Connecticut 2025 Regular Session

Connecticut House Bill HB06833 Compare Versions

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55 General Assembly Raised Bill No. 6833
66 January Session, 2025
77 LCO No. 3844
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10-Referred to Committee on PLANNING AND
11-DEVELOPMENT
10+Referred to Committee on PLANNING AND DEVELOPMENT
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1413 Introduced by:
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1919 AN ACT CONCERNING THE LEGISLATIVE COMMISSIONERS'
2020 RECOMMENDATIONS FOR TECHNICAL REVISIONS TO STATUTES
2121 RELATING TO PLANNING AND DEVELOPMENT.
2222 Be it enacted by the Senate and House of Representatives in General
2323 Assembly convened:
2424
2525 Section 1. Subsection (a) of section 4-124s of the general statutes is 1
2626 repealed and the following is substituted in lieu thereof (Effective July 1, 2
2727 2025): 3
2828 (a) For purposes of this section: 4
2929 (1) "Regional council of governments" means any such council 5
3030 organized under the provisions of sections 4-124i to 4-124p, inclusive; 6
3131 (2) "Municipality" means a town, city or consolidated town and 7
3232 borough; 8
3333 (3) "Legislative body" means the board of selectmen, town council, 9
3434 city council, board of [alderman] aldermen, board of directors, board of 10
35-representatives or board of the warden and burgesses of a municipality; 11 Raised Bill No. 6833
35+representatives or board of the warden and burgesses of a municipality; 11
36+(4) "Secretary" means the Secretary of the Office of Policy and 12
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40-(4) "Secretary" means the Secretary of the Office of Policy and 12
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4143 Management or the designee of the secretary; 13
4244 (5) "Regional educational service center" has the same meaning as 14
4345 provided in section 10-282; and 15
4446 (6) "Employee organization" means any lawful association, labor 16
4547 organization, federation or council having as a primary purpose the 17
4648 improvement of wages, hours and other conditions of employment. 18
4749 Sec. 2. Section 7-339hh of the general statutes is repealed and the 19
4850 following is substituted in lieu thereof (Effective July 1, 2025): 20
4951 Costs authorized for payment from a district master plan fund, 21
5052 established pursuant to section 7-339gg, are limited to: 22
5153 (1) Costs of improvements made within the tax increment district, 23
5254 including, but not limited to, (A) capital costs, including, but not limited 24
5355 to, (i) the acquisition or construction of land, improvements, 25
5456 infrastructure, public ways, parks, buildings, structures, railings, street 26
5557 furniture, signs, landscaping, plantings, benches, trash receptacles, 27
5658 curbs, sidewalks, turnouts, recreational facilities, structured parking, 28
5759 transportation improvements, pedestrian improvements and other 29
5860 related improvements, fixtures and equipment for public use; [,] (ii) the 30
5961 acquisition or construction of land, improvements, infrastructure, 31
6062 buildings, structures, including facades and signage, fixtures and 32
6163 equipment for industrial, commercial, residential, mixed-use or retail 33
6264 use or transit-oriented development; [,] (iii) the demolition, alteration, 34
6365 remodeling, repair or reconstruction of existing buildings, structures 35
6466 and fixtures; (iv) environmental remediation; (v) site preparation and 36
6567 finishing work; and (vi) all fees and expenses associated with the capital 37
6668 cost of such improvements, including, but not limited to, licensing and 38
6769 permitting expenses and planning, engineering, architectural, testing, 39
6870 legal and accounting expenses; (B) financing costs, including, but not 40
6971 limited to, closing costs, issuance costs, reserve funds and capitalized 41
7072 interest; (C) real property assembly costs; (D) costs of technical and 42
71-marketing assistance programs; (E) professional service costs, 43 Raised Bill No. 6833
73+marketing assistance programs; (E) professional service costs, 43
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7680 including, but not limited to, licensing, architectural, planning, 44
7781 engineering, development and legal expenses; (F) maintenance and 45
7882 operation costs; (G) administrative costs, including, but not limited to, 46
7983 reasonable charges for the time spent by municipal employees, other 47
8084 agencies or third-party entities in connection with the implementation 48
8185 of a district master plan; and (H) organizational costs relating to the 49
8286 planning and the establishment of the tax increment district, including, 50
8387 but not limited to, the costs of conducting environmental impact and 51
8488 other studies and the costs of informing the public about the creation of 52
8589 tax increment districts and the implementation of the district master 53
8690 plan; 54
8791 (2) Costs of improvements that are made outside the tax increment 55
8892 district but are directly related to or are made necessary by the 56
8993 establishment or operation of the tax increment district, including, but 57
9094 not limited to, (A) that portion of the costs reasonably related to the 58
9195 construction, alteration or expansion of any facilities not located within 59
9296 the tax increment district that are required due to improvements or 60
9397 activities within the tax increment district, including, but not limited to, 61
9498 roadways, traffic signalization, easements, sewage treatment plants, 62
9599 water treatment plants or other environmental protection devices, storm 63
96100 or sanitary sewer lines, water lines, electrical lines, improvements to fire 64
97101 stations, and street signs; (B) costs of public safety and public school 65
98102 improvements made necessary by the establishment of the tax 66
99103 increment district; and (C) costs of funding to mitigate any adverse 67
100104 impact of the tax increment district upon the municipality and its 68
101105 constituents; 69
102106 (3) Costs related to economic development, environmental 70
103107 improvements or employment training associated with the tax 71
104108 increment district, including, but not limited to, (A) economic 72
105109 development programs or events related to the tax increment district; 73
106110 (B) environmental improvement projects developed by the municipality 74
107111 related to the tax increment district; (C) the establishment of permanent 75
108112 economic development revolving loan funds, investment funds and 76
109-grants; and (D) services and equipment necessary for employment skills 77 Raised Bill No. 6833
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119+grants; and (D) services and equipment necessary for employment skills 77
114120 development and training, including scholarships to in -state 78
115121 educational institutions for jobs created or retained in the tax increment 79
116122 district; and 80
117123 (4) Costs of improvements that are made outside the tax increment 81
118124 district for the renovation or rehabilitation of a housing development 82
119125 that is a set-aside development, as defined in subsection (a) of section 8-83
120126 30g, for which development the deed covenants or restrictions that 84
121127 preserve such development as a set-aside development will expire in 85
122128 not more than three years, provided the costs of such improvements are 86
123129 paid pursuant to an agreement between the municipality and the owner 87
124130 of such development in which the owner agrees to renew such deed 88
125131 covenants or restrictions for not less than forty years. 89
126132 Sec. 3. Section 7-393 of the general statutes is repealed and the 90
127133 following is substituted in lieu thereof (Effective July 1, 2025): 91
128134 Upon the completion of an audit, the independent auditor shall file 92
129135 certified copies of the audit report [with] (1) with the appointing 93
130136 authority, (2) in the case of a town, city or borough, with the clerk of 94
131137 such town, city or borough, (3) in the case of a regional school district, 95
132138 with the clerks of the towns, cities or boroughs in which such regional 96
133139 school district is located and with the board of education, (4) in the case 97
134140 of an audited agency, with the clerks of the towns, cities or boroughs in 98
135141 which such audited agency is located, and (5) in each case, with the 99
136142 Secretary of the Office of Policy and Management. Such copies shall be 100
137143 filed within six months from the end of the fiscal year of the 101
138144 municipality, regional school district or audited agency, but the 102
139145 secretary may grant an extension of not more than thirty days, provided 103
140146 the auditor making the audit and the chief executive officer of the 104
141147 municipality, regional school district or audited agency shall jointly 105
142148 submit a request in writing to the secretary stating the reasons for such 106
143149 extension at least thirty days prior to the end of such six-month period. 107
144150 If the reason for the extension relates to deficiencies in the accounting 108
145-system of the municipality, regional school district or audited agency, 109
146-the request must be accompanied by a corrective action plan. The 110 Raised Bill No. 6833
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157+system of the municipality, regional school district or audited agency, 109
158+the request must be accompanied by a corrective action plan. The 110
151159 secretary may, after a hearing with the auditor and officials of the 111
152160 municipality, regional school district or audited agency, grant an 112
153161 additional extension if conditions warrant, provided such extension 113
154162 shall not exceed six months from the date the auditor was required to 114
155163 file such copies. Said auditor shall preserve all of his or her working 115
156164 papers employed in the preparation of any such audit until the 116
157165 expiration of five years from the date of filing a certified copy of the 117
158166 audit with the secretary and such working papers shall be available, 118
159167 upon written request and upon reasonable notice from the secretary, 119
160168 during such time for inspection by the secretary or his authorized 120
161169 representative, at the office or place of business of the auditor, during 121
162170 usual business hours. Any municipality, regional school district, 122
163171 audited agency or auditor who fails to have the audit report filed on its 123
164172 behalf within six months from the end of the fiscal year or within the 124
165173 time granted by the secretary shall be referred by the secretary to the 125
166174 Municipal Finance Advisory Commission established pursuant to 126
167175 section 7-394b, assessed a civil penalty of not less than one thousand 127
168176 dollars but not more than fifty thousand dollars or both, except that the 128
169177 secretary may waive such penalties if, in the secretary's opinion, there 129
170178 appears to be reasonable cause for not having completed or provided 130
171179 the required audit report, provided an official of the municipality, 131
172180 regional school district or audited agency or the auditor submits a 132
173181 written request for such waiver. The secretary may impose any civil 133
174182 penalty assessed pursuant to this section against a municipality, 134
175183 regional school district or audited agency in the form of a reduction in 135
176184 the amount of one or more grants awarded by the secretary, including, 136
177185 but not limited to, any grant payable pursuant to section 12-18b. 137
178186 Sec. 4. Subdivision (2) of subsection (a) of section 7-576e of the general 138
179187 statutes is repealed and the following is substituted in lieu thereof 139
180188 (Effective July 1, 2025): 140
181189 (2) The Municipal Accountability Review Board may designate a tier 141
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182196 III municipality as a tier IV municipality based on a finding by the board 142
183197 that the fiscal condition of such municipality warrants such a 143
184-designation based upon an evaluation of the following criteria: (A) The 144 Raised Bill No. 6833
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198+designation based upon an evaluation of the following criteria: (A) The 144
189199 balance in the municipal reserve fund; (B) the short and long-term 145
190200 liabilities of the municipality, including, but not limited to, the 146
191201 municipality's ability to meet minimum funding levels required by law, 147
192202 contract or court order; (C) the initial budgeted revenue for the 148
193203 municipality for the past five fiscal years as compared to the actual 149
194204 revenue received by the municipality for such fiscal years; (D) budget 150
195205 projections for the following five fiscal years; (E) the economic outlook 151
196206 for the municipality; (F) the municipality's access to capital markets; and 152
197207 (G) evidence of unsound or irregular financial practices in relation to 153
198208 commonly accepted standards in municipal finance that the board 154
199209 believes may materially affect the municipality's financial condition. For 155
200210 the purpose of determining whether to make a finding pursuant to this 156
201211 subdivision, the membership of the board shall additionally include the 157
202212 chief elected official of such municipality, the treasurer of such 158
203213 municipality and a member of the legislative body of such municipality, 159
204214 as selected by such body. In conducting a vote on any such 160
205215 determination, the treasurer of such municipality shall be a [non-voting] 161
206216 nonvoting member of the board. The board shall submit such finding 162
207217 and recommended designation to the secretary, who shall provide for a 163
208218 thirty-day notice and public comment period related to such finding 164
209219 and recommendation. Following the public notice and comment period, 165
210220 the secretary shall forward the board's finding and recommended 166
211221 designation and a report regarding the comments received in this regard 167
212222 to the Governor. Following the receipt of such documentation from the 168
213223 secretary, the Governor may approve or disapprove the board's 169
214224 recommended designation. 170
215225 Sec. 5. Section 7-576i of the general statutes is repealed and the 171
216226 following is substituted in lieu thereof (Effective July 1, 2025): 172
217227 (a) Any designated tier II, III [,] or IV municipality shall be eligible to 173
218228 receive funding from the Municipal Restructuring Fund, which fund 174
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219235 shall be nonlapsing. A designated tier II, III or IV municipality seeking 175
220236 such funds shall submit, for approval by the Secretary of the Office of 176
221237 Policy and Management, a plan detailing its overall restructuring plan, 177
222-including local actions to be taken and its proposed use of such funds. 178 Raised Bill No. 6833
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238+including local actions to be taken and its proposed use of such funds. 178
227239 Notwithstanding section 10-262j, a municipality may, as part of such 179
228240 plan and in consultation with its local board of education, submit a 180
229241 proposed reduction in the minimum budget requirement related to its 181
230242 education budget. The secretary shall consult with the Commissioner of 182
231243 Education in approving or rejecting such proposed reduction. The 183
232244 secretary shall consult with the Municipal Accountability Review Board 184
233245 in making distribution decisions and attaching appropriate conditions 185
234246 thereto, including the timing of any such distributions and whether such 186
235247 funds shall be distributed in the form of a municipal restructuring fund 187
236248 loan subject to repayment by the municipality. The distribution of such 188
237249 assistance funds shall be based on the relative fiscal needs of the 189
238250 requesting municipalities. The secretary may approve all, none or a 190
239251 portion of the funds requested by a municipality. In attaching 191
240252 conditions to such funding, the secretary shall consider the impact of 192
241253 such conditions on the ability of a municipality to meet legal and other 193
242254 obligations. The board shall monitor and report to the secretary on the 194
243255 use of such funds and adherence to the conditions attached thereto. The 195
244256 secretary shall develop and issue guidance on the (1) administration of 196
245257 the Municipal Restructuring Fund, (2) criteria for participation by 197
246258 municipalities and requirements for plan submission, and (3) 198
247259 prioritization for the awarding of assistance funds pursuant to this 199
248260 section. Any municipality that receives funding from the Municipal 200
249261 Restructuring Fund, in addition to the other responsibilities and 201
250262 authority given to the board with respect to designated tiers II, III and 202
251263 IV municipalities, shall be required to receive board approval of its 203
252264 annual budgets. 204
253265 (b) The secretary may distribute funds from the Municipal 205
254266 Restructuring Fund to a third party on behalf of a designated tier II, tier 206
255267 III or tier IV municipality. Funds received by a municipality pursuant to 207
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256274 this section may be used, in part, to pay an arbitrator selected pursuant 208
257275 to clause (v) of subdivision (3) of subsection (a) of section 7-576e. 209
258276 (c) Notwithstanding the provisions of subsection (a) of this section, 210
259277 in making distributions from the Municipal Restructuring Fund, the 211
260-board shall give immediate consideration to any municipality that shall 212 Raised Bill No. 6833
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265279 default on debt obligations by January 1, 2018, without an immediate 213
266280 distribution of such funds. 214
267281 Sec. 6. Subdivision (3) of subsection (c) of section 7-622 of the general 215
268282 statutes is repealed and the following is substituted in lieu thereof 216
269283 (Effective July 1, 2025): 217
270284 (3) If the administrator determines that an applicant requesting 218
271285 assistance to pay for repairs to real property is eligible, (A) a licensed 219
272286 home inspector or insurance adjuster with whom the Office of the 220
273287 Comptroller has executed a contract for services, or (B) at such eligible 221
274288 applicant's option, a licensed home inspector or insurance adjuster with 222
275289 experience assessing flood damage who is approved by the 223
276290 administrator and hired by such eligible applicant, shall evaluate the 224
277291 damage to the applicant's property and provide a report concerning 225
278292 such damage to the administrator. Such report shall be in a form and 226
279293 manner prescribed by the administrator, and shall include, but need not 227
280294 be limited to, a description of the damage to such eligible applicant's 228
281295 property and the estimated cost to repair such damage. Not later than 229
282296 thirty days after the receipt of such report, the administrator may award 230
283297 a grant, in accordance with a formula established by the Comptroller, to 231
284298 the eligible applicant, or at the administrator's discretion, provide such 232
285299 grant to a contractor or vendor selected by the applicant to repair such 233
286300 damage. Such formula shall include a reduction in the amount of any 234
287301 such grant equal to any payments received by the applicant pursuant to 235
288302 any claim made against a property and casualty insurance policy held 236
289303 by such applicant for such damage. 237
290304 Sec. 7. Subsection (b) of section 8-216a of the general statutes is 238
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291311 repealed and the following is substituted in lieu thereof (Effective July 1, 239
292312 2025): 240
293313 (b) Any modification, amendment [,] or replacement of a contract 241
294314 already in existence on or before October 1, 1973, shall not be subject to 242
295315 the provisions of subsection (a) of this section without the mutual 243
296-consent of the parties thereto. 244 Raised Bill No. 6833
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301317 Sec. 8. Subsection (a) of section 12-170d of the general statutes is 245
302318 repealed and the following is substituted in lieu thereof (Effective July 1, 246
303319 2025): 247
304320 (a) Beginning with the calendar year 1973 and for each calendar year 248
305321 thereafter, any renter of real property, or of a mobile manufactured 249
306322 home, as defined in section 12-63a, which such renter occupies as his or 250
307323 her home, who meets the qualifications set forth in this section, shall be 251
308324 entitled to receive in the following year in the form of direct payment 252
309325 from the state, a grant in refund of utility and rent bills actually paid by 253
310326 or for such renter on such real property or mobile manufactured home 254
311327 to the extent set forth in section 12-170e. Such grant by the state shall be 255
312328 made upon receipt by the state of a certificate of grant with a copy of the 256
313329 application therefor attached, as provided in section 12-170f. If the rental 257
314330 quarters are occupied by more than one person, it shall be assumed for 258
315331 the purposes of this section and sections 12-170e and 12-170f that each 259
316332 of such persons pays his or her proportionate share of the rental and 260
317333 utility expenses levied thereon and grants shall be calculated on that 261
318334 portion of utility and rent bills paid that are applicable to the person 262
319335 making application for grant under said sections. For purposes of this 263
320336 section and sections 12-170e and 12-170f, a married couple shall 264
321337 constitute one tenant, and a resident of cooperative housing shall be a 265
322338 renter. To qualify for such payment by the state, the renter shall meet 266
323339 qualification requirements in accordance with each of the following 267
324340 subdivisions: (1) (A) At the close of the calendar year for which a grant 268
325341 is claimed be sixty-five years of age or over, or his or her spouse who is 269
326342 residing with such renter shall be sixty-five years of age or over, at the 270
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327349 close of such year, or be fifty years of age or over and the surviving 271
328350 spouse of a renter who at the time of his or her death had qualified and 272
329351 was entitled to tax relief under this chapter, provided such spouse was 273
330352 domiciled with such renter at the time of his or her death, or (B) at the 274
331353 close of the calendar year for which a grant is claimed be under age 275
332354 sixty-five and eligible in accordance with applicable federal regulations, 276
333355 to receive permanent total disability benefits under Social Security, or if 277
334-such renter has not been engaged in employment covered by Social 278 Raised Bill No. 6833
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356+such renter has not been engaged in employment covered by Social 278
339357 Security and accordingly has not qualified for Social Security benefits 279
340358 but has become qualified for permanent total disability benefits under 280
341359 any federal, state or local government retirement or disability plan, 281
342360 including the Railroad Retirement Act and any government-related 282
343361 teacher's retirement plan, determined by the Secretary of the Office of 283
344362 Policy and Management to contain requirements in respect to 284
345363 qualification for such permanent total disability benefits which are 285
346364 comparable to such requirements under Social Security; (2) shall reside 286
347365 within this state and shall have resided within this state for at least one 287
348366 year or such renter's spouse who is domiciled with such renter shall 288
349367 have resided within this state for at least one year and shall reside within 289
350368 this state at the time of filing the claim and shall have resided within this 290
351369 state for the period for which claim is made; (3) shall have taxable and 291
352370 nontaxable income, the total of which shall hereinafter be called 292
353371 "qualifying income", during the calendar year preceding the filing of 293
354372 such renter's claim in an amount of not more than twenty thousand 294
355373 dollars, jointly with spouse, if married, and not more than sixteen 295
356374 thousand two hundred dollars if unmarried, provided such maximum 296
357375 amounts of qualifying income shall be subject to adjustment in 297
358376 accordance with subdivision (2) of subsection (a) of section 12-170e, and 298
359377 provided the amount of any Medicaid payments made on behalf of the 299
360378 renter or the spouse of the renter shall not constitute income; and (4) 300
361379 shall not have received financial aid or subsidy from federal, state, 301
362380 county or municipal funds, excluding Social Security receipts, 302
363381 emergency energy assistance under any state program, emergency 303
364382 energy assistance under any federal program, emergency energy 304
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365389 assistance under any local program, payments received under the 305
366390 federal Supplemental Security Income Program, payments derived 306
367391 from previous employment, veterans and veterans disability benefits 307
368392 and subsidized housing accommodations, during the calendar year for 308
369393 which a grant is claimed, for payment, directly or indirectly, of rent, 309
370394 electricity, gas, water and fuel applicable to the rented residence. 310
371395 Notwithstanding the provisions of subdivision (4) of this subsection, a 311
372396 renter who receives cash assistance from the Department of Social 312
373-Services in the calendar year prior to that in which such renter files an 313 Raised Bill No. 6833
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397+Services in the calendar year prior to that in which such renter files an 313
378398 application for a grant may be entitled to receive such grant provided 314
379399 the amount of the cash assistance received shall be deducted from the 315
380400 amount of such grant and the difference between the amount of the cash 316
381401 assistance and the amount of the grant is equal to or greater than ten 317
382402 dollars. Funds attributable to such reductions shall be transferred 318
383403 annually from the appropriation to the Office of Policy and 319
384404 Management, for tax relief for elderly renters, to the Department of 320
385405 Social Services, to the appropriate accounts, following the issuance of 321
386406 such grants. Notwithstanding the provisions of subsection (b) of section 322
387407 12-170aa, the owner of a mobile manufactured home may elect to 323
388408 receive benefits under section 12-170e in lieu of benefits under said 324
389409 section 12-170aa. 325
390410 This act shall take effect as follows and shall amend the following
391411 sections:
392412
393413 Section 1 July 1, 2025 4-124s(a)
394414 Sec. 2 July 1, 2025 7-339hh
395415 Sec. 3 July 1, 2025 7-393
396416 Sec. 4 July 1, 2025 7-576e(a)(2)
397417 Sec. 5 July 1, 2025 7-576i
398418 Sec. 6 July 1, 2025 7-622(c)(3)
399419 Sec. 7 July 1, 2025 8-216a(b)
400420 Sec. 8 July 1, 2025 12-170d(a)
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402-PD Joint Favorable
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428+Statement of Purpose:
429+To make technical revisions to statutes relating to planning and
430+development.
431+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
432+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
433+underlined.]
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