File No. 506

House of Representatives, April 25, 2005

The Committee on Environment reported through REP. ROY of the 119th Dist., Chairperson of the Committee on the part of the House, that the substitute bill ought to pass.

AN ACT CONCERNING PLANS OF CONSERVATION AND DEVELOPMENT.

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

Section 1. Section 8-23 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2005):

(a) (1) At least once every ten years, the commission shall prepare or amend and shall adopt a plan of conservation and development for the municipality. Following adoption, the commission shall regularly review and maintain such plan. The commission may adopt such geographical, functional or other amendments to the plan or parts of the plan, in accordance with the provisions of this section, as it deems necessary. The commission may, at any time, prepare, amend and adopt plans for the redevelopment and improvement of districts or neighborhoods which, in its judgment, contain special problems or opportunities or show a trend toward lower land values.

(2) If a plan is not amended decennially, the chief elected official of the municipality shall submit a letter to the Secretary of the Office of Policy and Management and the Commissioners of Transportation, Environmental Protection and Economic and Community Development that explains why such plan was not amended. Until the plan is amended in accordance with this subsection, a copy of such letter shall be included in each application by the municipality for funding for the conservation or development of real property submitted to said secretary or commissioners.

(b) In the preparation of such plan, the commission may appoint one or more special committees to develop and make recommendations for the plan. The membership of any special committee may include: Residents of the municipality and representatives of local boards dealing with zoning, inland wetlands, conservation, recreation, education, public works, finance, redevelopment, general government and other municipal functions. In performing its duties under this section, the commission or any special committee may accept information from any source or solicit input from any organization or individual. The commission or any special committee may hold public informational meetings or organize other activities to inform residents about the process of preparing the plan.

(c) In preparing such plan, the commission or any special committee shall consider the following: (1) The community development action plan of the municipality, if any, (2) the need for affordable housing, (3) the need for protection of existing and potential public surface and ground drinking water supplies, (4) the use of cluster development and other development patterns to the extent consistent with soil types, terrain and infrastructure capacity within the municipality, (5) the state plan of conservation and development adopted pursuant to chapter 297, (6) the regional plan of development adopted pursuant to section 8-35a, as amended by this act, (7) physical, social, economic and governmental conditions and trends, (8) the needs of the municipality including, but not limited to, human resources, education, health, housing, recreation, social services, public utilities, public protection, transportation and circulation and cultural and interpersonal communications, [and] (9) the objectives of energy-efficient patterns of development, the use of solar and other renewable forms of energy and energy conservation, and (10) protection and preservation of agriculture.

(d) (1) Such plan of conservation and development shall (A) be a statement of policies, goals and standards for the physical and economic development of the municipality, (B) provide for a system of principal thoroughfares, parkways, bridges, streets, sidewalks, multipurpose trails and other public ways as appropriate, (C) be designed to promote, with the greatest efficiency and economy, the coordinated development of the municipality and the general welfare and prosperity of its people and identify areas where it is feasible and prudent (i) to have compact, transit accessible, pedestrian-oriented mixed use development patterns and land reuse, and (ii) to promote such development patterns land and reuse, [(C)] (D) recommend the most desirable use of land within the municipality for residential, recreational, commercial, industrial, conservation and other purposes and include a map showing such proposed land uses, [(D)] (E) recommend the most desirable density of population in the several parts of the municipality, [(E)] (F) note any inconsistencies [it may have with the state plan of conservation and development adopted pursuant to chapter 297, (F)] with the following growth management principles: (i) Redevelopment and revitalization of commercial centers and areas of mixed land uses with existing or planned physical infrastructure; (ii) expansion of housing opportunities and design choices to accommodate a variety of household types and needs; (iii) concentration of development around transportation nodes and along major transportation corridors to support the viability of transportation options and land reuse; (iv) conservation and restoration of the natural environment, cultural and historical resources and existing farmlands; (v) protection of environmental assets critical to public health and safety; and (vi) integration of planning across all levels of government to address issues on a local, regional and state-wide basis, provided any inconsistencies with such growth management principles or with any state or regional plan of conservation and development shall not be cause for denial of any environmental permit issued by the state, (G) make provision for the development of housing opportunities, including opportunities for multifamily dwellings, consistent with soil types, terrain and infrastructure capacity, for all residents of the municipality and the planning region in which the municipality is located, as designated by the Secretary of the Office of Policy and Management under section 16a-4a, [(G)] (H) promote housing choice and economic diversity in housing, including housing for both low and moderate income households, and encourage the development of housing which will meet the housing needs identified in the housing plan prepared pursuant to section 8-37t and in the housing component and the other components of the state plan of conservation and development prepared pursuant to chapter 297. In preparing such plan the commission shall consider focusing development and revitalization in areas with existing or planned physical infrastructure.

(2) For any municipality that is contiguous to Long Island Sound, such plan shall be (A) consistent with the municipal coastal program requirements of sections 22a-101 to 22a-104, inclusive, (B) made with reasonable consideration for restoration and protection of the ecosystem and habitat of Long Island Sound, and (C) designed to reduce hypoxia, pathogens, toxic contaminants and floatable debris in Long Island Sound.

(e) Such plan may show the commission's and any special committee's recommendation for (1) conservation and preservation of traprock and other ridgelines, (2) [a system of principal thoroughfares, parkways, bridges, streets and other public ways, (3)] airports, parks, playgrounds and other public grounds, [(4)] (3) the general location, relocation and improvement of schools and other public buildings, [(5)] (4) the general location and extent of public utilities and terminals, whether publicly or privately owned, for water, sewerage, light, power, transit and other purposes, [(6)] (5) the extent and location of public housing projects, [(7)] (6) programs for the implementation of the plan, including (A) a schedule, (B) a budget for public capital projects, (C) a program for enactment and enforcement of zoning and subdivision controls, building and housing codes and safety regulations, (D) plans for implementation of affordable housing, [and] (E) plans for open space acquisition and greenways protection and development, and (F) plans for corridor management areas along limited access highways or rail lines, designated under section 16a-27, as amended by this act, (7) proposed priority funding areas, and (8) any other recommendations as will, in the commission's or any special committee's judgment, be beneficial to the municipality. The plan may include any necessary and related maps, explanatory material, photographs, charts or other pertinent data and information relative to the past, present and future trends of the municipality.

(f) A plan of conservation and development or any part thereof or amendment thereto prepared by the commission or any special committee shall be reviewed, and may be amended, by the commission prior to scheduling at least one public hearing on adoption. [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 for review and comment to the legislative body. Such body may hold one or more hearings on the proposed plan and shall submit any comments to the commission prior to the public hearing on adoption. The failure of such body to report prior to or at the public hearing shall be taken as approval of the plan.] At least [sixty-five] thirty-five days prior to the public hearing on adoption, the commission shall post the draft plan on the Internet web site of the municipality, if any, and submit a copy of such draft plan to the regional planning agency for review and comment. The regional planning agency shall [report] submit an advisory report along with its comments to the commission at or before the hearing. [The failure of the regional planning agency to report at or before the hearing shall be taken as approval of the plan. The report of the regional planning agency shall be advisory.] Such comments shall include a finding on the consistency of the draft plan with (1) the regional plan of development, adopted under section 8-35a, as amended by this act, (2) the state plan of conservation and development, adopted pursuant to chapter 297, and (3) the plans of conservation and development of other municipalities in the area of operation of the regional planning agency. The commission may revise the draft plan in accordance with the report of the regional planning agency. The commission may render a decision on the plan without the report of the regional planning agency. Prior to the public hearing on adoption, the commission shall file in the office of the town clerk a copy of such draft plan or part thereof or amendment thereto but, in the case of a district commission, such commission shall file such information in the offices of both the district clerk and the town clerk. The commission shall cause to be published in a newspaper having a general circulation in the municipality, at least twice at intervals of not less than two days, the first not more than fifteen days, or less than ten days, and the last not less than two days prior to the date of each such hearing, notice of the time and place of any such public hearing. Such notice shall make reference to the filing of such draft plan in the office of the town clerk, or both the district clerk and the town clerk, as the case may be. After completion of the public hearing, the commission may revise the draft plan. The proposed final plan shall be submitted to the legislative body for its endorsement. The legislative body shall endorse or reject the entire proposed final plan or parts thereof and may submit comments and recommended changes to the commission. In the case of a municipality in which the legislative body is a town meeting, the proposed final plan shall be submitted to the board of selectmen. The board may conduct a public hearing on such plan. Not more than forty-five days after receipt of the plan by the board of selectmen, the entire proposed final plan or parts thereof may be endorsed or rejected at a town meeting and such town meeting may submit comments and recommended changes to the commission.

(g) The commission may adopt the plan or any part thereof or amendment thereto by a single resolution or may, by successive resolutions, adopt parts of the plan and amendments thereto. Any plan, section of a plan or recommendation in the plan, not endorsed by the legislative body of the municipality may be adopted by the commission by a vote of not less than two-thirds of all the members of the commission. Upon adoption by the commission, any plan or part thereof or amendment thereto shall become effective at a time established by the commission, provided notice thereof shall be published in a newspaper having a general circulation in the municipality prior to such effective date. Any plan or part thereof or amendment thereto shall be posted on the Internet web site of the municipality, if any, and shall be filed in the office of the town clerk, except that, if it is a district plan or amendment, it shall be filed in the offices of both the district and town clerks. The commission shall notify the Secretary of the Office of Policy and Management of any inconsistency between the plan adopted by the commission and the state plan of conservation and development and the reasons therefor.

[(h) Following adoption of a new plan by the commission, the legislative body of any municipality may hold one or more hearings on the proposed plan and, by resolution, may endorse the plan for the municipality.]

(h) Any owner or tenant, or authorized agent of such owner or tenant, of real property or buildings thereon located in the municipality may submit a proposal to the commission requesting a change to the plan of conservation and development. Such proposal shall be submitted in writing and on a form prescribed by the commission. Notwithstanding the provisions of subsection (a) of section 8-7d, the commission shall determine if a public hearing shall be held on the proposal not less than thirty-five days after submission of such proposal. The commission shall hold a public hearing on such proposal if it determines that such hearing is in the public interest. Except as provided in this section, any public hearing and decision shall be in accordance with the periods of time permitted under section 8-7d. The commission shall approve, deny or modify the proposal. Notwithstanding the provisions of this section, if the commission determines, at any time after the proposal is received, that such proposal would require changes to the plan of conservation and development that would be a significant change to the policies and goals of the plan of conservation and development, the commission shall consider the proposal in accordance with the provisions of subsection (f) of this section.

Sec. 2. Section 8-35a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2005):

(a) [Each] At least once every ten years, each regional planning agency shall make a plan of 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, 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 development or any part thereof or amendment thereto the agency 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. [, and to the Secretary of the Office of Policy and Management, or his designee.] Notice of the time, place and subject of such hearing shall be published once in a newspaper having a substantial circulation in the region. At least sixty-five days before the public hearing the regional planning agency shall post the plan on the Internet web site of the agency, 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. Such findings shall include a review of the plan to determine if the proposed regional plan of development is not inconsistent with the state plan of conservation and development. Such notices shall be given not more than twenty days nor less than ten days before such hearing. The regional planning agency 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. [A] The plan shall be posted on the Internet web site of the agency, if any, and a copy of the plan or of any amendments thereto, signed by the chairman of the agency, 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 designee. The regional planning agency 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 development not more than three years after the effective date of this section.

(d) The regional planning agency 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. The regional planning agency 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 shall have adopted a policy governing such assistance. The regional planning agency 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. 3. Section 16a-27 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2005):

(a) The secretary, after consultation with all appropriate state, regional and local agencies and other appropriate persons shall prior to March 1, 2003, complete a revision of the existing plan and enlarge it to include, but not be limited to, policies relating to transportation, energy and air. Any revision made after May 15, 1991, shall identify the major transportation proposals, including proposals for mass transit, contained in the master transportation plan prepared pursuant to section 13b-15. Any revision made after July 1, 1995, shall take into consideration the conservation and development of greenways that have been designated by municipalities and shall recommend that state agencies coordinate their efforts to support the development of a state-wide greenways system. The Commissioner of Environmental Protection shall identify state-owned land for inclusion in the plan as potential components of a state greenways system.

(b) Any revision made after August 20, 2003, shall take into account (1) economic and community development needs and patterns of commerce, and (2) linkages of affordable housing objectives and land use objectives with transportation systems.

(c) Any revision made after March 1, 2006, shall (1) take into consideration risks associated with natural hazards, including, but not limited to, flooding, high winds and wildfires; (2) identify the potential impacts of natural hazards on infrastructure and property; and (3) make recommendations for the siting of future infrastructure and property development to minimize the use of areas prone to natural hazards, including, but not limited to, flooding, high winds and wildfires.

(d) Any revision after July 1, 2005, shall describe the progress towards achievement of the goals and objectives established in the previously adopted state plan of conservation and development and shall identify (1) areas where it is prudent and feasible (A) to have compact, transit accessible, pedestrian-oriented mixed-use development patterns and land reuse, and (B) to promote such development patterns and land reuse, (2) priority funding areas designated under section 5 of this act, and (3) corridor management areas on either side of a limited access highway or a rail line. In designating corridor management areas, the secretary shall make recommendations that (A) promote land use and transportation options to reduce the growth of traffic congestion; (B) connect infrastructure and other development decisions; (C) promote development that minimizes the cost of new infrastructure facilities and maximizes the use of existing infrastructure facilities; and (D) increase intermunicipal and regional cooperation.

[(d)] (e) Thereafter on or before March first in each revision year the secretary shall complete a revision of the plan of conservation and development.

Sec. 4. Section 16a-28 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2005):

(a) The secretary shall present a draft of the revised plan of conservation and development for preliminary review to the continuing legislative committee on state planning and development prior to September first in 2002 and prior to September first in each prerevision year thereafter.

(b) After December first in 1985 and after December first in each prerevision year thereafter the secretary shall proceed with such further revisions of the draft of the revised plan of conservation and development as he deems appropriate. The secretary shall, by whatever means he deems advisable, publish said plan and disseminate it to the public on or before March first in revision years. The secretary shall post the plan on the Internet web site of the state.

(c) Within five months of publication of said revised plan the secretary shall hold public hearings, in cooperation with regional planning agencies, to solicit comments on said plan.

Sec. 5. (NEW) (Effective July 1, 2005) (a) As used in this section and sections 6 to 9, inclusive:

(1) "Funding" includes any form of assurance, guarantee, grant payment, credit, tax credit or other assistance, including a loan, loan guarantee, or reduction in the principal obligation of or rate of interest payable on a loan or a portion of a loan;

(2) "Growth-related project" means any project which includes (A) the acquisition of real property when the acquisition costs are in excess of one hundred thousand dollars, except the acquisition of open space for the purposes of conservation or preservation; (B) the development or improvement of real property when the development costs are in excess of one hundred thousand dollars; (C) the acquisition of public transportation equipment or facilities when the acquisition costs are in excess of one hundred thousand dollars; or (D) the authorization of each state grant, any application for which is not pending on July 1, 2006, for an amount in excess of one hundred thousand dollars, for the acquisition or development or improvement of real property or for the acquisition of public transportation equipment or facilities, except the following: (i) Projects for maintenance, repair, additions or renovations to existing facilities, acquisition of land for telecommunications towers whose primary purpose is public safety, parks, conservation and open space, and acquisition of agricultural, conservation and historic easements; (ii) funding by the Department of Economic and Community Development for any project financed with federal funds used to purchase or rehabilitate existing single or multi-family housing or projects financed with the proceeds of revenue bonds if the Commissioner of Economic and Community Development determines that application of this section and sections 6 and 7 of this act (I) conflicts with any provision of federal or state law applicable to the issuance or tax-exempt status of the bonds or any provision of any trust agreement between the Department of Economic and Community Development and any trustee, or (II) would otherwise prohibit financing of an existing project or financing provided to cure or prevent any default under existing financing; (iii) projects that the Commissioner of Economic and Community Development determines promote fair housing choice and racial and economic integration as described in section 8-37cc of the general statutes; (iv) projects at an existing facility needed to comply with state environmental or health; (v) school construction projects funded by the Department of Education under chapter 173 of the general statute; and (vi) any other project, funding or other state assistance not included under subparagraphs (A) to (D), inclusive, of this subdivision.

(3) "Priority funding area" means the area of the state designated under subsection (b) of this section.

(b) The Secretary of the Office of Policy and Management, in consultation with the Commissioners of Economic and Community Development, Environmental Protection, Public Works, Agriculture, Transportation and regional planning agencies shall develop recommendations for delineation of the boundaries of priority funding areas in the state and for revisions thereafter. In making such recommendations the secretary shall consider areas designated as regional centers, growth areas, neighborhood conservation areas and rural community centers on the state plan of conservation and development, redevelopment areas, distressed municipalities, as defined in section 32-9p of the general statutes; targeted investment communities, as defined in section 32-222 of the general statutes; public investment communities, as defined in section 7-545 of the general statutes, enterprise zones, designated by the Commissioner of Economic and Community Development under section 32-70 of the general statutes and corridor management areas identified in the state plan of conservation and development. The secretary shall submit the recommendations to the Continuing Legislative Committee on State Planning and Development established pursuant to section 4-60d of the general statutes for review when the state plan of conservation and development is submitted to such committee in accordance with section 16a-29 of the general statutes. The committee shall report its recommendations to the General Assembly at the time said state plan is submitted to the General Assembly under section 16a-30 of the general statutes. The boundaries shall become effective upon approval of the General Assembly.

Sec. 6. (NEW) (Effective July 1, 2005) (a) On and after the approval of the General Assembly of the boundaries of priority funding areas under section 5 of this act, no state agency, department or institution shall provide funding for a growth-related project unless such project is located in a priority funding area.

(b) Notwithstanding the provisions of subsection (a) of this section, the head of a state department, agency or institution, with the approval of the Secretary of the Office of Policy and Management, may provide funding for a growth-related project that is not located in a priority funding area upon determination that such project is consistent with the plan of conservation and development, adopted under section 8-23 of the general statutes, as amended by this act, of the municipality in which such project is located and that such project (1) enhances other activities targeted by state agencies, departments and institutions to a municipality within the priority funding area, (2) is located in a distressed municipality, as defined in section 32-9 of the general statutes, targeted investment community, as defined in section 32-222 of the general statutes, or public investment community, as defined in section 7-545 of the general statutes, (3) supports existing neighborhoods or communities, (4) promotes the use of mass transit, (5) provides for compact, transit accessible, pedestrian-oriented mixed use development patterns and land reuse and promotes such development patterns and land reuse, (6) creates an extreme inequity, hardship or disadvantage that clearly outweighs the benefits of locating the project in a priority funding area if such project were not funded, (7) has no reasonable alternative for the project in a priority funding area in another location, (8) must be located away from other developments due to its operation or physical characteristics, or (9) is for the reuse or redevelopment of an existing site.

(c) Not more than one year after the designation of priority funding areas, and annually thereafter, each department, agency or institution shall prepare a report that describes grants made under subsection (b) of this section and the reasons therefor.

Sec. 7. (Effective July 1, 2005) On and after the approval of the General Assembly of the boundaries of priority funding areas pursuant to section 5 of this act, each state agency, department or institution shall cooperate with municipalities to ensure that programs and activities in rural areas sustain village character.

Sec. 8. (NEW) (Effective July 1, 2005) On and after the approval of the General Assembly of the boundaries of priority funding areas under section 5 of this act, each state agency and department shall review regulations adopted in accordance with the provisions of chapter 54 of the general statutes and modify such regulations to carry out the purpose of coordinated management of growth-related projects in priority funding areas.

Sec. 9. (NEW) (Effective July 1, 2005) The Office of Policy and Management, within available appropriations, shall coordinate review of federal projects in relation to their location in priority funding areas to encourage location in urban areas pursuant to the provisions of Federal Executive Order 12072-Federal Space Management.

The following fiscal impact statement and bill analysis are prepared for the benefit of members of the General Assembly, solely for the purpose of information, summarization, and explanation, and do not represent the intent of the General Assembly or either House thereof for any purpose:

OFA Fiscal Note

State Impact:

Note: GF=General Fund

Municipal Impact:

Explanation

The bill adds certain factors that the Office of Policy and Management (OPM) must consider when it revises the State's Conservation and Development Plan, and to make the draft and adopted plan available on its website, which results in no additional fiscal impact on the agency. Beginning in 2010 the bill requires OPM to consult with various parties and recommend geographic areas to be designated Priority Funding Areas. OPM may incur future costs to designate these priority funding areas. The bill requires OPM, within available appropriations, to encourage federal agencies to locate in urban Priority Funding Areas.

Any consultations or collaborations required by the Departments of Economic and Community Development (DECD), Environmental Protection (DEP), or Agriculture in developing recommendations for setting of the boundaries of priority funding can be handled within the routine duties of the agencies.

Requiring the review and modification of regulations to carry out the purpose of coordinated management of growth related projects in priority funding areas would increase costs to the DEP. Depending upon the complexity of the impacted regulations and the number impacted, costs could exceed $100, 000. It is also anticipated that DECD would incur minimal costs of approximately $5,000 for this process.

Municipal

The bill requires local and regional planning agencies (RPAs) to consider additional factors when revising their plans of conservation and development, which must be revised by July 1, 2008. Additionally, the bill requires regional planning agencies to determine whether it is prudent and feasible to have mixed use development patterns and determine whether the plan is consistent with the state plan of conservation and development. This is not anticipated to result in a fiscal impact to municipalities. The bill requires municipalities that have a website to post the plan on its website at least 65 days prior to the hearing, which results in no fiscal impact.

Implementation of the priority funding areas could divert grant funds from one municipality to another. The exact impact is not known.



OLR Bill Analysis

sHB 6570

AN ACT CONCERNING PLANS OF CONSERVATION AND DEVELOPMENT

SUMMARY:

This bill makes many changes in the requirements and processes for preparing state, regional, and local land-use plans. It requires the State Plan of Conservation and Development (Plan of C&D) to identify areas suitable for mixed-use developments and target development funding. It requires regional planning agencies (RPAs) to revise their existing plans of development by July 1, 2008 and at least once every 10 years. It modifies the process for adopting these plans and requires them to (1) identify any inconsistencies with six growth management principles, which are included in the current draft state Plan of C&D and (2) note on the record any inconsistencies with that plan and the reasons for them. It expands the contents of local plans of C&D, requires them to address the same six principles, modifies the process for adopting the plans, and establishes a process under which anyone may request plan changes.

The bill establishes a process for the Office of Policy and Management (OPM) to designate priority funding areas, subject to legislative approval. It generally restricts state funding for growth-related projects to such areas and establishes new criteria for targeting state funding for such projects.

Finally, the bill requires the OPM secretary, within available funds, to coordinate the review of federal projects in relation to their location in priority funding areas to encourage the siting of these projects in urban areas in accordance with a federal executive order.

EFFECTIVE DATE: July 1, 2005

STATE PLAN OF C&D

The law requires OPM to prepare the state Plan of C&D for legislative approval every five years. The bill requires that future plans describe the progress made in achieving the goals and objectives of the last plan. Future plans must also identify:

1. areas where it is prudent and feasible to have mixed-use development patterns and land reuse that is compact, accessible to transit, and pedestrian-oriented and promote such patterns and reuse;

2. priority funding areas (described below); and

3. corridor management areas on either side of a limited-access highway or a rail line.

In designating corridor management areas, the OPM secretary must make recommendations that:

1. promote land-use and transportation options to reduce the growth of traffic congestion,

2. connect infrastructure and other development decisions,

3. promote development that minimizes the cost of new infrastructure facilities and maximizes the use of existing facilities, and

4. increase intermunicipal and regional cooperation.

The bill requires that the secretary post the draft and adopted plans on the state website.

REGIONAL PLANS OF DEVELOPMENT

The law requires each RPA to adopt a plan of development but sets no timeframe for doing so. The bill requires that they do so at least once every 10 years. It also requires RPAs to revise their existing plans by July 1, 2008. The bill requires the plan to identify areas where it is prudent and feasible to have mixed-use development patterns and land reuse that is compact, accessible to transit, and pedestrian-oriented and promote such patterns and reuse. It also requires the plan to identify any inconsistencies with the following growth management principles:

1. redevelop and revitalize regional centers and areas of mixed-land uses with existing or planned physical infrastructure;

2. expand housing opportunities and design choices to accommodate a variety of household types and needs;

3. concentrate development around transportation nodes and along major transportation corridors to support the viability of transportation options and land reuse;

4. conserve and restore the natural environment, cultural and historical resources, and traditional rural lands;

5. protect environmental assets critical to public health and safety; and

6. integrate planning across all levels of government to address issues on a local, regional, and statewide basis.

The bill also requires that the plan include the RPAs’ recommendations for the use of land for agriculture.

By law, the RPA must hold a public hearing on its draft plan. The bill requires that the RPA post the plan on its website (if there is one) at least 65 days before the hearing. It requires the RPA to submit the draft plan to OPM for findings in the form of comments and recommendations, rather than giving OPM notice of the public hearing. The findings have to include a review of whether the draft is not inconsistent with the state Plan of C&D. The RPA must note on the record any inconsistencies and the reasons for them. The RPA must notify the OPM secretary of such inconsistencies in the adopted plan and the reasons for them.

The RPA must post the adopted plan on its website if it has one.

LOCAL PLANS OF C&D

Contents

By law, a local planning commission must prepare or amend a Plan of C&D for its municipality every 10 years. The bill requires the plans to (1) identify where it is feasible and prudent to have mixed-use development patterns and land reuse that are compact, transit accessible, pedestrian-oriented and (2) promote such patterns and reuse. The bill requires the commission to consider focusing development and revitalization in areas with existing or planned infrastructure in preparing the plan.

The bill requires the plans, in addition to their existing components, to provide for a system of thoroughfares, parkways, bridges, streets, sidewalks, and other public ways as appropriate, rather than just including the commission’s recommendations for these facilities. It requires the commission, in developing the plan, to consider the protection and preservation of agriculture in addition to other factors it must consider. It allows the plan to include the commission’s recommendations for corridor management areas and proposed priority funding areas (described below).

By law, the plan must include the commission’s recommendations for how the land in the municipality should be used. The bill requires that the plan include a map with such proposed uses. It also specifically allows the plan to include the commission’s recommendations regarding the location, relocation, and improvement of schools (a provision that already applies to public buildings).

Under current law, the local commission must note any inconsistencies with the state Plan of C&D. The bill instead requires the commissiion to note any inconsistencies with the six growth management principles listed above.

The bill specifies that any inconsistencies between a local plan of C&D and the growth management principles, or the regional or state plans of C&D, shall not be cause for denying a state environmental permit.

Adoption Process

By law, the local commission must hold a hearing on the plan. The bill requires that the commission submit the plan to the RPA 35, rather than 65, days before the hearing on adopting the plan. It also requires the commission to post the draft plan on the municipality’s website (if there is one) by that deadline. The bill requires the RPA’s advisory report back to the commission to include findings regarding the local plan’s consistency with the state Plan of C&D, the regional plan of development, and the local plans of C&D of other municipalities in the RPA’s area. The commission may revise the draft plan in accordance with the RPA’s report, but may make a decision on the plan without the report.

The bill explicitly allows the commission to revise its plan in accordance with the RPA’s report.

The bill changes the points where the legislative body receives and endorses the plan. Under current law:

1. the commission must submit the plan to the municipality’s legislative body for its review at least 65 days before the public hearing,

2. the legislative body may hold a hearing on the plan at this stage and submit its comments to the commission before the commission hearing on the plan’s adoption,

3. the legislative body tacitly approves the plan if it fails to report before by the hearing date, and

4. the legislative body may hold a hearing on the adopted plan and then adopt a resolution endorsing it.

Instead, the bill allows the commission to revise its draft plan after its public hearing and requires that the proposed final plan be submitted to the legislative body for its endorsement. The legislative body must endorse or reject the plan or parts of it. It may submit comments and recommended changes to the commission.

In towns where the town meeting is the legislative body, the proposed final plan goes to the board of selectmen, which may hold a hearing on it. The town meeting may endorse or reject the plan or parts of it within 45 days of receiving it and submit comments and recommendations on it.

By law, even if the legislative body does not endorse all or part of the plan, the commission can still adopt it by a vote of at least two-thirds of its members.

Under the bill, once the plan is adopted, it must be posted on the municipality’s website (if there is one). The commission must notify the OPM secretary of any inconsistencies between the final plan and the state Plan of C&D and the reasons for them.

Requested Amendments

The bill allows any property owner or tenant in the muncipality, or his agent, to submit a proposal to change the plan to the commission. The proposal must be in writing and on a form prescribed by the commission. The commission must decide whether to hold a hearing on the proposal within 35 of receiving it. It must hold a hearing if it determines that it is in the public interest.

The commission must approve, deny, or modify the proposal by the deadline that already applies to other petitions (usually 65 days after the hearing ends). If the commission determines at any time that the proposal would be a significant change to the policies and goals of the local plan, it must consider the proposal in the same way it considers plan revisions, as discussed above.

PRIORITY FUNDING AREAS

Designation

Under the bill, the OPM secretary must develop recommendations for setting and revising boundaries for priority funding areas. He must consult with RPAs and the economic and community development, environmental protection, public works, agriculture, and transportation commissioners in doing this.

In making his recommendations, the secretary must consider:

1. regional centers, growth areas, neighborhood conservation areas, and rural community centers as designated in the state Plan of C&D;

2. redevelopment areas, distressed municipalities, targeted investment communities, public investment communities, and enterprise zones; and

3. corridor management areas identified in the state Plan of C&D.

The secretary must submit his recommendations to the Continuing Legislative Committee on State Planning and Development for its review in conjunction with its review of the state Plan of C&D. (The last version of the plan was approved in March 2005; the next approval will take place in 2010.) The boundaries of the priority funding areas become effective upon the approval of the legislature.

Once the areas are designated, each state agency and department must review its regulations and modify them to carry out coordinated management of growth-related projects in priority funding areas. Each agency, department, and institution must cooperate with municipalities to ensure that programs and activities in rural areas sustain village character.

State Funding for Growth-Related Projects

Once the boundaries are established, state agencies, departments, and institutions generally cannot provide funding for growth-related projects outside of the priority funding areas. Funding includes any form of assurance, guarantee, grant, credit, tax credit, loan, loan guarantee, or reduction in the principal or interest rate on all or part of a loan.

Growth-related projects are those that include:

1. acquisition of real property, other than open space for conservation or preservation purposes, with an acquisition cost over $100,000;

2. development or improvement of real property where the development costs exceed $100,000; and

3. acquisition of public transportation facilities or equipment costing more than $100,000.

Growth-related projects also include the authorization of state grants of more than $100,000, if the grant application is not pending on July 1, 2006, to (1) acquire, develop, or improve real property or (2) acquire public transportation equipment or facilities.

Any project, funding, or other state assistance, other than described above, is not subject to the financing restrictions. In addition, grant programs are not subject to the restrictions if the grant is for:

1. school construction projects funded by the Department of Education;

2. maintaining, repairing, adding to, or renovating existing facilities;

3. acquiring land for telecommunications towers whose primary purpose is public safety;

4. parks, conservation, and open space;

5. acquiring agricultural, conservation, and historic easements;

6. housing that the economic and community development commissioner determines will promote fair housing choice and racial and economic integration; and

7. projects at an existing facility needed to comply with state environmental or health standards.

In addition, grant funding by the Department of Economic and Community Development (DECD) is not considered a growth-related project under certain circumstances. To be exempt, the grant must be used for a project (1) financed with federal funds to purchase or rehabilitate existing single or multifamily housing or (2) financed by revenue bonds. In addition, the DECD commissioner must determine that applying these provisions would (1) conflict with state or federal law regarding the issuance or tax-exempt status of bonds or a provision of a trust agreement between DECD and trustees or (2) prohibit financing of an existing project or financing provided to cure or prevent a default under existing financing.

Funding Projects Outside of Priority Funding Areas

State funding of growth-related projects is allowed outside of priority funding areas if the head of the funding agency, with OPM approval, determines that it is consistent with the local Plan of C&D and that the project:

1. enhances other activities targeted by state agencies, departments, or institutions to a municipality within a priority funding area;

2. is located in a distressed municipality, targeted investment community, or public investment community;

3. supports existing neighborhoods or communities;

4. promotes the use of mass transit;

5. provides for mixed-use development patterns and land reuse that is compact, transit accessible, and pedestrian-oriented, and promotes such patterns and land reuse;

6. has no reasonable alternate site in a priority funding area;

7. must be located away from other developments due to its operational or physical characteristics; or

8. is for the reuse or redevelopment of an existing site.

The bill also allows for funding if the extreme inequity, hardship, or disadvantage of not funding the projects clearly outweigh the benefits of locating the project within such areas.

Within one year after the areas are designated and annually thereafter, every department, agency, and institution must prepare a report that describes grants for growth-related projects made under these provisions.

BACKGROUND

Legislative History

The House referred the bill (File 91) to the Environment Committee on April 5. On April 11, the committee reported a substitute that added the provision that any inconsistencies between a local plan of C&D and the six growth management principles, or the regional or state plans of C&D shall not be cause for denying a state environmental permit.

COMMITTEE ACTION

Planning and Development Committee

Joint Favorable Substitute

Environment Committee

Joint Favorable Substitute