Bill Text: CT HB06629 | 2013 | General Assembly | Introduced
Bill Title: An Act Concerning Regionalism In Connecticut.
Spectrum: Moderate Partisan Bill (Democrat 15-1-1)
Status: (Engrossed - Dead) 2013-06-04 - Senate Calendar Number 701 [HB06629 Detail]
Download: Connecticut-2013-HB06629-Introduced.html
General Assembly |
Raised Bill No. 6629 | ||
January Session, 2013 |
LCO No. 4173 | ||
*04173_______PD_* | |||
Referred to Committee on PLANNING AND DEVELOPMENT |
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Introduced by: |
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(PD) |
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AN ACT CONCERNING REGIONALISM IN CONNECTICUT.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 16a-4c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
[(a) On or before January 1, 2014, and at least every twenty years thereafter, the Secretary of the Office of Policy and Management, within available appropriations, and in consultation with regional planning organizations, as defined in section 4-124i, the Connecticut Conference of Municipalities, the Connecticut Council of Small Towns and the chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to planning and development, shall conduct an analysis of the boundaries of logical planning regions designated or redesignated under section 16a-4a. As part of such analysis, the secretary shall evaluate opportunities for coordinated planning and the regional delivery of state and local services. Such analysis shall include, but not be limited to, an evaluation of (1) economic regions, including regional economic development districts established pursuant to chapter 588ff; (2) comprehensive economic development strategies developed by such regional economic development districts; (3) labor market areas and workforce investment regions; (4) natural boundaries, including watersheds, coastlines, ecosystems and habitats; (5) relationships between urban, suburban and rural areas, including central cities and areas outside of the state; (6) census and other demographic information; (7) political boundaries, including municipal boundaries and congressional, senate and assembly districts; (8) transportation corridors, connectivity and boundaries, including the boundaries of metropolitan planning agencies; (9) current federal, state and municipal service delivery regions, including, but not limited to, regions established to provide emergency, health, transportation or human services; and (10) the current capacity of each regional planning organization to deliver diverse state and local services. Such analysis shall also establish a minimum size for logical planning areas that takes into consideration the number of municipalities, total population, total square mileage and whether the proposed planning region will have the capacity to successfully deliver necessary regional services. The secretary may enter into such contractual agreements as may be necessary to carry out the purposes of this subsection.
(b) Any two or more contiguous planning regions that contain a total of fourteen or more municipalities and voluntarily consolidate to form a single regional council of governments or regional council of elected officials shall be exempt from redesignation pursuant to subsection (a) of this section, provided the Secretary of the Office of Policy and Management formally redesignates such planning regions prior to January 1, 2014. The secretary may, in his or her discretion, waive the requirement that such redesignated planning region contain a total of fourteen or more municipalities.
(c) (1) The secretary shall, not later than January 1, 2014, notify the chief executive officer of each municipality located in a planning region in which the boundaries are proposed for redesignation. If the legislative body of the municipality objects to such proposed redesignation, the chief executive officer of the municipality may, not later than thirty days after the date of receipt of the notice of redesignation, petition the secretary to attend a meeting of such legislative body. The petition shall specify the location, date and time of the meeting. The meeting shall be held not later than sixty days after the date of the petition. The secretary shall make a reasonable attempt to appear at the meeting, or at a meeting on another date within the sixty-day period. If the secretary is unable to attend a meeting within the sixty-day period, the secretary and the chief executive officer of the municipality shall jointly schedule a date and time for the meeting, provided such meeting shall be held not later than two hundred ten days after the date of the notice to the chief executive officer. At such meeting, the legislative body of the municipality shall inform the secretary of the objections to the proposed redesignation of the planning area boundaries. The secretary shall consider fully the oral and written objections of the legislative body and may redesignate the boundaries. Not later than sixty days after the date of the meeting, the secretary shall notify the chief executive officer of the determination concerning the proposed redesignation. The notice of determination shall include the reasons for such determination. As used in this subsection, "municipality" means a town, city or consolidated town and borough; "legislative body" means the board of selectmen, town council, city council, board of alderman, board of directors, board of representatives or board of the warden and burgesses of a municipality; and "secretary" means the Secretary of the Office of Policy and Management or the designee of the secretary.
(2) Any revision to the boundaries of a planning area, based on the analysis completed pursuant to subsection (a) of this section or due to a modification by the secretary in accordance with this subsection, shall be effective on January 1, 2015.]
(a) On or before January 1, 2015, any regional planning agency created pursuant to sections 8-31a to 8-37a, inclusive, and any regional council of elected officials, as defined in subdivision (2) of section 4-124i, as amended by this act, shall be restructured to form a regional council of governments as provided in section 4-124j, as amended by this act, and the boundaries of planning regions designated pursuant to section 16a-4a, as amended by this act, shall conform to the boundaries of the eight Connecticut counties constituted pursuant to section 6-1, except as otherwise provided in subsection (b) or (c) of this section.
(b) On or before July 1, 2014, the legislative body of any town bordering a county line may determine the adjacent region of which to become a member.
(c) On or before January 1, 2015, any two or more counties may voluntarily consolidate to form a single regional council of governments.
(d) A regional council of governments may accept or participate in any grant, donation or program available to any political subdivision of the state and may also accept or participate in any grant, donation or program made available to counties by any other governmental or private entity. Notwithstanding the provisions of any special or public act, any political subdivision of the state may enter into an agreement with a regional council of governments to perform jointly or to provide, alone or in cooperation with any other entity, any service, activity or undertaking that the political subdivision is authorized by law to perform. A regional council of governments established pursuant to this section may administer and provide regional services to municipalities and may delegate such authority to subregional groups of such municipalities. Regional services provided to member municipalities shall be determined by each regional council of governments and may include, without limitation, the following services: (1) Engineering; (2) inspectional and planning; (3) economic development; (4) public safety; (5) emergency management; (6) animal control; (7) land use management; (8) tourism promotion; (9) social; (10) health; (11) education; (12) data management; (13) regional sewerage; (14) housing; (15) computerized mapping; (16) household hazardous waste collection; (17) recycling; (18) public facility siting; (19) coordination of master planning; (20) vocational training and development; (21) solid waste disposal; (22) fire protection; (23) regional resource protection; (24) regional impact studies; and (25) transportation.
Sec. 2. Section 4-66k of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
There is established an account to be known as the "regional performance incentive account" which shall be a separate, nonlapsing account within the General Fund. The account shall contain any moneys required by law to be deposited in the account. Moneys in the account shall be expended by the Secretary of the Office of Policy and Management for the purposes of (1) providing grants under the regional performance incentive program established pursuant to section 4-124s, and (2) providing funding to [the Voluntary Regional Consolidation Bonus Pool established pursuant to subsection (b) of section 4-124q] newly formed regional councils of governments for direct transactional costs associated with such formation as required by section 16a-4c, as amended by this act.
Sec. 3. Section 4-124q of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
[(a)] There shall annually be paid to each [regional planning agency organized under the provisions of chapter 127, each] regional council of governments organized under the provisions of this chapter [, and each regional council of elected officials organized under the provisions of this chapter in any planning region without a regional planning agency, from any appropriation for such purpose,] a grant-in-aid equal to [(1) five and three-tenths per cent of any such appropriation plus (2) for each agency or council which raises local dues in excess of five and three-tenths per cent of any such appropriation, an additional grant in an amount equal to the product obtained by multiplying any appropriation available for the purpose of this subdivision by the following fraction: The amount of dues raised by such agency or council pursuant to section 8-34a, section 4-124f or section 4-124p in excess of five and three-tenths of any such appropriation shall be the numerator. The amount of such dues raised by each such agency or council in excess of five and three-tenths per cent of any such appropriation shall be added together and the sum shall be the denominator] two hundred thousand dollars plus one dollar per capita.
[(b) There is established a Voluntary Regional Consolidation Bonus Pool to be administered by the Secretary of the Office of Policy and Management and funded by moneys received from the regional performance incentive account established in section 4-66k. In addition to the annual payment to each regional planning agency under subsection (a) of this section, there shall be an additional payment made from said bonus pool to any two or more regional planning agencies, regional councils of governments or regional council of elected officials in any planning region without a regional planning agency, or any such combination thereof, that have (1) voted to merge forming a new regional council of governments or regional council of elected officials within a proposed or newly redesignated planning region boundary, and (2) submitted to said secretary a request for redesignation pursuant to subdivision (4) of section 16a-4a. Payments from said bonus pool shall be made to offset any and all reasonable costs, as determined by the secretary, associated with any such voluntary consolidation. Prior to issuing any payment pursuant to this subsection, the secretary shall review and approve each proposed consolidation to determine that such proposed consolidation is an appropriate and sustainable redesignated planning region. For the fiscal years ending June 30, 2012, and June 30, 2013, a payment shall be made under this subsection to any such approved consolidated planning region on a first-come, first-served basis. For the fiscal years ending June 30, 2013, June 30, 2014, and June 30, 2015, the secretary shall make a supplemental payment from said bonus pool, within available appropriations, to any regional council of governments or regional council of elected officials that is created in one of said fiscal years by consolidating two or more regional councils of governments, regional councils of elected officials or regional planning agencies, provided such consolidated regional council of governments or regional council of elected officials contains a combined total of fourteen or more municipalities. Such supplemental payment shall be equal to fifty per cent of the payment made pursuant to this subsection to offset the reasonable costs of voluntary consolidation. The secretary may waive the requirement that a consolidated regional council of governments or regional council of elected officials contain a combined total of fourteen or more municipalities.]
Sec. 4. Section 4-124s of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) For purposes of this section:
(1) "Regional council of governments" means any such council organized under the provisions of sections 4-124i to 4-124p, inclusive, as amended by this act;
[(2) "Regional council of elected officials" means any such council organized under the provisions of sections 4-124c to 4-124h, inclusive;
(3) "Regional planning agency" means an agency defined in chapter 127;]
[(4)] (2) "Municipality" means a town, city or consolidated town and borough;
[(5)] (3) "Legislative body" means the board of selectmen, town council, city council, board of alderman, board of directors, board of representatives or board of the mayor and burgesses of a municipality; and
[(6)] (4) "Secretary" means the Secretary of the Office of Policy and Management or the designee of the secretary.
(b) There is established a regional performance incentive program that shall be administered by the Secretary of the Office of Policy and Management. On or before December 1, 2011, any [regional planning agency, any regional council of elected officials, any] regional council of governments, any two or more municipalities, any economic development district or any combination thereof, may submit to said secretary a proposal for joint provision of a service or services that are currently provided by municipalities within the region of such [agency or] council or contiguous thereto, but not currently provided on a regional basis. On or before December 31, 2011, and annually thereafter, any such entity may submit a proposal to the secretary for: (1) The joint provision of any service that one or more participating municipalities of such council [or agency] currently provide but which is not provided on a regional basis, or (2) a planning study regarding the joint provision of any service on a regional basis. A copy of said proposal shall be sent to the legislators representing said participating municipalities.
(c) (1) An entity specified in subsection (a) of this section shall submit each proposal in the form and manner the secretary prescribes and shall, at a minimum, provide the following information for each proposal: (A) Service description; (B) the explanation of the need for such service; (C) the method of delivering such service on a regional basis; (D) the organization that would be responsible for regional service delivery; (E) a description of the population that would be served; (F) the manner in which regional service delivery will achieve economies of scale; (G) the amount by which participating municipalities will reduce their mill rates as a result of savings realized; (H) a cost benefit analysis for the provision of the service by each participating municipality and by the entity submitting the proposal; (I) a plan of implementation for delivery of the service on a regional basis; (J) a resolution endorsing such proposal approved by the legislative body of each participating municipality; and (K) an explanation of the potential legal obstacles, if any, to the regional provision of the service.
(2) The secretary shall review each proposal and shall award grants for proposals the secretary determines best meet the requirements of this section. In awarding such grants, the secretary shall give priority to a proposal submitted by (A) any entity specified in subsection (a) of this section that includes participation of all of the member municipalities of such entity, and which may increase the purchasing power of participating municipalities or provide a cost savings initiative resulting in a decrease in expenses of such municipalities, allowing such municipalities to lower property taxes, and (B) any economic development district.
(d) The secretary shall submit to the Governor and the joint standing committee of the General Assembly having cognizance of matters relating to finance, revenue and bonding a report on the grants provided pursuant to this section. Each such report shall include information on the amount of each grant, and the potential of each grant for leveraging other public and private investments. The secretary shall submit a report for the fiscal year commencing July 1, 2011, not later than February 1, 2012, and shall submit a report for each subsequent fiscal year not later than the first day of March in such fiscal year. Such reports shall include the property tax reductions achieved by means of the program established pursuant to this section.
Sec. 5. (NEW) (Effective from passage) (a) As used in this section: (1) "Northeastern Region" means the towns of Ashford, Brooklyn, Canterbury, Eastford, Killingly, Plainfield, Pomfret, Putnam, Sterling, Thompson, Union and Woodstock, which together constitute the Northeastern Council of Governments organized under the provisions of sections 4-124i to 4-124p, inclusive, of the general statutes, as amended by this act; (2) "Capital Region" means the towns of Andover, Avon, Bloomfield, Bolton, Canton, East Granby, East Hartford, East Windsor, Ellington, Enfield, Farmington, Glastonbury, Granby, Hartford, Hebron, Manchester, Marlborough, Newington, Rocky Hill, Simsbury, Somers, South Windsor, Stafford, Suffield, Tolland, Vernon, West Hartford, Wethersfield, Windsor and Windsor Locks, which together constitute the Capital Region Council of Governments organized under the provisions of sections 4-124i to 4-124p, inclusive, of the general statutes, as amended by this act; (3) "Valley Region" means the towns of Ansonia, Derby, Seymour and Shelton, which together constitute the Valley Council of Governments organized under the provisions of sections 4-124i to 4-124p, inclusive, of the general statutes, as amended by this act; and (4) "human services" and "negotiated investment strategies" shall have the same meanings as in section 17a-750 of the general statutes.
(b) (1) The Northeastern Council of Governments shall coordinate the development of a pilot program in the Northeastern Region. The goal of the pilot program shall be to allow local governments, in partnership with public and private providers of human services and human service users, educators, businesses and other appropriate individuals or groups, as determined by such regional council, to establish a program to address the human service needs of the region through a negotiated investment strategy as an alternative to the existing state and federal human services system. Such pilot program shall be submitted, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to planning and development and human services not later than February 5, 2014.
(2) The pilot program shall include the establishment of a regional human services advisory council to prepare the plan required pursuant to subdivision (4) of this subsection. The council shall be comprised of the chief elected officials of the member towns of the Northeastern Region, members of the General Assembly representing the Northeastern Region, public and private human service providers and service users, educators, labor representatives, businesses and other appropriate individuals or groups as determined by the regional human services advisory council. The chairpersons of the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, planning and development, commerce and human services, or their designees, shall be ex-officio members of the advisory council without the right to vote. The Secretary of the Office of Policy and Management, or the secretary's designee, shall be an ex-officio member of the advisory council and shall provide to the advisory council any available information pertinent to the accomplishment of the goals set forth in subdivision (4) of this subsection. State and federal agencies involved in providing human services may be ex-officio members of the council without the right to vote.
(3) On or before October 1, 2014, the regional human services advisory council shall develop and submit to the Secretary of the Office of Policy and Management, on behalf of the Northeastern Region a format and time line for the development and revision of a five-year strategic plan that addresses the human services needs of such region.
(4) The five-year strategic plan shall: (A) Be developed by means of a negotiated investment strategy; (B) set forth goals to meet basic human needs for the Northeastern Region and establish benchmarks to measure progress towards achieving such goals; (C) make recommendations for the use of funds available under the regional services pilot program and related funds, including an implementation schedule and a budget detailing the specific use of funds; (D) identify regional issues, needs and resources and address efficiency and effectiveness of service delivery; (E) include a description of the planning process used to identify needs and set priorities from the region, the programs to be funded and eligibility standards to be used, if any; (F) be consistent with the planning and policy objectives of the state that are implemented in the state budget; (G) include a project component, updated annually, that relates specific regional and local proposals to state planning goals; (H) include a finance component that describes the administration and fund distribution process; (I) identify state and federal funding sources; and (J) make recommendations for legislation to implement the plan for the biennium beginning July 1, 2015. Such strategic plan shall be submitted to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, planning and development, labor, commerce and human services.
(5) On or before January 1, 2015, the Northeastern Council of Governments shall submit, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, planning and development, labor, commerce and human services, a plan for the biennium beginning July 1, 2015, to make available to the Northeastern Region all state and federal funds appropriated for human services. Such plan shall be consistent with the five-year strategic plan prepared pursuant to this section and budget adjustments made by the General Assembly, and may include recommendations for legislation and for applications for waivers of federal laws or regulations.
(c) The Capital Region Council of Governments, in consultation with the Office of Policy and Management, shall coordinate the development of a pilot program in the Capital Region for consideration by the General Assembly. The goal of the program shall be to propose a project to improve services and improve cost efficiency in an existing regional services area not later than one hundred eighty days from enactment.
(d) (1) The Valley Council of Governments shall coordinate the development of a pilot program in the Valley Region for consideration by the General Assembly for the biennium beginning July 1, 2013, and continuing four years through the biennium beginning July 1, 2015. The Valley Council of Governments, in consultation with the Department of Economic and Community Development, shall implement a project to transfer administration of the United States Department of Housing and Urban Development Community Development Block Grant Small Cities Program for the towns of Ansonia, Derby, Seymour and Shelton to the Valley Council of Governments.
(2) The Department of Economic and Community Development shall subgrant directly to the Valley Council of Governments the full amount of funds attributable to the towns of Ansonia, Derby, Seymour and Shelton pursuant to United States Department of Housing and Urban Development indicators of poverty and need, including any amounts for program administration. The Valley Council of Governments shall exercise full discretion to expend all such funds in conformity with 24 CFR Part 570 and the state's consolidated plan for housing and community development prepared pursuant to section 8-37t of the general statutes. On or before July 1, 2015, and July 1, 2017, the Valley Council of Governments and the Department of Economic and Community Development shall, in accordance with the provisions of section 11-4a of the general statutes, make a joint report to the General Assembly's program review and investigation committee (A) outlining the total expenditure for each agency's portion of the United States Department of Housing and Urban Development Community Development Block Grant Small Cities Program, (B) identifying and comparing detailed costs for program administration and grantmaking, and (C) providing the General Assembly with a basis for determining whether it would be beneficial to devolve the entire program to the regional level.
(e) The Northeastern Council of Governments and the Capital Region Council of Governments shall each receive two hundred fifty thousand dollars from the regional performance incentive account on July 1, 2013, to cover the costs of their respective pilot programs.
Sec. 6. Subsection (a) of section 2-79a of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
(a) There shall be a Connecticut Advisory Commission on Intergovernmental Relations. The purpose of the commission shall be to enhance coordination and cooperation between the state and local governments. The commission shall consist of the president pro tempore of the Senate, the speaker of the House of Representatives, the minority leader of the Senate, the minority leader of the House of Representatives, the Secretary of the Office of Policy and Management, the Commissioners of Education, Environmental Protection, Economic and Community Development, or their designees, and sixteen additional members as follows: (1) Six municipal officials appointed by the Governor, four of whom shall be selected from a list of nominees submitted to him by the Connecticut Conference of Municipalities and two of whom shall be selected from a list submitted by the Council of Small Towns. Two of such six officials shall be from towns having populations of twenty thousand or less persons, two shall be from towns having populations of more than twenty thousand but less than sixty thousand persons and two shall be from towns having populations of sixty thousand or more persons; (2) two local public education officials appointed by the Governor, one of whom shall be selected from a list of nominees submitted to him by the Connecticut Association of Boards of Education and one of whom shall be selected from a list submitted by the Connecticut Association of School Administrators; (3) one representative of a regional council of governments [or a regional planning agency] appointed by the Governor from a list of nominees submitted to him by the Regional Planning Association of Connecticut; (4) five persons who do not hold elected or appointed office in state or local government, one of whom shall be appointed by the Governor, one of whom shall be appointed by the president pro tempore of the Senate, one of whom shall be appointed by the speaker of the House of Representatives, one of whom shall be appointed by the minority leader of the Senate and one of whom shall be appointed by the minority leader of the House of Representatives; (5) one representative of the Connecticut Conference of Municipalities appointed by said conference; and (6) one representative of the Council of Small Towns appointed by said council. Each member of the commission appointed pursuant to subdivisions (1) to (6), inclusive, of this subsection shall serve for a term of two years. All other members shall serve for terms which are coterminous with their terms of office. The Governor shall appoint a chairperson and a vice-chairperson from among the commission members. Members of the General Assembly may serve as gubernatorial appointees to the commission. Members of the commission shall not be compensated for their services but shall be reimbursed for necessary expenses incurred in the performance of their duties.
Sec. 7. Section 4-124i of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
As used in sections 4-124i to 4-124p, inclusive, as amended by this act:
(1) "Planning region" means a planning region of the state as defined or redefined by the Secretary of the Office of Policy and Management, or his designee under the provisions of section 16a-4a, as amended by this act;
[(2) "Regional council of elected officials" means any regional council of elected officials organized under the provisions of this chapter;
(3) "Regional planning agency" means any regional planning agency organized under the provisions of chapter 127;]
[(4)] (2) "Chief elected official" means the highest ranking elected governmental official of any town, city or borough within the state;
[(5)] (3) "Elected official" means any selectman, mayor, alderman, or member of a common council or other similar legislative body of any town or city, or warden or burgess of any borough;
[(6)] (4) "Council" means a regional council of governments organized under the provisions of sections 4-124i to 4-124p, inclusive, as amended by this act;
[(7)] (5) "Member" means any town, city or borough within a planning region of the state having become a member of a regional council of governments in accordance with [said] sections 4-124i to 4-124p, inclusive, as amended by this act;
[(8) "Regional planning organization" means a regional council of governments organized under the provisions of sections 4-124i to 4-124p, inclusive, a regional council of elected officials organized under the provisions of sections 4-124c to 4-124h, inclusive, or a regional planning agency organized under the provisions of chapter 127.]
Sec. 8. Section 4-124j of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
Within any planning region of the state a regional council of governments may be created by the adoption of sections 4-124i to 4-124p, inclusive, as amended by this act, by ordinance of the legislative bodies of not less than sixty per cent of all towns, cities and boroughs within such planning region entitled to membership on such council as hereinafter provided. [Where any regional council of elected officials, or a regional planning agency, exist within a planning region, a regional council of governments may be created either as hereinabove provided, or by the adoption of said sections by resolution of any such regional council or councils of elected officials and any such regional planning agency, and the ratification of any such resolution by ordinance of the legislative bodies of not less than sixty per cent of all such towns, cities and boroughs.] All towns, cities and boroughs within a planning region shall be entitled to membership on such council, including any city or borough with boundaries not coterminous with the boundaries of the town in which it is located. Any nonmember town, city or borough entitled to membership may join the council by the adoption of said sections by ordinance of its legislative body. Any member town, city or borough may withdraw from the council by adoption of an appropriate ordinance of its legislative body to become effective on the date of such adoption; provided, however, that any such withdrawing member shall be obligated to pay its pro rata share of expenses of operation and pro rata share of funds committed by the council to active programs as of such date of withdrawal.
Sec. 9. Section 4-124l of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
[(a)] Upon the adoption of sections 4-124i to 4-124p, inclusive, as amended by this act, or upon the ratification of a resolution adopting said sections, as provided in section 4-124j, by any town, city or borough entitled to membership on a regional council of governments, the clerk of such town, city or borough shall immediately prepare and file with the Secretary of the Office of Policy and Management, or his or her designee a certified copy of the adopting or ratifying ordinance, and, upon receipt of such certified ordinances from not less than sixty per cent of all such towns, cities and boroughs within a planning region, said secretary or his or her designee shall certify to such towns, cities and boroughs and all other eligible towns, cities and boroughs within the planning region, that a regional council of governments has been duly established within such planning region. Any subsequent ordinances adopting the provisions of said sections, or effecting the withdrawal from the council of a member shall be similarly filed. [Except as hereinafter provided in this section, upon the establishment of a regional council of governments within a planning region in accordance with said sections, no regional council of elected officials nor regional planning agency shall be subsequently established within such planning region.]
[(b) If at the time of the adoption or ratification of the provisions of said sections by the requisite sixty per cent majority of all eligible towns, cities and boroughs within a planning region there exists within such planning region a regional council of elected officials, or regional planning agency, or both, the existence and activities of any such regional council of elected officials or regional planning agency shall continue uninterrupted for the duration of a transitional period commencing with the certification of the establishment of the council by the Secretary of the Office of Policy and Management, or his designee pursuant to subsection (a) of this section. The chief elected officials of each town, city or borough subsequently adopting said sections, or in the absence of a chief elected official, an elected official appointed by the legislative body of any such member, shall constitute a transitional executive committee of the regional council of governments during such transitional period. Any such transitional executive committee acting under this subsection shall have the following authority and responsibilities: (1) To draft and propose bylaws for adoption by the council; (2) to select and propose for election by the council, candidates for offices of the council which may include any one or more members of the transitional committee; (3) to propose staffing arrangements, for adoption by the council; (4) to prepare and propose, for adoption by the council, a program of planning and implementation activities, which shall provide for the assumption of such active programs of any such existing regional council of elected officials or regional planning agency, as such executive committee may deem appropriate and a budget for a period not to exceed one year following such transitional period; (5) to propose, for adoption by the council, the date upon which such transitional period shall terminate, which date shall not be later than one year from the date of certification by the secretary of the office of policy and management, or his designee of the establishment of the council.
(c) Upon the expiration of the transitional period provided for under subsection (b) of this section, the regional council of governments shall succeed to and be responsible for all of the rights, privileges and obligations, whether statutory or contractual, of any regional council of elected officials, or regional planning agency, or both, within the planning region, and no regional council of elected officials nor regional planning agency shall be subsequently created within such planning region, except as provided in subsection (d) of this section.
(d) If at any time after the establishment within a planning region of a regional council of governments the members of the council shall constitute less than forty per cent of all eligible towns, cities and boroughs within such planning region, the council shall thereafter be deemed a regional council of elected officials without the rights and duties of a regional planning agency for as long as and until the membership of the council shall again constitute not less than sixty per cent of all such eligible cities, towns and boroughs within the planning region. Whenever the members of the council shall constitute less than forty per cent of all such eligible towns, cities and boroughs within the planning region, a regional council of elected officials and a regional planning agency may be established within such region under the general statutes, as amended.]
Sec. 10. Section 4-124u of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
(a) As used in this section, [:] "proposed project of regional significance" means a proposed project, to be built by a private developer, that is an open air theater, shopping center or other development that is planned to create more than (A) five hundred thousand square feet of indoor commercial or industrial space, (B) two hundred fifty residential housing units in structures under four stories, or (C) one thousand parking spaces.
[(1) "Regional planning organization" means (A) a regional council of governments organized under the provisions of sections 4-124i to 4-124p, inclusive, (B) a regional council of elected officials organized under the provisions of sections 4-124c to 4-124h, inclusive, or (C) a regional planning agency organized under the provisions of chapter 127; and
(2) "Proposed project of regional significance" means a proposed project, to be built by a private developer, that is an open air theater, shopping center or other development that is planned to create more than (A) five hundred thousand square feet of indoor commercial or industrial space, (B) two hundred fifty residential housing units in structures under four stories, or (C) one thousand parking spaces.]
(b) Each regional [planning organization] council of governments shall establish a voluntary process for applicants to any state or municipal agency, department or commission to request a preapplication review of proposed projects of regional significance. Such process shall determine the components of the review which shall include a procedure to assure that all relevant municipalities and regional and state agencies provide the applicant with (1) preliminary comment on the project, which shall be in a form determined by the agency, (2) summaries of the review process of each agency, and (3) an opportunity for the applicant to discuss the project with representatives of each relevant municipality or state agency at a meeting convened by the regional [planning organization] council of governments. At least one representative from each relevant municipality and each state agency, department or commission shall participate in a review of a proposed project of regional significance upon request of a regional [planning organization] council of governments at a meeting convened for such purpose, provided (A) the regional [planning organization] council of governments notifies each agency, department or commission of any such meeting no later than the date three weeks before the date of such meeting, and (B) no such organization shall convene more than one such meeting in any quarter of a calendar year. Nothing in this section shall be deemed to prevent two or more regional [planning organizations] councils of governments from convening joint meetings to carry out the provisions of this section. The regional [planning organization] council of governments shall prepare a report of the comments of the agencies reviewing the proposal and provide a copy of such report to the applicant and each reviewing agency.
(c) No results or information obtained from the preapplication review established under this section shall be appealed under any provision of the general statutes and no such results or information shall be binding on the applicant or any authority, commission, department, agency or other official having jurisdiction to review the proposed project.
Sec. 11. Subdivision (10) of section 4-230 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
(10) "Audited agency" means a district, as defined in section 7-324, the Metropolitan District of Hartford County, a regional board of education, [a regional planning agency] a regional council of governments, any other political subdivision of similar character which is created or any other agency created or designated by a municipality to act for such municipality whose annual receipts from all sources exceed one million dollars or any tourism district established under section 10-397;
Sec. 12. Section 4b-24a of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
As used in this section, "state facility" means buildings and real property owned or leased by the state. The Commissioner of Administrative Services, when leasing, purchasing or contracting for the purchase of a state facility, shall consider the proximity of state facilities to railroads or motor bus routes. The Commissioner of Administrative Services shall consult with the Department of Transportation, transit districts or regional [planning agencies] council of governments on the current and future status of railroad and motor bus routes prior to leasing, purchasing or contracting for the purchase of a state facility.
Sec. 13. Section 4d-90 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
(a) There is established a Geospatial Information Systems Council consisting of the following members, or their designees: (1) The Secretary of the Office of Policy and Management; (2) the Commissioners of Energy and Environmental Protection, Economic and Community Development, Transportation, Public Health, Construction Services, Administrative Services, Agriculture, Emergency Services and Public Protection and Social Services; (3) the president of the Board of Regents for Higher Education; (4) the president of The University of Connecticut; (5) one member who is a user of geospatial information systems appointed by the president pro tempore of the Senate representing a municipality with a population of more than sixty thousand; (6) one member who is a user of geospatial information systems appointed by the minority leader of the Senate representing a regional [planning agency] council of governments; (7) one member who is a user of geospatial information systems appointed by the Governor representing a municipality with a population of less than sixty thousand but more than thirty thousand; (8) one member who is a user of geospatial information systems appointed by the speaker of the House of Representatives representing a municipality with a population of less than thirty thousand; (9) one member appointed by the minority leader of the House of Representatives who is a user of geospatial information systems; (10) the Adjutant General of the Military Department; and (11) any other persons the council deems necessary appointed by the council. The Governor shall select the chairperson from among the members. The chairperson shall administer the affairs of the council. Vacancies shall be filled by appointment by the authority making the appointment. Members shall receive no compensation for their services on said council, but shall be reimbursed for necessary expenses incurred in the performance of their duties. Said council shall hold one meeting each calendar quarter and such additional meetings as may be prescribed by council rules. In addition, special meetings may be called by the chairperson or by any three members upon delivery of forty-eight hours written notice to each member.
(b) The council, within available appropriations, shall coordinate a uniform geospatial information system capacity for municipalities, regional [planning agencies] councils of governments, the state and others, as needed, which shall include provisions for (1) creation, maintenance and dissemination of geographic information or imagery that may be used to (A) precisely identify certain locations or areas, or (B) create maps or information profiles in graphic or electronic form about particular locations or areas, and (2) promotion of a forum in which geospatial information may be centralized and distributed. In establishing such capacity, the council shall consult with municipalities, regional [planning agencies] councils of governments, state agencies and other users of geospatial information system technology. The purpose of any such system shall be to provide guidance or assistance to municipal and state officials in the areas of land use planning, transportation, economic development, environmental, cultural and natural resources management, the delivery of public services and other areas, as necessary.
(c) The council may apply for federal grants and may accept and expend such grants on behalf of the state through the Office of Policy and Management.
(d) The council, within available appropriations, shall administer a program of technical assistance to municipalities and regional [planning agencies] councils of governments to develop geospatial information systems and shall periodically recommend improvements to the geospatial information system provided for in subsection (b) of this section.
(e) On or before January 1, 2006, and annually thereafter, the council shall submit, in accordance with section 11-4a, a report on activities under this section to the joint standing committee of the General Assembly having cognizance of matters relating to planning and development.
Sec. 14. Subsection (a) of section 5-259 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
(a) The Comptroller, with the approval of the Attorney General and of the Insurance Commissioner, shall arrange and procure a group hospitalization and medical and surgical insurance plan or plans for (1) state employees, (2) members of the General Assembly who elect coverage under such plan or plans, (3) participants in an alternate retirement program who meet the service requirements of section 5-162 or subsection (a) of section 5-166, (4) anyone receiving benefits under section 5-144 or from any state-sponsored retirement system, except the teachers' retirement system and the municipal employees retirement system, (5) judges of probate and Probate Court employees, (6) the surviving spouse, and any dependent children of a state police officer, a member of an organized local police department, a firefighter or a constable who performs criminal law enforcement duties who dies before, on or after June 26, 2003, as the result of injuries received while acting within the scope of such officer's or firefighter's or constable's employment and not as the result of illness or natural causes, and whose surviving spouse and dependent children are not otherwise eligible for a group hospitalization and medical and surgical insurance plan. Coverage for a dependent child pursuant to this subdivision shall terminate no earlier than the policy anniversary date on or after whichever of the following occurs first, the date on which the child: Becomes covered under a group health plan through the dependent's own employment; or attains the age of twenty-six, (7) employees of the Capital Region Development Authority established by section 32-601, and (8) the surviving spouse and dependent children of any employee of a municipality who dies on or after October 1, 2000, as the result of injuries received while acting within the scope of such employee's employment and not as the result of illness or natural causes, and whose surviving spouse and dependent children are not otherwise eligible for a group hospitalization and medical and surgical insurance plan. For purposes of this subdivision, "employee" means any regular employee or elective officer receiving pay from a municipality, "municipality" means any town, city, borough, school district, taxing district, fire district, district department of health, probate district, housing authority, regional work force development board established under section 31-3k, flood commission or authority established by special act or regional [planning agency] council of governments. For purposes of subdivision (6) of this subsection, "firefighter" means any person who is regularly employed and paid by any municipality for the purpose of performing firefighting duties for a municipality on average of not less than thirty-five hours per week. The minimum benefits to be provided by such plan or plans shall be substantially equal in value to the benefits that each such employee or member of the General Assembly could secure in such plan or plans on an individual basis on the preceding first day of July. The state shall pay for each such employee and each member of the General Assembly covered by such plan or plans the portion of the premium charged for such member's or employee's individual coverage and seventy per cent of the additional cost of the form of coverage and such amount shall be credited to the total premiums owed by such employee or member of the General Assembly for the form of such member's or employee's coverage under such plan or plans. On and after January 1, 1989, the state shall pay for anyone receiving benefits from any such state-sponsored retirement system one hundred per cent of the portion of the premium charged for such member's or employee's individual coverage and one hundred per cent of any additional cost for the form of coverage. The balance of any premiums payable by an individual employee or by a member of the General Assembly for the form of coverage shall be deducted from the payroll by the State Comptroller. The total premiums payable shall be remitted by the Comptroller to the insurance company or companies or nonprofit organization or organizations providing the coverage. The amount of the state's contribution per employee for a health maintenance organization option shall be equal, in terms of dollars and cents, to the largest amount of the contribution per employee paid for any other option that is available to all eligible state employees included in the health benefits plan, but shall not be required to exceed the amount of the health maintenance organization premium.
Sec. 15. Subsection (i) of section 5-259 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
(i) The Comptroller may provide for coverage of employees of municipalities, nonprofit corporations, community action agencies and small employers and individuals eligible for a health coverage tax credit, retired members or members of an association for personal care assistants under the plan or plans procured under subsection (a) of this section, provided: (1) Participation by each municipality, nonprofit corporation, community action agency, small employer, eligible individual, retired member or association for personal care assistants shall be on a voluntary basis; (2) where an employee organization represents employees of a municipality, nonprofit corporation, community action agency or small employer, participation in a plan or plans to be procured under subsection (a) of this section shall be by mutual agreement of the municipality, nonprofit corporation, community action agency or small employer and the employee organization only and neither party may submit the issue of participation to binding arbitration except by mutual agreement if such binding arbitration is available; (3) no group of employees shall be refused entry into the plan by reason of past or future health care costs or claim experience; (4) rates paid by the state for its employees under subsection (a) of this section are not adversely affected by this subsection; (5) administrative costs to the plan or plans provided under this subsection shall not be paid by the state; (6) participation in the plan or plans in an amount determined by the state shall be for the duration of the period of the plan or plans, or for such other period as mutually agreed by the municipality, nonprofit corporation, community action agency, small employer, retired member or association for personal care assistants and the Comptroller; and (7) nothing in this section or section 12-202a, 38a-551, 38a-553 or 38a-556 shall be construed as requiring a participating insurer or health care center to issue individual policies to individuals eligible for a health coverage tax credit. The coverage provided under this section may be referred to as the "Municipal Employee Health Insurance Plan". The Comptroller may arrange and procure for the employees and eligible individuals under this subsection health benefit plans that vary from the plan or plans procured under subsection (a) of this section. Notwithstanding any provision of part V of chapter 700c, the coverage provided under this subsection may be offered on either a fully underwritten or risk-pooled basis at the discretion of the Comptroller. For the purposes of this subsection, (A) "municipality" means any town, city, borough, school district, taxing district, fire district, district department of health, probate district, housing authority, regional work force development board established under section 31-3k, regional emergency telecommunications center, tourism district established under section 32-302, flood commission or authority established by special act, regional [planning agency] council of governments, transit district formed under chapter 103a, or the Children's Center established by number 571 of the public acts of 1969; (B) "nonprofit corporation" means (i) a nonprofit corporation organized under 26 USC 501 that has a contract with the state or receives a portion of its funding from a municipality, the state or the federal government, or (ii) an organization that is tax exempt pursuant to 26 USC 501(c)(5); (C) "community action agency" means a community action agency, as defined in section 17b-885; (D) "small employer" means a small employer, as defined in subparagraph (A) of subdivision (4) of section 38a-564; (E) "eligible individuals" or "individuals eligible for a health coverage tax credit" means individuals who are eligible for the credit for health insurance costs under Section 35 of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, in accordance with the Pension Benefit Guaranty Corporation and Trade Adjustment Assistance programs of the Trade Act of 2002 (P.L. 107-210); (F) "association for personal care assistants" means an organization composed of personal care attendants who are employed by recipients of service (i) under the home-care program for the elderly under section 17b-342, (ii) under the personal care assistance program under section 17b-605a, (iii) in an independent living center pursuant to sections 17b-613 to 17b-615, inclusive, or (iv) under the program for individuals with acquired brain injury as described in section 17b-260a; and (G) "retired members" means individuals eligible for a retirement benefit from the Connecticut municipal employees' retirement system.
Sec. 16. Section 7-130w of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
Sections 7-130a to 7-130w, inclusive, shall constitute full and complete authority, without regard to the provisions of any other law, for the doing of the acts and things therein authorized and shall be liberally construed to effect the purposes hereof, provided the ordinance creating the authority may include limitations on the powers and procedures of the authority. Unless otherwise provided in such ordinance, neither the consent nor approval of any planning commission, regional [planning agency] council of governments, historic district commission, municipal or regional economic development commission or any other board, body or commission established or created before or after July 1, 1965, shall be required for the exercise of the powers conferred by said sections; provided no project shall be constructed in any municipality if it is inconsistent with the plan of conservation and development for the municipality adopted pursuant to section 8-23, as amended by this act, except with the approval of the planning commission of such municipality.
Sec. 17. Section 7-136e of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
(a) A municipality which, pursuant to section 7-136d, has authorized the establishment of a foreign trade zone, shall submit a copy of the application for the privilege of operating such foreign trade zone to the regional [planning agency] council of governments for the area of operation within which such municipality is located and the Departments of Economic and Community Development, Environmental Protection and Transportation for their comments on the advisability of establishment of such zone. Such comments shall be prepared within ninety days of receipt of the application from the municipality.
(b) The Departments of Economic and Community Development, Environmental Protection and Transportation shall submit their advisory comments to the municipality and to the board established by said federal Foreign-Trade Zones Act.
Sec. 18. Section 7-391 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
When used in this chapter, unless the context otherwise requires, the following terms shall have the meanings herein specified: "Secretary" means the Secretary of the Office of Policy and Management; "municipality" includes each town, consolidated town and city, consolidated town and borough, city and borough; "audited agency" includes each district, as defined in section 7-324, or other municipal utility, the Metropolitan District of Hartford County, each regional [planning agency] council of governments, any other political subdivision of similar character which is created and any other agency created or designated by a municipality to act for such municipality whose annual receipts from all sources exceed one million dollars; "reporting agency" includes each district, as defined in section 7-324, or other municipal utility, each regional [planning agency] council of governments, any other political subdivision of similar character which is created and any other agency created or designated by a municipality to act for such municipality whose annual receipts from all sources do not exceed one million dollars; "appointing authority" means the legislative body of a municipality or the board, committee or other governing body of such audited agency, except in any town where the authority to adopt a budget rests with a town meeting or a representative town meeting "appointing authority" means the board of finance or other board, committee or body charged with preparing the budget, or in a town [which] that has no board of finance or other such board, committee or body, means the board of selectmen or the town council; "audit report" means the report of the independent auditor and the annual financial statements of the municipality or audited agency; "independent auditor" means a public accountant who is licensed to practice in the state of Connecticut and who meets the independence standards included in generally accepted government auditing standards; "public accountant" means an individual who meets standards included in generally accepted government auditing standards for personnel performing government audits and the licensing requirements of the State Board of Accountancy; "receipts" means amounts accrued or received by a municipality, audited agency or reporting agency and reportable as revenues in accordance with generally accepted accounting principles; "municipal utility" means every Connecticut municipality or department or agency thereof, or Connecticut district, manufacturing, selling or distributing gas or electricity to be used for light, heat or power or water.
Sec. 19. Subdivisions (1) to (3), inclusive, of section 7-425 of the general statutes are repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
(1) "Municipality" means any town, city, borough, school district, regional school district, taxing district, fire district, district department of health, probate district, housing authority, regional work force development board established under section 31-3k, regional emergency telecommunications center, tourism district established under section 10-397, flood commission or authority established by special act or regional [planning agency] council of governments;
(2) "Participating municipality" means any municipality [which] that has accepted this part, as provided in section 7-427, as amended by this act;
(3) "Legislative body" means, for towns having a town council, the council; for other towns, the selectmen; for cities, the common council or other similar body of officials; for boroughs, the warden and burgesses; for regional school districts, the regional board of education; for district departments of health, the board of the district; for probate districts, the judge of probate; for regional [planning agencies] councils of governments, the [regional planning board] council; for regional emergency telecommunications centers, a representative board; for tourism districts, the board of directors of such tourism district; and in all other cases the body authorized by the general statutes or by special act to make ordinances for the municipality;
Sec. 20. Subsection (a) of section 7-427 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
(a) Any municipality except a housing authority, which is governed by subsection (b) of this section or a regional work force development board established under section 31-3k, which is governed by section 7-427a, may, by resolution passed by its legislative body and subject to such referendum as may be hereinafter provided, accept this part as to any department or departments of such municipality as may be designated therein, including elective officers if so specified, free public libraries which receive part or all of their income from municipal appropriation, and the redevelopment agency of such municipality whether or not such municipality is a member of the system, as defined in section 7-452, as amended by this act, but such acceptance shall not repeal, amend or replace, or affect the continuance of, any pension system established in such municipality by or under the authority of any special act and all such special acts shall remain in full force and effect until repealed or amended by the General Assembly or as provided by chapter 99. The acceptance of this part as to any department or departments of a municipality shall not affect the right of such municipality to accept it in the future as to any other department or departments. In any municipality other than a district department of health, housing authority, flood commission or authority, regional [planning agency] council of governments or supervision district board of education, such resolution shall not take effect until it has been approved by a majority of the electors of the municipality voting thereon at the next regular election or meeting or at a special election or meeting called for the purpose. The effective date of participation shall be at least ninety days subsequent to the receipt by the Retirement Commission of the certified copy of such resolution. The Retirement Commission shall furnish to any municipality contemplating acceptance of this part, at the expense of such municipality, an estimate of the probable cost to such municipality of such acceptance as to any department or departments thereof.
Sec. 21. Subdivisions (1) to (4), inclusive, of section 7-452 of the general statutes are repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
(1) "Municipality" means any town, consolidated town and city, consolidated town and borough, borough, fire district, school district, district department of health, regional [planning agency] council of governments, probate district, housing authority, flood commission or authority established by special act or other municipal association created by special law or by general law or an instrumentality of any of these, if such instrumentality is a distinct juristic entity legally separate from any of the above and its employees are not, through this relation, employees of one of the above;
(2) "Commission" means the State Retirement Commission;
(3) "System" means the Old Age and Survivors Insurance System under Title II of the Social Security Act, as amended;
(4) "Legislative body", unless otherwise provided by special act or by charter adopted under the provisions of chapter 99, as applied to unconsolidated towns, means the town meeting; as applied to cities and to consolidated towns and cities, means the board of aldermen, council or other body charged with the duty of making annual appropriations; as applied to boroughs and consolidated towns and boroughs, means the board of burgesses; as applied to fire districts, means the district meeting; as applied to district departments of health, means the district board; as applied to probate districts, means the judge of probate; as applied to regional [planning agencies] councils of governments, means the [regional planning board] council, and, in all other cases, means the body authorized by the general statutes or by special act to make bylaws or ordinances for the municipality;
Sec. 22. Section 7-465 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
(a) Any town, city or borough, notwithstanding any inconsistent provision of law, general, special or local, shall pay on behalf of any employee of such municipality, except firemen covered under the provisions of section 7-308, and on behalf of any member from such municipality of a local emergency planning district, appointed pursuant to section 22a-601, all sums which such employee becomes obligated to pay by reason of the liability imposed upon such employee by law for damages awarded for infringement of any person's civil rights or for physical damages to person or property, except as set forth in this section, if the employee, at the time of the occurrence, accident, physical injury or damages complained of, was acting in the performance of his duties and within the scope of his employment, and if such occurrence, accident, physical injury or damage was not the result of any wilful or wanton act of such employee in the discharge of such duty. This section shall not apply to physical injury to a person caused by an employee to a fellow employee while both employees are engaged in the scope of their employment for such municipality if the employee suffering such injury or, in the case of his death, his dependent, has a right to benefits or compensation under chapter 568 by reason of such injury. If an employee or, in the case of his death, his dependent, has a right to benefits or compensation under chapter 568 by reason of injury or death caused by the negligence or wrong of a fellow employee while both employees are engaged in the scope of their employment for such municipality, such employee or, in the case of his death, his dependent, shall have no cause of action against such fellow employee to recover damages for such injury or death unless such wrong was wilful and malicious or the action is based on the fellow employee's negligence in the operation of a motor vehicle, as defined in section 14-1. This section shall not apply to libel or slander proceedings brought against any such employee and, in such cases, there is no assumption of liability by any town, city or borough. Any employee of such municipality, although excused from official duty at the time, for the purposes of this section shall be deemed to be acting in the discharge of duty when engaged in the immediate and actual performance of a public duty imposed by law. Such municipality may arrange for and maintain appropriate insurance or may elect to act as a self-insurer to maintain such protection. No action for personal physical injuries or damages to real or personal property shall be maintained against such municipality and employee jointly unless such action is commenced within two years after the cause of action therefor arose and written notice of the intention to commence such action and of the time when and the place where the damages were incurred or sustained has been filed with the clerk of such municipality within six months after such cause of action has accrued. Governmental immunity shall not be a defense in any action brought under this section. In any such action the municipality and the employee may be represented by the same attorney if the municipality, at the time such attorney enters his appearance, files a statement with the court, which shall not become part of the pleadings or judgment file, that it will pay any final judgment rendered in such action against such employee. No mention of any kind shall be made of such statement by any counsel during the trial of such action. As used in this section, "employee" includes (1) a member of a town board of education and any teacher, including a student teacher doing practice teaching under the direction of such a teacher, or other person employed by such board, and (2) a member of the local emergency planning committee from such municipality appointed pursuant to section 22a-601. Nothing in this section shall be construed to abrogate the right of any person, board or commission which may accrue under section 10-235.
(b) Each town, city or borough which has joined with other towns, cities or boroughs to form a district department of health, pursuant to chapter 368f, or a regional [planning agency, pursuant to chapter 127] council of government, pursuant to section 4-124j, as amended by this act, shall jointly assume the liability imposed upon any officer, agent or employee of such district department of health or such regional [planning agency] council of governments, acting in the performance of his duties and in the scope of his employment, under, and in the manner and in accordance with the procedures set forth in, subsection (a) of this section. Such joint assumption of liability shall be proportionately shared by the towns, cities and boroughs in such district or regional [planning agency] council of governments, on the same basis that the expenses of such district are shared as determined under section 19a-243. [, or such regional planning agency as determined under section 8-34a.]
Sec. 23. Section 7-479 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
For the purposes of this section, "municipality" means any town, city, borough, school district, taxing district, fire district, district department of health, probate district, housing authority, flood commission or authority established by special act or regional [planning agency] council of governments. Any municipality, in addition to such powers as it has under the provisions of the general statutes or any special act, may, by ordinance or regulation, prohibit any member or employee of any municipal board [or agency,] or any official, officer or employee of such municipality from (1) being financially interested, or having any personal beneficial interest, either directly or indirectly, in any contract or purchase order for any supplies, materials, equipment or contractual services furnished to or used by any such municipality [,] or board, [or agency] and (2) accepting or receiving, directly or indirectly, from any person, firm or corporation to which any contract or purchase order may be awarded by such municipality, by rebate, gifts or otherwise, any money, or anything of value whatsoever, or any promise, obligation or contract for future reward or compensation. Such municipalities may prescribe penalties for the violation of any ordinance or regulation enacted pursuant to this section, including the voidance of any municipal purchase, contract or ruling adopted in contravention thereof.
Sec. 24. Subsection (e) of section 8-2j of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
(e) The commission may seek the recommendations of any town or regional [agency] council or outside specialist with which it consults, including, but not limited to, the regional [planning agency] council of governments, the municipality's historical society, the Connecticut Trust for Historic Preservation and The University of Connecticut College of Agriculture and Natural Resources. Any reports or recommendations from such [agencies] councils or organizations shall be entered into the public hearing record.
Sec. 25. Section 8-3b of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
When the zoning commission of any municipality proposes to establish or change a zone or any regulation affecting the use of a zone any portion of which is within five hundred feet of the boundary of another municipality, [located within the area of operation of a regional planning agency,] the zoning commission shall give written notice of its proposal to each regional [planning agency] council of governments for the region or regions in which it and the other municipality are located. Such notice shall be made by certified mail, return receipt requested, or by electronic mail to the electronic mail address designated by the regional [planning agency] council of governments on the [agency's] council's Internet web site for receipt of such notice, not later than thirty days before the public hearing to be held in relation thereto. If such notice is sent by electronic mail and the zoning commission does not receive an electronic mail message from a regional [planning agency] council of governments confirming receipt of such notice, then not later than twenty-five days before the public hearing, the zoning commission shall also send such notice by certified mail, return receipt requested, to such [planning agency] council. The regional [planning agency] council of governments shall study such proposal and shall report its findings and recommendations thereon to the zoning commission at or before the hearing, and such report shall be made a part of the record of such hearing. The report of any regional [planning agency] council of governments of any region that is contiguous to Long Island Sound shall include findings and recommendations on the environmental impact of the proposal on the ecosystem and habitat of Long Island Sound. If such report of the regional [planning agency] council of governments is not submitted at or before the hearing, it shall be presumed that such [agency] council does not disapprove of the proposal. A regional [planning agency] council of governments receiving such a notice may transmit such notice to the Secretary of the Office of Policy and Management or his or her designee for comment. The [planning agency] council may designate its [executive committee] regional planning commission to act for it under this section. [or may establish a subcommittee for the purpose.] The report of said [planning agency] council shall be purely advisory.
Sec. 26. Subdivision (4) of subsection (g) of section 8-23 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
(4) At least sixty-five days prior to the public hearing on adoption, the commission shall submit a copy of such plan or part thereof or amendment thereto to the regional [planning agency] council of governments for review and comment. The regional [planning agency] council of governments shall submit an advisory report along with its comments to the commission at or before the hearing. Such comments shall include a finding on the consistency of the plan with (A) the regional plan of conservation and development, adopted under section 8-35a, as amended by this act, (B) the state plan of conservation and development, adopted pursuant to chapter 297, and (C) the plans of conservation and development of other municipalities in the area of operation of the regional [planning agency] council of governments. The commission may render a decision on the plan without the report of the regional [planning agency] council of governments.
Sec. 27. Section 8-26b of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
Whenever a subdivision of land is planned, the area of which will abut or include land in two or more municipalities, [one or both of which are within a region or regions having a regional planning agency or agencies,] the planning commission, where one exists, of each such municipality shall, before approving the plan, give written notice of such subdivision plan to each regional [planning agency] council of governments for the region or regions in which it and the other municipality are located. Such notice shall be made by certified mail, return receipt requested, or by electronic mail to the electronic mail address designated by the regional [planning agency] council of governments on the [agency's] council's Internet web site for receipt of such notice, not later than thirty days before the public hearing to be held in relation thereto. If such notice is sent by electronic mail and the planning commission does not receive an electronic mail message from a regional [planning agency] council of governments confirming receipt of such notice, then not later than twenty-five days before the public hearing, the planning commission shall also send such notice by certified mail, return receipt requested, to such [planning agency] council. A regional [planning agency] council of governments receiving such notice shall, at or before the hearing report to each such planning commission and to the proponent of such subdivision on its findings on the intermunicipal aspects of the proposed subdivision, including street layout, storm drainage, sewer and water service and such other matters as it considers appropriate. If such report of a regional [planning agency] council of governments is not submitted, at or before the hearing, it shall be presumed that such [agency] council does not disapprove of the proposed subdivision. A regional [planning agency] council of governments may designate its [executive committee] regional planning commission to act for it under this section. [or it may establish a subcommittee for the purpose.] The report of such regional [planning agency] council of governments shall be purely advisory.
Sec. 28. Section 8-35a of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
(a) At least once every ten years, each regional [planning agency] council of governments shall make a plan of conservation and development for its area of operation, showing its recommendations for the general use of the area including land use, housing, principal highways and freeways, bridges, airports, parks, playgrounds, recreational areas, schools, public institutions, public utilities, agriculture and such other matters as, in the opinion of the [agency] council, will be beneficial to the area. Any regional plan so developed shall be based on studies of physical, social, economic and governmental conditions and trends and shall be designed to promote with the greatest efficiency and economy the coordinated development of its area of operation and the general welfare and prosperity of its people. Such plan may encourage energy-efficient patterns of development, the use of solar and other renewable forms of energy, and energy conservation. Such plan shall be designed to promote abatement of the pollution of the waters and air of the region. The regional plan shall identify areas where it is feasible and prudent (1) to have compact, transit accessible, pedestrian-oriented mixed use development patterns and land reuse, and (2) to promote such development patterns and land reuse and shall note any inconsistencies with the following growth management principles: (A) Redevelopment and revitalization of regional centers and areas of mixed land uses with existing or planned physical infrastructure; (B) expansion of housing opportunities and design choices to accommodate a variety of household types and needs; (C) concentration of development around transportation nodes and along major transportation corridors to support the viability of transportation options and land reuse; (D) conservation and restoration of the natural environment, cultural and historical resources and traditional rural lands; (E) protection of environmental assets critical to public health and safety; and (F) integration of planning across all levels of government to address issues on a local, regional and state-wide basis. The plan of each region contiguous to Long Island Sound shall be designed to reduce hypoxia, pathogens, toxic contaminants and floatable debris in Long Island Sound.
(b) Before adopting the regional plan of conservation and development or any part thereof or amendment thereto the [agency] council shall hold at least one public hearing thereon, notice of the time, place and subject of which shall be given in writing to the chief executive officer and planning commission, where one exists, of each member town, city or borough. Notice of the time, place and subject of such hearing shall be published once in a newspaper having a substantial circulation in the region. Such notices shall be given not more than twenty days or less than ten days before such hearing. At least sixty-five days before the public hearing the regional [planning agency] council of governments shall post the plan on the Internet web site of the [agency] council, if any, and submit the plan to the Secretary of the Office of Policy and Management for findings in the form of comments and recommendations. By October 1, 2011, the secretary shall establish, by regulations adopted in accordance with the provisions of chapter 54, criteria for such findings which shall include procedures for a uniform review of regional plans of conservation and development to determine if a proposed regional plan of conservation and development is not inconsistent with the state plan of conservation and development and the state economic strategic plan. The regional [planning agency] council of governments shall note on the record any inconsistency with the state plan of conservation and development and the reasons for such inconsistency. Adoption of the plan or part thereof or amendment thereto shall be made by the affirmative vote of not less than a majority of the representatives on the [agency] council. The plan shall be posted on the Internet web site of the [agency] council, if any, and a copy of the plan or of any amendments thereto, signed by the chairman of the [agency] council, shall be transmitted to the chief executive officers, the town, city or borough clerks, as the case may be, and to planning commissions, if any, in member towns, cities or boroughs, and to the Secretary of the Office of Policy and Management, or his or her designee. The regional [planning agency] council of governments shall notify the Secretary of the Office of Policy and Management of any inconsistency with the state plan of conservation and development and the reasons therefor.
[(c) The regional planning agency shall revise the plan of conservation and development not more than three years after July 1, 2005.]
[(d)] (c) The regional [planning agency] council of governments shall assist municipalities within its region and state agencies and may assist other public and private agencies in developing and carrying out any regional plan or plans of such regional [planning agency] council. The regional [planning agency] council of governments may provide administrative, management, technical or planning assistance to municipalities within its region and other public agencies under such terms as it may determine, provided, prior to entering into an agreement for assistance to any municipality or other public agency, the regional [planning agency] council of governments shall have adopted a policy governing such assistance. The regional [planning agency] council of governments may be compensated by the municipality or other public agency with which an agreement for assistance has been made for all or part of the cost of such assistance.
Sec. 29. Section 8-35e of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
(a) Two or more regional [planning agencies] councils of governments may establish one or more [interagency] intercouncil committees to recommend policies relating to matters of an interregional nature, provided each participating [agency] council shall have first adopted a resolution authorizing establishment of any such [interagency] intercouncil committees and defining the scope of its duties.
(b) Two or more regional [planning agencies] councils of governments may share staff and staff from one [agency] council may work in the area of another [agency] council, provided each [agency] council involved in such a cooperative effort shall have first adopted a resolution authorizing such action and specifying the extent of cooperation and the terms under which it is to be provided.
Sec. 30. Subsection (a) of section 8-37u of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
(a) The Commissioner of Economic and Community Development shall work with [regional planning agencies, regional councils of elected officials,] regional councils of governments, municipalities and municipal agencies, housing authorities and other appropriate agencies for the purpose of coordinating housing policy and housing activities, provided such coordination shall not be construed to restrict or diminish any power, right or authority granted to any municipality, agency, instrumentality, commission or any administrative or executive head thereof in accordance with the other provisions of the general statutes to proceed with any programs, projects or activities.
Sec. 31. Subsection (f) of section 8-163 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
(f) "Regional [planning agency"] council of governments" means the regional [planning agency] council of governments created under [chapter 127] section 4-124j, as amended by this act;
Sec. 32. Section 8-165 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
In furtherance of the requirement of the federal act for an overall economic development program, the municipal economic development commission, if a redevelopment area consists of a single town or city within this state, shall be charged with the preparation and implementation of an overall economic development program. If a redevelopment area includes two or more towns or cities, the regional economic development commission including the several towns and cities defined in such an area shall prepare and implement an overall economic development program. In the preparation of such overall economic development program, the regional [planning agency, if any,] council of governments of which the municipality or several municipalities included within the redevelopment area are members [,] shall submit recommendations and comments upon such overall economic development program to the municipal or regional economic development commission submitting such program. In any such redevelopment area in which there is no municipal or regional economic development commission [which] that has submitted such an overall economic development program within one hundred and twenty days after designation of the area as a redevelopment area by the Secretary of Commerce, the regional [planning agency] council of governments shall prepare and submit an overall economic development program for such area. This shall not preclude the preparation and submission of an overall economic development program by any private or nonprofit organization or association representing the redevelopment area or any part thereof. Municipalities, municipal and regional economic development commissions and regional [planning agencies] councils of governments may accept federal grants and aid for preparation of such overall economic development programs.
Sec. 33. Section 8-191 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
(a) Before the development agency adopts a plan for a development project, (1) the planning commission of the municipality shall find that the plan is in accord with the plan of development for the municipality; and (2) the regional [planning agency, if any,] council of governments for the region within which such municipality is located shall find that such plan is in accord with the plan of development for such region, or if such [agency] council fails to make a finding concerning the plan within thirty-five days of receipt of the plan by such [agency] council, it shall be presumed that such [agency] council does not disapprove of the plan; and (3) the development agency shall hold at least one public hearing on the plan. At least thirty-five days prior to any public hearing, the development agency shall post the plan on the Internet web site of the development agency, if any. Upon approval by the development agency, the agency shall submit the plan to the legislative body which shall vote to approve or disapprove the plan. After approval of the plan by the legislative body, the development agency shall submit the plan for approval to the commissioner. Notice of the time, place and subject of any public hearing held under this section shall be published once in a newspaper of general circulation in the municipality, such publication to be made not less than one week nor more than three weeks prior to the date set for the hearing. In the event the commissioner requires a substantial modification of the project plan before giving approval, then upon the completion of such modification such plan shall first have a public hearing and then be approved by the development agency and the legislative body. Any legislative body, agency or commission in approving a plan for a development project shall specifically approve the findings made in the plan.
(b) The provisions of subsection (a) of this section with respect to submission of a development project to and approval by the commissioner shall not apply to a project for which no grant has been made under section 8-190 and no application for a grant is to be made under section 8-195.
Sec. 34. Subsection (c) of section 8-206 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
(c) The Commissioner of Economic and Community Development may make available technical and financial assistance and advisory services to any municipality, municipal agency, local housing authority, human resource development agency, [regional planning agency, regional council of elected officials,] regional council of governments, housing sponsor, prospective housing sponsor or other appropriate agency, or the Connecticut Housing Authority, for any activity pertinent to the development, preservation, repair or rehabilitation of housing or for urban renewal, redevelopment or community development activities as defined in chapter 130, provided any financial assistance to a [regional planning agency,] regional council of governments [or a regional council of elected officials] shall have the prior approval of the Secretary of the Office of Policy and Management, or his or her designee. Financial, technical or advisory assistance shall be rendered upon such contractual arrangements as may be agreed upon by the commissioner and any such municipality, agency, authority, council or sponsor in accordance with their respective needs.
Sec. 35. Subsection (b) of section 8-385 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
(b) The Housing Advisory Committee shall: (1) Advise the General Assembly, the Governor, the Commissioner of Economic and Community Development and the Connecticut Housing Finance Authority on matters relating to housing programs and policies; (2) provide legislative recommendations relating to housing matters to the Commissioner of Economic and Community Development, the Connecticut Housing Finance Authority and the General Assembly; (3) monitor the housing-related activities of the regional [planning agencies under chapter 127] councils of governments; and (4) promote coordination on housing matters among state agencies.
Sec. 36. Subdivision (77) of section 12-81 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
(77) Real property belonging to, or held in trust for, [a regional council of elected officials established under sections 4-124c to 4-124f, inclusive,] a regional council of governments established under sections 4-124i to 4-124p, inclusive, [or a regional planning agency organized under sections 8-31a to 8-37b, inclusive,] provided (A) such property is used to advance the official duties of such council, [or agency,] and (B) the exemption for such property is approved by the municipality in which such property is located.
Sec. 37. Subsection (b) of section 13b-16b of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
(b) The council shall consist of nineteen members as follows: (1) The Commissioner of Transportation, or his designee; (2) the chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to transportation, or their designees; (3) two members appointed by the Governor, one of whom shall be a representative of a regional [planning agency] council of governments and one of whom shall be a member of the public; (4) two members appointed by the president pro tempore of the Senate, one of whom shall be a chief elected official of a municipality in the southwest region of the state and one of whom shall be a representative of the motor transport industry; (5) two members appointed by the majority leader of the Senate; one of whom shall be a chief elected official of a municipality in the southwest region of the state and one of whom shall be a representative of business and industry in the southwest region of the state; (6) two members appointed by the speaker of the House of Representatives, one of whom shall be a representative of business and industry in the southwest region of the state and one of whom shall be a representative of a southwestern Connecticut regional [planning agency] council of governments; (7) two members appointed by the majority leader of the House of Representatives, one of whom shall be a representative of business and industry in the southwest region of the state and one of whom shall be a representative of an environmental or civic organization; (8) two members appointed by the minority leader of the Senate, one of whom shall be a representative of an environmental organization in the southwest region of the state and one of whom shall be a representative of the Metro North New Haven Rail Commuter Council, established pursuant to section 13b-212b; and (9) two members appointed by the minority leader of the House of Representatives, one of whom shall be a representative of a council of governments and one of whom shall be a public member.
Sec. 38. Section 13b-31a of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
The Commissioner of Transportation shall develop guidelines for the design and construction of roads and streets in residential subdivisions. Such guidelines shall be based upon considerations of safety, maintenance and cost effectiveness and shall be distributed to municipal [and regional] planning agencies and regional councils of governments throughout the state who may use such standards in the adoption of municipal subdivision regulations.
Sec. 39. Subdivision (5) of subsection (a) of section 13b-57d of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
(5) "Local planning agency" means a metropolitan planning organization, as provided in 23 USC 134, [a regional planning agency, as provided in section 8-31a,] or a [regional] council, [of elected officials,] as defined in subdivision [(2)] (4) of section 4-124i, as amended by this act; [, or a council, as defined in subsection (f) of section 4-124c;]
Sec. 40. Section 13b-78l of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
The Commissioner of Transportation shall:
(1) Acquire not less than three hundred forty-two self-propelled rail cars for use on the New Haven Line;
(2) Design and construct rail maintenance facilities to support the self-propelled rail cars;
(3) Design and construct operational improvements to Interstate 95 between Greenwich and North Stonington;
(4) Purchase twenty-five transit buses; and
(5) In consultation with cognizant metropolitan planning organizations [, regional planning agencies, regional councils of elected officials] and regional councils of governments, evaluate, design and construct transportation system improvements other than projects on Interstate 95.
Sec. 41. Subsection (f) of section 13b-79p of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
(f) The commissioner is authorized to enter into grant and cost-sharing agreements with local governments, transit districts [, regional planning agencies] and councils of governments in connection with the implementation of projects funded pursuant to subsections (a) and (c) of this section.
Sec. 42. Section 16-243z of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
(a) For purposes of this section, ["regional planning agency" and "regional council of elected officials" have the same meanings as provided in section 4-124i,] "regional council of governments" has the same meaning as "council" in section 4-124i, as amended by this act, and "electric company" and "electric distribution company" have the same meanings as provided in section 16-1.
(b) Upon the request of the geographic information systems or geospatial information systems analyst or coordinator, or any equivalent official, of any municipality or of [any regional planning agency, regional council of elected officials or] regional council of governments, an electric company or electric distribution company shall provide to such analyst, coordinator or official any geographic information systems or geospatial information systems data for such electric or electric distribution company's service area identifying utility pole data for poles owned or jointly owned by such company in such municipality or the area served by such [regional planning agency, regional council of elected officials or] regional council of governments. Such data shall include pole ownership, identification number, XY coordinate location, pole height, pole classification and wattage size of street lights or post lights.
(c) Upon the request of a municipality for public safety reasons during an emergency, an electric company or electric distribution company may provide to such municipality the location of electric service accounts that are coded by such company as medical hardship accounts within such municipality.
(d) Prior to receipt of data from an electric company or electric distribution company under this section, a municipality [, regional planning agency, regional council of elected officials] or regional council of governments shall demonstrate to such company that it has implemented appropriate procedures to protect the confidentiality of the information. Any data provided by such company to a municipality [, regional planning agency, regional council of elected officials] or regional council of governments pursuant to this section shall be used by such entity for internal use only, and shall not be publicly disclosed by the municipality [, regional planning agency, regional council of elected officials] or regional council of governments or be subject to any public disclosure requirement without the prior consent of the electric company or electric distribution company, as applicable, and shall be exempt from disclosure under the Freedom of Information Act, as defined in section 1-200.
Sec. 43. Section 16a-4a of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
The Office of Policy and Management shall:
(1) Formulate and prepare state-wide or interregional plans for the physical, social and economic development of the state. Such plans may be prepared jointly or in consultation with other state, interstate, federal, regional or local agencies. Such plans may include, but need not be limited to, (A) demographic projections, (B) economic projections, (C) land use and water considerations, (D) transportation requirements, (E) environmental considerations, (F) energy capabilities and requirements, (G) public facilities, (H) labor needs and skills, (I) educational objectives, (J) housing needs and (K) health needs;
(2) Receive for review, information and recommendations, plans proposed by any state agency acting alone or jointly [which] that has among its duties planning responsibilities relating to those considerations set forth in subdivision (1) of this section or similar subjects;
(3) Coordinate regional and state planning activities and accomplish such planning review activities as may be necessary;
(4) Designate or redesignate logical planning regions within the state [and promote and assist in the promotion and continuation of regional planning agencies under chapter 127. Such planning regions shall be redesignated] in accordance with section 16a-4c;
(5) Provide for technical aid and the administration of financial assistance to [regional planning agencies established under chapter 127 or any regional council of elected officials in any region without a regional planning agency or] any regional council of governments organized under sections 4-124i to 4-124p, inclusive, as amended by this act, under such terms and conditions as may be agreed upon by the secretary;
(6) Accept from any source funds, revenue or other consideration available to this state for interstate, state, regional, interregional or area planning activities or projects and provide for the administration of such funds, revenues or other consideration;
(7) Make available to the public, for a reasonable fee, all reports, testing results and other material developed or procured as a result of activities authorized by this section, section 16a-14, as amended by this act, and section 16a-14b; and
(8) Provide technical assistance to municipalities that want to aggregate electric generation services.
Sec. 44. Section 22-26j of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
The Department of Agriculture shall establish and administer a farm viability matching grant program to any agricultural not-for-profit organization, municipality, group of municipalities, [regional planning agency organized under the provisions of chapter 127, regional council of elected officials organized under the provisions of chapter 50,] regional council of governments organized under the provisions of sections 4-124i to 4-124p, inclusive, as amended by this act, or group of municipalities [which] that have established a regional interlocal agreement pursuant to sections 7-339a to 7-339l, inclusive, to further agricultural viability. Such grants may be used for the following purposes: (1) Local capital projects that foster agricultural viability, including, but not limited to, processing facilities and farmers' markets; (2) the development and implementation of agriculturally-friendly land use regulations and local farmland protection strategies that sustain and promote local agriculture; and (3) the development of new marketing programs and venues through or in which a majority of products sold are grown in the state.
Sec. 45. Section 22a-134l of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
The Commissioner of Energy and Environmental Protection may, within available appropriations, make a grant or loan to any municipality, group of municipalities, [regional planning agency organized under the provisions of chapter 127, regional council of elected officials organized under the provisions of chapter 50,] regional council of government organized under the provisions of sections 4-124i to 4-124p, inclusive, as amended by this act, or group of municipalities [which] that have established a regional interlocal agreement pursuant to sections 7-339a to 7-339l, inclusive, for the planning of regional facilities for the purpose of collection and disposal of household hazardous waste. The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to carry out the purposes of this section.
Sec. 46. Section 22a-134m of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
The Commissioner of Energy and Environmental Protection shall coordinate a program of chemical disposal days for the collection and disposal of hazardous household chemicals in any municipality or group of municipalities [, in the area of operation of any regional planning agency organized under the provisions of chapter 127, in the planning region of any regional council of elected officials organized under the provisions of chapter 50,] or in the participating towns in any regional council of government organized under the provisions of sections 4-124i to 4-124p, inclusive, as amended by this act. The commissioner shall develop guidelines for such chemical disposal days.
Sec. 47. Subsection (a) of section 22a-134n of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
(a) The Commissioner of Energy and Environmental Protection may, within available appropriations, make a grant to any municipality, any group of municipalities [, any regional planning agency organized under the provisions of chapter 127, any regional council of elected officials organized under the provisions of chapter 50,] or any regional council of government organized under the provisions of sections 4-124i to 4-124p, inclusive, as amended by this act, sponsoring a chemical disposal day. The grant shall be not more than fifty per cent of the cost to the grantee of conducting such chemical disposal day. An application for a grant shall include a plan for a chemical disposal day which shall comply with any guidelines developed by the commissioner pursuant to section 22a-134m, as amended by this act.
Sec. 48. Subsection (a) of section 22a-134o of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
(a) Any municipality, any group of municipalities [, any regional planning agency organized under the provisions of chapter 127, any regional council of elected officials organized under the provisions of chapter 50,] or any regional council of government organized under the provisions of sections 4-124i to 4-124p, inclusive, as amended by this act, sponsoring a chemical disposal day shall enter into a contract with a hazardous waste transporter or waste collection company licensed under section 22a-454 to dispose of the hazardous waste collected during a chemical disposal day. Such contract shall (1) make the transporter or company, upon receipt of hazardous waste, liable for any violation of a federal or state statute concerning the generation, transportation or disposal of hazardous waste, (2) identify the transporter or company as the generator of hazardous waste collected and (3) make the transporter or company responsible for providing material and equipment for handling, labeling, loading and transporting hazardous waste.
Sec. 49. Section 22a-223 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
The Commissioner of Energy and Environmental Protection may, from proceeds of the sale of state bonds allocated by the State Bond Commission to the Department of Energy and Environmental Protection in accordance with subdivision (8) of subsection (e) of section 2 of special act 82-46, provide funds to any municipality, any group of municipalities [, any regional planning agency organized under the provisions of chapter 127, any regional council of elected officials organized under the provisions of chapter 50] or any regional council of governments organized under the provisions of sections 4-124i to 4-124p, inclusive, as amended by this act, for a preliminary feasibility study of an energy recovery system or an incinerator. Any such study shall be prepared in consultation with said commissioner and shall include but not be limited to an investigation of the markets for the system, identification of the waste stream, cost estimates of system construction and the cost per ton of solid waste disposal. The amount of such funds granted for any single study shall not exceed eighty per cent of the total cost of such study and in no event shall the total amount granted for any single study exceed twenty-five thousand dollars.
Sec. 50. Section 22a-353 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
The Secretary of the Office of Policy and Management or his or her designee shall be the contractor for the purposes of sections 22a-352 to 22a-354, inclusive, and may engage consultants or arrange for other technical assistance to implement the work program, and within the limitations of the budget, developed under subdivision (1) of subsection (a) of section 22a-352. The Secretary of the Office of Policy and Management, or his or her designee, may make grants to any [regional planning agency established under authority of chapter 127, any regional council of elected officials in any region where there is no regional planning agency or any] regional council of governments organized under sections 4-124i to 4-124p, inclusive, as amended by this act, for the purpose of preparing regional plans for water and sewer facilities. Such grants may cover retroactively work initiated by a regional planning agency after January 1, 1967. The Secretary of the Office of Policy and Management or his or her designee shall apply for any and all funds available from the federal government to support such planning work and shall see that regional [planning agencies, regional councils of elected officials or] councils of government receiving state grants take similar advantage of available federal funds in order to reduce expenditure of funds appropriated under section 22a-354, provided utilization of such federal funds shall not unduly delay the conduct of said study.
Sec. 51. Subsection (b) of section 23-101 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
(b) There is established a greenways small grants program which shall be administered by the Commissioner of Energy and Environmental Protection. The commissioner may, within available appropriations, make a grant to any municipality [, regional planning agency organized under the provisions of chapter 127, any regional council of elected officials organized under the provisions of chapter 50,] or any regional council of government organized under the provisions of sections 4-124i to 4-124p, inclusive, as amended by this act, and nongovernmental organizations for planning, design and implementation of greenway projects. Any grant shall be not more than five thousand dollars and the total amount of all grants under this subsection shall not exceed fifty thousand dollars in any fiscal year. Land acquisition costs shall not be eligible for reimbursement with grants under this section.
Sec. 52. Subdivision (1) of section 25-68j of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
(1) "Eligible applicant" means any municipality [, regional planning agency organized under the provisions of chapter 127, any regional council of elected officials organized under the provisions of chapter 50,] or any regional council of government organized under the provisions of sections 4-124i to 4-124p, inclusive, as amended by this act;
Sec. 53. Subsection (e) of section 25-204 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
(e) After adoption pursuant to subsection (d) of this section of an inventory, statement of objectives and map, the river committee shall prepare a report on all federal, state and municipal laws, plans, programs and proposed activities which may affect the river corridor defined in such map. Such laws shall include regulations adopted pursuant to chapter 440 and zoning, subdivision and site plan regulations adopted pursuant to section 8-3. Such plans shall include plans of conservation and development adopted pursuant to section 8-23, as amended by this act, the state plan for conservation and development, water utility supply plans adopted pursuant to section 25-32d, coordinated water system plans adopted pursuant to section 25-33h, municipal open space plans, the commissioner's fish and wildlife plans, the master transportation plan adopted pursuant to section 13b-15, [plans prepared by regional planning agencies pursuant to section 8-31a,] and publicly-owned wastewater treatment facility plans. State and regional agencies shall, within available resources, assist the river committee in identifying such laws, plans, programs and proposed activities. The report to be prepared pursuant to this section shall identify any conflicts between such federal, state, regional and municipal laws, plans, programs and proposed activities and the river committee's objectives for river corridor protection and preservation as reflected in the statement of objectives. If conflicts are identified, the river committee shall notify the applicable state, regional or municipal agencies and such agencies shall, within available resources, attempt with the river commission to resolve such conflicts.
Sec. 54. Subsection (b) of section 32-1c of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
(b) The Commissioner of Economic and Community Development may make available technical and financial assistance and advisory services to any appropriate agency, authority, [or] commission or council for planning and other functions pertinent to economic development provided any financial assistance to a [regional planning agency or a regional council of elected officials] regional council of governments shall have the prior approval of the Secretary of the Office of Policy and Management or his designee. Financial assistance shall be rendered upon such contractual arrangements as may be agreed upon by the commissioner and any such agency, authority, [or] commission or council in accordance with their respective needs, and the commissioner may determine the qualifications of personnel or consultants to be engaged for such assistance.
Sec. 55. Subsection (a) of section 32-7 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
(a) The department is authorized to (1) promote and assist the formation of municipal or regional economic development commissions under sections 7-136 and 7-137, or any other provision of the general statutes or any special act; and (2) make available technical and financial assistance to any municipal or regional economic development commission, regional economic development corporation [, regional planning agency organized under the provisions of chapter 127,] or a regional council of governments organized under sections 4-124i to 4-124p, inclusive. [, or any regional council of elected officials organized under the provisions of chapter 50 for planning and implementation of regional economic development.] Such financial assistance may be provided to expand or establish the capacity for planning and implementation of regional economic development, including, but not limited to, business retention and recruitment, infrastructure enhancement, labor force development and financial credit availability. Financial assistance may be used for strategic economic development plans, establishment of regional economic databases, regional marketing for business retention and recruitment, coordination of economic development efforts with regional, local, state and federal agencies, surveys, land use studies, site development plans and for any other functions of economic development commissions as set forth in said sections 7-136 and 7-137 or any other provision of the general statutes or any special act.
Sec. 56. Subsection (p) of section 32-23d of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
(p) "Regional [planning agency"] council of governments" means a regional [planning agency] council of governments created under [chapter 127] section 4-124j, as amended by this act.
Sec. 57. Section 32-23e of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
To accomplish the purposes of the corporation, which are hereby determined to be public purposes for which public funds may be expended, and in addition to any other powers provided by law, the corporation shall have power to: (1) Determine the location and character of any project to be financed under the provisions of said chapters and sections, provided any financial assistance shall be approved in accordance with written procedures prepared pursuant to subdivision (14) of this section; (2) purchase, receive, by gift or otherwise, lease, exchange, or otherwise acquire, and construct, reconstruct, improve, maintain, equip and furnish one or more projects, including all real and personal property which the corporation may deem necessary in connection therewith, and to enter into a contract with a person therefor upon such terms and conditions as the corporation shall determine to be reasonable, including but not limited to reimbursement for the planning, designing, financing, construction, reconstruction, improvement, equipping, furnishing, operation and maintenance of the project and any claims arising therefrom and establishment and maintenance of reserve and insurance funds with respect to the financing of the project; (3) insure any or all payments to be made by the borrower under the terms of any agreement for the extension of credit or making of a loan by the corporation in connection with any economic development project to be financed, wholly or in part, through the issuance of bonds or mortgage payments of any mortgage which is given by a mortgagor to the mortgagee who has provided the mortgage for an economic development project upon such terms and conditions as the corporation may prescribe and as provided herein, and the faith and credit of the state are pledged thereto; (4) in connection with the insuring of payments of any mortgage, request for its guidance a finding of the municipal planning commission, or, if there is no planning commission, a finding of the municipal officers, of the municipality in which the economic development project is proposed to be located, or of the regional [planning agency] council of governments of which such municipality is a member, as to the expediency and advisability of the economic development project; (5) sell or lease to any person, all or any portion of a project, purchase from eligible financial institutions mortgages with respect to economic development projects, purchase or repurchase its own bonds, and sell, pledge or assign to any person any such bonds, mortgages, or other loans, notes, revenues or assets of the corporation, or any interest therein, for such consideration and upon such terms as the corporation may determine to be reasonable; (6) mortgage or otherwise encumber all or any portion of a project whenever it shall find such action to be in furtherance of the purposes of said chapters and sections; (7) enter into agreements with any person, including prospective mortgagees and mortgagors, for the purpose of planning, designing, constructing, acquiring, altering and financing projects, providing liquidity or a secondary market for mortgages or other financial obligations incurred with respect to facilities which would qualify as a project under this chapter, purchasing loans made by regional corporations under section 32-276, or for any other purpose in furtherance of any other power of the corporation; (8) grant options to purchase or renew a lease for any of its projects on such terms as the corporation may determine to be reasonable; (9) employ or retain attorneys, accountants and architectural, engineering and financial consultants and such other employees and agents and to fix their compensation and to employ the Connecticut Development Credit Corporation on a cost basis as it shall deem necessary to assist it in carrying out the purposes of said corporation legislation; (10) accept from a federal agency loans, grants or loan guarantees or otherwise participate in any loan, grant, loan guarantee or other financing or economic or project development program of a federal agency in furtherance of, and consistent with, the purposes of the corporation, and enter into agreements with such agency respecting any such loans, grants, loan guarantees or federal agency programs; (11) provide tenant lease guarantees and performance guarantees, invest in, extend credit or make loans to any person for the planning, designing, financing, acquiring, constructing, reconstructing, improving, expanding, continuing in operation, equipping and furnishing of a project and for the refinancing of existing indebtedness with respect to any facility or part thereof which would qualify as a project in order to facilitate substantial improvements thereto, which guarantees, investments, credits or loans may be secured by loan agreements, lease agreements, installment sale agreements, mortgages, contracts and all other instruments or fees and charges, upon such terms and conditions as the corporation shall determine to be reasonable in connection with such loans, including provision for the establishment and maintenance of reserve and insurance funds and in the exercise of powers granted in this section in connection with a project for such person, to require the inclusion in any contract, loan agreement or other instrument, such provisions for the construction, use, operation and maintenance and financing of a project as the corporation may deem necessary or desirable; (12) in connection with any application for assistance under said corporation legislation, or commitments therefor, to make and collect such fees and charges as the corporation shall determine to be reasonable; (13) adopt procedures, in accordance with the provisions of section 1-121, to carry out the purposes of the corporation, which may give priority to applications for financial assistance based upon the extent the project will materially contribute to the economic base of the state by creating or retaining jobs, providing increased wages or benefits to employees, promoting the export of products or services beyond the boundaries of the state, encouraging innovation in products or services, encouraging defense-dependent business to diversify to nondefense production, promoting standards of participation adopted by the Connecticut partnership compact pursuant to section 33-374g of the general statutes, revision of 1958, revised to 1991, or will otherwise enhance existing activities that are important to the economic base of the state, provided regulation-making proceedings commenced before January 1, 1989, shall be governed by sections 4-166 to 4-174, inclusive; (14) maintain an office at such place or places within the state as it may designate; (15) when it becomes necessary or feasible for the corporation to safeguard itself from losses, acquire, purchase, manage and operate, hold and dispose of real and personal property, take assignments of rentals and leases and make and enter into all contracts, leases, agreements and arrangements necessary or incidental to the performance of its duties; (16) in order to further the purposes of the corporation, or to assure the payment of the principal and interest on bonds or notes of the corporation or to safeguard the mortgage insurance fund, purchase, acquire and take assignments of notes, mortgages and other forms of security and evidences of indebtedness, purchase, acquire, attach, seize, accept or take title to any project by conveyance or, by foreclosure, and sell, lease or rent any project for a use specified in said chapters and sections or in this chapter; (17) do, or delegate, any and all things necessary or convenient to carry out the purposes and to exercise the powers given and granted to the corporation; (18) to accept from the department: (A) Financial assistance, (B) revenues or the right to receive revenues with respect to any program under the supervision of the department, and (C) loan assets or equity interests in connection with any program under the supervision of the department; to make advances to and reimburse the department for any expenses incurred or to be incurred by it in the delivery of such assistance, revenues, rights, assets or amounts; to enter into agreements for the delivery of services by the corporation, in consultation with the department and the Connecticut Housing Finance Authority, to third parties which agreements may include provisions for payment by the department to the corporation for the delivery of such services; and to enter into agreements with the department or with the Connecticut Housing Finance Authority for the sharing of assistants, agents and other consultants, professionals and employees, and facilities and other real and personal property used in the conduct of the corporation's affairs; and (19) to transfer to the department: (A) Financial assistance, (B) revenues or the right to receive revenues with respect to any program under the supervision of the corporation, and (C) loan assets or equity interests in connection with any program under the supervision of the corporation, provided the transfer of such financial assistance, revenues, rights, assets or interests is determined by the corporation to be practicable, within the constraints and not inconsistent with the fiduciary obligations of the corporation imposed upon or established upon the corporation by any provision of the general statutes, the corporation's bond resolutions or any other agreement or contract of the authority and to have no adverse effect on the tax-exempt status of any bonds of the corporation or the state.
Sec. 58. Subsection (h) of section 32-222 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
(h) "Eligible applicant" means any for-profit or nonprofit organization, or any combination thereof, any municipality, regional [planning agency] council of governments or any combination thereof and further provided, in the case of a loan made by Connecticut Innovations, Incorporated in which the department purchases a participation interest, "eligible applicant" means the for-profit or nonprofit organization, or any combination thereof, that will receive the proceeds of such loan;
Sec. 59. Subsections (b) and (c) of section 32-224 of the general statutes are repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
(b) The implementing agency may initiate a municipal development project by preparing and submitting a development plan to the commissioner. Such plan shall meet an identified public need and include: (1) A legal description of the real property within the boundaries of the project area; (2) a description of the present condition and uses of such real property; (3) a description of the process utilized by the agency to prepare the plan and a description of alternative approaches considered to achieve project objectives; (4) a description of the types and locations of land uses or building uses proposed for the project area; (5) a description of the types and locations of present and proposed streets, sidewalks and sanitary, utility and other facilities and the types and locations of other proposed project improvements; (6) statements of the present and proposed zoning classification and subdivision status of the project area and the areas adjacent to the project area; (7) a plan for relocating project area occupants; (8) a financing plan; (9) an administrative plan; (10) an environmental analysis, marketability and proposed land use study, or building use study if required by the commissioner; (11) appraisal reports and title searches if required by the commissioner; (12) a description of the public benefit of the project, including, but not limited to, (A) the number of jobs which the implementing agency anticipates would be created or retained by the project, (B) the estimated property tax benefits, (C) the number and types of existing housing units in the municipality in which the project would be located, and in contiguous municipalities, which would be available to employees filling such jobs, (D) a general description of infrastructure improvements, including public access, facilities or use, that the implementing agency anticipates may be needed to implement the development plan, (E) a general description of the implementing agency's goals for blight remediation or, if known, environmental remediation, (F) a general description of any aesthetic improvements that the implementing agency anticipates may be generated by the project, (G) a general description of the project's intended role in increasing or sustaining market value of land in the municipality, (H) a general description of the project's intended role in assisting residents of the municipality to improve their standard of living, and (I) a general statement of the project's role in maintaining or enhancing the competitiveness of the municipality; (13) a finding that (A) the land and buildings within the boundaries of the project area will be used principally for manufacturing or other economic base business purposes or business support services; (B) the plan is in accordance with the plan of conservation and development for the municipality, if any, adopted by its planning commission under section 8-23, as amended by this act, and the plan of development of the regional [planning agency] council of governments adopted under section 8-35a, as amended by this act, if any, for the region within which the municipality is located; (C) the plan was prepared giving due consideration to the state plan of conservation and development adopted under chapter 297 and other state-wide planning program objectives of the state or state agencies as coordinated by the Secretary of the Office of Policy and Management; and (D) the project will contribute to the economic welfare of the municipality and the state and that to carry out and administer the project, public action under sections 32-220 to 32-234, inclusive, is required; and (14) a preliminary statement describing the proposed process for acquiring each parcel of real property, including findings that (A) public benefits resulting from the plan will outweigh any private benefits; (B) existing use of the real property cannot be feasibly integrated into the overall plan for the project; (C) acquisition by eminent domain is reasonably necessary to successfully achieve the objectives of such plan; and (D) the plan is not for the primary purpose of increasing local tax revenues. The provisions of this subsection with respect to submission of a development plan to and approval by the commissioner and with respect to a finding that the plan was prepared giving due consideration to the state plan of conservation and development and state-wide planning program objectives of the state or its agencies shall not apply to a project for which no financial assistance has been given and no application for financial assistance is to be made under section 32-223. Any plan that has been prepared under chapters 130, 132 or 588a may be submitted by the implementing agency to the legislative body of the municipality and to the commissioner in lieu of a plan initiated and prepared in accordance with this section, provided all other requirements of sections 32-220 to 32-234, inclusive, for obtaining the approval of the commissioner of the development plan are satisfied. Any action taken in connection with the preparation and adoption of such plan shall be deemed effective to the extent such action satisfies the requirements of said sections.
(c) (1) No plan shall be adopted unless the planning commission of the municipality finds that the plan is in accord with the plan of development, if any, for the municipality and the regional [planning agency, if any,] council of governments organized under [chapter 127] section 4-124j, as amended by this act, for the region within which such municipality is located finds that such plan is in accord with the plan of development, if any, for such region. If the regional [planning agency] council of governments fails to make a finding concerning the plan within thirty-five days of receipt thereof, by such [agency] council, it shall be presumed that such [agency] council does not disapprove of the plan. The implementing agency shall hold at least one public hearing on the plan and shall cause notice of the time, place, and subject of any public hearing to be published at least once in a newspaper of general circulation in the municipality not less than one week nor more than three weeks prior to the date of such public hearing. At least thirty-five days prior to the public hearing, the implementing agency shall post the plan on the Internet web site of the implementing agency, if any. Upon adoption of the plan the implementing agency shall submit the plan to the legislative body of the municipality for approval or disapproval. Any approval by the implementing agency and legislative body of the municipality made under this section shall specifically provide for approval of any findings contained therein. After approval of the plan by the legislative body of the municipality, the plan shall be submitted to the commissioner for his approval. If the commissioner requires a substantial modification of the plan as a condition of approval, the plan shall be subject to a public hearing and approval by the implementing agency and the legislative body of the municipality in accordance with the provisions of this subsection.
(2) The plan shall be effective for a period of ten years after the date of approval and may be amended in accordance with this section. The legislative body shall review the plan at least once every ten years after the initial approval, and shall reapprove the plan or an amended plan at least once every ten years after the initial approval in accordance with this section in order for the plan or amended plan to remain in effect. With respect to a development plan for a project that is funded in whole or in part by federal funds, the provisions of this subdivision shall not apply to the extent that such provisions are prohibited by federal law.
Sec. 60. Subdivision (2) of section 32-327 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
(2) "Agency" means any regional economic development commission formed under sections 7-136 and 7-137, other regional development commission or corporation formed under any other provision of the general statutes or any special act, [any regional planning agency organized under the provisions of chapter 127,] or any regional council of governments organized under sections 4-124i to 4-124p, inclusive, as amended by this act, [or any regional council of elected officials organized under the provisions of chapter 50 for planning and implementation of regional economic development,] except that for purposes of financial assistance for greenways projects, "agency" means a municipality or other organizations.
Sec. 61. Section 4-124p of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
Each regional council of governments established under the provisions of sections 4-124i to 4-124p, inclusive, as amended by this act, is authorized to receive for its own use and purposes any funds from any source including the state and federal governments and including bequests, gifts and contributions made by any individual, corporation or association. Any town, city or borough participating in a regional council of governments shall annually appropriate funds for the expenses of such council in the performance of its purposes. Such funds shall be appropriated and paid in accordance with a dues formula established by the regional council of governments. Such council may withhold any services it deems advisable from any town, city or borough which has failed to pay such dues. Within the amount so received, a council may engage employees, and contract with professional consultants, municipalities, the state and the federal governments, other regional councils of governments [, regional councils of elected officials, regional planning agencies] and other intertown, regional or metropolitan agencies, or with any one or more of them, and may enter into contracts from time to time to carry out its purposes. Any such contract shall be approved by action of the regional council of governments in a manner prescribed by the council. [Any regional council of governments may enter into a contract to carry out its purpose with any other regional council of governments, any regional council of elected officials, established under sections 4-124c to 4-124h, inclusive, or any regional planning agency formed under section 8-31a.] The accounts of any regional council of governments shall be subject to an annual audit under the provisions of chapter 111 and such council shall file an annual report with the clerks of its member towns, cities or boroughs, with planning commissions, if any, of members, and with the Secretary of the Office of Policy and Management, or his designee.
Sec. 62. (NEW) (Effective January 1, 2015) (a) (1) Wherever the term "regional planning agency" is used in the following general statutes, the term "regional council of governments" shall be substituted in lieu thereof; and (2) wherever the term "regional planning agencies" is used in the following general statutes, the term "regional councils of governments" shall be substituted in lieu thereof: 8-35b, 8-36c, 8-164, 8-166, 8-189, 8-336f, 8-384, 13b-38a, 13b-79ll, 16-32f, 16-50l, 16-358, 16a-28, 16a-35c, 22-26dd, 22a-102, 22a-118, 22a-137, 22a-207, 22a-211, 22a-352, 23-8, 25-33e, 22-33f to 25-33h, inclusive, 25-68d, 25-102qq and 25-233.
(b) The Legislative Commissioners' Office shall, in codifying the provisions of this section, make such technical, grammatical and punctuation changes as are necessary to carry out the purposes of this section.
Sec. 63. Section 16a-4c of the general statutes, as amended by section 1 of this act, is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
(a) On or before January 1, 2015, any regional planning agency [created pursuant to sections 8-31a to 8-37a, inclusive,] and any regional council of elected officials [, as defined in subdivision (2) of section 4-124i, as amended by this act,] shall be restructured to form a regional council of governments as provided in section 4-124j, as amended by this act, and the boundaries of planning regions designated pursuant to section 16a-4a, as amended by this act, shall conform to the boundaries of the eight Connecticut counties constituted pursuant to section 6-1, except as otherwise provided in subsection (b) or (c) of this section.
(b) On or before July 1, 2014, the legislative body of any town bordering a county line may determine the adjacent region of which to become a member.
(c) On or before January 1, 2015, any two or more counties may voluntarily consolidate to form a single regional council of governments.
(d) A regional council of governments may accept or participate in any grant, donation or program available to any political subdivision of the state and may also accept or participate in any grant, donation or program made available to counties by any other governmental or private entity. Notwithstanding the provisions of any special or public act, any political subdivision of the state may enter into an agreement with a regional council of governments to perform jointly or to provide, alone or in cooperation with any other entity, any service, activity or undertaking that the political subdivision is authorized by law to perform. A regional council of governments established pursuant to this section may administer and provide regional services to municipalities and may delegate such authority to subregional groups of such municipalities. Regional services provided to member municipalities shall be determined by each regional council of governments and may include, without limitation, the following services: (1) Engineering; (2) inspectional and planning; (3) economic development; (4) public safety; (5) emergency management; (6) animal control; (7) land use management; (8) tourism promotion; (9) social; (10) health; (11) education; (12) data management; (13) regional sewerage; (14) housing; (15) computerized mapping; (16) household hazardous waste collection; (17) recycling; (18) public facility siting; (19) coordination of master planning; (20) vocational training and development; (21) solid waste disposal; (22) fire protection; (23) regional resource protection; (24) regional impact studies; and (25) transportation.
Sec. 64. Section 16a-4 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
The Secretary of the Office of Policy and Management shall employ, subject to the provisions of chapter 67, such staff as is required for the proper discharge of duties of the office as set forth in this chapter and sections 4-5, 4-124l, as amended by this act, 8-3b, as amended by this act, [8-32a, 8-33a,] 8-35a, as amended by this act, and 8-189, subsection (b) of section 8-206 and sections 16a-20, 16a-102, 22a-352 and 22a-353, as amended by this act. The secretary may adopt, pursuant to chapter 54, such regulations as are necessary to carry out the purposes of this chapter.
Sec. 65. Section 16a-6 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
Each department, office, board, commission, council or other agency of the state and each officer or employee shall cooperate with the Commissioner of Energy and Environmental Protection and shall furnish him such information, personnel and assistance as may be necessary or appropriate in the discharge of the responsibilities of said commissioner and the board under this chapter and sections 4-5, 4-124l, as amended by this act, 4-124p, as amended by this act, 8-3b, as amended by this act, [8-32a, 8-33a,] 8-35a and 8-189, subsection (b) of section 8-206 and sections 16a-20, 16a-102, 22a-352 and 22a-353, as amended by this act. The Commissioner of Motor Vehicles shall require each person applying for a license under section 14-319 to submit in his application the information which persons registering under section 16a-22d are required to submit. The Commissioner of Motor Vehicles shall furnish the Commissioner of Energy and Environmental Protection with such information.
Sec. 66. Section 16a-14 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
In addition to the duties set forth in any other law, the Commissioner of Energy and Environmental Protection may: (1) Be designated as the state official to implement and execute any federal program, law, order, rule or regulation related to the allocation, rationing, conservation, distribution or consumption of energy resources, (2) investigate any complaint concerning the violation of any federal or state statute, rule, regulation or order pertaining to pricing, allocation, rationing, conservation, distribution or consumption of energy resources and shall transmit any evidence gathered by such investigation to the proper federal or state authorities, (3) coordinate all state and local government programs for the allocation, rationing, conservation, distribution and consumption of energy resources, (4) cooperate with the appropriate authorities of the United States government, or other state or interstate agencies with respect to allocation, rationing, conservation, distribution and consumption of energy resources, (5) conduct programs of public education regarding energy conservation, (6) carry out a program of studies, hearings, inquiries, surveys and analyses necessary to carry out the purposes of this chapter and sections [4-124c,] 4-124i, as amended by this act, 4-124l, as amended by this act, 4-124p, as amended by this act, 8-3b, as amended by this act, [8-31a, 8-32a, 8-33a,] 8-35a, as amended by this act, [8-37a] and 8-189, subsection (b) of section 8-206 and sections 16a-20, 16a-102, 22a-352 and 22a-353, as amended by this act, provided if an individual or business furnishing commercial or financial information concerning such individual or business requests in writing at the time such information is furnished that it be treated as confidential proprietary information, such information, to the extent that it is limited to (A) volume of sales, shipments, receipts and exchanges of energy resources, (B) inventories of energy resources, and (C) local distribution patterns of energy resources, shall be exempt from the provisions of subsection (a) of section 1-210, (7) enter into contracts with any person to do all things necessary or convenient to carry out the functions, powers and duties of the commissioner and the Department of Energy and Environmental Protection under this chapter and sections 4-5, 4-124l, as amended by this act, 4-124p, as amended by this act, 8-3b, as amended by this act, [8-32a, 8-33a,] 8-35a, as amended by this act, and 8-189, subsection (b) of section 8-206 and sections 16a-20, 16a-102, 22a-352 and 22a-353, as amended by this act, (8) adopt regulations, in accordance with chapter 54, to establish standards for solar energy systems, including experimental systems, which offer practical alternatives to the use of conventional energy with regard to current technological feasibility and the climate of this state, and (9) undertake such other duties and responsibilities as may be delegated by other state statutes or by the Governor.
Sec. 67. Subsection (a) of section 22a-285a of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):
(a) Notwithstanding any provision of the general statutes or any special act or municipal charter, on or after December 1, 1990, the Connecticut Resources Recovery Authority, acting by itself or through a regional resources recovery authority, may establish an ash residue disposal area on all or part of not more than two sites east of the Connecticut River and two sites west of the Connecticut River, provided such sites (1) are not owned or operated by the authority on July 5, 1989, and (2) are identified in table 8 of the report prepared pursuant to section 22a-228b entitled "Identification of Potential Ash Residue Disposal Sites" and dated January, 1989, or determined by the Commissioner of Energy and Environmental Protection to be capable of meeting the siting criteria described in said report. No site shall be located within four miles of any ash residue disposal area owned or operated by the authority on January 1, 1989, or in any municipality in which a resources recovery facility and an ash residue disposal area are located and not more than one site shall be established in any one regional planning area as defined by the Secretary of the Office of Policy and Management pursuant to section [8-31a] 16a-4c, as amended by this act.
Sec. 68. Sections 4-124c to 4-124f, inclusive, 4-124h, 4-124m, 4-124o, 8-31a, 8-32a, 8-33a, 8-34a, 8-36a, 8-37a and 8-37b of the general statutes are repealed. (Effective January 1, 2015)
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
from passage |
16a-4c |
Sec. 2 |
from passage |
4-66k |
Sec. 3 |
from passage |
4-124q |
Sec. 4 |
from passage |
4-124s |
Sec. 5 |
from passage |
New section |
Sec. 6 |
January 1, 2015 |
2-79a(a) |
Sec. 7 |
January 1, 2015 |
4-124i |
Sec. 8 |
January 1, 2015 |
4-124j |
Sec. 9 |
January 1, 2015 |
4-124l |
Sec. 10 |
January 1, 2015 |
4-124u |
Sec. 11 |
January 1, 2015 |
4-230(10) |
Sec. 12 |
January 1, 2015 |
4b-24a |
Sec. 13 |
January 1, 2015 |
4d-90 |
Sec. 14 |
January 1, 2015 |
5-259(a) |
Sec. 15 |
January 1, 2015 |
5-259(i) |
Sec. 16 |
January 1, 2015 |
7-130w |
Sec. 17 |
January 1, 2015 |
7-136e |
Sec. 18 |
January 1, 2015 |
7-391 |
Sec. 19 |
January 1, 2015 |
7-425(1) to (3) |
Sec. 20 |
January 1, 2015 |
7-427(a) |
Sec. 21 |
January 1, 2015 |
7-452(1) to (4) |
Sec. 22 |
January 1, 2015 |
7-465 |
Sec. 23 |
January 1, 2015 |
7-479 |
Sec. 24 |
January 1, 2015 |
8-2j(e) |
Sec. 25 |
January 1, 2015 |
8-3b |
Sec. 26 |
January 1, 2015 |
8-23(g)(4) |
Sec. 27 |
January 1, 2015 |
8-26b |
Sec. 28 |
January 1, 2015 |
8-35a |
Sec. 29 |
January 1, 2015 |
8-35e |
Sec. 30 |
January 1, 2015 |
8-37u(a) |
Sec. 31 |
January 1, 2015 |
8-163(f) |
Sec. 32 |
January 1, 2015 |
8-165 |
Sec. 33 |
January 1, 2015 |
8-191 |
Sec. 34 |
January 1, 2015 |
8-206(c) |
Sec. 35 |
January 1, 2015 |
8-385(b) |
Sec. 36 |
January 1, 2015 |
12-81(77) |
Sec. 37 |
January 1, 2015 |
13b-16b(b) |
Sec. 38 |
January 1, 2015 |
13b-31a |
Sec. 39 |
January 1, 2015 |
13b-57d(a)(5) |
Sec. 40 |
January 1, 2015 |
13b-78l |
Sec. 41 |
January 1, 2015 |
13b-79p(f) |
Sec. 42 |
January 1, 2015 |
16-243z |
Sec. 43 |
January 1, 2015 |
16a-4a |
Sec. 44 |
January 1, 2015 |
22-26j |
Sec. 45 |
January 1, 2015 |
22a-134l |
Sec. 46 |
January 1, 2015 |
22a-134m |
Sec. 47 |
January 1, 2015 |
22a-134n(a) |
Sec. 48 |
January 1, 2015 |
22a-134o(a) |
Sec. 49 |
January 1, 2015 |
22a-223 |
Sec. 50 |
January 1, 2015 |
22a-353 |
Sec. 51 |
January 1, 2015 |
23-101(b) |
Sec. 52 |
January 1, 2015 |
25-68j(1) |
Sec. 53 |
January 1, 2015 |
25-204(e) |
Sec. 54 |
January 1, 2015 |
32-1c(b) |
Sec. 55 |
January 1, 2015 |
32-7(a) |
Sec. 56 |
January 1, 2015 |
32-23d(p) |
Sec. 57 |
January 1, 2015 |
32-23e |
Sec. 58 |
January 1, 2015 |
32-222(h) |
Sec. 59 |
January 1, 2015 |
32-224(b) and (c) |
Sec. 60 |
January 1, 2015 |
32-327(2) |
Sec. 61 |
January 1, 2015 |
4-124p |
Sec. 62 |
January 1, 2015 |
New section |
Sec. 63 |
January 1, 2015 |
16a-4c |
Sec. 64 |
January 1, 2015 |
16a-4 |
Sec. 65 |
January 1, 2015 |
16a-6 |
Sec. 66 |
January 1, 2015 |
16a-14 |
Sec. 67 |
January 1, 2015 |
22a-285a(a) |
Sec. 68 |
January 1, 2015 |
Repealer section |
Statement of Purpose:
To eliminate regional planning agencies and regional councils of elected officials by January 1, 2015, and to replace such agencies and councils with eight regional councils of governments; to require the Northeastern Region Council of Governments to develop a pilot program to address the human services needs of the region; to require the Capital Region Council of Governments to develop a pilot program to improve services and cost-efficiency in the region; and to require the Valley Council of Governments to develop a pilot program to transfer administration of the HUD Community Development Block Grant Small Cities Program for the towns of Ansonia, Derby, Seymour and Shelton to such council.
[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.]