Sec. 8-137. Transfer, sale or lease of real property in a redevelopment area.
The redevelopment agency, for the purpose of this chapter, may sell, lease or otherwise
transfer for such sums as are agreed upon the whole or any part of the real property
within a redevelopment area to the redeveloper or, if the real property is to be used for
public purposes, to an appropriate public agency. Such sale, lease or transfer may include
easements or other interests in, above or below any street, highway or other public right-of-way, existing or proposed, to the centerline thereof, other than the right-of-way of a
state highway as defined in section 13a-1; provided adequate provision is made for the
safe and convenient public use of the street, highway or other public right-of-way and
for the protection of adjacent land users; and provided further, such sale, lease or transfer
is made to or with the consent of the owner of the real property abutting that portion of
the street, highway or other public right-of-way in, above or below which such easements
or other interests are sold, leased or transferred unless the right or interest of the owner
of such abutting real property in or to the easements or other interests in, above or below
such street or other public right-of-way has been acquired by the municipality, or unless
the owner of such abutting real property has no real property interest in or to such street,
highway or other public right-of-way. The sale, lease or transfer of easements or other
interests in, above or below the portion of a street, highway or other public right-of-way lying to one side of the centerline thereof, shall not prevent the sale, lease or transfer
of easements or other interests in, above or below the portion lying on the other side of
such centerline, unless the terms of the initial sale, lease or transfer so provide. The
consideration paid for the sale, lease or other transfer of the real property shall be determined by the redevelopment agency, provided, if the cost or carrying charges of such
real property to the redevelopment agency are greater than such consideration, the redevelopment agency shall first have specific authorization from the legislative body of
the municipality for the sale, lease or other transfer at any lesser consideration, and the
municipality may appropriate and authorize the expenditure of money to compensate
for any portion of the difference between the acquisition cost of such real property and
such sale, lease or other transfer price of such real property at a lesser consideration to
a redeveloper, but in no case shall such sale, lease or other transfer price be lower than
the use value of such real property. Each contract for sale, lease or other transfer to a
redeveloper shall provide, among other things, (a) that the real property transferred
shall be developed and used in accordance with the redevelopment plan or such plan as
modified with the approval of the redevelopment agency; (b) that the building of the
improvements shall begin within a period of time which the redevelopment agency fixes
as reasonable; and (c) that all transfers of real property by the redeveloper shall, until
the original construction thereon is completed and approved by the redevelopment
agency, be subject to the consent of the redevelopment agency; except that the requirements of subdivisions (b) and (c) above may be waived by the redevelopment agency
with respect to any bona fide mortgage placed upon the real property by the redeveloper
in order to obtain financing for the project. Any such mortgage, with the approval of
the agency, shall be free of the requirements of said subdivisions (b) and (c). Any contract
for sale, lease or other transfer shall be approved by the legislative body before its final
approval by the redevelopment agency. Any contract for sale, lease or other transfer to
a redeveloper may provide, among other things, (a) that the real property in the redevelopment area shall be maintained in accordance with the redevelopment plan; (b) that
the redevelopment agency shall have the right of inspection; (c) that the redeveloper,
as security for its fulfillment of the contract, shall make a cash deposit or give a bond
with such surety as the contract may provide or make such other guarantee as the redevelopment agency deems necessary in the public interest; and that, if the redevelopment
agency finds that the real property in the redevelopment area is not being maintained
in accordance with the contract terms and conditions, it shall notify the redeveloper or
its successor in title in writing of the work which shall be done to meet the standards
of maintenance agreed upon. Unless the redeveloper or its successor in title complies
within ninety days with the requirements of the redevelopment agency as stated in such
notice, the redevelopment agency may cause such work to be done, and the cost of the
work shall be paid by the redevelopment agency out of the deposit herein provided for;
and that, if a redevelopment agency, pursuant to this subsection, causes any work to be
paid for out of such deposit, the redeveloper shall, within thirty days thereafter, pay an
equivalent amount to the redevelopment agency in order to replenish the deposit; and
that, if the redeveloper fails to make such payment within thirty days after being notified
by the redevelopment agency to do so, it shall be liable to such agency in the penal sum
of twice the amount of the cost of the work, which sum may be recovered in a civil action;
(d) that any municipality may contract to retain or accept, close, relocate, construct,
reconstruct and maintain specified streets, playgrounds, parks or other public facilities
within the area of the proposed redevelopment. Upon consummation of the contract for
sale, lease or other transfer of a site to a redeveloper, any municipality may provide for
the extension of such streets, sidewalks and public utilities as are necessary to its use
for residential, commercial or public purposes.
(1949 Rev., S. 984; 1957, P.A. 13, S. 55; 648; 1972, P.A. 99, S. 2.)
History: 1972 act specified sale, lease or other transfer of real property, added provisions concerning sale, lease etc. of
easements, required consent of redevelopment agency for transfers only if original construction not completed and approved
and allowed municipality to extend services necessary for commercial and public purposes as well as for residential
purposes.
Cited. 141 C. 135. There must be a legally established redevelopment plan before agency enters into contract for sale
under this section. 148 C. 517. Redevelopment is constitutional where taking of plaintiff's property was for public purpose
and not for private interests. 156 C. 521. Cited. 158 C. 381. Subsequent resale of plaintiff's property, condemned for
redevelopment, to church retained in area, was not taking for private use. 159 C. 116. Cited. 201 C. 305, 310.
Sec. 8-137a. Other authority re transfer unaffected. Nothing in section 8-137
shall be deemed to diminish or restrict in any way authority concerning the sale, lease
or transfer of any easements or other interests in, above or below any street, highway
or other public right-of-way which any municipality or redevelopment agency thereof
may have by virtue of any special act or otherwise.
(1972, P.A. 99, S. 3.)
Sec. 8-138. Bonds and title to land to be in name of municipality. Any redevelopment agency shall exercise its powers in the name of the municipality, except that all
bonds issued under section 8-134 shall be issued solely in the name of the municipality
and that title to land taken for redevelopment purposes shall be solely in the name of
the municipality.
(1949, S. 496d.)
Sec. 8-139. Joint action by two or more municipalities. By concurrent action
the legislative bodies of two or more municipalities: (a) May create a regional or metropolitan planning agency and may authorize such agency or the planning agency of any
of such municipalities to make a comprehensive or general plan of the area included
within such municipalities as described in section 8-127, and (b) may exercise the powers
granted in this chapter to the legislative body of any municipality. In all matters under
this chapter requiring the approval of the legislative body, such approval shall be by the
legislative body of each municipality only as to the portions of the redevelopment plan
situated in such municipality.
(1949 Rev., S. 987; 1957, P.A. 13, S. 56.)
See Sec. 7-137 re regional economic development commissions.
PART II*
URBAN RENEWAL
*Cited. 4 Conn. Cir. Ct. 241 (fn).
Sec. 8-140. Policy concerning slum areas. In addition to the findings and declarations made in section 8-124, which findings and declarations are incorporated herein
and made a part of this section, it is further found and declared that (a) certain insanitary,
deteriorated, deteriorating, slum or blighted areas, or portions thereof, may require acquisition and clearance, as provided in this part, since the prevailing condition of decay
may make impracticable the reclamation of the area by conservation or rehabilitation,
but other areas or portions thereof may, through the means provided in this part, be
susceptible of conservation or rehabilitation in such a manner that the conditions and
evils hereinbefore enumerated may be eliminated, remedied or prevented, and to the
extent feasible salvable slum and blighted areas should be conserved and rehabilitated
through voluntary action and the regulatory process, and (b) all powers conferred by
this part are for public uses and purposes for which public money may be expended and
such other powers exercised, and the necessity in the public interest for the provisions
of this part is hereby declared as a matter of legislative determination. A municipality,
to the greatest extent it determines to be feasible in carrying out the provisions of this
part, shall afford maximum opportunity, consistent with the sound needs of the municipality as a whole, to the rehabilitation or redevelopment of areas by private enterprise.
(1955, S. 497d; 1959, P.A. 397, S. 5.)
History: 1959 act added word "deteriorating" to subdivision (a).
Sec. 8-141. Urban renewal projects authorized. In addition to its authority under
other provisions of this chapter, a redevelopment agency is authorized to plan and undertake urban renewal projects. As used in this part, an urban renewal project may include
undertakings and activities for the elimination, and for the prevention of the development
or spread, of slums or substandard, insanitary, blighted, deteriorated or deteriorating
areas, and may involve any work or undertaking for such purpose constituting a redevelopment project or any rehabilitation or conservation work, or any combination of such
undertaking or work. For this purpose, rehabilitation or conservation work may include
(1) carrying out plans for a program of voluntary or compulsory repair and rehabilitation
of buildings or other improvements; (2) acquisition of real property and demolition,
removal or rehabilitation of buildings and improvements thereon where the agency has
determined the same to be necessary to eliminate unhealthful, insanitary or unsafe conditions, lessen density, reduce traffic hazards, eliminate obsolete or other uses detrimental
to the public welfare, or to otherwise remove or prevent the spread of blight or deterioration, or to provide land for needed public facilities; (3) installation, construction or
reconstruction of streets, utilities, parks, playgrounds and other improvements necessary
for carrying out the objectives of the urban renewal project; and (4) the disposition, for
uses in accordance with the objectives of the urban renewal project, of any property or
part thereof acquired in the area of such project; provided such disposition shall be in
the manner prescribed in this part for the disposition of property in a redevelopment
project area.
(1955, S. 498d; 1959, P.A. 397, S. 6.)
History: 1959 act added words "or deteriorating" in second sentence.
Cited. 158 C. 522.
Cited. 26 CS 249.
Sec. 8-142. Urban renewal plan. Any urban renewal project undertaken pursuant
to section 8-141 shall be undertaken in accordance with an urban renewal plan for the
area of the project. As used in this part, an urban renewal plan means a plan, as it exists
from time to time, for an urban renewal project, which plan (1) shall conform to the
general plan for the municipality as a whole; and (2) shall be sufficiently complete to
indicate such land acquisition, demolition and removal of structures, redevelopment,
improvements and rehabilitation as may be proposed to be carried out in the area of
the urban renewal project, zoning and planning changes, if any, land uses, maximum
densities, building requirements and the plan's relationship to definite local objectives
respecting appropriate land uses, improved traffic, public transportation, public utilities,
recreational and community facilities and other public improvements. An urban renewal
plan shall be prepared and approved pursuant to the same procedure as provided in this
chapter with respect to a redevelopment plan.
(1955, S. 499d.)
Cited. 26 CS 249.
Sec. 8-143. Powers of redevelopment agency. A redevelopment agency shall
have all the powers necessary or convenient to undertake and carry out urban renewal
plans and urban renewal projects, including the authority to acquire and dispose of
property, to issue bonds and other obligations, to borrow and accept grants from the
federal government or other source and to exercise the other powers which this chapter
confers on a redevelopment agency with respect to redevelopment projects. In connection with the planning and undertaking of any urban renewal plan or urban renewal
project, the redevelopment agency, the municipality and all public and private officers,
agencies and bodies shall have all the rights, powers, privileges and immunities which
they have with respect to a redevelopment plan or redevelopment project, in the same
manner as though all of the provisions of this chapter applicable to a redevelopment
plan or redevelopment project were applicable to an urban renewal plan or urban renewal
project. In addition to the surveys and plans which a redevelopment agency is otherwise
authorized to make, an agency is hereby specifically authorized to make (1) plans for
carrying out a program of voluntary repair and rehabilitation of buildings and improvements and (2) plans for the enforcement of laws, codes and regulations relating to the use
of land and the use and occupancy of buildings and improvements and to the compulsory
repair, rehabilitation, demolition or removal of buildings and improvements. The redevelopment agency is authorized to develop, test and report methods and techniques, and
carry out demonstrations and other activities, for the prevention and the elimination of
slums and urban blight.
(1955, S. 500d.)
Condemnee cannot prevail in alternative plan for development of his property where commission did not act unreasonably, in bad faith or in abuse of its powers. 158 C. 522.
Sec. 8-144. Powers of municipality. Any municipality or other municipal corporation is hereby authorized, without limiting any provision in section 8-143, to do any
and all things necessary to aid and cooperate in the planning and undertaking of an urban
renewal project in the area in which such municipality or corporation is authorized to
act, including the furnishing of such financial and other assistance as the municipality
or public body is authorized by this chapter to furnish for or in connection with a redevelopment plan or redevelopment project, and including the entering into a written
agreement fixing the assessment of real estate to be used for a rental housing project to
be constructed in a redevelopment or urban renewal area pursuant to section 12-65. Any
municipality or other public body is authorized to enter into agreements, which may
extend over any period, notwithstanding any provision or rule of law to the contrary,
with any other public body or bodies respecting action to be taken pursuant to any of
the powers granted by this part, including the furnishing of funds or other assistance in
connection with an urban renewal plan or urban renewal project.
(1955, S. 501d; 1963, P.A. 615, S. 3.)
History: 1963 act added provision re agreement fixing assessment on rental housing project.
Sec. 8-145. Legislative body to prepare program. The legislative body of the
municipality, or such public officer or public body as it may designate, is hereby authorized to prepare a workable program, which may include an official plan of action, as it
exists from time to time for effectively dealing with the problem of urban slums and
blighted, deteriorated or deteriorating areas within the community and for the establishment and preservation of a well-planned community with well-organized residential
neighborhoods of decent homes and suitable living environment for adequate family
life, for utilizing appropriate private and public resources to eliminate, and prevent the
development or spread of, slums and urban blight and deterioration, to encourage needed
urban rehabilitation, to provide for the redevelopment of blighted, deteriorated or slum
areas, or to undertake such of the aforesaid activities or other feasible activities as may
be suitably employed to achieve the objectives of such a program.
(1955, S. 502d.)
PART III
FLOOD-PRONE AREAS
Secs. 8-146 to 8-150. Finding and declaration of necessity. Contract for state
assistance. Form of aid. Bond issue. Maximum amount of loan notes. Requirements
of notes and bonds. Regulations. Sections 8-146 to 8-150, inclusive, are repealed.
(November, 1955, S. N34-37; 1957, P.A. 311, S. 1; 646, S. 2-4; 1959, P.A. 397, S. 7; P.A. 77-313, S. 8.)
PART IV
STATE AID
Sec. 8-151. Declaration of policy. It is found and declared that there exist in the
municipalities of the state substandard, insanitary, deteriorated, deteriorating or blighted
areas, that the existence thereof is impairing and arresting the sound growth and development of such municipalities and is inimical to the public health, safety, morals and
welfare of the inhabitants of the state, that such municipalities are unable to rehabilitate
such areas without state financial assistance as provided by sections 8-154a, 8-154b, 8-154c and 8-154e, that the granting of such assistance is a public use and purpose for
which public moneys may be expended and that the necessity in the public interest for
the provisions of said sections is hereby declared as a matter of legislative determination.
(March, 1958, P.A. 24, S. 1; 1959, P.A. 397, S. 8; P.A. 77-313, S. 1.)
History: 1959 act added word "deteriorating"; P.A. 77-313 substituted "sections 8-154a, 8-154b, 8-154c and 8-154e"
for "sections 8-151 to 8-154, inclusive".
Secs. 8-152 to 8-154. Grants-in-aid for redevelopment or urban renewal. Bond
issue. Commissioner of Community Affairs to administer program. Sections 8-152
to 8-154, inclusive, are repealed.
(March, 1958, P.A. 24, S. 2-4, 6-8; P.A. 77-313, S. 8.)
Sec. 8-154a. Contracts for state financial assistance; eligibility. Net cost of
project. Disposition of land by municipalities. (1) The state, acting by the Commissioner of Economic and Community Development, may enter into a contract with a
municipality, acting by its redevelopment agency, for state financial assistance for a
redevelopment or urban renewal project under this chapter, in any redevelopment area
or urban renewal area in such municipality, as defined in this chapter; provided such
project shall have been approved by the United States Department of Housing and Urban
Development for an advance for surveys and plans, a loan or grant contract or a neighborhood development program under Title I of the federal Housing Act of 1949, as amended,
and provided a contract between the municipality and the federal government for a
federal capital grant-in-aid shall not have been entered into prior to May 9, 1958. Such
contract may provide for financial assistance by the state in the form of a grant equal
to one-half of the excess of the net cost of the project as determined by the commissioner
over the federal grant-in-aid thereof; provided, in determining such net cost for purposes
of providing state financial assistance from any funds becoming available after July 1,
1963, by legislative enactment, the commissioner shall neither recognize nor credit as
municipal noncash contributions any expenditures by the state of Connecticut, other
than state grants for urban renewal or redevelopment or schools, which relate in any
way to any urban renewal or redevelopment project, and provided, with respect to state
financial assistance from any funds becoming available after July 1, 1963, by legislative
enactment, in any instances in which noncash contributions provided by any private,
nongovernmental source exceed one-half of such excess of the net cost of the project
as determined by the commissioner, the state grant or advance-in-aid for urban renewal
or redevelopment shall be reduced by an equal amount. In determining the net cost of
a project, nothing shall prevent the commissioner from including costs in excess of the
original projected costs of such project, provided such excess cost has been approved
by the United States Department of Housing and Urban Development. Contracts for
state financial assistance for urban renewal or redevelopment projects executed under
the provisions of this chapter prior to July 1, 1967, or contracts executed subsequent
thereto for which reservations of state funds were approved by the Connecticut Development Commission prior to July 1, 1967, may be amended or executed under the provisions of this chapter and administrative procedures established hereunder, provided, if
such amendment is for the purpose of providing additional state financial assistance due
to an increase in the net cost of the project, as determined by the commissioner, such
additional state financial assistance shall be made available from funds previously authorized for redevelopment or urban renewal programs or authorized for the purposes
of this chapter and chapter 133.
(2) Any municipality which acquires or retains title to all or part of the land contained in any urban renewal or redevelopment area as defined in section 8-125 or 8-141, for not less than the use value of such property in accordance with section 8-137,
may sell, lease, dedicate, donate or otherwise dispose of such land for less than said use
value, provided there is constructed thereon housing solely for persons or families of
low or moderate income, as defined in section 8-202; provided nothing herein shall be
construed to limit the power of any municipality to retain any redevelopment project
land for any use for which such municipality is authorized for other purposes.
(1961, P.A. 594, S. 1; 1963, P.A. 646, S. 1; February, 1965, P.A. 541, S. 1; 1967, P.A. 522, S. 8, 35; June, 1971, P.A.
4, S. 2; P.A. 73-286, S. 2, 5; P.A. 74-105, S. 2, 4; P.A. 76-289, S. 1, 3; 76-435, S. 31, 82; P.A. 77-313, S. 2; 77-614, S.
284, 610; P.A. 78-303, S. 81, 136; P.A. 79-598, S. 3, 4, 10; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)
History: 1963 act amended Subsec. (1) by adding the proviso concerning private and municipal noncash contributions
and by increasing the bond issue from twenty-five million to thirty-seven million five hundred thousand dollars and
amended Subsec. (5) by adding consideration of moneys received in lieu of real estate taxes; 1965 act added Subsecs. (2)
and (3), added provisions concerning sale of land at less than use value for low and moderate income housing in Subsec.
(4), included in said subsection provisions for grants-in-aid and increased aggregate amount from thirty-seven million five
hundred thousand to fifty-four million dollars, made former Subsec. (2), Subsec. (5) and provided that payments be made
to treasurer in Subsec. (5); 1967 act repealed Subsec. (5) and called for substitution of commissioner of community affairs
for Connecticut development commission but for some reason not enacted; 1971 act amended Subsec. (4), substituting
commissioner of community affairs for Connecticut development commission, deleting requirement that public works
commissioner justify rents to Connecticut development commission but requiring reimbursements if rents exceed financial
capabilities of persons living in housing and increasing aggregate amounts of state advances to fifty- nine million dollars;
P.A. 73-286 increased amount of advances in Subsec. (4) to sixty-two million dollars; P.A. 74-105 increased amount of
advances in Subsec. (4) to sixty-seven million five hundred thousand dollars; P.A. 76-289 included urban renewal projects
approved by federal Department of Housing and Urban Development which exceed projected cost but the excess cost of
which is also approved by HUD in limit on amount of advances and increased limit to eighty-seven million nine hundred
thousand dollars; P.A. 76-435 substituted commissioner of community affairs for Connecticut development commission
in Subsecs. (1) to (3); P.A. 77-313 amended Subsec. (1) to require approval of advances by Department of Housing
and Urban Development rather than Federal Housing and Home Finance Agency, to include loans, grant contracts and
neighborhood development programs and to add provisions concerning calculating excess costs in net cost and concerning
amendments to and executions of contracts originally executed or approved by commission before July 1, 1967, deleted
former Subsecs. (2) and (3) and amended former Subsec. (4), now Subsec. (2), to delete provisions for reimbursement of
municipalities for difference between use value of land and its sale price; P.A. 77-614 substituted department of economic
development for commissioner of community affairs, effective January 1, 1979; P.A. 78-303 substituted commissioner
for department; P.A. 79-598 substituted commissioner of housing for commissioner of economic development; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Housing with Commissioner and Department of Economic
and Community Development.
Sec. 8-154b. Bond issues. To provide funds for state grants provided pursuant to
section 8-154a, the Treasurer is directed, subject to the provisions of section 3-20, to
issue bonds of the state in an amount not exceeding eighty-seven million six hundred
ninety-two thousand two hundred eighteen dollars. Such bonds shall be issued at such
times and in such amounts as shall be determined by the State Bond Commission provided that total bond commission allocations of such amounts shall not exceed seventy-seven million nine hundred thousand dollars prior to July 1, 1977, and eighty-six million
two hundred thousand dollars prior to July 1, 1978. All temporary notes and all renewals
thereof issued by the state in anticipation of the issue of such bonds shall mature within
three years from the date of the first of such notes to be issued. The full faith and credit
of the state of Connecticut are pledged for the payment of the principal of and the interest
on such bonds and notes. Net earnings on investments of proceeds, accrued interest and
premiums on the issuance of such bonds shall be used first by the Treasurer for the
payment of expenses incurred in connection with their issuance.
(1961, P.A. 594, S. 2; 1963, P.A. 646, S. 2; February, 1965, P.A. 541, S. 2; June, 1971, P.A. 4, S. 3; P.A. 73-286, S. 3,
5; P.A. 74-105, S. 3, 4; P.A. 76-289, S. 2, 3; P.A. 77-313, S. 3; P.A. 85-558, S. 7, 17; P.A. 86-396, S. 8, 25; P.A. 87-405,
S. 5, 26; P.A. 88-343, S. 6, 32; P.A. 89-331, S. 8, 30.)
History: 1963 act increased bond issue from twenty-five million to thirty-seven million five hundred thousand dollars;
1965 act included grants-in-aid and increased bond issue from thirty-seven million five hundred thousand to fifty-four
million dollars; 1971 act increased bond limit to fifty-nine million dollars; P.A. 73-286 increased bond limit to sixty-two
million dollars; P.A. 74-105 increased bond limit to sixty-seven million five hundred thousand dollars; P.A. 76-289 increased bond limit to eighty-seven million nine hundred thousand dollars, added provisions limiting authorizations to
eighty-seven million nine hundred thousand dollars prior to July 1, 1977, and to eighty-six million two hundred thousand
dollars prior to July 1, 1978, and added provision re agreements for reimbursement to municipalities; P.A. 77-313 specified
issuance of bonds to provide funds for state grants pursuant to Sec. 8-154a rather than to meet advances and to reimburse
municipalities for differences between use value and sale price, deleted limitation on amount to be made available for
grants-in-aid, deleted provision re agreements for reimbursements enacted by 1976 act and substituted "allocations" for
"authorizations"; P.A. 85-558 reduced bond authorization to eighty-seven million six hundred ninety-five thousand dollars;
P.A. 86-396 increased bond authorization from eighty-seven million six hundred ninety-five thousand dollars to eighty-nine million one hundred ninety-five thousand dollars; P.A. 87-405 reduced the bond authorization from eighty-nine million
one hundred ninety-five thousand dollars to eighty-six million six hundred ninety-five thousand dollars; P.A. 88-343
increased the bond authorization from eighty-six million six hundred ninety-five thousand dollars to eighty-seven million
six hundred ninety-five thousand dollars; P.A. 89-331 decreased the bond authorization from eighty-seven million six
hundred ninety-five thousand dollars to eighty-seven million six hundred ninety-two thousand two hundred eighteen dollars.
See Sec. 8-226 re use of bonds issued under authority of this section.
Sec. 8-154c. Regulations. The Commissioner of Economic and Community Development is authorized to make and enforce reasonable regulations to effectuate the
purposes of this part and to determine the allocation of state financial assistance herein
provided for among the municipalities of the state on the basis of their respective needs.
(1961, P.A. 594, S. 3; 1967, P.A. 522, S. 8; P.A. 76-435, S. 32, 82; P.A. 77-313, S. 4; 77-614, S. 284, 610; P.A. 78-303, S. 81, 136; P.A. 79-598, S. 3, 4, 10; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)
History: 1967 act substituted commissioner of community affairs for Connecticut development commission; P.A. 76-435 enacted substitution of commissioner of community affairs for Connecticut development commission called for by
1967 act; P.A. 77-313 substituted "this part" for "section 8-154a" and deleted provision permitting commissioner to
designate administrator to administer provisions of Secs. 8-154a to 8-154e; P.A. 77-614 substituted department of economic
development for commissioner of community affairs, effective January 1, 1979; P.A. 78-303 substituted commissioner
for department; P.A. 79-598 substituted commissioner of housing for commissioner of economic development; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Housing with Commissioner and Department of Economic
and Community Development.
Sec. 8-154d. Certified list of contractors for project prerequisite to grant payment. Section 8-154d is repealed.
(1963, P.A. 646, S. 3; P.A. 76-435, S. 33, 82; P.A. 77-313, S. 8.)
Sec. 8-154e. Certification by agencies of employees and persons performing
work under contract. All local redevelopment agencies or commissions administering
urban renewal or redevelopment projects receiving grants for urban renewal or redevelopment from the state shall certify to the Commissioner of Economic and Community
Development on September first of each year a list of all persons employed or retained
by the redevelopment agency or commission during the preceding fiscal year and the
amount of remuneration that each of such persons received; and a list of all other persons
or firms that performed work by contract or otherwise, with a description of the work
performed, and the contract amounts paid to such persons or firms during the preceding
fiscal year. The filing of such certification shall be a prerequisite for the receipt of state
financial assistance and the state will not reserve any funds, execute any assistance
agreements or make any further payments under existing contracts to any redevelopment
agency or commission which has not complied with this filing requirement, except that
the commissioner may determine that such redevelopment agency or commission has
made a good faith effort to provide such certification.
(February, 1965, P.A. 541, S. 3; P.A. 77-313, S. 5; 77-614, S. 284, 587, 610; P.A. 78-303, S. 81, 85, 136; P.A. 79-598,
S. 3, 4, 10; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)
History: P.A. 77-313 deleted reference to receipt of grants-in-aid, required certification to commissioner of community
affairs rather than state, required certification to include description of work performed and added provisions allowing
good faith report in lieu of certification; P.A. 77-614 substituted department of economic development for commissioner
of community affairs, effective January 1, 1979; P.A. 78-303 substituted commissioner for department; P.A. 79-598 substituted commissioner of housing for commissioner of economic development; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Housing with Commissioner and Department of Economic and Community Development.
Sec. 8-154f. State grants-in-aid not subject to repayment. Contracts for financial assistance in effect prior to October 1, 1977, valid and binding. (a) All state
financial assistance authorized by sections 8-154a to 8-154c, inclusive, shall, on July
1, 1967, become state grants-in-aid and no state financial assistance authorized by said
sections and paid to municipalities for the purposes specified therein on account of any
contract for state financial assistance in accordance therewith, shall be repaid to the state
in whole or in part but shall become a state grant-in-aid in accordance with this section.
(b) Contracts for state financial assistance for urban renewal or redevelopment projects executed under any provisions of this chapter in effect prior to October 1, 1977,
shall be deemed valid and shall be binding upon all parties thereto. Obligations issued
by the state in order to provide funding for such contracts shall remain valid and binding
in accordance with their terms.
(1967, P.A. 522, S. 10; 1969, P.A. 305, S. 1; P.A. 77-313, S. 6.)
History: 1969 act required approval of Department of Housing and Urban Development for loan and grant contracts
or neighborhood development program rather than for surveys and plans as previously; P.A. 77-313 deleted Subsec. (a)
re state-municipality contracts for redevelopment or urban renewal, relettered Subsec. (b) as Subsec. (a) deleting provision
requiring substitution of "grant-in-aid" for "advance-in-aid" and added new Subsec. (b) validating contracts and obligations
made prior to October 1, 1977.
See Sec. 8-226 re use of prior bond proceeds for purposes of this section.
Secs. 8-155 to 8-159. Commercial or industrial development. Sections 8-155 to
8-159, inclusive, are repealed; provided, that in any case where any municipality, on or
before July 6, 1967, had entered into a contract with the Connecticut Development
Commission for financial assistance to a commercial or industrial redevelopment project
under said sections 8-155 to 8-159, inclusive, or had otherwise taken substantial action
under said sections, then such municipality, the state and any other interested person
shall continue to be subject to said sections and be eligible for state financial assistance
thereunder but only insofar as said sections relate to those projects that have been planned
or commenced thereunder and such municipality, the state or such other interested person may make application to the Commissioner of Economic and Community Development for, and the Commissioner of Economic and Community Development may make
grants for the purposes of such commercial or industrial redevelopment project from
the funds available for the purposes of chapter 133, but subject to the provisions of
section 8-154f.
(March, 1958, P.A. 8, S. 1-4, 6-9; 1959, P.A. 397, S. 9; 1967, P.A. 760, S. 14; 1971, P.A. 505, S. 1; P.A. 73-599, S.
25; P.A. 77-614, S. 284, 610; P.A. 78-303, S. 81, 136; P.A. 79-598, S. 3, 4, 10; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)
History: 1967 act repealed sections; 1971 act substituted Connecticut development commission for commissioner of
community affairs; P.A. 73-599 substituted department of commerce for Connecticut development commission; P.A. 77-614 substituted department of economic development for department of commerce, effective January 1, 1979; P.A. 78-303 required substitution of commissioner of economic development for department of same name in sections originally
involving commissioner of community affairs which implies that 1971 and 1973 amendments were never enacted; P.A.
79-598 substituted commissioner of housing for commissioner of economic development; P.A. 95-250 and P.A. 96-211
replaced Commissioner and Department of Housing with Commissioner and Department of Economic and Community
Development.
Sec. 8-159a. State grants for urban problems. (a) During each fiscal year the
Comptroller shall pay to each municipality for its unrestricted use, from any funds appropriated for such purpose, a grant-in-aid to assist it in meeting its urban problems. Payment
of such grants shall be made in March of each year. The Secretary of the Office of
Policy and Management shall in February of each year calculate the amount due each
municipality in accordance with the allocation formulas provided in subsection (c) and
shall certify to the Comptroller the amount due. In January of each year the Commissioner of Public Health shall certify to the Secretary of the Office of Policy and Management the population of each municipality.
(b) For purposes of this section, "population" shall mean the number of people
according to the most recent federal decennial census, except in intervening years between such censuses when it shall mean the number according to the most recent estimate
of the Department of Public Health; density of a municipality shall be determined by
dividing the population of the municipality by the number of square miles in the municipality; density of the state shall be determined by dividing the population of the state
by the number of square miles in the state; "public housing rooms" shall mean rooms
contained in publicly or privately owned dwelling units which are assisted by the United
States under the United States Housing Act of 1937, as amended, and dwelling units
which are assisted by or owned or leased by the state under chapter 128 or chapter
129. The number of such rooms shall be determined in accordance with the methods
established and used by the United States Department of Housing and Urban Development.
(c) Any funds appropriated from the General Fund, for any fiscal year, for the purposes of this section, shall be distributed among the municipalities in the following
manner: (1) Ten per cent of the amount shall be distributed pro rata on the basis of the
ratio of the population of each municipality to the population of the state. (2) Fifty per
cent of the amount shall be divided among those municipalities whose density exceeds
the density of the state. The distribution shall be made to each such municipality pro
rata on the basis of the following ratio: The density of such municipality multiplied by
the population of such municipality shall be the numerator of the fraction. For each
municipality whose density exceeds that of the state, the density of such municipality
shall be multiplied by the population of such municipality. The resulting products shall
be added together, and the sum shall be the denominator of the fraction. (3) Forty per
cent of the amount shall be distributed pro rata on the basis of the ratio of the number
of public housing rooms within such municipality to the number of such rooms in the
state. The amounts computed under subdivisions (1), (2) and (3) of this subsection shall
then be multiplied by the ratio between the per capita income of the state as numerator
and the per capita income of such town as the denominator, prorated to the level of the
funds allocated. "Per capita income" means that which is reported in the most recent
current population report series issued by the United States Department of Commerce,
Social and Economic Statistics Administration, Bureau of the Census.
(d) Notwithstanding the provisions of this section, the sum distributed to municipalities by the Comptroller in accordance with the provisions of this section, for the fiscal
year ending June 30, 1981, shall not exceed eleven million nine hundred thousand
dollars.
(1969, P.A. 792, S. 5-8; June, 1969, S.A. 2, S. 8; P.A. 77-614, S. 19, 284, 323, 610; P.A. 78-185, S. 1, 3; 78-303, S.
81, 136; P.A. 79-424, S. 1, 2; 79-598, S. 3, 4, 10; P.A. 81-2, S. 1, 3; 81-284, S. 1, 3; P.A. 93-381, S. 9, 39; P.A. 95-250,
S. 1; 95-257, S. 12, 21, 58; P.A. 96-211, S. 1, 5, 6; P.A. 99-94, S. 9.)
History: June 1969 act reduced appropriation amount from ten million to seven million dollars; P.A. 77-614 substituted
secretary of the office of policy and management for commissioner of finance and control and, effective January 1, 1979,
substituted department of economic development for commissioner of community affairs; P.A. 78-185 amended Subsec.
(c) raising appropriation amount from seven million to twenty-three million eight hundred sixty thousand dollars, specified
source of allocation as general fund and added provisions for formula to determine amount of grants and guaranteeing that
grant equal total grants for fiscal year 1977-1978; P.A. 78-303 substituted commissioner for department; P.A. 79-424
decreased allocation to twenty-three million eight hundred thousand dollars, deleted obsolete reference to old limit of
twenty-three million eight hundred sixty thousand dollars in formula and defined "per capita income"; P.A. 79-598 substituted commissioner of housing for commissioner of economic development; P.A. 81-2, added Subsec. (d) limiting the sum
distributed for grants for fiscal year 1980-1981; P.A. 81-284 repealed requirement that twenty-three million eight hundred
thousand dollars be allocated from the general fund each fiscal year for the purpose of making grants under this section,
added provision that any such grants would be paid from any funds appropriated for that purpose, repealed "hold-harmless"
provision that no town would receive less under the section than the total received by such town for fiscal year 1977-1978
under Secs. 3-123d, 8-159a and 10-266k of the general statutes, revision of 1958, revised to 1977; P.A. 93-381 replaced
commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; P.A.
95-250 and P.A. 96-211 replaced Commissioner and Department of Housing with Commissioner and Department of
Economic and Community Development; P.A. 95-257 replaced Commissioner and Department of Public Health and
Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 99-94 amended
Subsec. (a) by deleting the requirement that the Commissioner of Economic and Community Development submit an
annual report of the number of public housing rooms.
See Sec. 12-18a re grants to towns for property tax relief based on population.
Cited. 163 C. 537.
Sec. 8-160. Capital improvement programs. Definitions. As used in sections 8-160 to 8-162, inclusive, "capital improvement program" means a priority schedule of
any and all necessary municipal capital improvements projected for a period of not less
than six years and so prepared as to show the general description, location and estimated
cost of each individual capital improvement and including the proposed method of financing; "capital improvement" means a major improvement or betterment of a nonrecurring nature to the physical plant of the municipality as differentiated from ordinary
repairs or maintenance of a recurring nature, and "municipality" shall include a city,
town or borough.
(March, 1958, P.A. 18, S. 1.)
Sec. 8-161. Commissioner to assist. State payments toward preparation of
program. The Commissioner of Economic and Community Development is authorized
to make available technical assistance to any municipality for the purpose of preparing
a capital improvement program for such municipality. The commissioner shall adopt
rules of procedures and methods of providing such technical assistance. Such assistance
shall be rendered upon contractual agreement between the commissioner and the contracting agency of the municipality. Within the limitations of the amounts appropriated,
the commissioner may provide up to three thousand dollars for the state's share of any
such contractual agreement to any one municipality but in no case shall the commissioner
provide more than fifty per cent of the total cost of preparation of such capital improvement program.
(March, 1958, P.A. 18, S. 2; 1967, P.A. 522, S. 8; P.A. 77-614, S. 284, 610; P.A. 78-303, S. 81, 136; P.A. 79-598, S.
3, 4, 10; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)
History: 1967 act substituted commissioner of community affairs for Connecticut development commission; P.A. 77-614 substituted department of economic development for commissioner of community affairs, effective January 1, 1979;
P.A. 78-303 substituted commissioner for department; P.A. 79-598 substituted commissioner of housing for commissioner
of economic development; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Housing with Commissioner and Department of Economic and Community Development.
Sec. 8-162. Procedure for obtaining technical assistance. Any municipality may
receive technical assistance from the Commissioner of Economic and Community Development for the preparation of a capital improvement program. The legislative body
of the municipality by resolution shall designate an appropriate agency of the municipality to prepare the capital improvement program, appropriate the necessary matching
funds and authorize such agency to contract with the commissioner for technical assistance therefor as herein provided. If such municipality has a planning commission operating under the general statutes or special act, such planning commission shall be
designated to be the contracting agency for such purposes.
(March, 1958, P.A. 18, S. 3; 1967, P.A. 522, S. 8; P.A. 77-614, S. 284, 610; P.A. 78-303, S. 81, 136; P.A. 79-598, S.
3, 4, 10; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)
History: 1967 act substituted commissioner of community affairs for Connecticut development commission; P.A. 77-614 substituted department of economic development for commissioner of community affairs, effective January 1, 1979;
P.A. 78-303 substituted commissioner for department; P.A. 79-598 substituted commissioner of housing for commissioner
of economic development; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Housing with Commissioner and Department of Economic and Community Development.
PART V
FEDERAL AID
Sec. 8-163. Definitions. As used in this part:
(a) "Redevelopment area" means those areas of this state designated as redevelopment areas by the Secretary of Commerce acting pursuant to Public Law 136 of the 89th
Congress of the United States;
(b) "Municipality" means any town, city or borough of this state;
(c) The "Public Works and Economic Development Act" means Public Law 136
of the 89th Congress of the United States, as amended;
(d) "Small Business Investment Act" means Public Law 699 of the 85th Congress
of the United States, as amended;
(e) "Overall economic development program" means the overall program for the
economic development of an area designated as a "redevelopment area" in accordance
with the provisions of the Public Works and Economic Development Act and all administrative regulations and determinations promulgated thereto;
(f) "Regional planning agency" means the regional planning agency created under
chapter 127;
(g) "Municipal economic development commissions" and "regional economic development commissions" means those commissions established under sections 7-136
and 7-137;
(h) "Small business" means a concern which is independently owned and operated
and which is not dominant in its field of operations, as provided in the Small Business
Investment Act;
(i) "State and local development companies" means those enterprises operated under state or local law with the authority to promote and assist the growth and development
of business concerns in the areas covered by their operations, as defined in Sections 501
and 502 of the Small Business Investment Act;
(j) "Industrial or business project" means any and all projects which qualify for
assistance under the provisions of either the Public Works and Economic Development
Act or the Small Business Investment Act, or both;
(k) "Nonfederal share" means that portion of the excess of the net cost of the project,
as determined by the Department of Economic and Community Development, over
either the federal loan or grant-in-aid thereof, or the federal guaranteed loan as provided
for in either the Public Works and Economic Development Act or the Small Business
Investment Act, or both; and
(l) "Small business development center" means that local agency or organization
as defined or designated by the Small Business Administration or other appropriate
federal agency or, in the absence of such federal designation, that agency or organization
designated by the legislative body of the municipality and approved by the Department
of Economic and Community Development, which has as its function in whole or in
part the developing of local entrepreneurship through rendering of consultive, technical,
educational and financial assistance and will serve to seek qualified applicants for loans
and other assistance from federal, state, local, public and private agencies in furtherance
of the objective of establishing and stimulating the growth of small business enterprises
particularly as related to the low-income groups within the community. Such center
may be a municipal or regional economic development commission, a municipal bureau
or agency, a local or regional development corporation or an appropriate private agency.
(1961, P.A. 602, S. 1; February, 1965, P.A. 619, S. 1; 1967, P.A. 223, S. 1; 522, S. 8; 524, S. 1; P.A. 73-599, S. 36;
P.A. 75-175, S. 1, 3; P.A. 77-614, S. 284, 610; P.A. 79-598, S. 3, 4, 10; P.A. 80-21, S. 4, 5; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)
History: 1965 act amended Subsec. (c) to change reference to "act" to "Area Redevelopment Act," amended Subsec.
(g) to change "municipal development and industrial commissions" to "municipal economic development commissions"
and added Subsecs. (h) to (k), defining "small business", "state and local development companies", "industrial or business
project" and "nonfederal share"; 1967 acts substituted Public Works and Economic Development Act for Area Redevelopment Act and commissioner of community affairs for Connecticut development commission and added Subsec. (l) defining
"small business development center"; P.A. 73-599 substituted department of commerce for Connecticut development
commission, implying that name change called for by 1967, P.A. 522, S. 8 was never enacted; P.A. 75-175 redefined
"nonfederal share" to include federal guaranteed loans in "federal" share; P.A. 77-614 substituted department of economic
development for department of commerce, effective January 1, 1979; P.A. 79-598 substituted department of housing for
department of economic development; P.A. 80-21 substituted department of economic development for department of
housing; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Economic Development with Commissioner and Department of Economic and Community Development.
Sec. 8-164. Authority to participate in federal act. Any board, commission,
agency or department of this state, any municipality or political subdivision of this
state, individually or with any other municipality or political subdivision, any regional
planning agency, or any municipal economic development commission or any regional
economic development commission, state or local development company, any corporation or any individual, in addition to any other powers possessed by them and notwithstanding the provisions of any section of the general statutes, any special act or any
certificate of incorporation, is authorized:
(1) To make application for any loans, grants or assistance under either the Public
Works and Economic Development Act or the Small Business Investment Act;
(2) To enter into any agreements, contracts and assistance agreements necessary or
desirable pursuant to the provisions of said acts;
(3) To accept loans, grants and assistance offered by the federal government under
said acts;
(4) To make appropriations and to issue bonds, notes, debentures or other evidences
of indebtedness for loans received pursuant to the provisions of said acts or for defraying
the cost of the nonfederal share of industrial or business projects;
(5) To make appropriations and loans to state or local development companies for
industrial or business projects;
(6) To accept any advantage and to do anything necessary or desirable for as full
and complete a participation under the provisions of said acts as is allowed under said
acts or under regulations promulgated by the administrator of any program established
pursuant to said acts.
(1961, P.A. 602, S. 2; 1963, P.A. 556; February, 1965, P.A. 619, S. 2; 1967, P.A. 223, S. 2.)
History: 1963 act added authority to make appropriations to Subdiv. (4); 1965 act included regional planning agencies,
municipal and regional economic development commissions, and state or local development companies, amended Subdiv.
(1) to refer to the "Area Redevelopment Act or the Small Business Investment Act" instead of the "federal act," amended
Subdiv. (4) to authorize the issuance of bonds and to provide for defraying the cost of the nonfederal share of industrial
or business projects, and added Subdiv. (5); 1967 act substituted Public Works and Economic Development Act for Area
Redevelopment Act.
Sec. 8-165. Overall economic development program. 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, 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 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 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 may accept federal grants and aid for preparation of such overall economic development programs.
(1961, P.A. 602, S. 3.)
Sec. 8-166. Application for federal aid. (a) An application under the provisions
of either the Public Works and Economic Development Act or the Small Business Investment Act may be made on behalf of the state by a department, board, commission or
agency, after prior written approval of such application has been given by the Department of Economic and Community Development. Written request for such approval
shall be made to the Department of Economic and Community Development and the
department shall, within thirty days of receipt of such request, either approve or disapprove of either the entire application or a part thereof.
(b) An application under the provisions of either of the federal acts may be made
on behalf of any municipality by its chief executive officer after prior written approval
of such application has been given by the legislative body of such municipality. Written
request for such approval shall be made by such chief executive officer and such legislative body shall, within thirty days after receipt of such request, either approve or disapprove of either the entire application or a part thereof. If such legislative body does not
disapprove of all or any part of such application within thirty days from the receipt of
such written request, it shall be deemed to have approved the application.
(c) Individual persons or small businesses or regional planning agencies or municipal economic development commissions or state or local development companies in
this state may participate in any part of the program offered by the federal government
under said acts. Any corporation may make application and participate in any programs
established under said acts in the manner and to the extent authorized by vote of its
board of directors.
(1961, P.A. 602, S. 4-6; February, 1965, P.A. 619, S. 3; 1967, P.A. 223, S. 3; 522, S. 8; P.A. 73-599, S. 36; P.A. 77-614, S. 284, 610; P.A. 79-598, S. 3, 4, 10; P.A. 80-21, S. 4, 5; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)
History: 1965 act amended Subsec. (a) to change reference to "federal act" to "either the Area Redevelopment Act or
the Small Business Investment Act," and to eliminate requirement governor approve applications, substituting approval
by Connecticut development commission, and amended Subsec. (c) to include small businesses, regional planning agencies,
municipal economic development commissions and state or local development companies; 1967 acts amended Subsec.
(a) to substitute Public Works and Economic Development Act for Area Redevelopment Act and substituted commissioner
of community affairs for Connecticut development commission; P.A. 73-599 substituted department of commerce for
Connecticut development commission, implying that name change called for in 1967, P.A. 522, S. 8 was never enacted;
P.A. 77-614 substituted department of economic development for department of commerce, effective January 1, 1979;
P.A. 79-598 substituted department of housing for department of economic development; P.A. 80-21 substituted department
of economic development for department of housing; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department
of Economic Development with Commissioner and Department of Economic and Community Development.
Sec. 8-167. Department of Economic and Community Development to act for
state. Reimbursement of small business development centers. (a) The Department
of Economic and Community Development is authorized on behalf of the state to make
any determination or certification required by the provisions of either of said acts or
regulations promulgated under the provisions thereof.
(b) The Department of Economic and Community Development is authorized, on
behalf of the state, to reimburse small business development centers in amounts up to
one-half the nonfederal share of the cost of providing applicants for Small Business
Administration and business loan programs of other federal agencies, particularly economic opportunity loans and Section 502 loans, with necessary technical, advisory,
management or other counseling assistance up to a maximum amount of ten thousand
dollars per annum. If no federal support is available, the Department of Economic and
Community Development is authorized on behalf of the state to reimburse each of such
small business development centers for up to one-half of the cost of providing the above-described services, in amounts not exceeding ten thousand dollars per annum. Any
small business development center receiving such state assistance shall apply to the
Department of Economic and Community Development for such reimbursement with
all appropriate documentation needed to support such application.
(1961, P.A. 602, S. 7; 1967, P.A. 522, S. 8; 524, S. 2; P.A. 73-599, S. 36; P.A. 77-614, S. 284, 610; P.A. 79-598, S. 3,
4, 10; P.A. 80-21, S. 4, 5; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)
History: 1967 acts added Subsec. (b) re reimbursements to small business development centers and substituted commissioner of community affairs for Connecticut development commission; P.A. 73-599 substituted department of commerce
for Connecticut development commission, implying that name change called for in 1967 act was never enacted; P.A. 77-614 substituted department of economic development for department of commerce, effective January 1, 1979; P.A. 79-598 substituted department of housing for department of economic development; P.A. 80-21 substituted department of
economic development for department of housing; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department
of Economic Development with Commissioner and Department of Economic and Community Development.
Sec. 8-168. State loans for industrial or business projects. Section 8-168 is repealed.
(February, 1965, P.A. 619, S. 4; 1967, P.A. 223, S. 4; 522, S. 8; 1969, P.A. 742, S. 1; 1972, P.A. 225, S. 1; P.A. 73-190, S. 1; 73-599, S. 36; P.A. 75-175, S. 2, 3; 75-606, S. 1, 4; P.A. 77-370, S. 12, 13; 77-614, S. 284, 610; P.A. 78-68, S.
1-3; P.A. 79-598, S. 3, 4, 10; P.A. 80-21, S. 4, 5; 80-264, S. 1, 2; P.A. 87-416, S. 6, 24; P.A. 88-265, S. 35, 36.)
Sec. 8-168a. Funds transferred to the Connecticut Growth Fund. Effective
July 1, 1988, funds from the repayment of loans made pursuant to section 8-168, revision
of 1958, revised to 1987 and in effect on June 30, 1988, shall be transferred to the
Connecticut Growth Fund established under section 32-23v, and all payments received
by the state on account thereof shall be credited or deposited to the Connecticut Growth
Fund established under said section. Any and all funds appropriated or bonds authorized
by the State Bond Commission pursuant to section 8-169, revision of 1958, revised to
1987 and in effect on June 30, 1988, shall be credited or deposited to the Connecticut
Growth Fund.
(P.A. 88-265, S. 29, 36.)
Sec. 8-169. Bond issue. Section 8-169 is repealed.
(February, 1965, P.A. 619, S. 5; 1969, P.A. 742, S. 2; 1972, P.A. 225, S. 2; P.A. 73-190, S. 2; P.A. 75-606, S. 2, 4; P.A.
77-370, S. 5, 13; P.A. 88-265, S. 35, 36.)
PART VI*
COMMUNITY DEVELOPMENT
*Cited (as P.A. 75-443). 183 C. 523, 528.
Sec. 8-169a. Declaration of policy. It is found and declared that the state's cities,
towns and smaller urban communities face critical, social, economic and environmental
problems; that the future welfare of the state and well being of its citizens depends upon
the establishment and maintenance of viable urban communities as social, economic
and political entities; that the Congress of the United States has enacted Title I of the
Housing and Community Development Act of 1974, P.L. 93-383, as from time to time
amended, for the primary objective of developing viable urban communities by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low and moderate income; that the federal government
has curtailed or eliminated many categorical grant-in-aid programs such as urban renewal, model cities and open space which have provided financial assistance to many
of the municipalities of the state; that this part is needed for the purpose of enabling the
cities and towns of this state to initiate and implement programs funded by the federal
government under the provisions of Title I of said Housing and Community Development Act of 1974, as from time to time amended, to assist the municipalities in carrying
out community development programs, to secure public and private rights to ease the
transition from previous categorical grant-in-aid programs in the community development field to programs financed under Title I of said Housing and Community Development Act of 1974, as from time to time amended, and to secure and complete state and
local programs initiated under federally-assisted categorical grant-in-aid programs in
the community development field; that the provisions of this part are necessary to protect
public and private commitments made under previous categorical grant-in-aid programs; and that the provisions of this part are declared to be in the public interest.
(P.A. 75-443, S. 1, 15; P.A. 78-373, S. 1.)
History: P.A. 78-373 added phrase "as from time to time amended" to references to "Housing and Community Development Act of 1974".
Sec. 8-169b. Definitions. As used in this part:
(a) "Commissioner" means the Commissioner of Economic and Community Development.
(b) "Community development activity" means any activity authorized under section
8-169f.
(c) "Community development agency" means any authority, commission, department or agency of a municipality, including an economic development agency, harbor
improvement agency, housing site development agency, human resource development
agency, or redevelopment agency, required by state law or designated by the legislative
body of such municipality to carry out one or more community development activities.
(d) "Community development plan" means a plan prepared and adopted pursuant
to sections 8-169c and 8-169d.
(e) "Community development program" means a program which is developed by
a municipality to give maximum feasible priority to activities which will benefit low
or moderate income families or aid in the prevention or elimination of slums or blight
and shall also mean activities which are designed to meet other community development
needs having a particular urgency.
(f) "Harbor improvement", "harbor improvement agency", "harbor improvement
plan" and "harbor improvement project" have the same meanings as in section 13b-56.
(g) "Housing site development agency" shall have the same meaning as in section
8-216b.
(h) "Housing for low and moderate income families and persons" means housing,
the construction, rehabilitation, occupancy, rental and purchase of which is assisted in
any way by the state or federal government which housing is subject to regulation or
supervision of rents, charges or sales prices and methods of operation by a governmental
agency under a regulatory agreement or other instrument which restricts occupancy of
such housing to persons or families whose income do not exceed prescribed limits.
(i) "Human resource development agency" and "human resource development program" have the same meanings as in section 17b-852.
(j) "Municipality" means any city, town or borough.
(k) "Nonentitlement municipality" means a municipality which is not entitled to
receive a basic grant or a hold harmless grant under Section 106 of said Housing and
Community Development Act of 1974, as from time to time amended.
(l) "Program period" means the period covering the fiscal year commencing on July
1, 1975 and each year commencing on July first thereafter or such other period of time
as may be defined by the state, acting by and through the commissioner. Any program
period approved by the United States government, acting by and through the Secretary
of Housing and Urban Development, for a municipality undertaking a community development activity shall also be deemed a program period.
(m) "Redevelopment", "redevelopment agency", "redevelopment area", "redevelopment plan" and "redevelopment project" have the same meanings as in section 8-125.
(n) "Urban renewal", "urban renewal area", "urban renewal plan" and "urban renewal project" have the same meanings as in section 8-141.
(P.A. 75-443, S. 2, 15; P.A. 77-614, S. 284, 610; P.A. 78-303, S. 81, 136; P.A. 79-598, S. 3, 4, 10; P.A. 88-280, S. 2;
P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)
History: P.A. 77-614 substituted department of economic development for commissioner of community affairs, effective
January 1, 1979; P.A. 78-303 substituted commissioner for department; P.A. 79-598 substituted commissioner of housing
for commissioner of economic development; P.A. 88-280 made technical changes to Subdiv. (g); P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Housing with Commissioner and Department of Economic and Community
Development.
Sec. 8-169c. Preparation and content of a community development plan. (a)
Any municipality may prepare, or cause to be prepared a community development plan
for submission to the legislative body of such municipality for approval. Such plan shall
include:
(1) A summary of a three-year community development program which identifies
community development and housing needs, demonstrates a comprehensive strategy
for meeting those needs and specifies both short-term and long-term community development objectives which have been prepared in accordance with the general plan of
the municipality, area-wide development planning and state and national urban growth
policies;
(2) A program which describes the activities to be undertaken and the resources
expected to be made available to meet its community development needs and objectives,
including activities designed to revitalize neighborhoods for the benefit of low and
moderate income persons, together with the estimated costs and the general locations
of such activities;
(3) A description of the environmental considerations taken into account in the
preparation of the plan;
(4) A description of a program designed to (A) eliminate or prevent slums, blight and
deterioration where such conditions or needs exist; (B) provide improved community
facilities and public improvements, including the provision of supporting health, social
and similar services where necessary and appropriate; and in a manner to insure fully
the opportunity for participation by, and benefits to, the physically disabled and (C)
improved conditions for low and moderate income persons residing in or expected to
reside in the community and foster neighborhood development in order to induce higher
income persons to remain in, or return to, the community;
(5) A description of a housing assistance plan which (A) accurately describes the
conditions of the housing stock within the community and assesses the housing assistance needs of low and moderate income persons, including elderly and handicapped
persons, large families and persons displaced or to be displaced residing in or expected
to reside in the community and identifies housing stock which is in a deteriorated condition; (B) specifies a realistic goal during the program period for the number of dwelling
units or persons to be assisted, including (i) the relative proportion of new, rehabilitated
and existing dwelling units, (ii) the size and types of housing projects and assistance
best suited to the needs of the low and moderate income families and persons and (iii),
in the case of subsidized rehabilitation, adequate provisions to assure that a preponderance of persons assisted are of low and moderate income, and (C) indicates the general
locations of proposed housing for low and moderate income families and persons with
the objective of (i) furthering the revitalization of the community, including the restoration and rehabilitation of stable neighborhoods to the maximum extent possible, and
the reclamation of the housing stock where feasible through the use of a broad range of
techniques for housing restoration by local government, the private sector or community
organizations, including provision of a reasonable opportunity for tenants displaced as
a result of such activities to relocate in their immediate neighborhood, (ii) promoting
greater choice of housing opportunities and avoiding undue concentration of assisted
persons in areas containing a high proportion of low-income persons and (iii) assuring
the availability of public facilities and services adequate to serve proposed housing
projects.
(b) Where any community development activity proposed to be undertaken is to be
undertaken in a development project area, harbor improvement project area, housing
site development project area, redevelopment project area or urban renewal project area,
the community development plan shall state whether the proposed activity is subject to
the controls of an adopted plan for such project area and, if so, whether the activity
conforms to the plan for such project area. If any such activity is not in conformance
with the provisions of the plan for such project area, then the community development
plan shall state in what respects the plan for such project area must be modified or
amended.
(c) A community development plan may be based to the extent it is consistent with
the provisions of this section upon a plan of conservation and development adopted under
section 8-23 or a community development action plan. Any nonentitlement municipality
may also use its adopted plan of conservation and development or community development action plan, to the extent such plans have been kept current, as determined by the
commissioner, or the Secretary of Housing and Urban Development in lieu of preparing
a community development plan under this section for the purpose of receiving state
financial assistance under section 8-169l.
(d) In the event the United States government, acting by and through the Secretary
of Housing and Urban Development, waives any requirement under the provisions of
Section 104 of the Housing and Community Development Act of 1974, as from time
to time amended, the provisions of subdivisions (1) to (5), inclusive, of subsection (a)
of this section affected by such waiver shall not be applicable to any municipality.
(e) The provisions of this section and section 8-169d shall not be applicable to
any community development plan submitted to a legislative body of a municipality for
approval prior to July 1, 1975.
(P.A. 75-443, S. 3, 15; P.A. 76-70, S. 1, 4, 5; P.A. 78-373, S. 2; P.A. 82-186, S. 1; 82-322, S. 5, 6; P.A. 88-280, S. 3;
P.A. 95-335, S. 16, 26.)
History: P.A. 76-70 added Subsecs. (d) and (e) re exceptions to applicability of section; P.A. 78-373 amended Subsec.
(a) to include housing needs in Subdiv. (1), to include provision for revitalizing neighborhoods in Subdiv. (2), to include
health and social services for physically disabled and to include provision for improvement of conditions for low and
moderate-income persons via neighborhood development in Subdiv. (4) and to require identification of deteriorated housing
stock, to require assistance to low and moderate-income persons in order to obtain subsidized rehabilitation and to require
reclamation of housing stock where possible and relocation assistance; P.A. 82-186 amended Subsec. (d) to exclude
references to communities under twenty-five thousand persons and to expand the possible scope of the waivers; P.A. 82-322 changed effective date of P.A. 82-186 from October 1, 1982, to July 1, 1982; P.A. 88-280 made technical change in
Subsec. (c); (Revisor's note: In 1993 an obsolete reference in the first sentence in Subsec. (c) to "adopted pursuant to
section 8-207" immediately following the reference to "a community development action plan" was deleted editorially by
the Revisors since Sec. 8-207 is repealed); P.A. 95-335 amended Subsec. (c) to change "plan of development" to "plan of
conservation and development", effective July 1, 1995.
Cited (as P.A. 76-70). 183 C. 523, 529.
Sec. 8-169d. Adoption and implementation of community development plan.
(a) A community development plan prepared by a municipality pursuant to subsection
(a) of section 8-169c or a description of the activities the municipality contemplates
undertaking pursuant to a community development plan, shall be filed at the office of
the city clerk or similar office within the municipality for public inspection and transmitted to the legislative body at least forty-five days prior to the approval of the community
development plan by the legislative body. Such plan shall simultaneously be referred
to the planning agency of the municipality for its review and comment and the housing
authority of the municipality for its review and comment on the housing assistance plan
which may be required under subdivision (5) of subsection (a) of section 8-169c. Where
said plan contemplates activities within a development project area, harbor improvement
project area, housing site development project area, redevelopment project area or urban
renewal project area, or if the plan contemplates human resources development activities, the plan shall likewise be simultaneously referred to the economic development
agency, harbor improvement agency, housing site development agency, or redevelopment agency, or human resources development agency, as the case may be, for review
and comment on the portion of the community development plan falling within the
jurisdiction of the particular agency.
(b) Any agency to which a community development plan is referred, pursuant to
subsection (a) of this section, shall submit written comments to the legislative body not
more than thirty days after receipt of the plan by such agency. Failure of the agency to
comment within thirty days shall be deemed approval of such plan by such agency. Prior
to the approval of a community development plan, at least one public hearing shall be
held on such plan not less than thirty days after the community development plan has
been filed for public inspection pursuant to subsection (a) of this section. Notice of such
hearing shall be published at least twice in a newspaper of general circulation in the
municipality. The first publication of notice for any such hearing shall be not less than
two weeks before the date set for such hearing but may be published at any time after
the filing of the community development plan for public inspection pursuant to subsection (a) of this section.
(c) A community development plan may be approved by the legislative body if it
determines that:
(1) The community development plan has been developed so as to give maximum
feasible priority to activities which will benefit low or moderate income families and
persons or aid in the prevention of slum or blight or that the activities contemplated in
the plan, in whole or in part, are designed to meet other community development needs
having a particular urgency which cannot otherwise be met.
(2) There has been (A) adequate information provided citizens of the municipality
concerning the amount of funds available for activities proposed under the plan, the
range of activities which may be undertaken and other important program requirements,
(B) adequate opportunity for citizens to participate in the development of the plan and
(C) adequate public hearings by the legislative body and by any other agency of the
municipality designated to hold hearings on such plan to obtain the views of citizens
on the community development and housing needs.
(3) The community development program shall be conducted and administered in
compliance with the Civil Rights Acts of 1964 and 1968, P.L. 88-352 and P.L. 90-284,
as from time to time amended, Section 109 of said Housing and Community Development Act of 1974, as from time to time amended, and sections 46a-58, 46a-59, 46a-60
and 46a-64.
(4) Where federal financial assistance is to be provided, the chief executive officer
of the municipality has consented to make the certifications required under Subsection
(h) of Section 104 of said Housing and Community Development Act of 1974, as from
time to time amended.
(5) In implementing its community development program the municipality shall
comply with the provisions of chapter 135 and where federal financial assistance is to
be provided, the municipality shall comply with the provisions of Titles II and III of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
P.L. 91-646, as from time to time amended.
(6) Where federal financial assistance is to be provided in the implementation of a
community development program, all laborers and mechanics employed by contractors
or subcontractors on construction or rehabilitation work, except as provided under Section 110 of said Housing and Community Development Act of 1974, as from time to
time amended, and part III of chapter 557 and part I of chapter 558, shall be paid wages
at rates not less than those prevailing on similar construction within the locality, as
determined by the United States Secretary of Labor under the provisions of the Davis-Bacon Act, as from time to time amended, 40 USC, Sections 276a to 276a-5, inclusive,
or by the Labor Commissioner under section 31-53, and all such persons shall receive
overtime compensation in accordance with the provisions of the Contract Work Hours
and Safety Standards Act, 40 USC, Sections 327 to 332, inclusive, and section 31-60,
or where no such federal financial assistance is to be provided, then compliance with
part III of chapter 557 and part I of chapter 558 shall be required.
(7) Where federal financial assistance is to be provided, the community development plan has or shall be submitted for review and comment to an area-wide agency
pursuant to the provisions of Title II of the Demonstration Cities and Metropolitan
Development Act of 1966, P.L. 89-754, as from time to time amended, and Title IV of
the Intergovernmental Relations Act of 1968, P.L. 90-557, as may from time to time be
amended, and procedures established by the president thereunder. A municipality may
submit its community development plan for such review and comment at any time
subsequent to the filing of the community development plan for public review under
the provisions of subsection (a) of this section.
(d) The provisions of this section and section 8-169c shall not be applicable to
any community development plan submitted to a legislative body of a municipality for
approval prior to July 1, 1975.
(P.A. 75-443, S. 4, 15; P.A. 76-70, S. 2, 4, 5; P.A. 78-373, S. 3; P.A. 82-186, S. 2; 82-322, S. 5, 6.)
History: P.A. 76-70 amended Subsec. (a) to include descriptions of activities pursuant to development plan, to require
filing forty-five days before approval of community development plan rather than sixty days before commencement of
program, amended Subsec. (b) to require that one hearing be not less than thirty days after filing and clarified notice
provision, amended Subdiv. (7) of Subsec. (c) to allow submission for review by area-wide agency after filing plan for
public review and added Subsec. (d) re applicability; P.A. 78-373 added phrase "as from time to time amended" to references
to "Housing and Community Development Act of 1974"; P.A. 82-186 provided that only one, rather than two, hearings
would be mandatory; P.A. 82-322 changed effective date of P.A. 82-186 from October 1, 1982, to July 1, 1982.
Cited (as Sec. 4 of P.A. 75-443 and as P.A. 76-70). 183 C. 523, 528.
Subsec. (a):
Cited. 183 C. 523, 529.
Subsec. (b):
Cited. 183 C. 523, 530, 531.