Substitute House Bill No. 6854
Substitute House Bill No. 6854
PUBLIC ACT NO. 97-227
AN ACT CONCERNING ACQUISITION OF OPEN SPACE LAND,
MULTIPLE USE RIVERS COMMISSIONS AND THE RIVERFRONT
RECAPTURE PROJECT.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 23-8 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The Commissioner of Environmental
Protection shall have power, acting by himself or
with local authorities, to acquire, maintain and
make available to the public open spaces for
recreation. Said commissioner may take, in the
name of the state and for the benefit of the
public, by purchase, gift or devise, lands and
rights in land and personal estate for public open
spaces, or take bonds for the conveyance thereof,
or may lease the same for a period not exceeding
five years, with an option to buy, and may
preserve and care for such public reservations,
and, in his discretion and upon such terms as he
may approve, such other open spaces within this
state as may be entrusted, given or devised to the
state by the United States or by cities, towns,
corporations or individuals for the purposes of
public recreation, or for the preservation of
natural beauty or historical association, provided
said commissioner shall not take or contract to
take by purchase or lease any land or other
property for an amount or amounts beyond such sum
or sums as have been appropriated or contributed
therefor. No provision of this section shall be
construed to set aside any terms or conditions
under which gifts or bequests of land have been
accepted by the commissioner.
(b) IT SHALL BE THE GOAL OF THE STATE TO HAVE
NOT LESS THAN TEN PER CENT OF THE STATE'S LAND
AREA HELD BY THE STATE AS OPEN SPACE LAND. THE
COMMISSIONER, IN CONSULTATION WITH THE COUNCIL ON
ENVIRONMENTAL QUALITY ESTABLISHED UNDER SECTION
22a-11 AND PRIVATE NONPROFIT LAND-HOLDING
ORGANIZATIONS, SHALL PREPARE, AND UPDATE AS
NECESSARY, A COMPREHENSIVE STRATEGY FOR ACHIEVING
THE STATE GOAL AND SHALL SET AN APPROPRIATE
ADDITIONAL GOAL FOR INCREASING THE AMOUNT OF LAND
HELD AS OPEN SPACE BY MUNICIPALITIES OR BY PRIVATE
NONPROFIT LAND-HOLDING ORGANIZATIONS AND SHALL
INCLUDE IN SUCH STRATEGY PROVISIONS FOR ACHIEVING
SUCH GOAL. SUCH STRATEGY SHALL INCLUDE, BUT NOT BE
LIMITED TO, RECOMMENDATIONS REGARDING: (1)
TIMETABLES FOR ACQUISITION OF LAND BY THE STATE,
(2) MANAGEMENT OF SUCH LAND, (3) RESOURCES TO BE
USED FOR ACQUISITION AND MANAGEMENT OF SUCH LAND,
AND (4) ACQUISITION AND MAINTENANCE OF OPEN SPACE
LAND BY MUNICIPALITIES AND BY PRIVATE ENTITIES. ON
OR BEFORE JANUARY 1, 1998, AND ANNUALLY
THEREAFTER, THE COMMISSIONER SHALL SUBMIT A REPORT
TO THE JOINT STANDING COMMITTEE OF THE GENERAL
ASSEMBLY HAVING COGNIZANCE OF MATTERS RELATING TO
THE ENVIRONMENT REGARDING THE STRATEGY AND THE
PROGRESS BEING MADE TOWARDS THE GOALS.
Sec. 2. Subsection (a) of section 25-232 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) Any two or more municipalities may, by
ordinance, (1) establish a river commission to
plan for coordinated management of the
development, protection and preservation of a
river corridor flowing through or forming a common
boundary of such municipalities and to perform
such other functions as are specified in sections
25-230 to 25-237, inclusive, or (2) designate a
river advisory board to act as such a river
commission, provided the requirements of section
25-233 ARE MET.
Sec. 3. Section 25-233 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) An ordinance authorizing the establishment
of a river commission pursuant to section 25-232
shall provide for the membership of the
commission, the method of selecting members, their
terms of office and the filling of vacancies. Such
ordinance shall provide for not more than [eleven]
TWELVE members from any one municipality and shall
include: [two representatives of each member
municipality appointed by the] THE chief elected
official of each such municipality, [and] OR HIS
DESIGNEE, THE CHAIRMAN OF THE INLAND WETLANDS
AGENCY OF EACH SUCH MUNICIPALITY, OR HIS DESIGNEE,
AND A MEMBER OF ANOTHER LAND USE REGULATION AGENCY
OF EACH SUCH MUNICIPALITY APPOINTED BY THE CHIEF
ELECTED OFFICIAL FOR SUCH MUNICIPALITY; one
representative each of [any] A public utility or
rail service company which owns property within
the municipality or serves the municipality; [, a
representative of any regional planning
organization, as defined in section 8-37a,] one
member representing a conservation organization or
interest; [,] ONE MEMBER REPRESENTING a recreation
organization or interest; [, and] ONE MEMBER
REPRESENTING a private or municipal economic
development foundation, agency or interest; [, and
one representative of each of the following
interests: (1) Agriculture, (2) business or
industry and (3) real estate] ONE MEMBER
REPRESENTING AGRICULTURE INTERESTS; ONE MEMBER
REPRESENTING BUSINESS OR INDUSTRY INTERESTS; ONE
MEMBER REPRESENTING REAL ESTATE INTERESTS AND ONE
MEMBER WHO IS A RIVERFRONT PROPERTY OWNER OR A
REPRESENTATIVE OF A RIVERFRONT PROPERTY OWNERS'
ASSOCIATION. IN ADDITION, THE COMMISSION SHALL
APPOINT AS VOTING MEMBERS AT LARGE ONE
REPRESENTATIVE OF EACH REGIONAL PLANNING AGENCY
ASSOCIATED WITH THE COMMISSION'S GEOGRAPHIC AREA.
THE COMMISSION MAY APPOINT SUBCOMMITTEES AS IT
DEEMS APPROPRIATE AND MAY ELECT AN EXECUTIVE
COMMITTEE TO CARRY OUT ITS BUSINESS PROVIDED SUCH
EXECUTIVE COMMITTEE SHALL INCLUDE AT LEAST ONE
REPRESENTATIVE OF A CONSERVATION ORGANIZATION AND
ONE REPRESENTATIVE OF A REGIONAL PLANNING AGENCY.
(b) Prior to transacting any official
business, a river commission shall establish
written procedures AND BY-LAWS for conducting
business. Such procedures AND BY-LAWS shall be
open to public inspection.
Sec. 4. The Metropolitan District Commission
of Hartford county, established under number 511
of the special acts of 1929, may enter into an
agreement with Riverfront Recapture, Incorporated,
or its successors or assigns, sponsoring
organization or developer, to develop, operate and
maintain real property for recreational and park
purposes and to lay out, construct and maintain,
own, operate, lease or license parks, esplanades,
levees, docks, parking facilities and walkways
connected to the Riverfront Recapture project and
may establish rates for such purposes.
Sec. 5. This act shall take effect from its
passage, except that section 1 shall take effect
July 1, 1997.
Approved June 27, 1997