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General Assembly Raised Bill No. 7153
January Session, 2025
LCO No. 5731
Referred to Committee on PLANNING AND DEVELOPMENT
Introduced by:
(PD)
AN ACT CONCERNING THE ESTABLISHMENT OF THE PORT
EASTSIDE INFRASTRUCTURE IMPROVEMENT DISTRICT IN THE
TOWN OF EAST HARTFORD.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (Effective October 1, 2025) (a) As used in this section and 1
section 2 of this act: 2
(1) "District" means the Port Eastside Infrastructure Improvement 3
District, which may be established as a body politic and corporate 4
pursuant to subsection (b) of this section, situated in the town of East 5
Hartford, county of Hartford and state of Connecticut and bounded and 6
described as follows: Beginning at the intersection of the northerly street 7
line of Hartland Street and the easterly street line of East River Drive; 8
thence running northerly along the easterly street line of East River 9
Drive a distance of 883 feet, more or less; thence running easterly and 10
northerly along the southerly and westerly lines of land now or formerly 11
of Merchant Founders Lodging, LLC a distance of 792 feet, more or less, 12
to the southerly street line of Pitkin Street; thence running easterly along 13
said southerly street line of Pitkin Street a distance of 616 feet, more or 14
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less; thence running southerly along the westerly line of land now or 15
formerly of Milton East Hartford Investments, LLC and land now or 16
formerly of Infinity IV, LLC, partly by each, a distance of 715 feet, more 17
or less, to the northerly street line of Hartland Street; thence running 18
westerly along said northerly street line of Hartland Street a distance of 19
101 feet, more or less; thence running southerly crossing Hartland Street 20
a distance of 60 feet to the southerly street line of Hartland Street; thence 21
running southeasterly along the westerly line of land now or formerly 22
of the Connecticut Natural Gas Corporation a distance of 818 feet, more 23
or less; thence running westerly and northwesterly along the southerly 24
and easterly lines of land now or formerly of the Town of East Hartford 25
a distance of 1,143 feet, more or less, to the southerly street line of 26
Hartland Street; thence running northwesterly crossing Hartland Street 27
a distance of 95 feet, more or less, to the point of beginning; 28
(2) "District improvements" means any transit enhancements, 29
bridges, roadways, traffic signalization, easements, sewage or water 30
treatment facilities or other environmental protection devices or 31
structures, storm or sanitary sewer lines, utility lines, improvements to 32
fire stations and waterfront improvements along the Connecticut River 33
located within the district; 34
(3) "Approval for district improvements" means the issuance of any 35
permit or approval or the performance of any administrative action 36
required for any work performed in connection with the district 37
improvements; 38
(4) "Benefit assessment" means an assessment by the district for the 39
proportion of any cost, or estimated cost, and associated finance cost 40
whenever the district constructs, improves, extends, equips, 41
rehabilitates, repairs, acquires or provides a grant for any district 42
improvements or finances the cost of such improvements; 43
(5) "Commissioner" means the commissioner or commissioners 44
having jurisdiction over an approval for district improvements; 45
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(6) "Voter" means (A) any person who is an elector of the district, (B) 46
any citizen of the United States eighteen years of age or older who, 47
jointly or severally, is liable to the district for taxes assessed against such 48
citizen on an assessment of not less than one thousand dollars on the 49
last-completed grand list of such district, as the case may be, or who 50
would be so liable if not entitled to an exemption under subdivision (17), 51
(19), (22), (23) or (26) of section 12-81 of the general statutes, or (C) any 52
holder of record of an interest in real property within the district; and 53
(7) "Bonds" means bonds, notes or other obligations authorized by 54
this section, and refunding bonds, notes or other obligations to refinance 55
the same. 56
(b) (1) The mayor of the town of East Hartford shall, upon the petition 57
of fifteen or more persons eligible to vote in said town, specifying the 58
district for any or all of the purposes set forth in this section, call a 59
meeting of the voters to act upon such petition. Not later than thirty 60
days after receipt of such petition, the mayor shall designate the time 61
and place for such meeting. Not less than fourteen days prior to such 62
meeting, the mayor shall publish notice of such meeting in two 63
successive issues of a newspaper published or having substantial 64
circulation in the town. Not later than twenty-four hours before such 65
meeting, (A) two hundred or more voters or ten per cent of the total 66
number of voters of such proposed district, whichever is less, may 67
petition the mayor, in writing, for a referendum of the voters of such 68
proposed district, or (B) the mayor may, in the mayor's discretion, order 69
a referendum of the voters of such proposed district on the sole question 70
of whether the proposed district should be established. Any such 71
referendum shall be held not less than seven and not more than fourteen 72
days after the receipt of such petition or the date of such order, on a date 73
to be set by the mayor for a vote by paper ballots or by a "yes" or "no" 74
vote on the voting machines, during the hours between twelve o'clock 75
noon and eight o'clock p.m. Notwithstanding the provisions of any 76
special act, the town may provide for an earlier hour for opening the 77
polls by vote of its town council, provided such opening of the polls is 78
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not earlier than six o'clock a.m. If voters representing at least two-thirds 79
of the assessments of holders of record within the proposed district cast 80
votes in such referendum in favor of establishing the proposed district, 81
the mayor shall reconvene such meeting not later than seven days after 82
such referendum. Upon approval of the petition for the proposed 83
district by voters representing at least two-thirds of the assessments of 84
holders of record within the proposed district present at such meeting, 85
or if a referendum is held, upon the reconvening of such meeting after 86
such referendum, the voters may establish the district. The district shall, 87
upon the filing of the first report filed as provided in subsection (c) of 88
section 7-325 of the general statutes, be a body corporate and politic and 89
have the powers provided in sections 7-324 to 7-329, inclusive, of the 90
general statutes, not inconsistent with the general statutes, this section 91
and section 2 of this act, concerning the purposes for which the district 92
was established and that are necessary for the accomplishment of such 93
purposes, including the power to lay and collect taxes. The clerk of the 94
district shall cause the name of the district and a description of the 95
district's territorial limits to be recorded in, and a caveat be placed upon, 96
the land records of the town of East Hartford. 97
(2) At the meeting called for the purpose of establishing the district 98
as provided in subdivision (1) of this subsection, the voters may 99
establish the district for any or all of the following purposes: To (A) 100
extinguish fires, (B) light streets, (C) plant and care for shade and 101
ornamental trees, (D) plan, lay out, acquire, construct, maintain and 102
finance roads, sidewalks, crosswalks, drains, sewers and sewage 103
treatment facilities, parking facilities, open space, bulkhead repairs, 104
dredging and construction, environmental remediation and other 105
infrastructure improvements, (E) acquire, construct, maintain and 106
regulate the use of recreational facilities, (F) plan, lay out, acquire, 107
construct, reconstruct, repair, maintain, supervise and manage a flood 108
or erosion control system, and (G) plan, lay out, acquire, construct, 109
maintain, operate, finance and regulate the use of a community water 110
system, including any off-site locations or improvements made outside 111
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the district but related to or are made necessary by the establishment or 112
operation of the activities conducted within the district, including, but 113
not limited to, the district improvements. The district may contract with 114
a town, city, borough or other district for the carrying out of any of the 115
purposes specified in this subsection or for the purchase or sale of any 116
of the improvements for which the district was established. 117
(3) (A) At the meeting called for the purpose of establishing the 118
district as provided in subdivision (1) of this subsection, the voters shall 119
fix the date of the annual meeting of the voters for the election of district 120
officers and the transaction of such other business as may properly come 121
before such annual meeting. At such meeting of the district, the voters 122
shall elect a president, vice-president, five directors, a clerk and a 123
treasurer to serve until the first annual meeting for the election of 124
officers and thereafter such officers shall be elected annually, provided, 125
upon its organization and at all times thereafter, one director may be 126
appointed by the mayor of the town of East Hartford. 127
(B) At the first annual meeting of the district, the directors not 128
appointed by the mayor shall be elected to serve for one, two, three or 129
four years, respectively, and thereafter, such directors shall be elected to 130
serve for four-year terms as each term ends. Not fewer than three 131
members of the board of directors shall be residents of this state. 132
(C) Special meetings of the district may be called on the application 133
of ten per cent of the total number of voters of such district or twenty of 134
the voters of such district, whichever is less, or by the president or any 135
three directors upon giving notice as provided in this section. Any 136
special meeting called on the application of the voters shall be held not 137
later than twenty-one days after receiving such application. 138
(D) Notice of the holding of the annual meeting and all special 139
meetings shall be given by publication of a notice of such meetings in a 140
newspaper having a general circulation in the district not less than ten 141
days before the day of any such meeting, signed by the president or any 142
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three directors, and designate the time and place of such meeting and 143
the business to be transacted at such meeting. 144
(E) Two hundred or more persons or ten per cent of the total number 145
of voters of such district, whichever is less, may submit a written 146
petition to the clerk of such district not less than twenty-four hours prior 147
to any such meeting, requesting (i) that any item or items on the call of 148
such meeting be submitted to the voters of the district not less than 149
seven nor more than fourteen days thereafter, on a day to be set by the 150
district meeting or, if the district meeting does not set a date, by the 151
board of directors, or (ii) a vote by paper ballots or by a "yes" or "no" 152
vote on the voting machines, during the hours between twelve o'clock 153
noon and eight o'clock p.m., except that any district may, by vote of its 154
board of directors, provide for an earlier hour for opening the polls but 155
not earlier than six o'clock a.m. The paper ballots or voting machine 156
ballot labels, as the case may be, shall be provided by the clerk. When 157
such a petition has been filed with the clerk, the president, after 158
completion of other business and after discussion, shall adjourn such 159
meeting and order such vote on such item or items in accordance with 160
the petition, and any item so voted may be rescinded in the same 161
manner. The clerk shall phrase such item or items in a form suitable for 162
printing on such paper ballots or ballot labels. 163
(F) At any annual or special meeting, the voters may, by a majority 164
vote of those present, discontinue any purposes for which the district is 165
established or undertake any additional purpose or purposes 166
enumerated in subdivision (2) of this subsection. 167
(4) (A) A quorum for the transaction of business at the meeting called 168
for the purpose of establishing the district, as provided in subdivision 169
(1) of this subsection, shall be either fifteen voters of such district or a 170
majority of the holders of record of interests in real property within such 171
district, as long as the assessments of such holders of record constitute 172
more than one-half of the total of assessments for all interests in real 173
property within such district. If fifteen voters or a majority of the holders 174
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of record of interests in real property within such district are not present 175
at such meeting or the assessments of such holders of record constitute 176
less than one-half of the total of assessments for all interests in real 177
property within such district, the mayor may adjourn such meeting 178
until at least fifteen voters or a majority of the holders of record of 179
interests in real property within such district are present and the 180
assessments of such holders of record constitute more than one-half of 181
the total of assessments for all interests in real property within such 182
district. 183
(B) For the transaction of business at any other meeting of the district, 184
a quorum shall be either fifteen voters of the district or a majority of the 185
holders of record of interests in real property within such district, as 186
long as the assessments for such holders of record constitute more than 187
one-half of the total of assessments for all interests in real property 188
within such district. If fifteen voters or a majority of the holders of record 189
of interests in real property within such district are not present at such 190
meeting or the assessments of such holders of record constitute less than 191
one-half of the total assessments for all interests in real property within 192
such district, the president of the district or, in such president's absence, 193
the vice-president, may adjourn such meeting until at least fifteen voters 194
or a majority of the holders of record of interests in real property within 195
such district are present and the assessments of such holders of record 196
constitute more than one-half of the total of assessments for all interests 197
in real property within such district. Any meeting of the district where 198
a quorum is present may be adjourned by a vote of a majority of the 199
voters voting on the question. 200
(5) In any case in which an action for a vote by the voters of the district 201
is to be initiated by the petition of such voters, in addition to such other 202
requirements as the general statutes or any special act may impose, such 203
petition shall be on a form prescribed or approved by the clerk of such 204
district, and each page of such petition shall contain a statement, signed 205
under penalties of false statement, by the person who circulated the 206
same, setting forth such person's name and address, and stating that (A) 207
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each voter whose name appears on such page signed the same in person 208
in the presence of the person who circulated the petition, (B) such person 209
either knows each such voter or that the voter satisfactorily identified 210
themself to such person, and (C) each signature on such page was 211
obtained not earlier than six months before the filing of such petition. 212
Any page of a petition that does not contain such a statement by the 213
person who circulated such petition shall be invalid. Any person who 214
makes a false statement in the statement required by this subdivision 215
shall be subject to the penalty provided for false statement pursuant to 216
section 53a-157b of the general statutes. Any petition circulated 217
pursuant to this subdivision by a person who is not a voter of the district 218
shall be invalid. 219
(c) If (1) the officers of the district vote to terminate the district's 220
corporate existence, or (2) the district clerk receives a petition signed by 221
ten per cent of the total voters of such district or twenty of the voters of 222
such district, whichever is less, applying for a special meeting to vote on 223
the termination of the district, the clerk shall call a special meeting of the 224
voters of such district. The notice of such meeting shall be signed by the 225
officers of the district and be advertised as required by section 7-325 of 226
the general statutes. Not later than twenty-four hours before any such 227
meeting, two hundred or more voters or ten per cent of the total number 228
of voters, whichever is less, may petition the clerk of the district, in 229
writing, that a referendum on the question of whether the district should 230
be terminated be held in the manner provided in section 7-327 of the 231
general statutes. If, at such meeting, a two-thirds majority of the voters 232
present vote to terminate the corporate existence of the district, or, if a 233
referendum is held, two-thirds of the voters casting votes in such 234
referendum vote to terminate the corporate existence of the district, the 235
officers shall terminate the affairs of such district. The district shall pay 236
all outstanding indebtedness of the district and transfer the balance of 237
the assets of such district to the town in which the district is located 238
upon the approval of the town council. No district shall be terminated 239
under this section until all of its outstanding indebtedness is paid unless 240
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the town council agrees, in writing, to assume such indebtedness. On 241
completion of the duties of the officers of such district, the clerk shall 242
cause a certificate of the vote of such meeting to be recorded in the land 243
records of the town of East Hartford and the clerk shall notify the 244
Secretary of the Office of Policy and Management of such district's 245
termination. 246
(d) (1) At any meeting of the district, any tenant in common of any 247
interest in real property shall have a vote equal to the fraction of such 248
tenant in common's ownership of such interest. Any joint tenant of any 249
interest in real property shall vote as if each such tenant owned an equal 250
fractional share of such real property. A corporation shall have its vote 251
cast by the chief executive officer of such corporation, or such officer's 252
designee. An entity eligible to vote in the district that is not a corporation 253
shall have its vote cast by a person authorized by such entity to cast its 254
vote. No owner shall have more than one vote. 255
(2) No holder of record of an interest in real property shall be 256
precluded from participating in any district meeting or referendum 257
because of the form of entity that holds such interest, whether such 258
holder of record is (A) a corporation, partnership, unincorporated 259
association, trustee, fiduciary, guardian, conservator or other form of 260
entity, or any combination thereof, or (B) an individual who holds 261
interests jointly or in common with another individual or individuals, 262
or with any one or more of the entities listed in subparagraph (A) of this 263
subdivision. 264
(e) Notwithstanding any provision of the general statutes, including 265
sections 7-324 to 7-329, inclusive, the district shall have the power to 266
assess, levy and collect benefit assessments upon the land and buildings 267
in the district which, in its judgment, are benefited by the district 268
improvements. 269
(f) (1) Notwithstanding any provision of the general statutes, 270
including sections 7-324 to 7-329, inclusive, the district shall have the 271
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power to fix, revise, charge, collect, abate and forgive taxes, fees, rents 272
and benefit assessments, and other charges for the cost of the district 273
improvements, financing costs, operating expenses and other services 274
and commodities furnished or supplied to the real property in the 275
district in accordance with the applicable provisions of the general 276
statutes which apply to districts established under section 7-325 of the 277
general statutes and this section and in the manner prescribed by the 278
district. Notwithstanding any provision of the general statutes, the 279
district may pay the entire cost of any such improvements, including the 280
costs of financing such improvements, capitalized interest and the 281
funding of any reserve funds necessary to secure such financing or the 282
debt service of bonds or notes issued to finance such costs, from taxes, 283
fees, rents, benefit assessments or other revenues and may assess, levy 284
and collect such taxes, fees, rents or benefit assessments concurrently 285
with the issuance of bonds, notes or other obligations to finance such 286
improvements based on the estimated cost of the improvements prior 287
to the acquisition or construction of the improvements or upon the 288
completion or acquisition of the improvements. 289
(2) Notwithstanding any provision of the general statutes, whenever 290
the district constructs, improves, extends, equips, rehabilitates, repairs, 291
acquires or provides a grant for any district improvements or finances 292
the cost of such improvements, the district may assess a benefit 293
assessment, in a manner prescribed by such district, upon any property 294
benefited by such improvements. The balance of such costs not 295
recovered by a benefit assessment shall be paid from the general funds 296
of the district. The district may provide for the payment of such benefit 297
assessments in annual installments, not exceeding thirty such 298
installments, and may forgive such benefit assessments in any single 299
year without causing the remainder of installments of benefit 300
assessments to be forgiven. Benefit assessments to buildings or 301
structures constructed or expanded after the initial benefit assessment 302
may be assessed as if the new or expanded buildings or structures had 303
existed at the time of the original benefit assessment. The provision of 304
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open space within the district or in the town of East Hartford is deemed 305
a benefit to all the property in the district. 306
(3) To provide for the collection and enforcement of its taxes, fees, 307
rents, benefit assessments and other charges, the district is granted all 308
the powers and privileges as districts organized pursuant to section 7-309
325 of the general statutes, and as held by the town of East Hartford or 310
as otherwise provided in this section. Such taxes, fees, rents or benefit 311
assessments, if not paid when due, shall constitute a lien upon the 312
premises served and a charge against the owners of such premises, 313
which lien and charge shall bear interest at the same rate as delinquent 314
property taxes pursuant to section 12-146 of the general statutes. Each 315
such lien may be continued, recorded and released in the manner 316
provided for property tax liens and shall take precedence over all other 317
liens or encumbrances except a lien for taxes of the town of East 318
Hartford. Each such lien may be continued, recorded and released in the 319
manner provided for property tax liens. 320
(4) The board shall adopt and revise the budget, taxes, fees, rents, 321
benefit assessments and any other charges of the district of general 322
application at least annually, not more than thirty days before the 323
beginning of the fiscal year in accordance with procedures established 324
by the board at a meeting called by the board, which shall include a 325
requirement that interested persons be given notice and an opportunity 326
to be heard. The board shall hold at least two public hearings on its 327
schedule of fees, rates, rents, benefit assessments and other charges or 328
any revision of such fees, rates, rents, benefit assessments and charges 329
before adoption, notice of which shall be delivered to the mayor and 330
town council of the town of East Hartford and be published in a 331
newspaper of general circulation in said town not less than ten days 332
before the hearing. Not later than the date of the publication, the board 333
shall make available to the public and deliver to the mayor and the town 334
council of the town of East Hartford the proposed schedule of fees, rates, 335
rents, benefit assessments and other charges. 336
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(5) No benefit assessment shall be made until after a public hearing 337
before the board at which the owner of the property to be assessed shall 338
have an opportunity to be heard concerning the proposed assessment. 339
Notice of the time, place and purpose of such hearing shall be published 340
at least ten days before the date thereof in a newspaper having a general 341
circulation in the district, and a copy of such notice shall be mailed to 342
the owner of any property to be affected thereby at such owner's address 343
as shown in the last-completed grand list of the town or at any later 344
address of which the board may have knowledge. A copy of the 345
proposed assessment shall be on file in the office of the clerk of the 346
district and available for inspection by the public for at least ten days 347
before the date of such hearing. When the board has determined the 348
amount of the assessment to be levied, it shall file a copy thereof in the 349
office of the clerk of the district. Not later than five days after such filing, 350
the board shall cause a copy of such assessment to be published in a 351
newspaper having a general circulation in the district, and the district 352
shall mail a copy of such assessment to the owner of any property to be 353
affected thereby at such owner's address as shown in the last-completed 354
grand list of the town or at any later address of which the board may 355
have knowledge. Such publication and mailing shall state the date on 356
which such assessment was filed and that any appeals from such 357
assessment must be taken within twenty-one days after such filing. Any 358
person aggrieved by any assessment may appeal to the superior court 359
for the judicial district wherein the property is located and shall bring 360
any such appeal to a return day of the court not less than twelve nor 361
more than thirty days after service thereof and such appeal shall be 362
privileged in respect to its assignment for trial. The court may appoint a 363
state referee to appraise the benefits to such property and to make a 364
report of such referee's doings to the court. The judgment of the court, 365
either confirming or altering such assessment, shall be final. No such 366
appeal shall stay proceedings for the collection of the particular 367
assessment upon which the appeal is predicated, but the appellant shall 368
be reimbursed for any overpayments made if, as a result of such appeal, 369
such appellant's assessment is reduced. 370
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(6) If a benefit assessment is assessed and levied before the 371
acquisition or construction of the district improvements, the amount of 372
the benefit assessment shall be adjusted to reflect the actual cost of the 373
district improvements, including all financing costs, once such 374
improvements have been completed, should the actual cost be greater 375
than or less than the estimated costs. Benefit assessments shall be due 376
and payable at such times as are fixed by the board, provided the district 377
shall give notice of such due date not less than thirty days prior to such 378
due date by publication in a newspaper of general circulation in the 379
district and by mailing such notice to the owners of an assessed property 380
at such owner's last-known address. 381
(g) (1) Notwithstanding any provision of the general statutes, 382
including sections 7-324 to 7-329, inclusive, whenever the district has 383
authorized the acquisition or construction of the district improvements 384
or has made an appropriation therefor, the district may authorize the 385
issuance of (A) up to one hundred twenty-five million dollars of bonds, 386
notes or other obligations which may be secured as to both principal and 387
interest by (i) the full faith and credit of the district, (ii) fees, revenues or 388
benefit assessments, or (iii) a combination of both; (B) bonds, notes or 389
obligations exclusively secured as to both principal and interest by fees, 390
revenues, benefit assessments or charges imposed by the district in 391
relation to the property financed by the bonds, notes or obligations; and 392
(C) bonds, notes or obligations to refund outstanding bonds, notes or 393
obligations of the district. All such bonds shall be issued to finance or 394
refinance the cost of the district improvements, the creation and 395
maintenance of reserves required to sell the bonds, notes or obligations 396
and the cost of issuance of the bonds, notes or obligations, provided no 397
bonds shall be issued prior to the district entering into an interlocal 398
agreement with the town of East Hartford in accordance with section 7-399
339c of the general statutes, including at least one public hearing on the 400
proposed agreement and ratification by the town council. Such bonds, 401
notes or obligations shall be authorized by resolution of the board. The 402
district is authorized to secure such bonds by the full faith and credit of 403
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the district or by a pledge of or lien on all or part of its fees, revenues, 404
benefit assessments or charges. The bonds of each issue shall be dated, 405
shall bear interest at the rates and shall mature at the time or times not 406
exceeding thirty years from their date or dates, as determined by the 407
board, and may be redeemable before maturity, at the option of the 408
board, at the price or prices and under the terms and conditions fixed 409
by the board before the issuance of the bonds. The board shall determine 410
the form of the bonds, and the manner of execution of the bonds, and 411
shall fix the denomination of the bonds and the place or places of 412
payment of principal and interest, which may be at any bank or trust 413
company within this state and other locations as designated by the 414
board. In case any officer whose signature or a facsimile of whose 415
signature shall appear on any bonds or coupons shall cease to be an 416
officer before the delivery of the bonds, the signature or facsimile shall 417
nevertheless be valid and sufficient for all purposes the same as if the 418
officer had remained in office until the delivery. 419
(2) While any bonds or notes issued by the district remain 420
outstanding, the powers, duties or existence of the district shall not be 421
diminished or impaired in any way that will adversely affect the 422
interests and rights of the holders of the bonds or notes. Bonds or notes 423
issued under this section, unless otherwise authorized by law, shall not 424
be considered to constitute a debt of the state or the town of East 425
Hartford, or a pledge of the full faith and credit of the state or the town 426
of East Hartford, but the bonds or notes shall be payable solely by the 427
district or as special obligations payable from particular district 428
revenues. Any bonds or notes issued by the district shall contain on their 429
face a statement to the effect that neither the state nor the town of East 430
Hartford shall be obliged to pay the principal of or the interest thereon, 431
and that neither the full faith and credit or taxing power of the state or 432
the town of East Hartford is pledged to the payment of the bonds or 433
notes. All bonds or notes issued under this section shall have and are 434
hereby declared to have all the qualities and incidents of negotiable 435
instruments, as provided in title 42a of the general statutes. 436
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(h) (1) The board may authorize that the bonds be secured by a trust 437
agreement by and between the district and a corporate trustee, which 438
may be any trust company or bank having the powers of a trust 439
company within this state. The trust agreement may pledge or assign 440
the revenues. Either the resolution providing for the issuance of bonds 441
or the trust agreement may contain covenants or provisions for 442
protecting and enforcing the rights and remedies of the bondholders as 443
may be necessary, reasonable or appropriate and not in violation of law. 444
(2) Any expenses incurred in carrying out the trust agreement may 445
be treated as a part of the cost of the operation of the district. The pledge 446
by any trust agreement or resolution shall be valid and binding from 447
time to time when the pledge is made; the revenues or other moneys so 448
pledged and then held or thereafter received by the board shall 449
immediately be subject to the lien of the pledge without any physical 450
delivery thereof or further act; and the lien of the pledge shall be valid 451
and binding as against all parties having claims of any kind in tort, 452
contract or otherwise against the board, irrespective of whether the 453
parties have notice thereof. Notwithstanding any provision of the 454
Uniform Commercial Code, neither this subsection nor the resolution or 455
any trust agreement by which a pledge is created need be filed or 456
recorded except in the records of the board, and no filing need be made 457
under title 42a of the general statutes. 458
(i) Bonds or notes issued under this section are hereby made 459
securities in which all public officers and public bodies of the state and 460
its political subdivisions, all insurance companies, trust companies, 461
banking associations, investment companies, executors, administrators, 462
trustees and other fiduciaries may properly and legally invest funds, 463
including capital in their control and belonging to them, and such bonds 464
shall be securities which may properly and legally be deposited with 465
and received by any state or municipal officer or any agency or political 466
subdivision of the state for any purpose for which the deposit of bonds 467
or notes of the state is now or may hereafter be authorized by law. 468
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(j) Bonds may be issued under this section without obtaining the 469
consent of the state or the town of East Hartford, and without any 470
proceedings or the happening of any other conditions or things other 471
than those proceedings, conditions or things that are specifically 472
required thereof by this section, and the validity of and security for any 473
bonds issued by the district shall not be affected by the existence or 474
nonexistence of the consent or other proceedings, conditions or things. 475
(k) The district and all its receipts, revenues, income and real and 476
personal property shall be exempt from taxation and benefit 477
assessments, and the district shall not be required to pay any tax, excise 478
or assessment to or from the state or any of its political subdivisions. The 479
principal and interest on bonds or notes issued by the district shall be 480
free from taxation at all times, except for estate and gift, franchise and 481
excise taxes, imposed by the state or any political subdivision thereof, 482
provided nothing in this section shall act to limit or restrict the ability of 483
the state or the town of East Hartford to tax the individuals and 484
companies, or their real or personal property or any person living or 485
business operating within the boundaries of the district. 486
(l) The board shall at all times keep accounts of its receipts, 487
expenditures, disbursements, assets and liabilities, which shall be open 488
to inspection by a duly appointed officer or duly appointed agent of the 489
state or the town of East Hartford. The fiscal year of the district shall 490
begin on July first and end on the following June thirtieth or as 491
otherwise established by section 7-327 of the general statutes. The 492
district shall be subject to an audit of its accounts in the manner 493
provided in the general statutes. 494
(m) (1) The clerk of the district shall submit project activity reports 495
quarterly to the Secretary of the Office of Policy and Management and 496
to the chairpersons of the joint standing committee of the General 497
Assembly having cognizance of matters relating to finance, revenue and 498
bonding. Such reports shall provide information and updates on the 499
projects undertaken by the district, including the status of the design, 500
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financing, construction, sales and such other items as the secretary or 501
chairpersons may request. 502
(2) The district shall provide for the full disclosure of information 503
relating to the public financing and maintenance of the district 504
improvements. Such information shall be provided to any existing 505
residents and to all prospective residents of the district. The district shall 506
furnish each developer of a residential development within the district 507
with sufficient copies of such information to provide each prospective 508
initial purchaser of property in such district with a copy, and any 509
developer of a residential development within the district, when 510
required by law to provide a public offering statement, shall include a 511
copy of such information relating to the public financing and 512
maintenance of such improvements in the public offering statement. 513
(n) (1) This section shall be deemed to provide an additional, 514
alternative and complete method of accomplishing the purposes of this 515
section and exercising the powers authorized hereby and shall be 516
deemed and construed to be supplemental and additional to, and not in 517
derogation of, powers conferred upon the district by law and 518
particularly by sections 7-324 to 7-329, inclusive, of the general statutes; 519
provided insofar as the proceedings of this section are inconsistent with 520
any general statute or special act, or any resolution or ordinance of the 521
town of East Hartford, this section shall be controlling. 522
(2) Except as specifically provided in this section, all other statutes, 523
ordinances, resolutions, rules and regulations of the state and the town 524
of East Hartford shall be applicable to the property, residents and 525
businesses located in the district. Nothing in this section shall in any 526
way obligate the town of East Hartford to pay any costs for the 527
acquisition, construction, equipping or operation and administration of 528
the district improvements or to pledge any money or taxes to pay debt 529
service on bonds or notes issued by the district except as may be agreed 530
to in any interlocal agreements executed by the town of East Hartford 531
and the district. 532
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(o) The town of East Hartford may, by vote of the town council, 533
merge the district into the town of East Hartford if no bonds are issued 534
by the district not later than ten years after the effective date of this 535
section or after the bonds authorized by this section are no longer 536
outstanding. Upon such merger, any property that is owned by the 537
district shall be conveyed to the town of East Hartford. 538
(p) This section, being necessary for the welfare of the town of East 539
Hartford and its inhabitants, shall be liberally construed to effect the 540
purposes hereof. 541
Sec. 2. (NEW) (Effective October 1, 2025) (a) Notwithstanding any 542
provision of the general statutes, unless otherwise required by federal 543
law, the provisions of this section shall govern the issuance of any 544
approval for district improvements. If the district enters into a written 545
agreement with any public entity for work to be performed in 546
connection with the district improvements, including, but not limited 547
to, obtaining a permit, license or governmental approval, acquiring real 548
property or construction of sewer, water, steam or other utility 549
connections, any administrative action taken by such public entity in 550
connection with such work shall be governed by the provisions of this 551
section unless otherwise required by federal law or any other agreement 552
to which such public entity is bound. 553
(b) Any approval for district improvements shall be issued by the 554
commissioner with jurisdiction over such approval, or such other state 555
official as such commissioner shall designate, and no other agency, 556
commission, council, committee, panel or other body other than such 557
commissioner, unless specifically designated by such commissioner, 558
shall have jurisdiction over any such approval. No notice of a tentative 559
or final determination regarding any such approval and no notice of any 560
such approval shall be required except as provided in this section. 561
(c) Any application for an approval for district improvements 562
required by any applicable provision of the general statutes shall be 563
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submitted to the commissioner having jurisdiction as provided in this 564
subsection. The commissioner shall, to the extent practicable in the 565
discretion of the commissioner, adopt a master process to consider 566
multiple licenses, permits, approvals and administrative actions 567
pursuant to this section. Unless denied by the commissioner, any license 568
or permit shall be issued, approval shall be granted and administrative 569
action shall be taken not later than ten business days after the date of 570
submission of any such application. Any such application shall be 571
deemed granted as requested on the eleventh business day after the 572
submission of such application, or after a hearing is held on such 573
application as provided in this subsection, unless the commissioner has 574
denied such application or approved such application with conditions. 575
Any requirement for a permit or inspection by the State Building 576
Inspector or State Fire Marshal shall be satisfied if the district obtains a 577
certification from an engineer or other appropriate professional duly 578
certified or licensed in the state certifying that the work in connection 579
with the district improvements, to the extent such work is subject to 580
approval by the State Building Inspector or State Fire Marshal, is in 581
compliance with the State Building Code or fire code and safety 582
regulations, as applicable. 583
(d) Any hearing regarding all or part of the district improvements 584
shall be conducted by the commissioner. Notice of any such hearing 585
shall be published in a newspaper having a general circulation in the 586
district not more than ten and not less than five days before such 587
hearing. 588
(e) Any application, documentation or other records (1) submitted to 589
a commissioner, and (2) pertaining to an application for an approval for 590
district improvements, together with all records of the proceedings of 591
the commissioner relating to any such application, shall be a public 592
record and shall be made, maintained and disclosed in accordance with 593
the provisions of chapter 14 of the general statutes. 594
(f) In rendering a decision on any application for an approval for 595
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district improvements, a commissioner shall weigh all competent 596
material and substantial evidence presented by the applicant and the 597
public. The commissioner shall issue written findings and 598
determinations upon which any such decision is based. Such findings 599
and determinations shall consist of evidence presented, including such 600
information as the commissioner deems appropriate, provided such 601
information, to the extent applicable, relates to any major adverse health 602
or environmental impact of the overall district improvements. The 603
commissioner may reverse or modify any order or action at any time 604
upon the commissioner's own motion. The procedure for such reversal 605
or modification shall be the same as the procedure for the original 606
proceeding. 607
(g) Any administrative action taken by any commissioner in 608
connection with the district improvements may be appealed by a party 609
aggrieved by such action to the superior court for the judicial district of 610
Hartford in accordance with the provisions of section 4-183 of the 611
general statutes. Such appeal shall be brought not more than ten days 612
after the date the commissioner mails to the parties to the proceeding a 613
notice of such order, decision or action by certified mail, return receipt 614
requested. The appellant shall serve a copy of the appeal on each party 615
listed in the final order, decision or action at the address shown in such 616
decision. Failure to make such service within the ten days on parties 617
other than the commissioner who rendered the final order, decision or 618
action may not, in the discretion of the court, deprive the court of 619
jurisdiction over the appeal. Not later than ten days following the 620
service of such appeal, or within such further time as may be allowed 621
by the court, the commissioner who rendered such decision shall cause 622
any portion of the record that had not been transcribed to be transcribed 623
and shall cause the original or a certified copy of the entire record of the 624
proceeding appealed from to be transmitted to the reviewing court. The 625
record shall include the commissioner's findings of fact and conclusions 626
of law, separately stated. If more than one commissioner has jurisdiction 627
over the matter, such commissioners shall issue joint findings of fact and 628
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conclusions of law. The appeal shall state the reasons upon which such 629
appeal is predicated and, notwithstanding any provisions of the general 630
statutes, shall not stay the development of the improvements. The 631
commissioner who rendered the decision shall appear as the 632
respondent. Appeals to the superior court shall be privileged matters 633
and shall be heard as soon after the return date as practicable. The court 634
shall render its decision not later than twenty-one days after the date 635
that the entire record with the transcript is filed with the court by the 636
commissioner who rendered the decision. 637
(h) (1) In an appeal pursuant to subsection (g) of this section, the court 638
shall not substitute its judgment for that of the commissioner as to the 639
weight of the evidence presented on a question of fact. The court shall 640
affirm the decision of the commissioner unless the court finds that 641
substantial rights of the party appealing the decision have been 642
materially prejudiced because the administrative findings, inferences, 643
conclusions or decisions of the commissioner are: (A) In violation of 644
constitutional or statutory provisions, (B) in excess of the statutory 645
authority of the commissioner, (C) made upon unlawful procedure, (D) 646
affected by an error of law, (E) clearly erroneous in view of the reliable, 647
probative and substantial evidence on the whole record, or (F) arbitrary, 648
capricious or characterized by abuse of discretion or clearly 649
unwarranted exercise of discretion. 650
(2) If the court finds material prejudice, it may sustain the appeal, and 651
upon sustaining an appeal may render a judgment which modifies the 652
decision of the commissioner, orders particular action of the 653
commissioner or orders the commissioner to take such action as may be 654
necessary to effect a particular action. The commissioner may issue a 655
permit consistent with such judgment. An applicant may file an 656
amended application, and the commissioner may consider such 657
amended application for an approval for district improvements 658
following such court action. 659
(i) Except as provided in this section, the district improvements shall 660
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be exempt from the provisions of sections 14-311 to 14-314c, inclusive, 661
of the general statutes. 662
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2025 New section
Sec. 2 October 1, 2025 New section
Statement of Purpose:
To allow for the establishment of the Port Eastside Infrastructure
Improvement District.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]