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Substitute House Bill No. 5522

Public Act No. 04-248

AN ACT CONCERNING THE BOARD OF ASSESSMENT APPEALS FOR THE TOWN OF SOMERS, THE TIME FOR FILING CERTAIN EXEMPTIONS IN EAST HARTFORD, ZONING NEAR CERTAIN LAKES, VALIDATION OF EXECUTIVE NOMINATIONS AND SUBMISSION OF THE STATE PLAN OF CONSERVATION AND DEVELOPMENT.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (Effective from passage) (a) If the town meeting in the town of Somers votes to make null and void the revaluation-based grand list of October 1, 2002, and the grand list for said year is revised to reflect the level of assessment existing prior to such revaluation, the board of assessment appeals shall meet in 2004 during the month of August for the purpose of hearing appeals related to any parcel of real property the assessment of which reflects an increase on said revised grand list as compared to the grand list of October 1, 2001, and for which an increase notice was issued pursuant to section 12-55 of the general statutes. The date by which any person claiming to be aggrieved by the doings of the assessor with respect to such an increase may file a written request for an appeal hearing before said board shall be July 1, 2004. All provisions of section 12-111 of the general statutes shall be applicable with respect to such appeals, except that the date by which said board of assessment appeals shall notify an aggrieved taxpayer of the date and time of an appeal hearing shall be August 1, 2004.

(b) If the town of Somers conducts a hearing during the regular session of such board in 2004, with respect to any parcel of real property the assessment of which was increased on the grand list of October 1, 2002, as revised, over the assessment of such property on the grand list of October 1, 2001, the decision of said board of assessment appeals with respect to any such appeal hearing is herein validated.

Sec. 2. Section 16a-29 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The secretary shall consider the comments received at the public hearings and shall make any necessary or desirable revisions to said plan and within three months of completion of the public hearings submit the plan to the continuing legislative committee on state planning and development, for its approval, revision or disapproval, in whole or in part. Notwithstanding the provisions of this section, the secretary shall submit the State Plan of Conservation and Development Policies Plan, 2004-2009, to said committee on or before December 1, 2004.

Sec. 3. (NEW) (Effective from passage) On and after April 1, 2004, the zoning regulations of a municipality, adopted under any special act or section 8-2 of the general statutes, shall not authorize the construction of structures, accessory structures and other improvements, the total area of which is more than twelve thousand square feet, within two thousand feet of the boundary of any lake, that exceeds five hundred acres. The provisions of this section shall not apply to reservoirs.

Sec. 4. (Effective from passage) Notwithstanding the provisions of section 4-7 of the general statutes, with respect to the confirmation by the Senate or the House of Representatives of an executive nomination within ten calendar days of the report of such nomination by the joint standing committee on executive and legislative nominations, any such nomination confirmed during the 2004 regular session of the General Assembly which is otherwise valid is hereby validated and confirmed.

Sec. 5. (Effective from passage) Notwithstanding the provisions of subparagraph (B) of subdivision (72) of section 12-81 of the general statutes, as amended, any person otherwise eligible for an exemption under said subdivision (72), relating to a manufacturing facility in the town of East Hartford pursuant to subparagraph (A) of said subdivision (72) for grand list year 2003, except that such person failed to make application within the time specified in said subparagraph (B), may submit an application for exemption not later than thirty days after the effective date of this section. The application shall be accompanied by the fee required by section 12-81k of the general statutes. Upon receipt of the application and fee and verification of the exemption eligibility of the machinery and equipment included in such application, the assessor shall approve the exemption for such property. If taxes have been paid on the property for which such exemption is approved, the town of East Hartford shall reimburse such person in an amount by which such taxes exceed the taxes payable if the application had been filed in a timely manner. Notwithstanding the provisions of subsection (a) of section 12-94b of the general statutes, as amended, the assessor of the town of East Hartford may submit such approved exemption application to the Secretary of the Office of Policy and Management together with a request for reimbursement of the tax loss resulting from such exemption. Such reimbursement shall be included in the next certification the secretary makes to the Comptroller under the provisions of section 12-94b of the general statutes, as amended.

Approved June 3, 2004