member of the joint standing committee of the General 1718 |
---|
1948 | 2056 | | appointed by the speaker of the House of Representatives, and one 1720 |
---|
1949 | 2057 | | member of the joint standing committee of the General Assembly 1721 |
---|
1950 | 2058 | | having cognizance of matters relating to planning and development, 1722 |
---|
1951 | 2059 | | appointed by the president pro tempore of the Senate, each of whom 1723 |
---|
1952 | 2060 | | shall be ex-officio members of the board; (3) the Secretary of the Office 1724 |
---|
1953 | 2061 | | of Policy and Management, or his designee; (4) a representative of the 1725 |
---|
1954 | 2062 | | business community and a person experienced in issues relating to 1726 |
---|
1955 | 2063 | | access to public facilities by persons with disabilities, appointed by the 1727 |
---|
1956 | 2064 | | Governor; (5) one representative from an investor-owned water utility, 1728 |
---|
1957 | 2065 | | appointed by the minority leader of the Senate; (6) one representative 1729 |
---|
1958 | 2066 | | from a municipal water utility, appointed by the minority leader of the 1730 |
---|
1959 | 2067 | | House of Representatives; (7) one representative from a regional water 1731 |
---|
1960 | 2068 | | utility, appointed by the minority leader of the Senate; (8) one 1732 |
---|
1961 | 2069 | | representative who is a realtor or attorney with a minimum of five 1733 |
---|
1962 | 2070 | | [years] years' experience in real estate transfers, appointed by the 1734 |
---|
1963 | 2071 | | speaker of the House of Representatives; one representative with a 1735 |
---|
1964 | 2072 | | minimum of five [years] years' experience in the construction industry 1736 |
---|
1965 | 2073 | | or land development, appointed by the president pro tempore of the 1737 |
---|
1966 | 2074 | | Senate; (9) two representatives of interest groups primarily concerned 1738 |
---|
1967 | 2075 | | with the conservation of river watershed regions, appointed one each 1739 |
---|
1968 | 2076 | | by the majority leaders of the House of Representatives and the Senate; 1740 |
---|
1970 | 2084 | | concerned with environmental protection or natural resource 1742 |
---|
1971 | 2085 | | conservation with a minimum of five [years] years' experience in land 1743 |
---|
1972 | 2086 | | conservation and acquisition, appointed one each by the Governor, the 1744 |
---|
1973 | 2087 | | speaker of the House of Representatives and the president pro tempore 1745 |
---|
1974 | 2088 | | of the Senate; [and] (11) one chief elected official of a town with a 1746 |
---|
1975 | 2089 | | population less than twenty thousand and one chief elected official of a 1747 |
---|
1976 | 2090 | | town with a population greater than twenty thousand, appointed by the 1748 |
---|
1977 | 2091 | | Governor; (12) one member who is a representative of a community of 1749 |
---|
1978 | 2092 | | color, low-income community or community-based organization, or 1750 |
---|
1979 | 2093 | | professor from a college or university in the state with expertise in 1751 |
---|
1980 | 2094 | | environmental justice, appointed by the Commissioner of Energy and 1752 |
---|
1981 | 2095 | | Environmental Protection; and (13) one member who resides in a United 1753 |
---|
1987 | 2097 | | recent United States decennial census, for which thirty per cent or more 1755 |
---|
1988 | 2098 | | of the population consists of low-income persons who are not 1756 |
---|
1989 | 2099 | | institutionalized and have an income below two hundred per cent of the 1757 |
---|
1990 | 2100 | | federal poverty level, appointed by the Commissioner of Energy and 1758 |
---|
1991 | 2101 | | Environmental Protection. The members, other than the members 1759 |
---|
1992 | 2102 | | described in subdivisions (1), (2) and (3) of this subsection, shall serve 1760 |
---|
1993 | 2103 | | terms of three years provided the terms of the members described in 1761 |
---|
1994 | 2104 | | subdivisions (4) to (8), inclusive, of this subsection who are appointed 1762 |
---|
1995 | 2105 | | in the year after July 1, 1998, shall expire on October 1, 1999, and further 1763 |
---|
1996 | 2106 | | provided the terms of the members described in subdivisions (9) to (11), 1764 |
---|
1997 | 2107 | | inclusive, of this subsection shall expire on October 1, 2000. The board 1765 |
---|
1998 | 2108 | | shall elect a chairman from among its members and shall make such 1766 |
---|
1999 | 2109 | | election on or before October 1, 1998. Members of the board shall serve 1767 |
---|
2000 | 2110 | | until reappointed or replaced. 1768 |
---|
2001 | 2111 | | Sec. 29. Subsection (a) of section 7-131g of the 2024 supplement to the 1769 |
---|
2002 | 2112 | | general statutes is repealed and the following is substituted in lieu 1770 |
---|
2003 | 2113 | | thereof (Effective July 1, 2024): 1771 |
---|
2004 | 2114 | | (a) The Commissioner of Energy and Environmental Protection may 1772 |
---|
2005 | 2115 | | make grants under the open space and watershed land acquisition 1773 |
---|
2007 | 2123 | | under subdivisions (1) to (6), inclusive, of subsection (b) of section 7-1775 |
---|
2008 | 2124 | | 131d, as amended by this act, in an amount not to exceed sixty-five per 1776 |
---|
2009 | 2125 | | cent of the fair market value of a parcel of land or interest in land 1777 |
---|
2010 | 2126 | | proposed to be acquired; (2) municipalities for acquisition of land for 1778 |
---|
2011 | 2127 | | class I and class II water supply protection under subdivision (5) of 1779 |
---|
2012 | 2128 | | subsection (b) of said section 7-131d, in an amount not to exceed sixty-1780 |
---|
2013 | 2129 | | five per cent of such value; (3) nonprofit land conservation 1781 |
---|
2014 | 2130 | | organizations for acquisition of land for open space or watershed 1782 |
---|
2015 | 2131 | | protection under subdivisions (1) to (6), inclusive, of subsection (b) of 1783 |
---|
2016 | 2132 | | said section 7-131d, in an amount not to exceed sixty-five per cent of 1784 |
---|
2017 | 2133 | | such value; (4) water companies for acquisition of land under 1785 |
---|
2018 | 2134 | | subdivision (7) of subsection (b) of said section 7-131d, in an amount not 1786 |
---|
2019 | 2135 | | to exceed sixty-five per cent of such value provided if such a company 1787 |
---|
2025 | 2137 | | land for recreational uses, such company shall seek approval of the 1789 |
---|
2026 | 2138 | | Commissioner of Public Health for such access; and (5) distressed 1790 |
---|
2027 | 2139 | | municipalities, as defined in section 32-9p or targeted investment 1791 |
---|
2028 | 2140 | | communities, as defined in section [32-9p] 32-222, municipalities 1792 |
---|
2029 | 2141 | | containing one or more environmental justice communities, as defined 1793 |
---|
2030 | 2142 | | in section 22a-20a, or, with the approval of the chief elected official or 1794 |
---|
2031 | 2143 | | governing legislative body of such a municipality or community, to a 1795 |
---|
2032 | 2144 | | nonprofit land conservation organization or water company, for 1796 |
---|
2033 | 2145 | | acquisition of land within that municipality or community, for open 1797 |
---|
2034 | 2146 | | space under subdivisions (1) to (6), inclusive, of subsection (b) of said 1798 |
---|
2035 | 2147 | | section 7-131d, in an amount not to exceed seventy-five per cent of such 1799 |
---|
2036 | 2148 | | value or for performance of work in the restoration, enhancement or 1800 |
---|
2037 | 2149 | | protection of resources in an amount not to exceed fifty per cent of the 1801 |
---|
2038 | 2150 | | cost of such work. Applicants for grants under the program shall 1802 |
---|
2039 | 2151 | | provide a copy of the application to the chairperson of the review board 1803 |
---|
2040 | 2152 | | established under section 7-131e, as amended by this act. The board 1804 |
---|
2041 | 2153 | | shall provide comments to the commissioner on pending applications 1805 |
---|
2042 | 2154 | | as it deems necessary. 1806 |
---|
2043 | 2155 | | Sec. 30. Subsection (a) of section 7-131e of the general statutes is 1807 |
---|
2045 | 2163 | | 2024): 1809 |
---|
2046 | 2164 | | (a) Grant award decisions under the protected open space and 1810 |
---|
2047 | 2165 | | watershed land acquisition grant program established under section 7-1811 |
---|
2048 | 2166 | | 131d, as amended by this act, or under the Charter Oak open space grant 1812 |
---|
2049 | 2167 | | program established under section 7-131t shall be made by the 1813 |
---|
2050 | 2168 | | Commissioner of Energy and Environmental Protection at least 1814 |
---|
2051 | 2169 | | semiannually. All complete and eligible grant applications shall be acted 1815 |
---|
2052 | 2170 | | upon by the commissioner as soon as practicable. A single project may 1816 |
---|
2053 | 2171 | | receive a grant in more than one grant cycle, subject to future availability 1817 |
---|
2054 | 2172 | | of funds and subject to the limitations set forth in this section and 1818 |
---|
2055 | 2173 | | sections 23-78, 12-498 and 7-131d, as amended by this act. Up to five per 1819 |
---|
2056 | 2174 | | cent of the grant funds may be used for administrative expenses 1820 |
---|
2057 | 2175 | | including, but not limited to: (1) Contractors to assist the Department of 1821 |
---|
2063 | 2177 | | grant proposals and baseline data collection for conservation easements; 1823 |
---|
2064 | 2178 | | (2) appraisals or appraisal reviews; and (3) preparation of legal and 1824 |
---|
2065 | 2179 | | other documents. Administrative expenses may not be used for staff 1825 |
---|
2066 | 2180 | | salaries. Not later than September 1, 1998, for the protected open space 1826 |
---|
2067 | 2181 | | and watershed land acquisition grant program established under 1827 |
---|
2068 | 2182 | | section 7-131d, as amended by this act, and not later than September 1, 1828 |
---|
2069 | 2183 | | 2000, for the Charter Oak open space grant program account established 1829 |
---|
2070 | 2184 | | under section 7-131t, the commissioner shall develop written guidelines 1830 |
---|
2071 | 2185 | | and a ranking system for consistency and equity in the distribution of 1831 |
---|
2072 | 2186 | | grant awards under the protected open space and watershed land 1832 |
---|
2073 | 2187 | | acquisition grant program established under section 7-131d, as 1833 |
---|
2074 | 2188 | | amended by this act, or under the Charter Oak open space grant 1834 |
---|
2075 | 2189 | | program account established under section 7-131t based on the criteria 1835 |
---|
2076 | 2190 | | listed in subsections (b), [and] (c) and (d) of section 7-131d, as amended 1836 |
---|
2077 | 2191 | | by this act. Consistent with such criteria, additional consideration shall 1837 |
---|
2078 | 2192 | | be given to: (A) Protection of lands adjacent to and complementary to 1838 |
---|
2079 | 2193 | | adjacent protected open space land or class I or class II water company 1839 |
---|
2080 | 2194 | | lands; (B) equitable geographic distribution of the grants; (C) proximity 1840 |
---|
2081 | 2195 | | of a property to urban areas with growth and development pressures or 1841 |
---|
2083 | 2203 | | protection of land particularly vulnerable to development incompatible 1843 |
---|
2084 | 2204 | | with its natural resource values including the protection of a public 1844 |
---|
2085 | 2205 | | water supply source; (E) consistency with the state plan of conservation 1845 |
---|
2086 | 2206 | | and development; (F) multiple protection elements, such as water 1846 |
---|
2087 | 2207 | | quality and supply protection, scenic preservation and farmland 1847 |
---|
2088 | 2208 | | preservation; (G) the extent to which the presence of already constructed 1848 |
---|
2089 | 2209 | | buildings or other man-made improvements diminish or overshadow 1849 |
---|
2090 | 2210 | | the natural resource value of a proposed acquisition, or its value relative 1850 |
---|
2091 | 2211 | | to its cost; and (H) preservation of forest lands and bodies of water 1851 |
---|
2092 | 2212 | | which naturally absorb significant amounts of carbon dioxide. 1852 |
---|
2093 | 2213 | | Sec. 31. Subsection (a) of section 23-8b of the general statutes is 1853 |
---|
2094 | 2214 | | repealed and the following is substituted in lieu thereof (Effective July 1, 1854 |
---|
2095 | 2215 | | 2024): 1855 |
---|
2101 | 2217 | | Commissioner of Energy and Environmental Protection with BHC 1857 |
---|
2102 | 2218 | | Company, Aquarion or Kelda Group, jointly or individually, and The 1858 |
---|
2103 | 2219 | | Nature Conservancy, for purchase of land or interests in land from said 1859 |
---|
2104 | 2220 | | companies shall be on such terms and conditions as are approved by the 1860 |
---|
2105 | 2221 | | commissioner. Such terms and conditions shall provide for the filing on 1861 |
---|
2106 | 2222 | | the land records in the town in which the land is located, restrictions or 1862 |
---|
2107 | 2223 | | easements that provide that all land or interest in land subject to such 1863 |
---|
2108 | 2224 | | purchase is preserved in perpetuity in its natural and open condition for 1864 |
---|
2109 | 2225 | | the protection of natural resources and public water supplies. Such 1865 |
---|
2110 | 2226 | | restrictions or easements may allow only those recreational activities 1866 |
---|
2111 | 2227 | | which are not prohibited in subsection [(c)] (d) of section 7-131d, as 1867 |
---|
2112 | 2228 | | amended by this act, and shall allow for improvements and activities 1868 |
---|
2113 | 2229 | | necessary only for land and natural resource management and safe and 1869 |
---|
2114 | 2230 | | adequate potable water. Such permanent restrictions or easements shall 1870 |
---|
2115 | 2231 | | be in favor of the State of Connecticut acting through the Commissioner 1871 |
---|
2116 | 2232 | | of Energy and Environmental Protection. Such permanent restrictions 1872 |
---|
2117 | 2233 | | or easements shall also include a requirement that the property be 1873 |
---|
2118 | 2234 | | available to the general public for recreational purposes as permitted 1874 |
---|
2120 | 2242 | | shall allow for the installation of such permanent fixtures as may be 1876 |
---|
2121 | 2243 | | necessary to provide such permitted recreational activities. The 1877 |
---|
2122 | 2244 | | Department of Energy and Environmental Protection and the state are 1878 |
---|
2123 | 2245 | | hereby authorized to carry out and fulfill their obligations under any 1879 |
---|
2124 | 2246 | | such contract. In addition to such rights as said companies may have 1880 |
---|
2125 | 2247 | | pursuant to chapter 53, those rights in and to land or interests in land 1881 |
---|
2126 | 2248 | | reserved by said companies in their conveyances to the state in 1882 |
---|
2127 | 2249 | | accordance with the provisions of said contract shall be enforceable in 1883 |
---|
2128 | 2250 | | equity. 1884 |
---|
2129 | 2251 | | Sec. 32. (NEW) (Effective July 1, 2024) Notwithstanding the provisions 1885 |
---|
2130 | 2252 | | of section 22a-352 of the general statutes, the Water Planning Council, 1886 |
---|
2131 | 2253 | | as established pursuant to section 25-33o of the general statutes, shall, 1887 |
---|
2132 | 2254 | | in undertaking the next periodic update to the state water plan in 1888 |
---|
2133 | 2255 | | accordance with section 22a-352 of the general statutes: (1) Consider the 1889 |
---|
2139 | 2257 | | take into account past conditions and predictions of future temperatures 1891 |
---|
2140 | 2258 | | and precipitation when identifying the quantities and qualities of water 1892 |
---|
2141 | 2259 | | that are available for public water supply, health, economic, recreation 1893 |
---|
2142 | 2260 | | and environmental benefits on a regional basin scale considering both 1894 |
---|
2143 | 2261 | | surface water and groundwater, and (3) include recommendations and 1895 |
---|
2144 | 2262 | | an implementation plan to reduce impacts from climate change and 1896 |
---|
2145 | 2263 | | extreme weather events on water quality and quantity. 1897 |
---|
2146 | 2264 | | Sec. 33. (NEW) (Effective July 1, 2024) (a) Not later than December 31, 1898 |
---|
2147 | 2265 | | 2028, and every ten years thereafter, the Departments of Public Health 1899 |
---|
2148 | 2266 | | and Energy and Environmental Protection and the Public Utilities 1900 |
---|
2149 | 2267 | | Regulatory Authority shall each review their regulations pertaining to 1901 |
---|
2150 | 2268 | | water supply and, in accordance with the provisions of chapter 54 of the 1902 |
---|
2151 | 2269 | | general statutes, revise such regulations to incorporate the most 1903 |
---|
2152 | 2270 | | concurrent projections on precipitation, temperature or other applicable 1904 |
---|
2153 | 2271 | | conditions that could impact water quality, quantity and distribution. 1905 |
---|
2154 | 2272 | | (b) Not later than December 31, 2028, and every ten years thereafter, 1906 |
---|
2155 | 2273 | | the Departments of Public Health and Energy and Environmental 1907 |
---|
2157 | 2281 | | sewage disposal systems, and any attendant regulations, in accordance 1909 |
---|
2158 | 2282 | | with the provisions of chapter 54 of the general statutes, to incorporate 1910 |
---|
2159 | 2283 | | the most concurrent projections on precipitation, flooding, sea level rise 1911 |
---|
2160 | 2284 | | or other applicable conditions that could impact public safety and 1912 |
---|
2161 | 2285 | | environmental quality. 1913 |
---|
2162 | 2286 | | Sec. 34. (NEW) (Effective July 1, 2024) (a) Notwithstanding any 1914 |
---|
2163 | 2287 | | provision of the general statutes, the Commissioner of the Department 1915 |
---|
2164 | 2288 | | of Energy and Environmental Protection may acquire, in the name of 1916 |
---|
2165 | 2289 | | the state and for flood control and protection and associated public 1917 |
---|
2166 | 2290 | | purposes, no more than 25.7 acres of real property, or interests or rights 1918 |
---|
2167 | 2291 | | therein, by purchase, gift, devise or exchange, or may take the same by 1919 |
---|
2168 | 2292 | | eminent domain in the manner provided in Part IV of chapter 238 of the 1920 |
---|
2169 | 2293 | | general statutes, provided: (1) Such acquisition occurs prior to October 1921 |
---|
2170 | 2294 | | 1, 2034; (2) the owner of any private property taken by eminent domain 1922 |
---|
2176 | 2296 | | compensation in accordance with section 13a-76 of the general statutes; 1924 |
---|
2177 | 2297 | | and (3) such property or interest therein is located in a municipality that 1925 |
---|
2178 | 2298 | | was incorporated in 1836 and has a population between one hundred 1926 |
---|
2179 | 2299 | | forty thousand and one hundred fifty thousand as reported in the 2010 1927 |
---|
2180 | 2300 | | federal decennial census and is necessary to construct a disaster relief, 1928 |
---|
2181 | 2301 | | long-term recovery or infrastructure restoration project funded in 2016 1929 |
---|
2182 | 2302 | | by the Community Development Block Grant -National Disaster 1930 |
---|
2183 | 2303 | | Resilience program, 81 CFR 36557. 1931 |
---|
2184 | 2304 | | (b) Whenever the Commissioner of the Department of Energy and 1932 |
---|
2185 | 2305 | | Environmental Protection determines that the construction, operation, 1933 |
---|
2186 | 2306 | | maintenance, repair or reconstruction of the property described in 1934 |
---|
2187 | 2307 | | subdivision (3) of subsection (a) of this section or the flood control and 1935 |
---|
2188 | 2308 | | protection improvements thereon, would necessitate the readjustment, 1936 |
---|
2189 | 2309 | | relocation or removal of a public service facility, as defined in section 1937 |
---|
2190 | 2310 | | 13a-126 of the general statutes, the commissioner may issue a 1938 |
---|
2191 | 2311 | | readjustment, relocation or removal order to the company, corporation 1939 |
---|
2192 | 2312 | | or municipality owning or operating such public service facility and 1940 |
---|
2194 | 2320 | | remove such public service facility promptly, in accordance with such 1942 |
---|
2195 | 2321 | | order, provided an equitable share of the cost of such readjustment, 1943 |
---|
2196 | 2322 | | relocation or removal, including the cost of installing and constructing 1944 |
---|
2197 | 2323 | | a public service facility of equal capacity in a new location, shall be 1945 |
---|
2198 | 2324 | | borne by the state, within available appropriations, and calculated in 1946 |
---|
2199 | 2325 | | accordance with section 13a-126 of the general statutes, as applied to 1947 |
---|
2200 | 2326 | | state highways other than limited access highways. 1948 |
---|
2201 | 2327 | | Sec. 35. (Effective from passage) Not later than January 1, 2025, the 1949 |
---|
2202 | 2328 | | Commissioner of Energy and Environmental Protection, in consultation 1950 |
---|
2203 | 2329 | | with the Insurance Commissioner, shall submit a report, in accordance 1951 |
---|
2204 | 2330 | | with the provisions of section 11-4a of the general statutes, to the joint 1952 |
---|
2205 | 2331 | | standing committee of the General Assembly having cognizance of 1953 |
---|
2206 | 2332 | | matters relating to the environment on the requirements to create a 1954 |
---|
2207 | 2333 | | climate resiliency fund that is funded by a surcharge on insurance 1955 |
---|
2208 | 2334 | | policies issued in this state for property damage, general liability, 1956 |
---|
2214 | 2336 | | mechanism in relation to fossil fuel projects. Such report shall include, 1958 |
---|
2215 | 2337 | | but not be limited to, an inventory of relevant fossil fuel projects, 1959 |
---|
2216 | 2338 | | recommendations for structuring any such assessment and fund, and 1960 |
---|
2217 | 2339 | | mechanisms to ensure maximum compliance with such assessment. For 1961 |
---|
2218 | 2340 | | purposes of this section, "fossil fuel project" means any project intended 1962 |
---|
2219 | 2341 | | to facilitate or expand the exploration, extraction, processing, exporting, 1963 |
---|
2220 | 2342 | | transporting other than by truck, storage, or any other significant action 1964 |
---|
2221 | 2343 | | with respect to oil, natural gas or coal and includes, but is not limited to, 1965 |
---|
2222 | 2344 | | the construction of any infrastructure related to such activities 1966 |
---|
2223 | 2345 | | including, but not limited to, wells, pipelines, terminals, refineries or 1967 |
---|
2224 | 2346 | | utility-scale generation facilities. 1968 |
---|
2225 | 2347 | | Sec. 36. Section 8-2f of the general statutes is repealed. (Effective July 1969 |
---|
2226 | 2348 | | 1, 2024) 1970 |
---|
2227 | 2349 | | This act shall take effect as follows and shall amend the following |
---|
2228 | 2350 | | sections: |
---|
2229 | 2351 | | |
---|
2231 | 2359 | | Sec. 2 July 1, 2024 New section |
---|
2232 | 2360 | | Sec. 3 July 1, 2024 New section |
---|
2233 | 2361 | | Sec. 4 July 1, 2024 New section |
---|
2234 | 2362 | | Sec. 5 July 1, 2024 New section |
---|
2235 | 2363 | | Sec. 6 July 1, 2024 New section |
---|
2236 | 2364 | | Sec. 7 July 1, 2024 New section |
---|
2237 | 2365 | | Sec. 8 July 1, 2024 New section |
---|
2238 | 2366 | | Sec. 9 July 1, 2024 New section |
---|
2239 | 2367 | | Sec. 10 July 1, 2024 New section |
---|
2240 | 2368 | | Sec. 11 July 1, 2024 8-23(d) to (f) |
---|
2241 | 2369 | | Sec. 12 July 1, 2024 8-23(i) |
---|
2242 | 2370 | | Sec. 13 July 1, 2024 28-1(2) to (4) |
---|
2243 | 2371 | | Sec. 14 July 1, 2024 25-68o |
---|
2244 | 2372 | | Sec. 15 July 1, 2024 7-364 |
---|
2245 | 2373 | | Sec. 16 July 1, 2024 13a-175a(a) |
---|
2246 | 2374 | | Sec. 17 July 1, 2024 New section |
---|
2247 | 2375 | | Sec. 18 July 1, 2024 8-35a(a) and (b) |
---|
2248 | 2376 | | Sec. 19 July 1, 2024 29-251 |
---|
2249 | 2377 | | Sec. 20 July 1, 2024 29-251c(c) |
---|
2255 | 2379 | | Sec. 22 July 1, 2024 8-2(b) and (c) |
---|
2256 | 2380 | | Sec. 23 July 1, 2024 8-2e |
---|
2257 | 2381 | | Sec. 24 July 1, 2024 New section |
---|
2258 | 2382 | | Sec. 25 July 1, 2024 16a-27 |
---|
2259 | 2383 | | Sec. 26 July 1, 2024 28-5(h) |
---|
2260 | 2384 | | Sec. 27 July 1, 2024 7-131d |
---|
2261 | 2385 | | Sec. 28 July 1, 2024 7-131e(b) and (c) |
---|
2262 | 2386 | | Sec. 29 July 1, 2024 7-131g(a) |
---|
2263 | 2387 | | Sec. 30 July 1, 2024 7-131e(a) |
---|
2264 | 2388 | | Sec. 31 July 1, 2024 23-8b(a) |
---|
2265 | 2389 | | Sec. 32 July 1, 2024 New section |
---|
2266 | 2390 | | Sec. 33 July 1, 2024 New section |
---|
2267 | 2391 | | Sec. 34 July 1, 2024 New section |
---|
2268 | 2392 | | Sec. 35 from passage New section |
---|
2269 | 2393 | | Sec. 36 July 1, 2024 Repealer section |
---|
2270 | 2394 | | |
---|
2271 | 2395 | | ENV Joint Favorable Subst. |
---|