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General Assembly Substitute Bill No. 7153
January Session, 2025
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. (NEW) (Effective October 1, 2025) (a) As used in this section 1
and 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
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 Substitute Bill No. 7153
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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 any 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 of a 44
state agency or state agencies that have jurisdiction over an approval for 45
district improvements; 46
(6) "Public entity" means the state and any agency, instrumentality or 47
political subdivision thereof; 48
(7) "Voter" means (A) any person who is an elector of the district, (B) 49 Substitute Bill No. 7153
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any citizen of the United States eighteen years of age or older who, 50
jointly or severally, is liable to the district for taxes assessed against such 51
citizen on an assessment of not less than one thousand dollars on the 52
last-completed grand list of such district, as the case may be, or who 53
would be so liable if not entitled to an exemption under subdivision (17), 54
(19), (22), (23) or (26) of section 12-81 of the general statutes, or (C) any 55
holder of record of an interest in real property within the district; and 56
(8) "Bonds" means bonds, notes or other obligations authorized by 57
this section, and refunding bonds, notes or other obligations to refinance 58
the same. 59
(b) (1) The mayor of the town of East Hartford shall, upon the petition 60
of fifteen or more persons eligible to vote in said town specifying the 61
district for any or all of the purposes set forth in this section, call a 62
meeting of the voters to act upon such petition. Not later than thirty 63
days after receipt of such petition, the mayor shall designate the time 64
and place for such meeting. Not less than fourteen days before such 65
meeting, the mayor shall publish notice of such meeting in two 66
successive issues of a newspaper published or having substantial 67
circulation in the town. Not later than twenty-four hours before such 68
meeting, (A) two hundred or more voters or ten per cent of the total 69
number of voters of such proposed district, whichever is less, may 70
petition the mayor, in writing, for a referendum of the voters of such 71
proposed district, or (B) the mayor may, in the mayor's discretion, order 72
a referendum of the voters of such proposed district on the sole question 73
of whether the proposed district should be established. Any such 74
referendum shall be held not less than seven and not more than fourteen 75
days after the receipt of such petition or the date of such order, on a date 76
to be set by the mayor for a vote by paper ballots or by a "yes" or "no" 77
vote on the voting machines, during the hours between twelve o'clock 78
noon and eight o'clock p.m. Notwithstanding the provisions of any 79
special act, the town may provide for an earlier hour for opening the 80
polls by vote of its town council, provided such opening of the polls is 81
not earlier than six o'clock a.m. If voters representing at least two-thirds 82
of the assessments of holders of record within the proposed district cast 83 Substitute Bill No. 7153
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votes in favor of establishing the proposed district in such referendum, 84
the mayor shall reconvene such meeting not later than seven days after 85
such referendum. Upon approval of the petition for the proposed 86
district by voters representing at least two-thirds of the assessments of 87
holders of record within the proposed district present at such meeting, 88
or, if a referendum is held, upon the reconvening of such meeting after 89
such referendum, the voters may establish the district. The district shall, 90
upon the filing of the first report filed as provided in subsection (c) of 91
section 7-325 of the general statutes, be a body corporate and politic and 92
have the powers provided in sections 7-324 to 7-329, inclusive, of the 93
general statutes, not inconsistent with the general statutes, this section 94
and section 2 of this act, concerning the purposes for which the district 95
was established and that are necessary for the accomplishment of such 96
purposes, including the power to lay and collect taxes. The clerk of the 97
district shall cause the name of the district and a description of the 98
district's territorial limits to be recorded in, and a caveat be placed upon, 99
the land records of the town of East Hartford. 100
(2) At the meeting called for the purpose of establishing the district 101
as provided in subdivision (1) of this subsection, the voters may 102
establish the district for any or all of the following purposes: To (A) 103
extinguish fires, (B) light streets, (C) plant and care for shade and 104
ornamental trees, (D) plan, lay out, acquire, construct, maintain and 105
finance roads, sidewalks, crosswalks, drains, sewers and sewage 106
treatment facilities, parking facilities, open space, bulkhead repairs, 107
dredging and construction, environmental remediation and other 108
infrastructure improvements, (E) acquire, construct, maintain and 109
regulate the use of recreational facilities, (F) plan, lay out, acquire, 110
construct, reconstruct, repair, maintain, supervise and manage a flood 111
or erosion control system, and (G) plan, lay out, acquire, construct, 112
maintain, operate, finance and regulate the use of a community water 113
system, including any off-site locations or improvements made outside 114
the district but related to or made necessary by the establishment or 115
operation of the activities conducted within the district, including, but 116
not limited to, the district improvements. The district may contract with 117 Substitute Bill No. 7153
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a town, city, borough or other district for the carrying out of any of the 118
purposes specified in this subsection or for the purchase or sale of any 119
of the improvements for which the district was established. 120
(3) (A) At the meeting called for the purpose of establishing the 121
district as provided in subdivision (1) of this subsection, the voters shall 122
fix the date of the annual meeting of the voters for the election of district 123
officers and the transaction of such other business as may properly come 124
before such annual meeting. At such meeting of the district, the voters 125
shall elect a president, vice-president, five directors, a clerk and a 126
treasurer to serve until the first annual meeting for the election of 127
officers and thereafter such officers shall be elected annually, provided, 128
upon its organization and at all times thereafter, one director may be 129
appointed by the mayor of the town of East Hartford. 130
(B) At the first annual meeting of the district, the directors not 131
appointed by the mayor shall be elected to serve for one, two, three or 132
four years, respectively, and thereafter such directors shall be elected to 133
serve for four-year terms as each term ends. Not fewer than three 134
members of the board of directors shall be residents of this state. 135
(C) Special meetings of the district may be called on the application 136
of ten per cent of the total number of voters of such district or twenty of 137
the voters of such district, whichever is less, or by the president or any 138
three directors upon giving notice as provided in this section. Any 139
special meeting called on the application of the voters shall be held not 140
later than twenty-one days after receiving such application. 141
(D) Notice of the holding of the annual meeting and all special 142
meetings shall (i) be given by publication of a notice of such meetings in 143
a newspaper having a general circulation in the district not less than ten 144
days before the day of any such meeting, (ii) be signed by the president 145
or any three directors, and (iii) designate the time and place of such 146
meeting and the business to be transacted at such meeting. 147
(E) Two hundred or more persons or ten per cent of the total number 148
of voters of such district, whichever is less, may submit a written 149 Substitute Bill No. 7153
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petition to the clerk of such district not less than twenty-four hours prior 150
to any such meeting, requesting (i) that any item or items on the call of 151
such meeting be submitted to the voters of the district not less than 152
seven nor more than fourteen days thereafter, on a day to be set by the 153
district meeting or, if the district meeting does not set a date, by the 154
board of directors, or (ii) a vote by paper ballots or by a "yes" or "no" 155
vote on the voting machines, during the hours between twelve o'clock 156
noon and eight o'clock p.m., except that any district may, by vote of its 157
board of directors, provide for an earlier hour for opening the polls but 158
not earlier than six o'clock a.m. The paper ballots or voting machine 159
ballot labels, as the case may be, shall be provided by the clerk. When 160
such a petition has been filed with the clerk, the president, after 161
completion of other business and after discussion, shall adjourn such 162
meeting and order such vote on such item or items in accordance with 163
the petition, and any item so voted may be rescinded in the same 164
manner. The clerk shall phrase such item or items in a form suitable for 165
printing on such paper ballots or ballot labels. 166
(F) At any annual or special meeting, the voters may, by a majority 167
vote of those present, discontinue any purposes for which the district is 168
established or undertake any additional purpose or purposes 169
enumerated in subdivision (2) of this subsection. 170
(4) (A) A quorum for the transaction of business at the meeting called 171
for the purpose of establishing the district, as provided in subdivision 172
(1) of this subsection, shall be either fifteen voters of such district or a 173
majority of the holders of record of interests in real property within such 174
district, as long as the assessments of such holders of record constitute 175
more than one-half of the total of assessments for all interests in real 176
property within such district. If fifteen voters or a majority of the holders 177
of record of interests in real property within such district are not present 178
at such meeting or the assessments of such holders of record constitute 179
less than one-half of the total of assessments for all interests in real 180
property within such district, the mayor may adjourn such meeting 181
until at least fifteen voters or a majority of the holders of record of 182
interests in real property within such district are present and the 183 Substitute Bill No. 7153
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assessments of such holders of record constitute more than one-half of 184
the total of assessments for all interests in real property within such 185
district. 186
(B) For the transaction of business at any other meeting of the district, 187
a quorum shall be either fifteen voters of the district or a majority of the 188
holders of record of interests in real property within such district, 189
provided the assessments for such holders of record constitute more 190
than one-half of the total of assessments for all interests in real property 191
within such district. If fifteen voters or a majority of the holders of record 192
of interests in real property within such district are not present at such 193
meeting or the assessments of such holders of record constitute less than 194
one-half of the total assessments for all interests in real property within 195
such district, the president of the district or, in such president's absence, 196
the vice-president may adjourn such meeting until at least fifteen voters 197
or a majority of the holders of record of interests in real property within 198
such district are present and the assessments of such holders of record 199
constitute more than one-half of the total of assessments for all interests 200
in real property within such district. Any meeting of the district where 201
a quorum is present may be adjourned by a vote of a majority of the 202
voters voting on the question. 203
(5) In any case in which an action for a vote by the voters of the district 204
is to be initiated by the petition of such voters, in addition to such other 205
requirements as the general statutes or any special act may impose, such 206
petition shall be on a form prescribed or approved by the clerk of such 207
district, and each page of such petition shall contain a statement, signed 208
under penalties of false statement, by the person who circulated the 209
same, setting forth such person's name and address, and stating that (A) 210
each voter whose name appears on such page signed the same in person 211
in the presence of the person who circulated the petition, (B) such person 212
either knows each such voter or that the voter satisfactorily identified 213
such voter to such person, and (C) each signature on such page was 214
obtained not earlier than six months before the filing of such petition. 215
Any page of a petition that does not contain such a statement by the 216
person who circulated such petition shall be invalid. Any person who 217 Substitute Bill No. 7153
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makes a false statement in the statement required by this subdivision 218
shall be subject to the penalty for false statements pursuant to section 219
53a-157b of the general statutes. Any petition circulated pursuant to this 220
subdivision by a person who is not a voter of the district shall be invalid. 221
(c) If (1) the officers of the district vote to terminate the district's 222
corporate existence, or (2) the district clerk receives a petition signed by 223
ten per cent of the total voters of such district or twenty of the voters of 224
such district, whichever is less, applying for a special meeting to vote on 225
the termination of the district, the clerk shall call a special meeting of the 226
voters of such district. The notice of such meeting shall be signed by the 227
officers of the district and be advertised as required by section 7-325 of 228
the general statutes. Not later than twenty-four hours before any such 229
meeting, two hundred or more voters or ten per cent of the total number 230
of voters, whichever is less, may petition the clerk of the district, in 231
writing, that a referendum on the question of whether the district should 232
be terminated be held in the manner provided in section 7-327 of the 233
general statutes. If, at such meeting, a two-thirds majority of the voters 234
present vote to terminate the corporate existence of the district, or, if a 235
referendum is held, two-thirds of the voters casting votes in such 236
referendum vote to terminate the corporate existence of the district, the 237
officers shall terminate the affairs of such district. The district shall pay 238
all outstanding indebtedness of the district and transfer the balance of 239
the assets of such district to the town in which the district is located 240
upon the approval of the town council. No district shall be terminated 241
under this section until all of its outstanding indebtedness is paid unless 242
the town council agrees, in writing, to assume such indebtedness. On 243
completion of the duties of the officers of such district, the clerk shall 244
cause a certificate of the vote of such meeting to be recorded in the land 245
records of the town of East Hartford and the clerk shall notify the 246
Secretary of the Office of Policy and Management of such district's 247
termination. 248
(d) (1) At any meeting of the district, any tenant in common of any 249
interest in real property shall have a vote equal to the fraction of such 250
tenant in common's ownership of such interest. Any joint tenant of any 251 Substitute Bill No. 7153
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interest in real property shall vote as if each such tenant owned an equal 252
fractional share of such real property. A corporation shall have its vote 253
cast by the chief executive officer of such corporation, or such officer's 254
designee. An entity eligible to vote in the district that is not a corporation 255
shall have its vote cast by a person authorized by such entity to cast its 256
vote. No owner shall have more than one vote. 257
(2) No holder of record of an interest in real property shall be 258
precluded from participating in any district meeting or referendum 259
because of the form of entity that holds such interest, whether such 260
holder of record is (A) a corporation, partnership, unincorporated 261
association, trustee, fiduciary, guardian, conservator or other form of 262
entity, or any combination thereof, or (B) an individual who holds 263
interests jointly or in common with another individual or individuals, 264
or with any one or more of the entities listed in subparagraph (A) of this 265
subdivision. 266
(e) Notwithstanding any provision of the general statutes, including 267
sections 7-324 to 7-329, inclusive, the district shall have the power to 268
assess, levy and collect benefit assessments upon the land and buildings 269
in the district which, in its judgment, are benefited by the district 270
improvements. 271
(f) (1) Notwithstanding any provision of the general statutes, 272
including sections 7-324 to 7-329, inclusive, of the general statutes, the 273
district shall have the power to fix, revise, charge, collect, abate and 274
forgive taxes, fees, rents and benefit assessments, and other charges for 275
the cost of the district improvements, financing costs, operating 276
expenses and other services and commodities furnished or supplied to 277
the real property in the district in accordance with the provisions of the 278
general statutes applicable to districts established under section 7-325 of 279
the general statutes as provided in this section and in the manner 280
prescribed by the district. Notwithstanding any provision of the general 281
statutes, the district may pay the entire cost of any such improvements, 282
including the costs of financing such improvements, capitalized interest 283
and the funding of any reserve funds necessary to secure such financing 284 Substitute Bill No. 7153
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or the debt service of bonds or notes issued to finance such costs, from 285
taxes, fees, rents, benefit assessments or other revenues and may assess, 286
levy and collect such taxes, fees, rents or benefit assessments 287
concurrently with the issuance of bonds, notes or other obligations to 288
finance such improvements based on the estimated cost of the 289
improvements before the acquisition or construction of the district 290
improvements or upon the completion or acquisition of such 291
improvements. 292
(2) Notwithstanding any provision of the general statutes, whenever 293
the district constructs, improves, extends, equips, rehabilitates, repairs, 294
acquires or provides a grant for any district improvements or finances 295
the cost of such improvements, the district may assess a benefit 296
assessment, in a manner prescribed by the district, upon any property 297
benefited by such improvements. The balance of such costs not 298
recovered by a benefit assessment shall be paid from the general funds 299
of the district. The district may provide for the payment of such benefit 300
assessments in annual installments, not exceeding thirty such 301
installments, and may forgive such benefit assessments in any single 302
year without causing the remainder of installments of benefit 303
assessments to be forgiven. Benefit assessments to buildings or 304
structures constructed or expanded after the initial benefit assessment 305
may be assessed as if the new or expanded buildings or structures had 306
existed at the time of the original benefit assessment. The provision of 307
open space within the district or in the town of East Hartford is deemed 308
a benefit to all the property in the district. 309
(3) To provide for the collection and enforcement of its taxes, fees, 310
rents, benefit assessments and other charges, the district is granted all 311
the powers and privileges as districts organized pursuant to section 7-312
325 of the general statutes, and as held by the town of East Hartford or 313
as otherwise provided in this section. Such taxes, fees, rents or benefit 314
assessments, if not paid when due, shall constitute a lien upon the 315
premises served and a charge against the owners of such premises, 316
which lien and charge shall bear interest at the same rate as delinquent 317
property taxes pursuant to section 12-146 of the general statutes. Each 318 Substitute Bill No. 7153
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such lien may be continued, recorded and released in the manner 319
provided for property tax liens and shall take precedence over all other 320
liens or encumbrances except a lien for taxes of the town of East 321
Hartford. Each such lien may be continued, recorded and released in the 322
manner provided for property tax liens. 323
(4) The board shall adopt and revise the budget, taxes, fees, rents, 324
benefit assessments and any other charges of the district of general 325
application at least annually, not more than thirty days before the 326
beginning of the fiscal year in accordance with procedures established 327
by the board at a meeting called by the board, which shall include a 328
requirement that interested persons be given notice and an opportunity 329
to be heard. The board shall hold at least two public hearings on its 330
schedule of fees, rates, rents, benefit assessments and other charges or 331
any revision of such fees, rates, rents, benefit assessments and charges 332
before adoption, notice of which shall be delivered to the mayor and 333
town council of the town of East Hartford and be published in a 334
newspaper of general circulation in said town not less than ten days 335
before the hearing. Not later than the date of the publication, the board 336
shall make available to the public and deliver to the mayor and the town 337
council of the town of East Hartford the proposed schedule of fees, rates, 338
rents, benefit assessments and other charges. 339
(5) No benefit assessment shall be made without a public hearing 340
before the board. The owner of the property to be assessed shall have an 341
opportunity to be heard concerning the proposed assessment at such 342
hearing. Notice of the time, place and purpose of such hearing shall be 343
published not less than ten days before the date of such hearing in a 344
newspaper having a general circulation in the district, and a copy of 345
such notice shall be mailed to the owner of any property that may be 346
impacted by such assessment at such owner's address on the most recent 347
grand list of the town or at any address of which the board may have 348
knowledge. A copy of any proposed assessment shall be made available 349
for inspection in the office of the district clerk for not less than ten days 350
before the date of such hearing. 351 Substitute Bill No. 7153
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(6) When the board has determined the amount of the assessment to 352
be levied, the board shall file a copy of such assessment in the office of 353
the district clerk. Not later than five days after such filing, the board 354
shall cause a copy of such assessment to be published in a newspaper 355
having a general circulation in the district, and the district shall mail a 356
copy of such assessment to the owner of any property that may be 357
impacted by such assessment at such owner's address on the most recent 358
grand list of the town or at any other address of which the board may 359
have knowledge. Such publication and mailing shall state the date on 360
which such assessment was filed and that any appeals from such 361
assessment must be taken within twenty-one days after such filing. Any 362
person aggrieved by an assessment pursuant to this section may appeal 363
to the superior court for the judicial district in which the property is 364
located. The return date of such appeal shall be not less than twelve and 365
not more than thirty days after the service of such appeal. Such appeal 366
shall be privileged in assignment for trial. The court may appoint a state 367
referee to appraise the benefits to such property and to make a report of 368
such referee's doings to the court. The judgment of the court, either 369
confirming or altering such assessment, shall be final. No such appeal 370
shall stay proceedings for the collection of the particular assessment 371
upon which the appeal is predicated, but the appellant shall be 372
reimbursed for any overpayments made if, as a result of such appeal, 373
such appellant's assessment is reduced. 374
(7) If a benefit assessment is assessed and levied before the 375
acquisition or construction of the district improvements, the amount of 376
the benefit assessment shall be adjusted to reflect the actual cost of the 377
district improvements, including all financing costs, once such 378
improvements have been completed, should the actual cost be greater 379
than or less than the estimated costs. Benefit assessments shall be due 380
and payable at such times as are fixed by the board, provided the district 381
shall give notice of such due date not less than thirty days prior to such 382
due date by publication in a newspaper of general circulation in the 383
district and by mailing such notice to the owners of an assessed property 384
at such owner's last-known address. 385 Substitute Bill No. 7153
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(g) (1) Notwithstanding any provision of the general statutes, 386
including sections 7-324 to 7-329, inclusive, whenever the district has 387
authorized the acquisition or construction of the district improvements 388
or has made an appropriation therefor, the district may authorize the 389
issuance of (A) up to one hundred twenty-five million dollars of bonds, 390
notes or other obligations which may be secured as to both principal and 391
interest by (i) the full faith and credit of the district, (ii) fees, revenues or 392
benefit assessments, or (iii) a combination of both; (B) bonds, notes or 393
obligations exclusively secured as to both principal and interest by fees, 394
revenues, benefit assessments or charges imposed by the district in 395
relation to the property financed by the bonds, notes or obligations; and 396
(C) bonds, notes or obligations to refund outstanding bonds, notes or 397
obligations of the district. All such bonds shall be issued to finance or 398
refinance the cost of the district improvements, the creation and 399
maintenance of reserves required to sell the bonds, notes or obligations 400
and the cost of issuance of the bonds, notes or obligations, provided no 401
bonds shall be issued prior to the district entering into an interlocal 402
agreement with the town of East Hartford in accordance with section 7-403
339c of the general statutes, including at least one public hearing on the 404
proposed agreement and ratification by the town council. Such bonds, 405
notes or obligations shall be authorized by resolution of the board. The 406
district is authorized to secure such bonds by the full faith and credit of 407
the district or by a pledge of or lien on all or part of its fees, revenues, 408
benefit assessments or charges. The bonds of each issue shall be dated, 409
shall bear interest at the rates and shall mature at the time or times not 410
exceeding thirty years from their date or dates, as determined by the 411
board, and may be redeemable before maturity, at the option of the 412
board, at the price or prices and under the terms and conditions fixed 413
by the board before the issuance of the bonds. The board shall determine 414
the form of the bonds, and the manner of execution of the bonds, and 415
shall fix the denomination of the bonds and the place or places of 416
payment of principal and interest, which may be at any bank or trust 417
company within this state and other locations as designated by the 418
board. In case any officer whose signature or a facsimile of whose 419
signature shall appear on any bonds or coupons shall cease to be an 420 Substitute Bill No. 7153
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officer before the delivery of the bonds, the signature or facsimile shall 421
nevertheless be valid and sufficient for all purposes the same as if the 422
officer had remained in office until the delivery. 423
(2) While any bonds or notes issued by the district remain 424
outstanding, the powers, duties or existence of the district shall not be 425
diminished or impaired in any way that will adversely affect the 426
interests and rights of the holders of the bonds or notes. The bonds or 427
notes issued under this section shall be payable solely by the district or 428
as special obligations payable from particular district revenues, and, 429
unless otherwise authorized by law, shall not be considered to 430
constitute a debt of the state or the town of East Hartford, or a pledge of 431
the full faith and credit of the state or the town of East Hartford. Any 432
bonds or notes issued by the district shall contain on their face a 433
statement to the effect that neither the state nor the town of East 434
Hartford shall be obliged to pay the principal of or the interest thereon, 435
and that neither the full faith and credit or taxing power of the state or 436
the town of East Hartford is pledged to the payment of the bonds or 437
notes. All bonds or notes issued under this section shall have all the 438
qualities and incidents of negotiable instruments as provided in title 42a 439
of the general statutes. 440
(h) (1) The board may authorize that the bonds be secured by a trust 441
agreement by and between the district and a corporate trustee. Such 442
trustee shall be any trust company or bank having the powers of a trust 443
company within this state. Such trust agreement may pledge or assign 444
the revenues. Either the resolution providing for the issuance of bonds 445
or the trust agreement may contain covenants or provisions for 446
protecting and enforcing the rights and remedies of the bondholders as 447
may be lawful, necessary, reasonable or appropriate . 448
(2) Any expenses incurred in carrying out the trust agreement may 449
be treated as an operating cost of the district. The pledge by any trust 450
agreement or resolution shall be valid and binding from when the 451
pledge is made. Any revenues or other moneys so pledged and held or 452
thereafter received by the board shall immediately be subject to the lien 453 Substitute Bill No. 7153
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of the pledge without any physical delivery thereof or further act, and 454
the lien of the pledge shall be valid and binding as against all parties 455
having claims of any kind in tort, contract or otherwise against the 456
board, irrespective of whether the parties have notice thereof. 457
Notwithstanding any provision of the Uniform Commercial Code, 458
neither this subsection nor the resolution or any trust agreement by 459
which a pledge is created need be filed or recorded except in the records 460
of the board, and no filing need be made under title 42a of the general 461
statutes. 462
(i) Bonds or notes issued under this section are hereby made 463
securities in which all public officers and public bodies of the state and 464
its political subdivisions, all insurance companies, trust companies, 465
banking associations, investment companies, executors, administrators, 466
trustees and other fiduciaries may properly and legally invest funds, 467
including capital in their control and belonging to them, and such bonds 468
shall be securities which may properly and legally be deposited with 469
and received by any state or municipal officer or any agency or political 470
subdivision of the state for any purpose for which the deposit of bonds 471
or notes of the state is now or may hereafter be authorized by law. 472
(j) Bonds may be issued under this section without obtaining the 473
consent of the state or the town of East Hartford and without any 474
proceedings or conditions unless required by this section, and the 475
validity of and security for any bonds issued by the district shall not be 476
affected by the existence or nonexistence of such consent or other 477
proceedings or conditions. 478
(k) The district and all its receipts, revenues, income and real and 479
personal property shall be exempt from taxation and benefit 480
assessments, and the district shall not be required to pay any tax, excise 481
or assessment to or from the state or any of its political subdivisions. The 482
principal and interest on bonds or notes issued by the district shall be 483
free from taxation, except for estate and gift, franchise and excise taxes 484
imposed by the state or any political subdivision thereof, provided 485
nothing in this section shall act to limit or restrict the ability of the state 486 Substitute Bill No. 7153
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or the town of East Hartford to tax the individuals and companies, or 487
their real or personal property or any person living or business 488
operating within the boundaries of the district. 489
(l) The board shall at all times keep accounts of its receipts, 490
expenditures, disbursements, assets and liabilities, which shall be open 491
to inspection by a duly appointed officer or duly appointed agent of the 492
state or the town of East Hartford. The fiscal year of the district shall 493
begin on July first and end on the following June thirtieth unless 494
otherwise established by section 7-327 of the general statutes. The 495
district shall be subject to an audit of its accounts in the manner 496
provided in the general statutes. 497
(m) (1) The district clerk shall submit quarterly project activity 498
reports to the Secretary of the Office of Policy and Management and to 499
the chairpersons of the joint standing committee of the General 500
Assembly having cognizance of matters relating to finance, revenue and 501
bonding. Such reports shall provide information and updates on the 502
projects undertaken by the district, including the status of the design, 503
financing, construction, sales and such other items as the secretary or 504
chairpersons may request. 505
(2) The district shall provide for the full disclosure of information 506
relating to the public financing and maintenance of the district 507
improvements. Such information shall be provided to any existing 508
residents and to all prospective residents of the district. The district shall 509
furnish each developer of a residential development within the district 510
with sufficient copies of such information to provide each prospective 511
initial purchaser of property in such district with a copy, and any 512
developer of a residential development within the district, when 513
required by law to provide a public offering statement, shall include a 514
copy of such information relating to the public financing and 515
maintenance of such improvements in the public offering statement. 516
(n) (1) This section shall be deemed to provide an additional, 517
alternative and complete method of accomplishing the purposes of this 518 Substitute Bill No. 7153
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section and exercising the powers authorized hereby and shall be 519
deemed and construed to be supplemental and additional to, and not in 520
derogation of, powers conferred upon the district by law and 521
particularly by sections 7-324 to 7-329, inclusive, of the general statutes, 522
provided if any provision of this section is inconsistent with any general 523
statute or special act, or any resolution or ordinance of the town of East 524
Hartford, this section shall control. 525
(2) Except as provided in this section, all other statutes, ordinances, 526
resolutions, rules and regulations of the state and the town of East 527
Hartford shall be applicable to the property, residents and businesses 528
located in the district. Nothing in this section shall in any way obligate 529
the town of East Hartford to pay any costs for the acquisition, 530
construction, equipping or operation and administration of the district 531
improvements or to pledge any money or taxes to pay debt service on 532
bonds or notes issued by the district except as may be agreed to in any 533
interlocal agreements executed by the town of East Hartford and the 534
district. 535
(o) The town of East Hartford may, by vote of the town council, 536
merge the district into the town of East Hartford if no bonds are issued 537
by the district not later than ten years after the effective date of this 538
section or after the bonds authorized by this section are no longer 539
outstanding. Upon such merger, any property that is owned by the 540
district shall be conveyed to the town of East Hartford. 541
(p) This section, being necessary for the welfare of the town of East 542
Hartford and its inhabitants, shall be liberally construed to effect the 543
purposes hereof. 544
Sec. 2. (NEW) (Effective October 1, 2025) (a) Notwithstanding any 545
provision of the general statutes, unless otherwise required by federal 546
law, the provisions of this section shall govern the issuance of any 547
approval for district improvements concerning the Port Eastside 548
Infrastructure Improvement District established pursuant to section 1 of 549
this act. If the district enters into a written agreement with any public 550 Substitute Bill No. 7153
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entity for work to be performed in connection with the district 551
improvements, including, but not limited to, obtaining a permit, license 552
or governmental approval, acquiring real property or construction of 553
sewer, water, steam or other utility connections, any administrative 554
action taken by such public entity in connection with such work shall be 555
governed by the provisions of this section unless otherwise required by 556
federal law or any other agreement to which such public entity is bound. 557
(b) Any approval for district improvements shall be issued by the 558
commissioner with jurisdiction over such approval, or such other state 559
official as such commissioner shall designate, and no other agency, 560
commission, council, committee, panel or other body other than such 561
commissioner, unless specifically designated by such commissioner, 562
shall have jurisdiction over any such approval. No notice of a tentative 563
or final determination regarding any such approval and no notice of any 564
such approval shall be required except as provided in this section. 565
(c) Any application for an approval for district improvements 566
required by any applicable provision of the general statutes shall be 567
submitted to the commissioner having jurisdiction as provided in this 568
subsection. The commissioner shall, to the extent practicable in the 569
discretion of the commissioner, adopt a master process to consider 570
multiple licenses, permits, approvals and administrative actions 571
pursuant to this section. Unless denied by the commissioner, any license 572
or permit shall be issued, approval shall be granted as requested and 573
administrative action shall be taken not later than ten business days 574
after the date of submission of any such application unless a hearing is 575
required to be held concerning such application. Such application shall 576
be deemed granted as requested on the eleventh business day after a 577
hearing is held on such application unless the commissioner has denied 578
such application or approved such application with conditions. Any 579
requirement for a permit or inspection by the State Building Inspector 580
or State Fire Marshal shall be satisfied if the district obtains a 581
certification from an engineer or other appropriate professional duly 582
certified or licensed in the state certifying that the work in connection 583
with the district improvements, to the extent such work is subject to 584 Substitute Bill No. 7153
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approval by the State Building Inspector or State Fire Marshal, is in 585
compliance with the State Building Code or fire code and safety 586
regulations, as applicable. 587
(d) Any hearing regarding all or part of the district improvements 588
shall be conducted by the commissioner. Notice of any such hearing 589
shall be published in a newspaper having a general circulation in the 590
district not more than ten and not less than five days before such 591
hearing. 592
(e) Any application, documentation or other records (1) submitted to 593
a commissioner, and (2) pertaining to an application for an approval for 594
district improvements, together with all records of the proceedings of 595
the commissioner relating to any such application, shall be a public 596
record and shall be made, maintained and disclosed in accordance with 597
the provisions of chapter 14 of the general statutes. 598
(f) In rendering a decision on any application for an approval for 599
district improvements, a commissioner shall weigh all competent 600
material and substantial evidence presented by the applicant and the 601
public. The commissioner shall issue written findings and 602
determinations upon which any such decision is based. Such findings 603
and determinations shall consist of evidence presented, including such 604
information as the commissioner deems appropriate, provided such 605
information, to the extent applicable, relates to any major adverse health 606
or environmental impact of the overall district improvements. The 607
commissioner may reverse or modify any order or action at any time 608
upon the commissioner's own motion. The procedure for such reversal 609
or modification shall be the same as the procedure for the original 610
proceeding. 611
(g) Any administrative action taken by any commissioner in 612
connection with the district improvements may be appealed by a party 613
aggrieved by such action to the superior court for the judicial district of 614
Hartford in accordance with the provisions of section 4-183 of the 615
general statutes. Such appeal shall be brought not more than ten days 616 Substitute Bill No. 7153
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after the date the commissioner mails to the parties to the proceeding a 617
notice of such order, decision or action by certified mail, return receipt 618
requested. The appellant shall serve a copy of the appeal on each party 619
listed in the final order, decision or action at the address shown in such 620
decision. Failure to make such service within the ten days on parties 621
other than the commissioner who rendered the final order, decision or 622
action may not, in the discretion of the court, deprive the court of 623
jurisdiction over the appeal. Not later than ten days following the 624
service of such appeal, or within such further time as may be allowed 625
by the court, the commissioner who rendered such decision shall cause 626
any portion of the record that had not been transcribed to be transcribed 627
and shall cause the original or a certified copy of the entire record of the 628
proceeding appealed from to be transmitted to the reviewing court. The 629
record shall include the commissioner's findings of fact and conclusions 630
of law, separately stated. If more than one commissioner has jurisdiction 631
over the matter, such commissioners shall issue joint findings of fact and 632
conclusions of law. The appeal shall state the reasons upon which such 633
appeal is predicated and, notwithstanding any provisions of the general 634
statutes, shall not stay the development of the improvements. The 635
commissioner who rendered the decision shall appear as the 636
respondent. Appeals to the superior court shall be privileged matters 637
and shall be heard as soon after the return date as practicable. The court 638
shall render its decision not later than twenty-one days after the date 639
that the entire record with the transcript is filed with the court by the 640
commissioner who rendered the decision. 641
(h) (1) In an appeal pursuant to subsection (g) of this section, the court 642
shall not substitute its judgment for that of the commissioner as to the 643
weight of the evidence presented on a question of fact. The court shall 644
affirm the decision of the commissioner unless the court finds that 645
substantial rights of the party appealing the decision have been 646
materially prejudiced because the administrative findings, inferences, 647
conclusions or decisions of the commissioner are: (A) In violation of 648
constitutional or statutory provisions, (B) in excess of the statutory 649
authority of the commissioner, (C) made upon unlawful procedure, (D) 650 Substitute Bill No. 7153
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affected by an error of law, (E) clearly erroneous in view of the reliable, 651
probative and substantial evidence on the whole record, or (F) arbitrary, 652
capricious or characterized by abuse of discretion or clearly 653
unwarranted exercise of discretion. 654
(2) If the court finds material prejudice, it may sustain the appeal, and 655
upon sustaining an appeal may render a judgment that modifies the 656
decision of the commissioner, orders particular action of the 657
commissioner or orders the commissioner to take such action as may be 658
necessary to effect a particular action. The commissioner may issue a 659
permit consistent with such judgment. An applicant may file an 660
amended application, and the commissioner may consider such 661
amended application for an approval for district improvements 662
following such court action. 663
(i) Except as provided in this section, the district improvements shall 664
be exempt from the provisions of sections 14-311 to 14-314c, inclusive, 665
of the general statutes. 666
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 Legislative Commissioners:
In Section 1(a)(4), "any" was added before "associated finance cost" for
consistency; in Section 1(b)(1), "prior to" was changed to "before" for
conciseness and minor revisions were made for clarity; in Section
1(b)(3)(D), clause designators were added for clarity; Section 1(f)(1) was
reworded for clarity, conciseness and accuracy; in Section 1(f)(2), "such
district" was changed to "the district" for accuracy; in Section 1(g)(2), the
second sentence was rewritten for clarity; Section 1(h)(1) was rewritten
for clarity and accuracy; Section 1(h)(2) was rewritten for clarity and
conformance with drafting standards; Section 1(j) was rewritten for
clarity; in Section 1(k), "at all times" was deleted for conciseness; in
Section 1(l), "or as" was changed to "unless" for accuracy; and in Section
2(h)(2), "which" was changed to "that" for grammar.
Substitute Bill No. 7153
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PD Joint Favorable Subst.