Connecticut 2024 2024 Regular Session

Connecticut Senate Bill SB00456 Comm Sub / Analysis

Filed 04/22/2024

                     
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OLR Bill Analysis 
sSB 456  
 
AN ACT ESTABLISHING A PILOT PROGRAM FOR THE 
DEVELOPMENT AND IMPLEMENTATION OF TEN -YEAR PLANS TO 
ERADICATE CONCENTRATED POVERTY IN THE STATE.  
 
SUMMARY 
This bill creates a pilot program to reduce the levels of concentrated 
poverty in the state by developing and implementing 10-year plans for 
certain targeted “concentrated poverty census tracts.” Under the bill, 
these are census tracts in which at least 30% of the households have 
incomes below the federal poverty level (FPL) that were identified by 
the Office of Policy and Management (OPM) under the high poverty-
low opportunity (HPLO) program, as of January 1, 2024. The bill also 
declares that the state has a concentrated poverty crisis that creates long-
term disadvantages for impacted residents.   
The bill creates a new office within the Department of Economic and 
Community Development (DECD) to, among other things, oversee the 
plans’ implementation and monitor the state’s progress in reducing 
concentrated poverty. It requires the office to develop a 10-year plan for 
each participating census tract (or groups of tracts) together with 
specified state agencies and local officials and the community 
development corporation (CDC) established by community members to 
help implement the plan. Among other things, it (1) requires the plans 
to include a list of possible projects determined to be the most 
appropriate and effective to eliminate concentrated poverty in the tract 
or tracts and (2) gives these projects priority for specified state grants.  
The bill requires DECD to report to the legislature on the office’s 
progress in developing and implementing the 10-year plans and, by 
January 1, 2029, recommend whether to expand the pilot program to all 
qualifying tracts.  2024SB-00456-R000587-BA.DOCX 
 
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The bill also allows the CDCs established by community members to 
bring a mandamus action against state or municipal officials who do not 
timely fulfill their requirements or responsibilities under the program 
or a 10-year plan to compel them to do so. 
Lastly, the bill (1) renames the HPLO census tracts as “concentrated 
poverty census tracts” and makes corresponding changes throughout 
the program’s statutory provisions and (2) specifies that these census 
tracts are based on the poverty level of households, rather than residents 
(see BACKGROUND).  
EFFECTIVE DATE: Upon passage 
DECLARATION 
The bill declares that Connecticut has a concentrated poverty crisis 
that takes a critical toll on people who live in communities with 
concentrated poverty. It states that concentrated poverty creates lifelong 
and persistent disadvantages across generations by: 
1. lowering the quality of educational and employment 
opportunities,  
2. limiting health care access and diminishing health outcomes,  
3. increasing crime exposure,  
4. reducing available choices for affordable and properly 
maintained housing, and  
5. imposing obstacles to wealth-building and economic mobility. 
It also declares that developing and implementing the bill’s 10-year 
plans to eliminate concentrated poverty in Connecticut are necessary for 
the public’s benefit. 
OFFICE OF NEIGHBORHO OD INVESTMENT AND CO MMUNITY 
ENGAGEMENT 
The bill creates a new Office of Neighborhood Investment and 
Community Engagement within DECD and requires that it have staff  2024SB-00456-R000587-BA.DOCX 
 
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dedicated exclusively to the following:  
1. carrying out the bill’s pilot program, 
2. overseeing the implementation of the 10-year plans developed 
under the program,  
3. monitoring the state’s progress in reducing concentrated 
poverty,  
4. coordinating communication between the program’s various 
parties, and  
5. distributing information in a timely and efficient way. 
PILOT PROGRAM 
Eligible Census Tracts 
Under the bill, the pilot program is open to any concentrated poverty 
census tract or group of tracts (qualifying tract) in (1) the four 
municipalities with the greatest number of these tracts (i.e., Bridgeport, 
Hartford, New Haven, and Waterbury) or (2) any municipality with a 
qualifying tract that requests to participate in the program. To be 
eligible, the qualifying tract must also have a certified CDC (see 
BACKGROUND) created by its community members to help carry out 
the 10-year plan and the municipality’s responsibilities under the 
program. 
10-Year Plans 
The bill requires the Office of Neighborhood Investment and 
Community Engagement to develop a 10-year plan for each 
participating qualifying tract to reduce the levels of concentrated 
poverty in Connecticut by doing the following: 
1. reducing the percentage of households living in the tract or tracts 
with incomes below the FPL to 20% or less and 
2. making sustained improvements in community infrastructure 
and other underlying conditions that prolong concentrated 
poverty and economic inertia in the tract or tracts.  2024SB-00456-R000587-BA.DOCX 
 
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In developing these plans, the office must consult with DECD’s Office 
of Community Economic Development Assistance (OCEDA), OPM, the 
Office of Workforce Strategy (OWS), Office of Early Childhood (OEC), 
State Department of Education, applicable CDCs serving the qualifying 
tract, municipal chief elected officials (CEO), and any other public or 
private entity the DECD commissioner finds relevant or necessary to 
achieve these purposes. 
Each plan must include, at a minimum: 
1. measurable implementation steps, target dates for completing 
each step, and the state or local official or agency responsible for 
doing so; 
2. minimum statewide averages for educational metrics (e.g., 
kindergarten-, college-, and career- readiness and grade level 
reading and mathematics) to serve as benchmarks for 
improvements in each tract or tracts; and 
3. a list of possible projects, as described below. 
Projects 
The bill requires the Office of Neighborhood Investment and 
Community Engagement, together with each applicable CEO and CDC, 
to develop a list of possible projects for each participating qualifying 
tract’s 10-year plan. In doing so, they must (1) determine the types of 
projects they deem most appropriate and effective for eliminating 
concentrated poverty in the tract or tracts and (2) consider the project 
eligibility criteria for the certified CDC grant program, HPLO program, 
and the Community Investment Fund 2030 program (see 
BACKGROUND ). 
Under the bill, the possible projects must include capital projects, 
workforce development programs, housing development, community 
and neighborhood improvements, and education initiatives to help 
residents in meeting and exceeding the educational metrics described 
above.  2024SB-00456-R000587-BA.DOCX 
 
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Required Reports and Informational Forum 
Progress Report. The bill requires the DECD commissioner, by June 
1, 2025, to give the Finance, Revenue, and Bonding Committee, a written 
progress report on the 10-year plans. He must submit the finished plans 
to the General Assembly by January 1, 2026. 
Annual Report. The commissioner must also, starting by February 1, 
2027, and annually after, report on the: 
1. Office of Neighborhood Investment and Community 
Engagements’ implementation progress on each of the 10-year 
plans,  
2. status of any projects that are pending or in progress for each 
tract, and 
3. any other relevant or necessary information.  
He must submit these annual reports to the General Assembly, OWS, 
OEC, and OPM.  
Informational Forums. Annually by March 1, from 2027 to 2029, and 
biennially after that, the Finance, Revenue and Bonding Committee 
must hold an informational forum for these annual reports. At each 
forum, the DECD commissioner must present on the report and other 
state and municipal officials, participating CDCs, and interested parties 
may provide their comments on the report and pilot program. 
Pilot Program Expansion. The DECD commissioner must, by 
January 1, 2029, submit his recommendation to the Finance, Revenue 
and Bonding Committee on whether the pilot program should be 
expanded to all qualifying tracts in the state for which a certified CDC 
has been established. If he recommends this expansion, the 
commissioner and Office of Neighborhood Investment and Community 
Engagement must immediately carry it out. 
Priority for Certain State Grants 
Under the bill, starting on the date DECD submits the 10-year plans  2024SB-00456-R000587-BA.DOCX 
 
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to the General Assembly, the projects included in those plans must have 
priority for the following state grants, subject to each grant program’s 
existing criteria: 
1. OCEDA grants for projects certified CDCs undertake in target 
areas (§ 2); 
2. DECD’s HPLO program grants for eligible projects 
municipalities undertake in OPM-designated concentrated 
poverty census tracts (§ 3); and 
3. Community Investment Fund (CIF) 2030 grants for eligible 
projects municipalities, CDCs, and nonprofits undertake in 
municipalities designated as public investment communities or 
alliance districts (§ 4). 
For purposes of the CIF 2030 grants, the 10-year plan projects must 
also meet the current criteria for priority status under the program. 
Specifically, they must (1) be proposed by a municipality that (a) has 
implemented local hiring preferences in accordance with state law or (b) 
has or will leverage municipal, private, philanthropic, or federal funds 
for the project and (2) have a project labor agreement or employ or will 
employ ex-offenders or individuals with physical, intellectual, or 
developmental disabilities. As under existing law, the CIF 2030 board 
must additionally prioritize municipal applications that include a letter 
of support for the proposed eligible project from a General Assembly 
member or members in whose district the eligible project is or will be 
located. 
RIGHT OF ACTION AGAINST STATE OR MUNICIPAL OFFICIALS 
Under the bill, if any state or municipal official does not timely fulfill 
his or her requirements or responsibilities under the program or a 10-
year plan, a certified CDC created for a concentrated poverty census 
tract that is aggrieved by this failure may bring a mandamus action 
against the official. It must bring the action in the Superior Court for the 
judicial district where the qualifying tract is located. 
A writ of mandamus is a court order that compels a public official or  2024SB-00456-R000587-BA.DOCX 
 
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agency to perform a specific duty. Under Connecticut Supreme Court 
precedent, a writ is only proper when “(1) the law imposes on the party 
against whom the writ would run a duty the performance of which is 
mandatory and not discretionary; (2) the party applying for the writ has 
a clear legal right to have the duty performed; and (3) there is no other 
specific adequate remedy” (Miles v. Foley, 253 Conn. 381 (2000)). 
BACKGROUND 
HPLO Census Tracts 
The law required OPM to compile a list of the census tracts in which 
at least 30% of the residents have incomes below the FPL, according to 
the most recent five-year U.S. Census Bureau American Community 
Survey (i.e., HPLO census tracts). The table below lists the 
municipalities in which these identified tracts are located and the 
number of tracts per municipality. 
Table: Number of HPLO Tracts by Municipality 
Town No. of Identified Tracts 
Bridgeport 	11 
Enfield 	1 
Hartford 	19 
Mansfield 	2 
Meriden 	3 
Middletown 	1 
New Britain 	5 
New Haven 	10 
New London 	2 
Stamford 	1 
Waterbury 	7 
Windham 	2 
 
CDC Certification Process and Grant Eligibility 
Existing law allows organizations meeting certain requirements to 
become certified CDCs by applying to DECD’s OCEDA. A “certified 
CDC” is a 501(c)(3) federally tax-exempt organization that is certified by 
the office and meets the following requirements: 
1. focuses on serving areas in which the (a) current unemployment  2024SB-00456-R000587-BA.DOCX 
 
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rate exceeds the state’s by at least 25% or (b) mean household 
income is 80% or less of the state’s as determined by the most 
recent decennial census (i.e., target areas),  
2. works on urban community development with local residents 
and businesses to create and expand economic opportunities for 
low- and moderate-income people, and  
3. shows the office that its constituency is meaningfully represented 
on its board. 
By law, the office must establish a grant program for projects that 
certified CDCs seek to undertake in target areas, including 
infrastructure improvements, housing rehabilitation, and streetscape 
and business façade improvements. DECD has not implemented this 
office or grant program to date. 
HPLO Program 
The HPLO program is a six-year, state bond-funded program 
designed to fund eligible projects in qualifying census tracts designated 
as HPLO census tracts. To qualify for the funding (which has not been 
issued to date), a project must seek to reduce concentrated poverty and 
its effects within the qualifying census tract. These projects generally 
include (1) building, renovating, and rehabilitating mixed-income rental 
and owner-occupied housing; (2) establishing or improving workforce 
development programs; and (3) building, renovating, or rehabilitating 
public infrastructure to support and improve private investment 
opportunities, quality of life, and public safety. 
CIF 2030 
CIF 2030 is a five-year, state bond-funded program for financing 
qualifying economic and community development projects and small 
business grants in eligible municipalities (i.e., those designated as public 
investment communities or alliance districts). The CIF 2030 board, 
located within DECD, directs these investments. Eligible municipalities, 
CDCs, and nonprofits may submit funding proposals for eligible 
projects and grants to the board.  2024SB-00456-R000587-BA.DOCX 
 
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COMMITTEE ACTION 
Finance, Revenue and Bonding Committee 
Joint Favorable Substitute 
Yea 38 Nay 13 (04/03/2024)