June Special Session, Public Act No. 07-4
AN ACT IMPLEMENTING THE PROVISIONS OF THE BUDGET CONCERNING GENERAL GOVERNMENT.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (Effective July 1, 2007) Notwithstanding any provision of the general statutes, (1) the city of Hartford, through the Court of Common Council, may lease to the General Assembly, through the Joint Committee on Legislative Management, all that certain piece or parcel of land, together with the buildings and improvements thereon, located at 800 Main Street in the city of Hartford and known as the "Old State House", for a term of not less than ninety-nine years and for a cost of not more than one dollar per year, and (2) any such lease shall require the Joint Committee on Legislative Management to (A) have custody and control of said piece or parcel of land, buildings and improvements, (B) provide for appropriate maintenance of said piece or parcel of land, buildings and improvements, and (C) pursuant to requests for proposals, (i) award contracts for educational and community programming for the Old State House, and (ii) award contracts for the maintenance and operation of the Old State House.
Sec. 2. Section 25-33o of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):
(a) The chairperson of the Public Utility Control Authority, or the chairperson's designee, the Commissioner of Environmental Protection, or the commissioner's designee, the Secretary of the Office of Policy and Management, or the secretary's designee, and the Commissioner of Public Health, or the commissioner's designee, shall constitute a Water Planning Council to address issues involving the water companies, water resources and state policies regarding the future of the state's drinking water supply. [The chairperson of the Public Utility Control Authority shall convene the first meeting of the council. ] On or after July 1, 2007, and each year thereafter, the chairperson of the Water Planning Council shall be elected by the members of the Water Planning Council.
(b) The Water Planning Council shall conduct a study, in consultation with representatives of water companies, municipalities, agricultural groups, environmental groups and other water users, that shall include the following issues: (1) The financial viability, market structure, reliability of customer service and managerial competence of water companies; (2) fair and reasonable water rates; (3) protection and appropriate allocation of the state's water resources while providing for public water supply needs; (4) the adequacy and quality of the state's drinking water supplies to meet current and future needs; (5) an inventory of land and land use by water companies; (6) the status of current withdrawals, projected withdrawals, river flows and the future needs of water users; (7) methods for measurement and estimations of natural flows in Connecticut waterways in order to determine standards for stream flows that will protect the ecology of the state's rivers and streams; (8) the status of river flows and available data for measuring river flows; (9) the streamlining of the water diversion permit process; (10) coordination between the Departments of Environmental Protection, Public Health and Public Utility Control in review of applications for water diversion; and (11) the procedure for coordination of planning of public water supply systems established in sections 25-33c to 25-33j, inclusive. Such study shall be conducted on both a regional and state-wide level.
(c) The council may establish an advisory group that shall serve at the pleasure of the council. The advisory group shall be balanced between consumptive and nonconsumptive interests. The advisory group may include representatives of (1) regional and municipal water utilities, (2) investor-owned water utilities, (3) a wastewater system, (4) agricultural interests, (5) electric power generation interests, (6) business and industry interests, (7) environmental land protection interests, (8) environmental river protection interests, (9) boating interests, (10) fisheries interests, (11) recreational interests, (12) endangered species protection interests, and (13) members of academia with expertise in stream flow, public health and ecology.
[(c)] (d) The council shall, not later than January 1, 2002, and annually thereafter, report its preliminary findings and any proposed legislative changes to the joint standing committees of the General Assembly having cognizance of matters relating to public health, the environment and public utilities in accordance with section 11-4a, except that not later than February 1, 2004, the council shall report its recommendations in accordance with this subsection with regard to (1) a water allocation plan based on water budgets for each watershed, (2) funding for water budget planning, giving priority to the most highly stressed watersheds, and (3) the feasibility of merging the data collection and regulatory functions of the Department of Environmental Protection's inland water resources program and the Department of Public Health's water supplies section.
Sec. 3. (NEW) (Effective October 1, 2007) (a) The Office of Policy and Management shall conduct a study to:
(1) Review and prioritize the recommendations and the goals of the Water Planning Council developed prior to October 1, 2007;
(2) Compile information from other reports or studies regarding water resources planning in the state;
(3) Establish a mechanism to perform an in-depth analysis of existing statutes and regulations of the Department of Environmental Protection, the Department of Public Health and the Department of Public Utility Control for areas of overlapping and conflicting or inefficient procedures;
(4) Review and summarize other states' regulatory programs and structures, relating to water resource planning, including, but not limited to, their approaches to water allocation;
(5) Identify processes and funding needs for the evaluation of existing water diversion data and approaches to basin planning projects and coordinate water data collection from, and analysis among, the Department of Environmental Protection, the Department of Public Health, the Department of Public Utility Control, the Office of Policy and Management and the United States Geological Survey, and recommend supplemental data collection, as appropriate;
(6) Evaluate existing water conservation programs and make recommendations to enhance water conservation programs to promote a water conservation ethic and to provide for appropriate drought response and enforcement capabilities; and
(7) Identify funding requirements and mechanisms for ongoing efforts in water resources planning in the state.
(b) The Office of Policy and Management shall transfer sufficient funds, as determined by said office, to the Department of Environmental Protection for data collection and analysis conducted by said department for the purposes of this section.
(c) Not later than February 1, 2008, and annually thereafter, the Secretary of the Office of Policy and Management shall submit a report, in accordance with the provisions of section 11-4a of the general statutes, on its findings pursuant to the study in subsection (a) of this section, along with any recommended legislative revisions, to the joint standing committees of the General Assembly having cognizance of matters relating to public utilities and appropriations and to the Water Planning Council.
Sec. 4. Subsection (b) of section 32-235 of the general statutes, as amended by section 3 of public act 07-205, is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):
(b) The proceeds of the sale of said bonds, to the extent of the amount stated in subsection (a) of this section, shall be used by the Department of Economic and Community Development for the purposes of sections 32-220 to 32-234, inclusive, including economic cluster-related programs and activities, and for the Connecticut job training finance demonstration program pursuant to sections 32-23uu and 32-23vv provided, (1) three million dollars shall be used by said department solely for the purposes of section 32-23uu and not more than five million two hundred fifty thousand dollars of the amount stated in said subsection (a) may be used by said department for the purposes of section 31-3u, (2) not less than one million dollars shall be used for an educational technology grant to the deployment center program and the nonprofit business consortium deployment center approved pursuant to section 32-41l, (3) not less than two million dollars shall be used by said department for the establishment of a pilot program to make grants to businesses in designated areas of the state for construction, renovation or improvement of small manufacturing facilities provided such grants are matched by the business, a municipality or another financing entity. The Commissioner of Economic and Community Development shall designate areas of the state where manufacturing is a substantial part of the local economy and shall make grants under such pilot program which are likely to produce a significant economic development benefit for the designated area, (4) five million dollars may be used by said department for the manufacturing competitiveness grants program, (5) one million dollars shall be used by said department for the purpose of a grant to the Connecticut Center for Advanced Technology, for the purposes of section 32-237, and (6) [fifty] ten million dollars shall be used by said department for [infrastructure improvements to increase the military value of the United States Naval Submarine Base - New London, where such improvements may include, but need not be limited to, piers, drydocks or facilities for maintenance, operations, training, ordinance or electric or water utilities, provided, for any infrastructure improvement constructed, said commissioner shall negotiate a multiyear lease with the United States Department of the Navy, at the end of which lease ownership of such improvement may be transferred to said department or, if said department ceases operations at such submarine base prior to the end of such lease, said department shall reimburse the state for the full construction cost of such improvement] the purpose of grants to the United States Navy or eligible applicants for projects related to the enhancement of infrastructure for long-term, on-going naval operations at the United States Naval Submarine Base-New London, located in Groton, which will increase the military value of said base.
Sec. 5. (NEW) (Effective July 1, 2007) (a) The Labor Department, within available appropriations, shall establish a program to distribute youth employment and training funds to regional workforce development boards.
(b) Funds provided for in this section shall be allocated as follows: (1) Thirty-two and five-tenths per cent to Capitol Workforce Partners; (2) twenty-two and five-tenths per cent to The Workforce Alliance; (3) twelve and five-tenths per cent to The Workplace, Inc. ; (4) twenty-two and five-tenths per cent to the Northwest Regional Workforce Investment Board, Inc. ; and (5) ten per cent to the Eastern Connecticut Workforce Investment Board.
Sec. 6. (Effective October 1, 2007) (a) The Probate Court Administrator shall establish, within available appropriations, an Extended Family Guardianship and Assisted Care Pilot Program in the regional children's probate court for the district of New Haven, established pursuant to section 45a-8a of the general statutes, for the purpose of reducing the number of children who are placed out of their communities and in foster care due to abuse and neglect. The program shall be designed to (1) provide outreach to extended family members in the community and appoint such family members as guardians, and (2) seek volunteers to act as assisted care providers to assist guardians in caring for children. Under the program, each guardian appointed by the court shall be eligible to receive a maximum grant of five hundred dollars per child.
(b) The Probate Court Administrator shall adopt regulations, in accordance with chapter 54 of the general statutes, to implement the provisions of this section. The regulations shall establish the eligibility criteria for (1) becoming a guardian or an assisted care provider under the program, and (2) the awarding of grants pursuant to subsection (a) of this section.
(c) On or before January 1, 2009, the Probate Court Administrator, or a designee, shall report, in accordance with section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary and the select committee of the General Assembly having cognizance of matters relating to children, on the status and effectiveness of the pilot program established pursuant to subsection (a) of this section.
Sec. 7. Section 7-323p of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):
(a) The Office of State Fire Administration shall maintain and operate a state fire school which shall serve as the training and education arm of the Commission on Fire Prevention and Control. The use of any hazardous material, as defined in section 29-307a, except a virgin fuel, is prohibited in the simulation of any fire. The office shall fix fees for training and education programs and sessions and for such other purposes deemed necessary for the operation and support of the school, subject to the approval of the commission. Such fees shall be used solely for training and education purposes.
(b) The commission may establish and maintain a state fire school training and education extension account, which shall be a separate account within the General Fund. The account shall contain any moneys required by law to be deposited in the account. The account may be used for the operation of such training and education extension programs and sessions as the Office of State Fire Administration may establish, [and] for the purchase of such equipment as is required for use in the operation of such programs and sessions, and for (1) reimbursement to municipalities and municipal fire departments for one-half of the costs of Firefighter I certification and recruit training of municipal volunteer and paid fire service personnel, and (2) reimbursement to state agencies for one-half of the costs of Firefighter I certification and recruit training of state agency fire service personnel. All proceeds derived from the operation of the training and education extension programs and sessions shall be deposited in the General Fund and shall be credited to and become a part of the resources of the account. All direct expenses incurred in the conduct of the training, certification and education programs and sessions shall be charged, and any payments of interest and principal of bonds or any sums transferable to any fund for the payment of interest and principal of bonds and any cost of equipment for such operations may be charged, against the account on order of the State Comptroller. Any balance of receipts above expenditures shall remain in the account to be used for its training and education programs and sessions, and for the acquisition, as provided by section 4b-21, alteration and repairs of real property for educational facilities, except such sums as may be required to be transferred from time to time to any fund for the redemption of bonds and payment of interest on bonds, provided repairs, alterations or additions to educational facilities costing fifty thousand dollars or less shall require the approval of the Commissioner of Public Works, and capital projects costing over fifty thousand dollars shall require the approval of the General Assembly or, when the General Assembly is not in session, of the Finance Advisory Committee.
(c) The commission may establish and maintain a state fire school auxiliary services account, which shall be a separate account within the General Fund. The account shall be used for the operation, maintenance and repair of auxiliary service facilities and for such other auxiliary activities of the state fire school as the Office of State Fire Administration determines. The proceeds of such activities shall be deposited in the General Fund and shall be credited to and become a part of the resources of the account. All direct expenses of operation, maintenance and repair of facilities, food services and other auxiliary activities shall be charged, and any payments of interest and principal of bonds or any sums transferable to any fund for the payment of interest and principal of bonds and any cost of equipment for such operations may be charged, against the account on order of the State Comptroller. Any balance of receipts above expenditures shall remain in the account to be used for the improvement and extension of such activities, except such sums as may be required to be transferred from time to time to any fund for the redemption of bonds and payment of interest on bonds, provided repairs, alterations or additions to auxiliary service facilities costing fifty thousand dollars or less shall require the approval of the Commissioner of Public Works, and capital projects costing over fifty thousand dollars shall require the approval of the General Assembly or, when the General Assembly is not in session, of the Finance Advisory Committee. The commission, with the approval of the Finance Advisory Committee, may borrow from the resources of the General Fund at any time such sum or sums as it deems advisable, to establish or continue auxiliary services activities, such sums to be repaid in accordance with such schedule as the Secretary of the Office of Policy and Management shall establish.
Sec. 8. (NEW) (Effective July 1, 2007) There is established an account known as the invasive species detection and control account, which shall be a separate, nonlapsing account within the Conservation Fund. Said account shall contain any moneys required by law to be deposited therein. Moneys in the account shall be expended by the Commissioner of Environmental Protection for the purposes of controlling invasive species, including, but not limited to, employing an invasive species coordinator, developing an early detection and rapid response policy, educating the public regarding invasive species, funding Department of Agriculture and Connecticut Agricultural Experiment Station inspectors and making grants to municipalities for the control of invasive species on publicly accessible land and waters.
Sec. 9. (NEW) (Effective July 1, 2007) (a) As used in this section:
(1) "Grant" means an urban violence reduction grant;
(2) "Eligible agency" means a nonprofit agency authorized by a municipality to apply for and administer a grant on behalf of such municipality;
(3) "Program" means the urban violence reduction grant program; and
(4) "Secretary" means the Secretary of the Office of Policy and Management.
(b) There is established an urban violence reduction grant program for the purpose of reducing urban youth violence by providing grants for programs and services for youth in urban centers within the state. The program shall be administered by the Office of Policy and Management.
(c) The secretary shall, within available appropriations, award grants under the program based on competitive proposals submitted and evaluated as provided in this section. Such grants may be made to a municipality or to one or more eligible agencies acting on behalf of a municipality.
(d) Grants made under this section shall be used to provide eligible programs and services for youth between twelve and eighteen years of age. Such programs and services shall include, but not be limited to: (1) Mentoring; (2) tutoring and enrichment activities; (3) social and cultural activities; (4) athletic and recreational opportunities; (5) training in problem-solving, decision-making, peer counseling and conflict mediation; (6) the implementation of strategies to address imminent violence, collaborate to reduce violence on the street and improve relations between the police and the communities they serve. Grant recipients shall provide for parental and youth involvement, on an ongoing basis, in the planning and operation of such programs.
(e) The Office of Policy and Management shall publish a notice of grant availability and solicit competitive proposals under the program for the fiscal year ending June 30, 2008, and each fiscal year thereafter. Municipalities and eligible agencies acting on behalf of a municipality may file a grant application with the Office of Policy and Management on such forms and at such times as the secretary prescribes. Applications filed by eligible agencies acting on behalf of a municipality shall include the endorsement of the chief elected official of such municipality.
(f) The Office of Policy and Management shall review all grant applications received under the program and determine which grant applications shall be funded and at what funding levels. Criteria for such determinations shall be established by the secretary and included in the notice of grant availability.
(g) The secretary may adopt regulations, in accordance with chapter 54 of the general statutes, to carry out the provisions of this section.
Sec. 10. Section 9 of public act 07-232 is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):
The Commissioner of Transportation shall develop and recommend procedures [, in accordance with the general statutes,] and criteria for the leasing of naming rights of transit stations and other transit-owned property to private corporations and organizations. The commissioner shall [establish criteria for the leasing of such naming rights. Such criteria shall be submitted] submit such recommended procedures and criteria to the joint standing committee of the General Assembly having cognizance of matters relating to transportation [, not later than] on or before January 30, 2008. [, and, if approved by said committee, such approval shall not be later than the close of the 2008 session of the General Assembly. ]
Sec. 11. Section 16-50l of the general statutes is amended by adding subsection (f) as follows (Effective July 1, 2007):
(NEW) (f) For purposes of this chapter, an application that is subject to the request-for-proposal process of section 16a-7c, shall be deemed to be a "pre application" until the completion of the such request-for-proposal process. At the completion of the request-for-proposal process, such pre application shall be considered an application. The requirements of this section shall apply to applications and pre-applications.
Sec. 12. Section 32-237 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):
(a) The Connecticut Center for Advanced Technology shall establish a center for supply chain integration to assist at risk small and medium-sized manufacturers in the state that are suppliers for defense manufacturers, to adopt the digital technology and business practices needed to fully participate in the next generation defense supply base. The center shall provide technical and business assistance and training to help such suppliers (1) adopt the state-of-the-market digital manufacturing and information technologies and best business practices and techniques, and (2) eliminate waste caused by poor information flow and counterproductive business practices across multiple buyer and supplier relationships. The center shall work with other state and national resources to help suppliers that are transitioning from a commodity-oriented business model into a value-added technology-based model of component and service integration. The center shall carry out the purposes of this section by providing training, on-site assistance and facilities and equipment for suppliers.
(b) The center for supply chain integration established pursuant to subsection (a) of this section, shall make its services available to assist small and medium-sized manufacturers in the state. The center shall provide the same services to such manufacturers to promote supply chain development, as described in subsection (a) of this section.
Sec. 13. Section 32-345 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The [corporation shall] Department of Economic and Community Development may establish a Connecticut development research and economic assistance matching grant program, within available appropriations and, for the purposes of providing financial aid, as defined in subdivision (4) of section 32-34, to assist: (1) Connecticut small businesses in conducting marketing-related activities to facilitate commercialization of research projects funded under the small business innovation research program or the small business technology transfer program; (2) business-led consortia or Connecticut businesses in connection with their participation in a federal technology support program; and (3) micro businesses, in conducting development and research. The department may enter into an agreement, pursuant to chapter 55a, with a person, firm, corporation or other entity to operate such program.
(b) Applications shall be submitted [to the corporation at such times and on such forms as the corporation may prescribe] in the manner prescribed by the department. Each such application shall include the following: (1) The location of the principal place of business of the applicant; (2) an explanation of the intended use of the funding being applied for, the potential market for the end product of the project and the marketing strategy; and (3) such other information that the [corporation] department deems necessary. Information contained in any such application submitted to the [corporation] department under this section which is of a proprietary nature shall be exempt from the provisions of subsection (a) of section 1-210.
(c) In determining whether an applicant shall be selected for funding pursuant to this section, the [corporation] department, or the operator, if any, selected pursuant to subsection (a) of this section, shall consider, but such consideration need not be limited to, the following factors: (1) The description of the small business innovation research project, the small business technology transfer project or the federally-supported technology project and the potential commercial applicability of such project; (2) evidence of satisfactory participation in the applicable small business innovation research program, the small business technology transfer program or the federal technology support program; (3) the potential impact of such research project on the workforce in the region where such small business is located; (4) the size of the potential market, strength of the marketing strategy, and ability of the applicant to execute the strategy and successfully commercialize the end product; and (5) the resources and record of success of the company relative to development and commercialization. Within the availability of funds, the [corporation] department may provide financial aid to eligible applicants provided no business may receive more than fifty thousand dollars for any single small business innovation research project or small business technology transfer project. The [corporation] department may require a business to repay such assistance or pay a multiple of the assistance to the [corporation] department. All such repayments and payments shall be deposited in the Connecticut technology partnership assistance program revolving account established under section 32-346, as amended by this act.
(d) The [corporation shall] department may establish a development, research and economic assistance matching financial aid program for micro businesses that have received federal funds for Phase II proposals under the small business innovation research program and the small business technology transfer program. Any micro business receiving financial aid under this subsection shall use such financial aid for the same purpose such micro business was awarded said federal funds. The department may enter into an agreement, pursuant to chapter 55a, with a person, firm, corporation or other entity to operate such a program.
(e) [The corporation shall adopt written procedures, in accordance with the provisions of section 1-121 to carry out the provisions of this section. ] On or before January 15, 2008, and annually thereafter, the Commissioner of Economic and Community Development shall, in consultation with the program operator, if any, submit a report on the status of the development research and economic assistance matching grant program to the chairpersons of the joint standing committee of the General Assembly having cognizance of matters relating to the Department of Economic and Community Development. Such report shall include, but need not be limited to, a description of the projects supported and the type of financial aid provided.
Sec. 14. Section 32-346 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The corporation shall establish a "Connecticut technology partnership assistance program revolving account". Any and all references in any general statutes, procedure or legal document to the "phase III assistance program revolving account" shall, on and after July 1, 1995, be deemed to refer to the "Connecticut technology partnership assistance program revolving account". The account shall be used for the purpose of providing [financial assistance under section 32-345 and] financial aid under section 32-41u.
Sec. 15. Section 32-356 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) For purposes of this section, "incubator facilities" shall have the same meaning as incubator facilities in section 32-34.
(b) The Commissioner of Economic and Community Development shall establish the small business incubator program to provide grants to entities operating incubator facilities, as defined in section 32-34. [Such grants] The Department of Economic and Community Development may enter into an agreement, pursuant to chapter 55a, with a person, firm, corporation or other entity to operate such program. The department, or a program operator selected pursuant to this subsection, shall, subject to the availability of funds, operate a technology-based small business incubator program. In accordance with the written guidelines developed by the department, the department or program operator, if any, may provide grants to assist small businesses operating within incubator facilities. Grants made pursuant to this section shall be used by such entities to provide operating funds and related services, including business plan preparation, assistance in acquiring financing and management counseling.
(c) An entity shall submit an application for a grant pursuant to this section [to the commissioner, at such time and in such manner as the commissioner shall prescribe in regulations adopted pursuant to subsection (d) of this section] in the manner prescribed by the Commissioner of Economic and Community Development.
[(d) The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to implement the small business incubator program established pursuant to this section. Such regulations shall include (1) a description of entities eligible for grants under such program, (2) a description of allowable expenditures for such grants, (3) definitions of small businesses eligible for support pursuant to such program, (4) directions regarding the form and content of the application to be submitted by entities seeking grants, (5) schedules for the awarding of grants, (6) standards indicating the bases upon which grants shall be awarded, including (A) priorities, if any, for small business incubator programs that provide certain support services, (B) criteria relating to the background, experience and services offered by the entity seeking a grant, and (C) any limitations on the amount of grant any one entity may receive in one funding cycle, and (7) such other provisions that the commissioner may find necessary for the implementation of such program. ]
[(e)] (d) There is established an account to be known as the small business incubator account, which shall be a separate, nonlapsing account within the General Fund. [The account shall contain all moneys required by law to be deposited in the account and shall be held separate and apart from all other money, funds and accounts. Investment earnings from any moneys in the account shall be credited to the account and shall become part of the assets of the account. Any balance remaining in the account at the end of any fiscal year shall not lapse and shall be available for use for the fiscal year next succeeding. ] The commissioner may use funds from the account to provide administrative expenses and grants pursuant to this section.
(e) (1) There is established a Small Business Incubator Advisory Board. Said board shall consist of: (A) The Commissioner of Economic and Community Development; (B) the president of the Connecticut Development Authority and the executive director of Connecticut Innovations, Incorporated, as ex-officio nonvoting members, or their designees; (C) one member to be appointed by the Governor; (D) two members with experience in the field of technology transfer and commercialization, to be appointed by the speaker of the House of Representatives; (E) two members with experience in new product and market development, to be appointed by the president pro tempore of the Senate; (F) one member to be appointed by the majority leader of the Senate; (G) one member to be appointed by the majority leader of the House of Representatives; (H) one member with experience in seed and early stage capital investment, to be appointed by the minority leader of the House of Representatives; and (I) one member with experience in seed and early stage capital investment, to be appointed by the minority leader of the Senate. All initial appointments to said board shall be made not later than September 1, 2007.
(2) The Commissioner of Economic and Community Development shall schedule the first meeting of said board not later than October 15, 2007. Thereafter, the board shall meet at least once annually to evaluate and recommend changes to the guidelines adopted pursuant to this section.
Sec. 16. (NEW) (Effective July 1, 2007) (a) As used in this section and sections 17 to 19, inclusive, of this act:
(1) "Closed crankcase filtration system" means a system that separates oil and other contaminants from the blow-by gases and routes the blow-by gases into a diesel engine's intake system downstream of the air filter;
(2) "Emergency contingency vehicle" means a bus placed in an inactive contingency fleet for local emergencies, after the bus has reached the end of its normal minimum useful life;
(3) "Full-sized school bus" means a school bus, as defined in section 14-275 of the general statutes, which is a Type I diesel school bus, including spare buses operated by or under contract to a school district, but not including emergency contingency vehicles or low usage vehicles;
(4) "Low usage vehicle" means a bus that operates for not more than one thousand miles per year;
(5) "Model year 2007 emission standards" means engine emission standards promulgated by the federal Environmental Protection Agency in 40 CFR Parts 69, 80 and 86;
(6) "Ultra-low sulfur diesel fuel" means diesel fuel used by an on-road engine that meets the requirements for sulfur content set forth in 40 CFR 80;
(7) "Verified emissions control device" means a device that has been verified by the federal Environmental Protection Agency or the California Air Resources Board to reduce particulate matter emissions by a given amount;
(8) "Level 1 device" means a verified emissions control device that achieves greater than or equal to twenty-five per cent, but less than fifty per cent, particulate matter reduction;
(9) "Level 2 device" means a verified emissions control device that achieves greater than or equal to fifty per cent, but less than eighty-five per cent, particulate matter reduction; and
(10) "Level 3 device" means a verified emissions control device that achieves greater than or equal to eighty-five per cent particulate matter reduction or a particulate matter emission standard of 0. 01 grams per brake horsepower-hour.
Sec. 17. (NEW) (Effective July 1, 2007) (a) Except as provided in subsection (b) of this section, not later than September 1, 2010, each full-sized school bus with an engine model year of 1994 or later transporting children in the state shall either: (1) Be equipped with a closed crankcase filtration system and either a level 1 device, level 2 device or level 3 device, or, if the bus has an engine model year of 2003 to 2006, inclusive, has not been retrofitted with a level 1 device or level 2 device prior to July 1, 2007, and is capable of operating normally with a level 3 device that can be installed along with a closed crankcase filtration system for five thousand dollars or less in accordance with a procurement contract developed pursuant to subsection (c) of this section, be equipped with a closed crankcase filtration system and a level 3 device, (2) be equipped with an engine certified by the federal Environmental Protection Agency to meet model year 2007 emission standards, or (3) use compressed natural gas or other alternative fuel certified by the federal Environmental Protection Agency or the California Air Resources Board to reduce particulate matter emissions by not less than eighty-five per cent compared to ultra-low sulfur diesel fuel.
(b) The provisions of subsection (a) of this section shall not apply if the procurement contracts developed pursuant to subsection (c) of this section fail to establish a price level for the purchase, installation and warranty of a closed crankcase filtration system, and either a level 1 device, level 2 device or level 3 device in each type of full-sized school bus that is equivalent to or less than the grant amount for such emissions control device specified in subsection (a) of section 19 of this act.
(c) The Commissioner of Administrative Services, in consultation with the Commissioner of Environmental Protection, shall develop procurement contracts, in accordance with chapter 58 of the general statutes, for (1) level 1, level 2 and level 3 devices, and (2) closed crankcase filtration systems, including the installation and warranty of such devices and such systems. Said procurement contracts shall be made available to state agencies and political subdivisions of the state through the contracting portal section of the Department of Administrative Services' Internet web site.
Sec. 18. (NEW) (Effective July 1, 2007) There is established the "school bus emissions reduction account", which shall be a separate, nonlapsing account within the General Fund. The account shall contain any moneys required by law to be deposited in the account. The moneys in said account shall be expended by the Department of Environmental Protection for the purposes of the school bus emissions reduction program established in section 19 of this act. The Department of Environmental Protection shall not use more than three per cent of the funds in said account for the administration of said program.
Sec. 19. (NEW) (Effective July 1, 2007) (a) The Commissioner of Environmental Protection, in consultation with the Commissioner of Education, shall establish a school bus emissions reduction program. Such program shall be established regardless of the price levels established by the procurement contracts developed pursuant to subsection (c) of section 17 of this act. Through the program, the Commissioner of Environmental Protection shall:
(1) Within available appropriations, make grants with funds from the school bus emissions reduction account, established pursuant to section 18 of this act, to municipalities and local and regional school boards to reimburse them for the cost of retrofitting full-sized school buses that are projected to be in service on or after September 1, 2010, as follows: (A) Not to exceed five thousand dollars for each bus with an engine model year between 2003 to 2006, inclusive, that has been equipped with a closed crankcase filtration system and a level 3 device; (B) not to exceed two thousand five hundred dollars for each bus that has been equipped with a closed crankcase filtration system and a level 2 device; and (C) not to exceed one thousand two hundred fifty dollars for each bus that has been equipped with a closed crankcase filtration system and a level 1 device. In the event the procurement contracts developed pursuant to section 17 of this act fail to establish a price level for the purchase, installation and warranty of a closed crankcase filtration system and either a level 1 device, level 2 device or level 3 device in each type of full-sized school bus that is equivalent to or less than the grant level for such emissions control device specified in this section, municipalities and local and regional boards of education may opt to retrofit their full-sized school buses and continue to be eligible to receive the grants established in this section;
(2) Develop an outreach plan and materials for educating and notifying municipalities, local and regional boards of education and bus companies about the requirements of section 17 of this act; and
(3) Assist municipalities and local and regional boards of education and bus companies to retrofit their full-sized school buses. Such assistance shall include, but not be limited to, guidance in choosing whether to retrofit buses with either a level 1 device, level 2 device or level 3 device.
(b) To receive a reimbursement pursuant to this section, a municipality or local or regional board of education shall submit a form prescribed by the commissioner to the Department of Environmental Protection, which shall contain: (1) The school bus model and year, engine model and year, vehicle identification number and date of installation for each eligible retrofitted bus, (2) for an eligible bus retrofitted with a level 3 device, a certification that the bus will operate in the state for not less than three years after the date of installation of the emission control device, and (3) a receipt for the purchase of the emission control devices and their installation.
Sec. 20. Subsection (e) of section 54-56g of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):
(e) The court may, as a condition of granting such application, require that such person participate in a victim impact panel program approved by the Court Support Services Division of the Judicial Department. Such victim impact panel program shall provide a nonconfrontational forum for the victims of alcohol-related or drug-related offenses and offenders to share experiences on the impact of alcohol-related or drug-related incidents in their lives. Such victim impact panel program shall be conducted by a nonprofit organization that advocates on behalf of victims of accidents caused by persons who operated a motor vehicle while under the influence of intoxicating liquor or any drug, or both. Such organization may assess a participation fee of not more than [twenty-five] seventy-five dollars on any person required by the court to participate in such program, provided such organization shall offer a hardship waiver when it has determined that the imposition of a fee would pose an economic hardship for such person.
Sec. 21. Section 7 of public act 07-1 is repealed and the following is substituted in lieu thereof (Effective from passage):
Nothing in chapter 10 of the general statutes shall prohibit the donation of goods or services, as described in subdivision (5) of subsection (e) of section 1-79 of the general statutes, as amended by [this act] section 5 of public act 07-1, to a state agency or quasi-public agency, [or] the donation of the use of facilities to facilitate state agency or quasi-public agency action or functions or the donation of real property to a state agency or quasi-public agency. As used in this section, "state agency" and "quasi-public agency" have the same meanings as provided in section 1-79 of the general statutes, as amended by [this act] section 5 of public act 07-1.
Sec. 22. Subsection (b) of section 1 of public act 07-205 is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):
(b) The Governor, in consultation with the Commissioner of Economic and Community Development, shall appoint an executive director to manage the daily activities and duties of the Office of Military Affairs. The executive director shall have the necessary qualifications to perform the duties of said office, including, but not limited to, having prior military experience, and having attained the rank of an officer within a branch of the armed forces. The Governor shall give preference to any person with the necessary training and experience who has served in the navy [and] or who has knowledge or prior experience with the federal Base Realignment and Closure or "BRAC" process. Within available appropriations, the executive director shall: (1) Appoint, employ and remove such assistants, employees and personnel as deemed necessary for the efficient and effective administration of the activities of the office; (2) coordinate state and local efforts to prevent the closure or downsizing of Connecticut military facilities, particularly United States Naval Submarine Base-New London, located in Groton; (3) maximize the state's input into the federal Base Realignment and Closure or "BRAC" process, including, but not limited to, (A) acting as liaison to the state's congressional delegation on defense, military and BRAC issues, and (B) acting as liaison to consultant lobbyists hired by the state to assist in monitoring activities related to BRAC; (4) encourage the relocation of military missions to the state; (5) coordinate state and local efforts to enhance the quality of life of all branches of military personnel and their families living or working in Connecticut; (6) review and make recommendations for state policies that affect Connecticut's military facilities and defense and homeland security industries; (7) coordinate state, regional and local efforts to encourage the growth of Connecticut's defense and homeland security industry; (8) support the development of a Defense and Homeland Security Industry Cluster; (9) establish and coordinate a Connecticut Military and Defense Advisory Council to provide technical advice and assistance; (10) oversee the implementation of recommendations of the Governor's Commission for the Economic Diversification of Southeastern Connecticut; and (11) prepare and submit a report of activities, findings and recommendations annually to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to commerce and public safety, in accordance with the provisions of section 11-4a of the general statutes.
Sec. 23. Section 1 of special act 07-5 is amended to read as follows (Effective from passage):
Notwithstanding the provisions of chapter 53 of the general statutes, the Comptroller is directed to draw her order on the Treasurer in favor of James Calvin Tillman for the sum of five million dollars as full and final settlement of all claims of James Calvin Tillman against the state and any political subdivision of the state, and any officer, agent, employee or official thereof, including claims for loss of liberty and enjoyment of life, loss of income, loss of future earnings, physical injury, mental pain and suffering, psychological injury and loss of familial relationships, arising out of, or in any way related to, his arrest, prosecution, conviction and incarceration from 1988 to 2006 for the crimes of kidnapping and sexual assault, which crimes he did not commit and which convictions were vacated and the charges dismissed on July 11, 2006, provided James Calvin Tillman, for and in consideration of the payment of such sum, shall execute a release of liability on behalf of himself and his heirs, successors and assigns, in such form as may be prescribed by the Attorney General, releasing and forever discharging the state of Connecticut and any political subdivision of the state, and any officer, agent, employee or official thereof, from every claim, demand, action, cause of action or liability of whatever nature, whether known or unknown, at law or in equity, and whether under federal, state or common law, which James Calvin Tillman ever had, now has or could have in the future arising out of, or in any way related to, such arrest, prosecution, conviction and incarceration. Any payment received pursuant to this act shall be exempt from the tax imposed under chapter 229 of the general statutes and from any claim or lien of the state for repayment of the costs of incarceration under sections 18-85a, 18-85b and 18-85c of the general statutes.
Sec. 24. Subsection (c) of section 4-28f of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):
(c) The trust fund shall be administered by a board of trustees, except that the board shall suspend its operations from July 1, 2003, to June 30, 2005, inclusive. The board shall consist of seventeen trustees. The appointment of the initial trustees shall be as follows: (1) The Governor shall appoint four trustees, one of whom shall serve for a term of one year from July 1, 2000, two of whom shall serve for a term of two years from July 1, 2000, and one of whom shall serve for a term of three years from July 1, 2000; (2) the speaker of the House of Representatives and the president pro tempore of the Senate each shall appoint two trustees, one of whom shall serve for a term of two years from July 1, 2000, and one of whom shall serve for a term of three years from July 1, 2000; (3) the majority leader of the House of Representatives and the majority leader of the Senate each shall appoint two trustees, one of whom shall serve for a term of one year from July 1, 2000, and one of whom shall serve for a term of three years from July 1, 2000; (4) the minority leader of the House of Representatives and the minority leader of the Senate each shall appoint two trustees, one of whom shall serve for a term of one year from July 1, 2000, and one of whom shall serve for a term of two years from July 1, 2000; and (5) the Secretary of the Office of Policy and Management, or the secretary's designee, shall serve as an ex-officio voting member. Following the expiration of such initial terms, subsequent trustees shall serve for a term of three years. The period of suspension of the board's operations from July 1, 2003, to June 30, 2005, inclusive, shall not be included in the term of any trustee serving on July 1, 2003. The trustees shall serve without compensation except for reimbursement for necessary expenses incurred in performing their duties. The board of trustees shall establish rules of procedure for the conduct of its business which shall include, but not be limited to, criteria, processes and procedures to be used in selecting programs to receive money from the trust fund. The trust fund shall be within the Office of Policy and Management for administrative purposes only. The board of trustees shall meet not less than [bimonthly] biannually, except during the fiscal years ending June 30, 2004, and June 30, 2005, and, not later than January first of each year, except during the fiscal years ending June 30, 2004, and June 30, 2005, shall submit a report of its activities and accomplishments to the joint standing committees of the General Assembly having cognizance of matters relating to public health and appropriations and the budgets of state agencies, in accordance with section 11-4a. Such report shall be approved by each trustee.
Sec. 25. Section 54-142q of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):
(a) As used in this section, (1) "governing board" means the Criminal Justice Information System Governing Board established in this section, [and] (2) "offender-based tracking system" means [the information system described in subsection (b) of this section] an information system that enables, as determined by the governing board and subject to this chapter, criminal justice agencies, as defined in subsection (b) of section 54-142g, and the Division of Public Defender Services to share criminal history record information, as defined in subsection (a) of section 54-142g, and to access electronically maintained offender and case data involving felonies, misdemeanors, violations, motor vehicle violations, motor vehicle offenses for which a sentence to a term of imprisonment may be imposed, and infractions, and (3) "criminal justice information systems" means the offender-based tracking system and information systems among criminal justice agencies.
(b) There shall be a Criminal Justice Information System Governing Board which shall be within the Office of Policy and Management for administrative purposes only and shall oversee criminal justice information systems. [The governing board shall oversee an information system that enables, as determined by the governing board and subject to this chapter, criminal justice agencies, as defined in subsection (b) of section 54-142g, and the Division of Public Defender Services to share criminal history record information, as defined in subsection (a) of section 54-142g, and to access electronically maintained offender and case data involving felonies, misdemeanors, violations, motor vehicle violations, motor vehicle offenses for which a sentence to a term of imprisonment may be imposed, and infractions. ]
(c) The governing board shall be composed of the Chief Court Administrator, who shall serve as chairperson, the Commissioner of Public Safety, the Commissioner of Emergency Management and Homeland Security, the Secretary of the Office of Policy and Management, the Commissioner of Correction, the chairperson of the Board of Pardons and Paroles, the Chief State's Attorney, the Chief Public Defender, the Chief Information Officer of the Department of Information Technology, the Victim Advocate, the Commissioner of Motor Vehicles and the president of the Connecticut Police Chiefs Association. Each member of the governing board may appoint a designee who shall have the same powers as such member.
(d) The governing board shall meet at least once during each calendar quarter and at such other times as the chairperson deems necessary. A majority of the members shall constitute a quorum for the transaction of business.
(e) The governing board shall develop plans, maintain policies and provide direction for the efficient operation and integration of criminal justice information systems, whether such systems service a single agency or multiple agencies. The governing board shall establish standards and procedures for use by agencies to assure the interoperability of such systems, authorized access to such systems and the security of such systems.
[(e) The] (f) In addition to the requirements of subsection (e) of this section, the duties and responsibilities of the governing board shall be to: (1) Oversee the operations and administration of [the offender-based tracking system] criminal justice information systems; (2) establish such permanent and ad hoc committees as it deems necessary, with appointments to such committees not restricted to criminal justice agencies; (3) recommend any legislation necessary for implementation, operation and maintenance of [the offender-based tracking system] criminal justice information systems; (4) establish and implement policies and procedures to meet the system-wide objectives, including the provision of appropriate controls for data access and security; and (5) perform all necessary functions to facilitate the coordination and integration of [the offender-based tracking system] criminal justice information systems.
[(f)] (g) A member of the governing board, a member of a permanent or an ad hoc committee established by the governing board, and any person operating and administering the offender-based tracking system shall be deemed to be "state officers and employees" for the purposes of chapter 53 and section 5-141d.
[(g)] (h) Information that may be accessed by the Division of Public Defender Services pursuant to subsection (b) of this section shall be limited to: (1) Conviction information, as defined in subsection (c) of section 54-142g, (2) information that is otherwise available to the public, and (3) information, including no conviction information, concerning a client whom the division has been appointed by the court to represent and is representing at the time of the request for access to such information.
Sec. 26. (Effective July 1, 2007) Section 1 of public act 07-77 shall take effect July 1, 2007.
Sec. 27. (Effective from passage) (a) The Department of Environmental Protection, in consultation with the Department of Mental Health and Addiction Services, the Office of Policy and Management, the Department of Public Health, Connecticut Community Colleges, Middlesex Community College, Connecticut Valley Hospital and the city of Middletown, shall conduct a study concerning the permanent protection of the reservoirs, watershed, acquifers and other water supply lands, located on or abutting the grounds and buildings comprising the Connecticut Valley Hospital in Middletown.
(b) Such study shall include a review of all available maps, records, title information and land records, including records concerning conservation or other easements in order to determine the owner of record of the reservoirs, watershed, acquifers and other water supply lands, of the Connecticut Valley Hospital and of the abutting properties. If such review does not result in a conclusive determination of who is the owner or owners of record of such reservoirs, watershed, acquifers and other water supply lands, the Department of Environmental Protection may conduct or contract for title searches and A-2 surveys to clarify the ownership of such reservoirs, watershed, acquifers and other water supply lands.
(c) Not later than February 1, 2008, the Department of Environmental Protection shall submit a report concerning the findings of such study, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to the environment and public health.
Sec. 28. Subsection (c) of section 51-63 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):
(c) In addition to other compensation, official and assistant reporters and monitors shall be entitled to charge a party or other individual three dollars for each transcript page which is or previously was transcribed from the original record as provided by law, provided the charge to any such party or other individual shall be one dollar and seventy-five cents for each page for which a charge of three dollars already has been made, except that (1) the charge to any official of the state, or any of its agencies, boards or commissions or of any municipality of the state, acting in his or her official capacity, shall be [one dollar and fifty cents] two dollars for each transcript page which is or previously was transcribed from the official record, provided the charge to any such official shall be [fifty] seventy-five cents for each page for which a charge of [one dollar and fifty cents] two dollars already has been made, (2) there shall be no charge to the state's attorney, assistant state's attorney or deputy assistant state's attorney for a transcript provided pursuant to subsection (d) of section 51-61, and (3) there shall be no charge to the court for a transcript provided pursuant to subsection (f) of section 51-61. For the purposes of this subsection, "transcript page" means a page consisting of twenty-seven double-spaced lines on paper eight and one-half by eleven inches in size, with sixty spaces available per line. The Chief Court Administrator shall adopt policies and procedures necessary to implement the provisions of this section, including, but not limited to, the establishment and administration of a system of fees for production of expedited transcripts.
Sec. 29. (NEW) (Effective October 1, 2007) (a) The Office of Victim Services within the Judicial Department shall, within available appropriations, contract with nongovernmental organizations to develop a coordinated response system to assist victims of the offense of trafficking in persons.
(b) Such contracts shall be entered into for the following purposes, including, but not limited to:
(1) Developing a uniform curriculum to address rights and services for such victims;
(2) Developing information and materials on available resources and services for such victims;
(3) Actively seeking out quality training and other educational opportunities regarding the identification and assistance of such victims that take into consideration such victims' cultural context and needs; and
(4) Promoting and disseminating information on training and other educational opportunities concerning the assistance of such victims to emergency medical services, faith-based communities, sexual assault service providers, domestic violence service providers and state and local governmental agencies.
Sec. 30. Section 46b-149 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):
(a) Any selectman, town manager, police officer or welfare department of any town, city or borough, any probation officer [,] or superintendent of schools, the Commissioner of Children and Families, any child-caring institution or agency approved or licensed by the Commissioner of Children and Families, any youth service bureau, a parent or foster parent of a child, or a child or [his] the child's representative or attorney, who believes that the acts or omissions of a child are such that [his] the child's family is a family with service needs, may file a written complaint setting forth those facts with the [superior court] Superior Court which has venue over [that] the matter.
(b) The court shall refer a complaint filed under subsection (a) of this section to a probation officer, who shall promptly determine whether it appears that the alleged facts, if true, would be sufficient to meet the definition of a family with service needs, provided a complaint alleging that a child is a truant or habitual truant shall not be determined to be insufficient to meet the definition of a family with service needs solely because it was filed during the months of April, May or June. If such probation officer so determines, [he] the probation officer shall, after an initial assessment, promptly [either (1) refer the matter, with the consent of the child and his parents or guardian, to a suitable community-based or other service provider, or (2)] refer the child and the child's family to a suitable community-based program or other service provider, or to a family support center as provided in section 31 of this act, for voluntary services. If the child and the child's family are referred to a community-based program or other service provider and the person in charge of such program or provider determines that the child and the child's family can no longer benefit from its services, such person shall inform the probation officer, who shall, after an appropriate assessment, either refer the child and the child's family to a family support center for additional services or determine whether or not to file a petition with the court under subsection (c) of this section. If the child and the child's family are referred to a family support center and the person in charge of the family support center determines that the child and the child's family can no longer benefit from its services, such person shall inform the probation officer, who may file a petition with the court in the manner prescribed in subsection (c) of this section. [In either case, the] The probation officer shall inform the complainant in writing of [his] the probation officer's action under this subsection. If it appears that the allegations are not true, or that the child's family does not meet the definition of a family with service needs, the probation officer shall inform the complainant in writing of such finding. [In any case in which the probation officer does not file a petition, he shall also inform the complainant of the right of such person to file a petition pursuant to subsection (c) of this section. Any person who has filed a complaint pursuant to subsection (a) of this section, and who has been notified by a probation officer that such officer does not intend to file a petition for a family with service needs may, within thirty days after mailing of such notice, file a petition under subsection (c) of this section. ]
(c) A petition alleging that a family constitutes a family with service needs shall be verified and filed with the Superior Court which has venue over the matter. The petition shall set forth plainly: (1) The facts which bring the child within the jurisdiction of the court; [,] (2) the name, date of birth, sex and residence of the child; [,] (3) the name and residence of [his] the child's parent or parents, guardian or other person having control of [him,] the child; and (4) a prayer for appropriate action by the court in conformity with the provisions of this section.
(d) When a petition is filed under subsection (c) of this section, the court may issue a summons to the child and [his] the child's parents, guardian or other person having control of [him] the child to appear in court at a specified time and place. The summons shall be signed by a judge or by the clerk or assistant clerk of the court, and a copy of the petition shall be attached to it. Whenever it appears to the judge that orders addressed to an adult, as set forth in section 46b-121, are necessary for the welfare of such child, a similar summons shall be issued and served upon such adult if he or she is not already in court. Service of summons shall be made in accordance with section 46b-128. The court may punish for contempt, as provided in section 46b-121, any parent, guardian or other person so summoned who fails to appear in court at the time and place so specified. If a petition is filed under subsection (c) of this section alleging that a family is a family with service needs because a child is a truant or habitual truant, the court may not dismiss such petition solely because it was filed during the months of April, May or June.
(e) When a petition is filed under subsection (c) of this section alleging that a family constitutes a family with service needs because it includes a child who has been habitually truant, the court shall order that the local or regional board of education for the town in which the child resides, or the private school in the case of a child enrolled in a private school, shall cause an educational evaluation of such child to be performed if no such evaluation has been performed within the preceding year. Any costs incurred for the performance of such evaluation shall be borne by such local or regional board of education or such private school.
(f) If it appears from the allegations of a petition or other sworn affirmations that there is: (1) A strong probability that the child may do something that is injurious to himself prior to court disposition; (2) a strong probability that the child will run away prior to the hearing; or (3) a need to hold the child for another jurisdiction, a judge may vest temporary custody of such child in some suitable person or agency. No nondelinquent juvenile runaway from another state may be held in a state-operated detention home in accordance with the provisions of sections 46b-151 to 46b-151g, inclusive, Interstate Compact on Juveniles. A hearing on temporary custody shall be held not later than ten days after the date on which a judge signs an order of temporary custody. Following such hearing, the judge may order that the child's temporary custody continue to be vested in some suitable person or agency. Any expenses of temporary custody shall be paid in the same manner as provided in subsection (b) of section 46b-129.
(g) If a petition is filed under subsection (c) of this section and it appears that the interests of the child or the family may be best served, prior to adjudication, by a referral to community-based or other services, the judge may permit the matter to be continued for a reasonable period of time not to exceed six months, which time period may be extended by an additional three months for cause. If it appears at the conclusion of the continuance that the matter has been satisfactorily resolved, the judge may dismiss the petition.
(h) If the court finds, based on clear and convincing evidence, that the family of a child is a family with service needs, the court may, in addition to issuing any orders under section 46b-121: [, (1) refer] (1) Refer the child to the Department of Children and Families for any voluntary services provided by said department or, if the family is a family with service needs solely as a result of a finding that a child is a truant or habitual truant, to the authorities of the local or regional school district or private school for services provided by such school district or such school, which services may include summer school, or to community agencies providing child and family services; [(2) commit that child to the care and custody of the Commissioner of Children and Families for an indefinite period not to exceed eighteen months; (3)] (2) order the child to remain in [his] the child's own home or in the custody of a relative or any other suitable person (A) subject to the supervision of a probation officer, or (B) in the case of a family which is a family with service needs solely as a result of a finding that a child is a truant or habitual truant, subject to the supervision of a probation officer and the authorities of the local or regional school district or private school; [or (4)] (3) if the family is a family with service needs as a result of the child engaging in sexual intercourse with another person and such other person is thirteen years of age or older and not more than two years older or younger than such child, (A) refer the child to a youth service bureau or other appropriate service agency for participation in a program such as a teen pregnancy program or a sexually transmitted disease program, and (B) require such child to perform community service such as service in a hospital, an AIDS prevention program or an obstetrical and gynecological program; or (4) upon a finding that there is no less restrictive alternative, commit the child to the care and custody of the Commissioner of Children and Families for an indefinite period not to exceed eighteen months. The child shall be entitled to representation by counsel and an evidentiary hearing. If the court issues any order which regulates future conduct of the child, parent or guardian, the child, parent or guardian, shall receive adequate and fair warning of the consequences of violation of the order at the time it is issued, and such warning shall be provided to the child, parent or guardian, to his or her attorney and to his or her legal guardian in writing and shall be reflected in the court record and proceedings.
(i) (1) The Commissioner of Children and Families may petition the court for an extension of a commitment under this section on the grounds that an extension would be in the best interest of the child. The court shall give notice to the child and [his] the child's parent or guardian at least fourteen days prior to the hearing upon [that] such petition. The court may, after hearing and upon finding that such extension is in the best interest of the child and that there is no suitable less restrictive alternative, continue the commitment for an additional indefinite period of not more than eighteen months. (2) The Commissioner of Children and Families may at any time petition the court to discharge a child [,] committed under this section, and any child committed to the commissioner under this section, or the parent or guardian of such child, may at any time but not more often than once every six months petition the court which committed the child to revoke such commitment. The court shall notify the child, [his] the child's parent or guardian and the commissioner of any petition filed under this subsection, and of the time when a hearing on such petition will be held. Any order of the court made under this subsection shall be deemed a final order for purposes of appeal, except that no bond shall be required [nor] and no costs shall be taxed on such appeal.
Sec. 31. (NEW) (Effective October 1, 2007) (a) For the purposes of this section, "family support center" means a community-based service center for children and families against whom a complaint has been filed with the Superior Court under section 46b-149 of the general statutes, as amended by this act, that provides multiple services, or access to such services, for the purpose of preventing such children and families from having further involvement with the court as families with service needs.
(b) The Court Support Services Division shall contract with one or more private providers, or with one or more youth service bureaus, or both, to develop a network of family support centers. Each family support center shall provide, or ensure access to, appropriate services that shall include, but not be limited to, screening and assessment, crisis intervention, family mediation, educational evaluations and advocacy, mental health treatment and services, including gender specific trauma treatment and services, resiliency skills building, access to positive social activities, short-term respite care and access to services available to children in the juvenile justice system. The Court Support Services Division shall conduct an independent evaluation of each family support center to measure the quality of the services delivered and the outcomes for the children and families served by such center.
Sec. 32. (NEW) (Effective October 1, 2007) (a) When a child whose family has been adjudicated as a family with service needs in accordance with section 46b-149 of the general statutes, as amended by this act, violates any valid order which regulates future conduct of the child made by the court following such an adjudication, a probation officer, on receipt of a complaint setting forth facts alleging such a violation, or on the probation officer's own motion on the basis of his or her knowledge of such a violation, may file a petition with the court alleging that the child has violated a valid court order and setting forth the facts claimed to constitute such a violation. The child shall be entitled to representation by counsel and an evidentiary hearing on the allegations contained in the petition. Upon a finding by the court that the child has violated a valid court order, the court may (1) order the child to remain in such child's home or in the custody of a relative or any other suitable person, subject to the supervision of a probation officer, (2) upon a finding that there is no less restrictive alternative appropriate to the needs of the child and the community, enter an order that directs or authorizes a peace officer or other appropriate person to place the child in a staff-secure facility under the auspices of the Court Support Services Division for a period not to exceed forty-five days, with court review every fifteen days to consider whether continued placement is appropriate, at the end of which period the child shall be returned to the community and may be subject to the supervision of a probation officer, or (3) order that the child be committed to the care and custody of the Commissioner of Children and Families for a period not to exceed eighteen months and that the child cooperate in such care and custody.
(b) When a child whose family has been adjudicated as a family with service needs in accordance with section 46b-149 of the general statutes, as amended by this act, is believed to be at risk of immediate physical harm from the child's surroundings or other circumstances, a probation officer, on receipt of a complaint setting forth facts alleging such risk, or on the probation officer's own motion on the basis of his or her knowledge of such risk, may file a petition with the court alleging that the child is at risk of immediate physical harm and setting forth the facts claimed to constitute such risk. If it appears from the specific allegations of the petition and other verified affirmations of fact accompanying the petition, or subsequent thereto, that there is probable cause to believe that (1) the child is in imminent risk of physical harm from the child's surroundings, (2) as a result of such condition, the child's safety is endangered and immediate removal from such surroundings is necessary to ensure the child's safety, and (3) there is no less restrictive alternative available, the court shall enter an order directing the placement of the child in a staff-secure facility under the auspices of the Court Support Services Division for a period not to exceed forty-five days, with court review every fifteen days to consider whether continued placement is appropriate, at the end of which period the child shall either be (A) returned to the community for appropriate services, or (B) committed to the Department of Children and Families for a period not to exceed eighteen months. Any such child shall be entitled to the same procedural protections as are afforded to a delinquent child.
(c) No child shall be held prior to a hearing on a petition under this section for more than twenty-four hours, excluding Saturdays, Sundays and holidays. For the purposes of this section, "staff-secure facility" means a residential facility (1) that does not include construction features designed to physically restrict the movements and activities of juvenile residents who are placed therein, (2) that may establish reasonable rules restricting entrance to and egress from the facility, and (3) in which the movements and activities of individual juvenile residents may, for treatment purposes, be restricted or subject to control through the use of intensive staff supervision.
Sec. 33. (NEW) (Effective from passage) (a) There shall be a Blue Ribbon Commission on Housing and Economic Development which shall consist of twelve members as follows:
(1) The State Treasurer, the Commissioner of Economic and Community Development, the Secretary of the Office of Policy and Management and the chairperson of the Connecticut Housing Finance Authority, or their respective designees, who shall be voting members of the commission;
(2) Two appointed by the Governor, one of whom shall be designated as the chairperson of the commission;
(3) One appointed by the speaker of the House of Representatives;
(4) One appointed by the majority leader of the House of Representatives;
(5) One appointed by the minority leader of the House of Representatives;
(6) One appointed by the president pro tempore of the Senate;
(7) One appointed by the majority leader of the Senate; and
(8) One appointed by the minority leader of the Senate.
(b) Members appointed under subsection (a) of this section should include representatives of large municipalities, small municipalities, realtors, planners, nonprofit developers, for-profit developers, housing policy organizations and regional planning organizations.
(c) All appointments to the commission shall be made not later than thirty days after the effective date of this section. Any vacancy shall be filled by the appointing authority.
(d) The commission shall study housing affordability needs of the state, with particular emphasis on the impact of such needs on economic growth and development. Such study shall include, but not be limited to, an evaluation of the following:
(1) The short and long-term housing need required to support economic development and growth in the state;
(2) The barriers, including, but not limited to, zoning and an inadequate supply of zoned land for affordable housing creation, that hinder the free working of the housing market and solutions to remove those barriers;
(3) The geographic areas of the state with the greatest needs for additional housing supply;
(4) The amount of incentive housing zones necessary to create an adequate supply of home ownership and multi-family housing to accommodate the creation of at least twenty thousand new jobs annually in the state;
(5) The use of incentives to local governments to stimulate creation of incentive housing zones, including, but not limited to, compensating municipalities for any additional public education costs incurred as a result of new housing creation;
(6) A comprehensive review of the rental housing market and an assessment of the benefits and financing of a project-based rental assistance program to develop housing for households below fifty per cent of area median income; and
(7) The best use of existing housing programs and coordination of resources to both preserve housing that is affordable and stimulate the production of new affordable and modest, market-rate housing. Such review should include, but not be limited to, (A) establishment of uniform underwriting criteria for the financing of multifamily housing; (B) expansion of loan guarantees, (C) better utilization of state and quasi-public housing development and mortgage programs; (D) utilization of mortgage insurance and other forms of credit enhancements provided by the Connecticut Housing Finance Authority or others to significantly expand the amount of public and private financing; (E) enhancement of the affordable housing tax credit program under section 8-395 of the general statutes and historic tax credit programs under sections 10-416 and 10-416a of the general statutes to promote renovation of existing housing; and (F) coordination of financing to better utilize four per cent federal tax credits.
(e) Not later than February 1, 2008, the commission shall submit an interim report on its findings and recommendations to the Governor and the General Assembly in accordance with the provisions of section 11-4a of the general statutes. Not later than June 30, 2008, the commission shall submit a final report on its findings and recommendations. The task force shall terminate on the date that it submits its final report or January 1, 2009, whichever is earlier.
Sec. 34. Section 4a-67d of the general statutes, as amended by section 122 of public act 07-242, is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The fleet average for cars or light duty trucks purchased by the state shall: (1) On and after October 1, 2001, have a United States Environmental Protection Agency estimated highway gasoline mileage rating of at least thirty-five miles per gallon and on and after January 1, 2003, have a United States Environmental Protection Agency estimated highway gasoline mileage rating of at least forty miles per gallon, (2) comply with the requirements set forth in 10 CFR 490 concerning the percentage of alternative-fueled vehicles required in the state motor vehicle fleet, and (3) obtain the best achievable mileage per pound of carbon dioxide emitted in its class. The alternative-fueled vehicles purchased by the state to comply with said requirements shall be capable of operating on natural gas or electricity or any other system acceptable to the United States Department of Energy that operates on fuel that is available in the state.
(b) Notwithstanding any other provisions of this section, (1) on and after January 1, 2008: (A) At least fifty per cent of all cars and light duty trucks purchased or leased by the state shall be alternative-fueled, hybrid electric or plug-in electric vehicles, (B) all alternative-fueled vehicles purchased or leased by the state shall be certified to the California Air Resources Board's Low Emission Vehicle II Ultra Low Emission Vehicle Standard, (C) all gasoline-powered light duty and hybrid vehicles purchased or leased by the state shall, at a minimum, be certified to the California Air Resource Board's Low Emission Vehicle II Ultra Low Emission Vehicle Standard, and (2) on and after January 1, 2012, one hundred per cent of such cars and light duty trucks shall be alternative fueled, hybrid electric or plug-in electric vehicles. If the Commissioner of Administrative Services determines that the vehicles required by the provisions of this subsection are not available for purchase or lease, the Commissioner of Administrative Services shall include an explanation of such determination in the annual report described in subsection (f) of this section.
[(b)] (c) The provisions of [subsection (a)] subsections (a) and (b) of this section shall not apply to [cars or light duty trucks purchased for law enforcement or other special use purposes as designated by the Department of Administrative Services] any vehicle of the Department of Public Safety that the Commissioner of Public Safety designates as necessary for the Department of Public Safety to carry out its mission, provided the Commissioner of Administrative Services approves of such designation and, in consultation with the Commissioner of Public Safety, provides an explanation of why the provisions of subsections (a) and (b) of this section should not apply to such vehicles.
[(c)] (d) As used in this section, the terms "car" and "light duty truck" shall be as defined in the United States Department of Energy Publication DOE/CE -0019/8, or any successor publication.
(e) Not later than October 1, 2007, the Commissioner of Administrative Services shall file a report with the joint standing committees of the General Assembly having cognizance of matters relating to government administration, the environment and energy that includes: (1) Details on the composition of the state fleet, including, but not limited to, a listing of all vehicles owned, leased or used by the Departments of Transportation and Public Safety, the make, model and fuel type of vehicles that compose the state fleet and the amount of fuel, including alternative fuels, that each vehicle uses, and (2) a copy of the determination made by the Commissioner of Environmental Protection pursuant to subsection (a) of section 2 of this act. The Departments of Transportation and Public Safety shall submit all data requested of such departments by the Department of Administrative Services in connection with the preparation of such report.
(f) On or before January 1, 2008, and annually thereafter, the Commissioner of Administrative Services shall file a report with the joint standing committees of the General Assembly having cognizance of matters relating to government administration, the environment and energy that includes: (1) Details on the composition of the state fleet, including, but not limited to, a listing of all vehicles owned, leased or used by the Departments of Transportation and Public Safety, the make, model and fuel type of vehicles that compose the state fleet and the amount of fuel, including alternative fuels, that each vehicle uses, (2) any changes to the determination made by the Commissioner of Environmental Protection pursuant to subsection (a) of section 35 of this act or any update concerning the waiver application submitted pursuant to subsection (a) of section 35 of this act, as applicable, (3) a listing of any vehicle exempted pursuant to subsection (c) of this section along with the commissioner of Administrative Services' explanation for such exemption, (4) any changes or amendments to the plan required by subsection (b) of section 35 of this act, and (5) any changes or amendments to the plan required by subsection (c) of section 35 of this act. The Departments of Transportation and Public Safety shall submit all data requested of such departments by the Department of Administrative Services in connection with the preparation of such report.
(g) The Commissioner of Administrative Services may enter into any agreement necessary to carry out the provisions of subsections (e) and (f) of this act.
(h) For purposes of this section, "hybrid" means a passenger car that draws acceleration energy from two on board sources of stored energy that consists of either an internal combustion or heat engine which uses combustible fuel and a rechargeable energy storage system, and, for any passenger car or light duty truck with a model year of 2004 or newer, that is certified to meet or exceed the California LEV (Low Emission Vehicle) II LEV Standard.
(i) In performing the requirements of this section, the Commissioners of Administrative Services and Environmental Protection shall, whenever possible, consider the use of and impact on Connecticut-based companies.
Sec. 35. (Effective from passage) (a) Not later than August 1, 2007, the Commissioner of Environmental Protection, in consultation with the Commissioner of Administrative Services, shall, in good faith, make a determination as to whether the state qualifies for a waiver from the alternative fuel vehicle acquisition requirements of the federal Energy Policy Act of 2005, and whether it is in the best interest of the state to apply for such waiver. If the Commissioner of Environmental Protection, in good faith, determines that the state qualifies for such a waiver, and that it is in the best interest of the state to apply, the Commissioner of Administrative Services shall immediately apply for such waiver.
(b) Not later than September 1, 2007, the Commissioner of Environmental Protection, in consultation with the Commissioner of Administrative Services, shall develop a plan to increase the utilization of existing ethanol fueling stations, existing natural gas fueling stations and any other existing alternative fuel fueling stations in the state. Such plan shall be updated periodically.
(c) Not later than September 1, 2007, the Commissioner of Environmental Protection, in consultation with the Commissioner of Administrative Services, shall develop a plan to utilize any alternative fuel vehicle credits the state may have under the Energy Policy Act of 2005, including, but not limited to, credits earned by the Departments of Transportation and Public Safety, for the purchase of hybrid electric vehicles by the state.
Sec. 36. (NEW) (Effective July 1, 2007) For the fiscal year ending June 30, 2008, and each fiscal year thereafter, any revenue derived by the Department of Information Technology from the contract for the provision of pay telephone service to inmates of correctional facilities that is remaining after any required transfer to the Department of Correction pursuant to section 18-81x of the general statutes, or that is remaining after any of such revenue is made available to the Department of Information Technology to administer the criminal justice information system, shall be transferred to the Judicial Department for staffing and services necessary for the state-wide expansion of the Probation Transition Program and the technical violation units.
Sec. 37. Subsection (b) of section 42 of public act 06-188 is repealed and the following is substituted in lieu thereof (Effective from passage):
(b) The Families With Service Needs Advisory Board shall (1) monitor the progress being made by the Department of Children and Families in developing services and programming for girls from families with service needs and other girls, (2) monitor the progress being made by the Judicial Department in the implementation of the requirements of public act 05-250, (3) provide advice with respect to such implementation upon the request of the Judicial Department or the General Assembly, and (4) not later than December 31, 2007, make written recommendations to the Judicial Department and the General Assembly, in accordance with the provisions of section 11-4a of the general statutes, with respect to the accomplishment of such implementation by the effective date of public act 05-250. The board shall terminate on [December 31, 2007] July 1, 2008.
Sec. 38. (NEW) (Effective July 1, 2007) As used in this section and sections 39 to 49, inclusive, of this act:
(1) "Approved incentive housing zone'' means an overlay zone that has been adopted by a zoning commission and for which a letter of final eligibility has been issued by the secretary under section 42 of this act.
(2) "Building permit payment'' means the one-time payment, made pursuant to section 44 of this act, for each qualified housing unit located within an incentive housing development for which a building permit has been issued by the municipality.
(3) "Developable land" means the area within the boundaries of an approved incentive housing zone that feasibly can be developed into residential or mixed uses consistent with the provisions of sections 38 to 49, inclusive, of this act, not including: (A) Land already committed to a public use or purpose, whether publicly or privately owned; (B) existing parks, recreation areas and open space that is dedicated to the public or subject to a recorded conservation easement; (C) land otherwise subject to an enforceable restriction on or prohibition of development; (D) wetlands or watercourses as defined in chapter 440 of the general statutes; and (E) areas exceeding one-half or more acres of contiguous land that are unsuitable for development due to topographic features, such as steep slopes.
(4) "Duplex" means a residential building containing two units.
(5) "Eligible location'' means: (A) An area near a transit station, including rapid transit, commuter rail, bus terminal, or ferry terminal; (B) an area of concentrated development such as a commercial center, existing residential or commercial district, or village district established pursuant to section 8-2j of the general statutes; or (C) an area that, because of existing, planned or proposed infrastructure, transportation access or underutilized facilities or location, is suitable for development as an incentive housing zone.
(6) "Historic district'' means an historic district established pursuant to chapter 97a of the general statutes.
(7) "Incentive housing development" means a residential or mixed-use development (A) that is proposed or located within an approved incentive housing zone; (B) that is eligible for financial incentive payments set forth in sections 38 to 49, inclusive, of this act; and (C) in which not less than twenty per cent of the dwelling units will be conveyed subject to an incentive housing restriction requiring that, for at least thirty years after the initial occupancy of the development, such dwelling units shall be sold or rented at, or below, prices which will preserve the units as housing for which persons pay thirty per cent or less of their annual income, where such income is less than or equal to eighty per cent or less of the median income.
(8) "Incentive housing restriction" means a deed restriction, covenant, zoning regulation, site plan approval condition, subdivision approval condition, or affordability plan constituting an obligation with respect to the restrictions on household income, sale or resale price, rent and housing costs required by sections 38 to 49, inclusive, of this act, enforceable for thirty years as required by said sections, and recorded on the land records of the municipality where the housing is located.
(9) "Incentive housing zone'' means a zone adopted by a zoning commission pursuant to sections 38 to 49, inclusive, of this act, as an overlay to one or more existing zones, in an eligible location.
(10) "Incentive housing zone certificate of compliance'' means a written certificate issued by the secretary in accordance with sections 38 to 49, inclusive, of this act.
(11) "Letter of eligibility'' means a preliminary or final letter issued to a municipality by the secretary pursuant to section 42 of this act.
(12) "Median income" means, after adjustments for household size, the area median income as determined by the United States Department of Housing and Urban Development for the municipality in which an approved incentive housing zone or development is located.
(13) "Mixed-use development'' means a development containing one or more multifamily or single-family dwelling units and one or more commercial, public, institutional, retail, office or industrial uses.
(14) "Multifamily housing'' means a building that contains or will contain three or more residential dwelling units.
(15) "Open space'' means land or a permanent interest in land that is used for or satisfies one or more of the criteria listed in subsection (b) of section 7-131d of the general statutes.
(16) "Secretary" means the Secretary of the Office of Policy and Management or the designee of the secretary.
(17) "Townhouse housing" means a residential building consisting of a single-family dwelling unit constructed in a group of three or more attached units, in which each unit extends from foundation to roof and has open space on at least two sides.
(18) "Zone adoption payment" means a one-time payment, made pursuant to section 44 of this act.
(19) "Zoning commission" means a municipal agency designated or authorized to exercise zoning powers under chapter 124 of the general statutes or a special act, and includes an agency that exercises both planning and zoning authority.
Sec. 39. (NEW) (Effective July 1, 2007) (a) Notwithstanding the provisions of a charter or special act, a zoning commission may adopt, as part of the zoning regulations adopted under section 8-2 of the general statutes or any special act, regulations establishing an incentive housing zone in accordance with the provisions of sections 38 to 49, inclusive, of this act.
(b) An incentive housing zone shall satisfy the following requirements:
(1) The zone shall be consistent with the state plan of conservation and development and be located in an eligible location.
(2) The regulations of the zone shall permit, as of right, incentive housing development.
(3) The minimum allowable density for incentive housing development, per acre of developable land, shall be: (A) Six units per acre for single-family detached housing; (B) ten units per acre for duplex or townhouse housing; and (C) twenty units per acre for multifamily housing, provided that a municipality whose population as determined by the most recent federal decennial census is less than five thousand, when applying to the secretary for a letter of eligibility under section 42 of this act, may request approval of minimum as of right densities of not less than four units per acre for single-family detached housing, not less than six units per acre for duplex or townhouse housing, and not less than ten units per acre for multifamily housing. In making such request, the municipality shall provide the Secretary of the Office of Policy and Management with evidence of sewage disposal, water supply, traffic safety or other existing, substantial infrastructure limitations that prevent adoption of the minimum densities set forth in this subdivision. If the proposed incentive housing zone otherwise satisfies the requirements of this section, the secretary may issue the requested letter of eligibility. A municipality may request a waiver of the density requirements of this subdivision and the secretary may grant a waiver if the municipality demonstrates in the application that the land to be zoned for incentive housing development is owned or controlled by the municipality itself, an agency thereof, or a land trust, housing trust fund or a nonprofit housing agency or corporation. The proposed incentive housing zone regulation shall require, in an enforceable manner, that one hundred per cent of the proposed residential units will be subject to an incentive housing restriction, and the proposed incentive housing zone will otherwise satisfy the requirements of this section.
(4) In order to qualify for financial incentive payments set forth in section 44 of this act, the regulations of an incentive housing zone concerning the minimum as of right densities set forth in subdivision (3) of this subsection shall constitute an increase of at least twenty-five per cent above the density allowed by the underlying zone, notwithstanding the provisions of said section 44 with regard to zone adoption and building permit payments.
(5) The minimum densities prescribed in subdivision (3) of this subsection shall be subject only to site plan or subdivision procedures, submission requirements and approval standards of the municipality, and shall not be subject to special permit or special exception procedures, requirements or standards.
(6) An incentive housing zone may consist of one or more subzones, provided each subzone and the zone as a whole comply with the requirements of sections 38 to 49, inclusive, of this act.
(7) The land area of an incentive housing zone shall not exceed ten per cent of the total land area in the municipality. The aggregate land area of all incentive housing zones and subzones in a municipality shall not exceed twenty-five per cent of the total land area in the municipality.
(c) A zoning commission may modify, waive or delete dimensional standards contained in the zone or zones that underlie an incentive housing zone in order to support the minimum or desired densities, mix of uses or physical compatibility in the incentive housing zone. Standards subject to modification, waiver or deletion include, but shall not be limited to, building height, setbacks, lot coverage, parking ratios and road design standards.
(d) If a zoning commission adopts a regulation for an incentive housing zone that permits single-family detached homes on subdivided lots, requiring subdivision approval under the subdivision regulations of the municipality, the zoning commission shall make a written finding that the applicability of such subdivision regulations will not unreasonably impair the economic or physical feasibility of constructing housing at the minimum densities and subject to an incentive housing restriction as required in sections 38 to 49, inclusive, of this act. If housing on subdivided lots is proposed in an incentive housing zone, the zoning commission shall use its best efforts to adopt or encourage the planning commission to adopt subdivision standards that will ensure consistency of the single-family detached housing with the purposes of sections 38 to 49, inclusive, of this act.
(e) The regulations of an incentive housing zone may allow for a mix of business, commercial or other nonresidential uses within a single zone or for the separation of such uses into one or more subzones, provided that the zone as a whole shall comply with the requirements of sections 38 to 49, inclusive, of this act, and that such uses shall be consistent with as-of-right residential uses and densities required under this section.
(f) An incentive housing zone may overlay all or any part of an existing historic district or districts, and a municipality may establish an historic district within an approved incentive housing zone, provided, if the requirements or regulations of such historic district render the approved housing incentive zone not in compliance with the provisions of sections 38 to 49, inclusive, of this act, the secretary shall deny a preliminary or final letter of eligibility, deny or revoke a certificate of compliance, or deny any financial incentive payments set forth in section 44 of this act.
(g) An applicant for site plan or subdivision approval to construct an incentive housing development within an approved zone may, through an incentive housing restriction, exceed the minimum requirements for such a development as follows: (1) More than twenty per cent of the total proposed dwelling units may be subject to the restriction; (2) the maximum annual income of qualifying households may be less than eighty per cent of the area median income; or (3) the duration of the restriction may be longer than thirty years. An application for approval of an incentive housing development may not be denied on the basis that the proposed incentive housing restriction contains one or more of the provisions set forth in this subsection.
(h) The provisions of this section shall not be construed to affect the power of a zoning commission to adopt or amend regulations under chapter 124 of the general statutes or any special act.
Sec. 40. (NEW) (Effective July 1, 2007) (a) A zoning commission, at the time of and as part of its adoption of regulations for an incentive housing zone, may adopt design standards for incentive housing developments within such zone. Such design standards (1) may ensure that construction within the incentive housing zone is complementary to adjacent and neighboring buildings and structures, and consistent with the housing plan provided for in section 41 of this act, and (2) may address the scale and proportions of buildings; site coverage; alignment, width and grade of streets and sidewalks; type and location of infrastructure; location of building and garage entrances; off-street parking; protection of significant natural site features; location and design of open spaces; signage; and setbacks and buffering from adjacent properties.
(b) A design standard shall not be adopted if such standard will unreasonably impair the economic or physical feasibility of constructing housing at the minimum densities and with the required incentive housing restriction set forth in sections 38 to 49, inclusive, of this act. The Secretary of the Office of Policy and Management shall not approve a request for a letter of preliminary or final eligibility under section 42 of this act if a proposed design standard will violate the provisions of this subsection.
Sec. 41. (NEW) (Effective July 1, 2007) On or before June 30, 2017, a municipality may file with the Secretary of the Office of Policy and Management an application for preliminary determination of eligibility for a zone adoption payment pursuant to subsection (a) of section 44 of this act. Such application shall:
(1) Identify and describe the boundaries of the proposed incentive housing zone or zones;
(2) Identify, describe and calculate the developable land within the proposed incentive housing zone or zones;
(3) Identify and describe existing and potential residential development and the potential for reuse of existing or underutilized buildings within the zone or zones;
(4) Calculate the number of residential units that may be constructed in the zone or zones if the proposed regulations are approved based on developable land and the minimum as-of-right densities set forth in subdivision (3) of subsection (b) of section 39 of this act;
(5) Include a housing plan that describes the anticipated build-out of the zone or zones, including information on available and proposed infrastructure, compatibility of proposed incentive housing development with existing and proposed buildings and uses, and efforts that the municipality is making or intends to make to support and promote the residential construction permitted by the proposed regulations;
(6) Include the text of the proposed incentive housing zone regulations and design standards and, if applicable, the text of the subdivision regulations; and
(7) Include the text of the proposed incentive housing restriction and a plan for administering and enforcing its requirements and limitations.
Sec. 42. (NEW) (Effective July 1, 2007) (a) Upon application by a municipality under section 41 of this act, the Secretary of the Office of Policy and Management shall, not later than sixty days after receipt, issue, in writing, a preliminary determination of the eligibility of the municipality for the financial incentive payments set forth in section 44 of this act. At least thirty days before making such preliminary determination, the secretary shall electronically give notice of the application to all persons who have provided the secretary with a current electronic mail address and a written request to receive such notices. If the secretary determines that the application is incomplete or the proposed incentive housing zone is not eligible or does not comply with the provisions of sections 38 to 49, inclusive, of this act, the secretary shall, within the sixty-day response period, notify the municipality, in writing, of the reasons for such determination. A municipality may thereafter reapply for approval after addressing the reasons for ineligibility. The secretary's failure to issue a written response within sixty days of receipt shall be deemed to be disapproval, after which the municipality may reapply.
(b) After a municipality has received from the secretary a preliminary letter of eligibility, the zoning commission of the municipality may adopt the incentive housing zone regulations and design standards as proposed to the secretary for preliminary approval. Not later than thirty days after receipt from the municipality of a written statement that its zoning commission has adopted the proposed regulations and standards, the secretary shall issue a letter of final approval of the incentive housing zone. The secretary's failure to issue a letter of final approval not more than thirty days after receipt of the written statement shall be deemed disapproval of the zone after which the municipality may reapply for determination of eligibility under this section.
(c) The secretary shall not approve any proposed incentive housing zone for which the proposed regulations or design standards have the intent or effect of discriminating against, making unavailable, denying or impairing the physical or financial feasibility of housing which is receiving or will receive financial assistance under any governmental program for the construction or substantial rehabilitation of low or moderate income housing, or any housing occupied by persons receiving rental assistance under chapter 319uu of the general statutes or Section 1437f of Title 42 of the United States Code.
(d) Any amendment to the regulations or design standards approved by the secretary for preliminary or final eligibility shall be submitted to the secretary for approval as set forth in this section. The secretary shall approve or disapprove such amendment not more than sixty days after receipt of the amendment. I