Substitute House Bill No. 5034
Substitute House Bill No. 5034
PUBLIC ACT NO. 98-157
AN ACT CONCERNING OPEN SPACE AND WATERSHED LAND
ACQUISITION.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 23-78 of the general
statutes is repealed and the following is
substituted in lieu thereof:
Any moneys authorized for the program may be
expended with matching funds from: (1) Private
contributions of cash or securities, in an amount
not less than [twenty] FIFTEEN per cent; (2)
moneys from a federal matching program, subject to
the limitations of applicable federal and state
laws, in an amount authorized by said federal
program; (3) contributions of real property, or
interest therein, that serves recreational and
natural heritage land acquisition needs of the
department as determined by the commissioner; (4)
municipal contributions of cash or securities, in
an amount not less than [twenty] FIFTEEN per cent,
PROVIDED CONTRIBUTIONS FROM MUNICIPALITIES,
NONPROFIT ENTITIES AND WATER COMPANIES SHALL BE
DERIVED FROM A SOURCE OTHER THAN STATE GRANT
MONEYS OBTAINED FROM THE OPEN SPACE AND WATERSHED
LAND ACQUISITION GRANT PROGRAM; or (5) any
combination thereof. Contributions of land or
interest in land shall be valued, for purposes of
this section, in the amount of their appraised
value.
Sec. 2. Subsection (a) of section 12-498 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) The tax imposed by section 12-494 shall
not apply to: (1) Deeds which this state is
prohibited from taxing under the constitution or
laws of the United States; (2) deeds which secure
a debt or other obligation; (3) deeds to which
this state or any of its political subdivisions or
its or their respective agencies is a party; (4)
tax deeds; (5) deeds of release of property which
is security for a debt or other obligation; (6)
deeds of partition; (7) deeds made pursuant to
mergers of corporations; (8) deeds made by a
subsidiary corporation to its parent corporation
for no consideration other than the cancellation
or surrender of the subsidiary's stock; (9)
conveyance of an interest in real property
pursuant to a decree of the Superior Court under
section 46b-81, 49-24 or 52-495; (10) certificates
of devise or distribution; (11) transfers for no
consideration between parents and children; (12)
an assignment, with no consideration, of any
interests, present or future, vested or
contingent, in real property which endure for a
period of time and the termination of which is not
fixed or ascertained by a specific number of
years; (13) an assignment, with no consideration,
of the unexpired portion of a term or estate for
life or of a term or estate for years; (14)
transfers made by a corporation affiliated with
the corporation to which such transfer is made,
provided both of such corporations are exempt from
taxation pursuant to paragraph (2), (3) or (25) of
Section 501(c) of the Internal Revenue Code of
1986, or any subsequent corresponding internal
revenue code of the United States, as from time to
time amended, and provided further such
corporations are affiliated in such manner that
(A) either corporation in such transaction owns or
controls either directly or indirectly not less
than one hundred per cent of the capital stock of
the other corporation or (B) either corporation in
such transaction is owned or controlled either
directly or indirectly by interests which own or
control either directly or indirectly not less
than one hundred per cent of the capital stock of
the other corporation; (15) transfers made by a
corporation which is exempt from taxation pursuant
to paragraph (3) of Section 501(c) of the Internal
Revenue Code of 1986, or any subsequent
corresponding internal revenue code of the United
States, as from time to time amended, to any
corporation which is exempt from taxation pursuant
to said paragraph (3) of said Section 501(c); (16)
transfers made on or after July 1, 1992, to any
nonprofit organization which is organized for the
purpose of holding undeveloped land in trust for
conservation or recreation purposes; (17)
transfers between spouses; [and] (18) transfers of
property for the stadium facility site, as defined
in section 32-381 or the practice facility site,
as defined in section 32-381; AND (19) LAND
TRANSFERS MADE ON OR AFTER JULY 1, 1998, TO A
WATER COMPANY, AS DEFINED IN SECTION 16-1,
PROVIDED THE LAND IS CLASSIFIED AS CLASS I OR
CLASS II LAND, AS DEFINED IN SECTION 25-37c, AFTER
SUCH TRANSFER.
Sec. 3. Section 7-131d of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) THERE IS ESTABLISHED THE PROTECTED OPEN
SPACE AND WATERSHED LAND ACQUISITION GRANT
PROGRAM. THE PROGRAM SHALL PROVIDE GRANTS TO
MUNICIPALITIES AND NONPROFIT LAND CONSERVATION
ORGANIZATIONS TO ACQUIRE LAND OR PERMANENT
INTERESTS IN LAND FOR OPEN SPACE AND WATERSHED
PROTECTION AND TO WATER COMPANIES, AS DEFINED IN
SECTION 25-32a, TO ACQUIRE AND PROTECT LAND WHICH
IS ELIGIBLE TO BE CLASSIFIED AS CLASS I OR CLASS
II LAND, AS DEFINED IN SECTION 25-37c, AFTER
ACQUISITION. ALL LANDS OR INTERESTS IN LAND
ACQUIRED UNDER THIS PROGRAM SHALL BE PRESERVED IN
PERPETUITY PREDOMINANTLY IN THEIR NATURAL SCENIC
AND OPEN CONDITION FOR THE PROTECTION OF NATURAL
RESOURCES WHILE ALLOWING FOR RECREATION CONSISTENT
WITH SUCH PROTECTION AND, FOR LANDS ACQUIRED BY
WATER COMPANIES, ALLOWING FOR THE IMPROVEMENTS
NECESSARY FOR THE PROTECTION OR PROVISION OF
POTABLE WATER.
(b) GRANTS MAY BE MADE UNDER THE PROGRAM TO
MATCH FUNDS FOR THE PURCHASE OF LAND OR PERMANENT
INTERESTS IN LAND WHICH PURCHASE MEETS ONE OF THE
FOLLOWING CRITERIA: (1) PROTECTS LAND IDENTIFIED
AS BEING ESPECIALLY VALUABLE FOR RECREATION,
FORESTRY, FISHING, CONSERVATION OF WILDLIFE OR
NATURAL RESOURCES; (2) PROTECTS LAND WHICH
INCLUDES OR CONTRIBUTES TO A PRIME NATURAL FEATURE
OF THE STATE'S LANDSCAPE, INCLUDING, BUT NOT
LIMITED TO, A SHORELINE, A RIVER, ITS TRIBUTARIES
AND WATERSHED, AN AQUIFER, MOUNTAINOUS TERRITORY,
RIDGELINES, AN INLAND OR COASTAL WETLAND, A
SIGNIFICANT LITTORAL OR ESTUARINE OR AQUATIC SITE
OR OTHER IMPORTANT GEOLOGICAL FEATURE; (3)
PROTECTS HABITAT FOR NATIVE PLANT OR ANIMAL
SPECIES LISTED AS THREATENED OR ENDANGERED OR OF
SPECIAL CONCERN, AS DEFINED IN SECTION 26-304; (4)
PROTECTS A RELATIVELY UNDISTURBED OUTSTANDING
EXAMPLE OF A NATIVE ECOLOGICAL COMMUNITY WHICH IS
NOW UNCOMMON; (5) ENHANCES AND CONSERVES WATER
QUALITY OF THE STATE'S LAKES, RIVERS AND COASTAL
WATER; (6) PRESERVES LOCAL AGRICULTURAL HERITAGE;
OR (7) IN THE CASE OF GRANTS TO WATER COMPANIES,
PROTECTS LAND WHICH IS ELIGIBLE TO BE CLASSIFIED
AS CLASS I LAND OR CLASS II LAND AFTER
ACQUISITION. THE COMMISSIONER MAY MAKE A GRANT
UNDER THE PROGRAM TO A DISTRESSED MUNICIPALITY OR
A TARGETED INVESTMENT COMMUNITY, AS DEFINED IN
SECTION 32-9p, FOR RESTORATION OR PROTECTION OF
NATURAL FEATURES OR HABITATS ON OPEN SPACE ALREADY
OWNED BY THE MUNICIPALITY, INCLUDING, BUT NOT
LIMITED TO, WETLAND OR WILDLIFE OR PLANT HABITAT
RESTORATION OR RESTORATION OF OTHER SITES TO A
MORE NATURAL CONDITION, OR REPLACEMENT OF
VEGETATION, PROVIDED THE TOTAL AMOUNT OF GRANTS TO
SUCH MUNICIPALITIES FOR SUCH PURPOSES MAY NOT
EXCEED TWENTY PER CENT OF THE TOTAL AMOUNT OF
GRANTS MADE IN ANY FISCAL YEAR.
(c) NO GRANT MAY BE MADE UNDER THE PROGRAM
FOR: (1) LAND TO BE USED FOR COMMERCIAL PURPOSES
OR FOR RECREATIONAL PURPOSES REQUIRING INTENSIVE
DEVELOPMENT, INCLUDING, BUT NOT LIMITED TO, GOLF
COURSES, DRIVING RANGES, TENNIS COURTS,
BALLFIELDS, SWIMMING POOLS AND USES BY MOTORIZED
VEHICLES, PROVIDED TRAILS OR PATHWAYS FOR
PEDESTRIANS OR NONMOTORIZED VEHICLES SHALL NOT BE
CONSIDERED INTENSIVE DEVELOPMENT; (2) LAND WITH
ENVIRONMENTAL CONTAMINATION OVER A SIGNIFICANT
PORTION OF THE PROPERTY PROVIDED GRANTS FOR LAND
REQUIRING REMEDIATION OF ENVIRONMENTAL
CONTAMINATION MAY BE MADE IF REMEDIATION WILL BE
COMPLETED BEFORE ACQUISITION OF THE LAND OR ANY
INTEREST IN THE LAND AND AN ENVIRONMENTAL
ASSESSMENT APPROVED BY THE COMMISSIONER OF
ENVIRONMENTAL PROTECTION HAS BEEN COMPLETED AND NO
ENVIRONMENTAL USE RESTRICTION APPLIES TO THE LAND;
(3) LAND WHICH HAS ALREADY BEEN COMMITTED FOR
PUBLIC USE; (4) DEVELOPMENT COSTS, INCLUDING, BUT
NOT LIMITED TO, CONSTRUCTION OF BALLFIELDS, TENNIS
COURTS, PARKING LOTS OR ROADWAYS; (5) LAND TO BE
ACQUIRED BY EMINENT DOMAIN; OR (6) REIMBURSEMENT
OF IN-KIND SERVICES OR INCIDENTAL EXPENSES
ASSOCIATED WITH THE ACQUISITION OF LAND. THIS
SUBSECTION SHALL NOT PROHIBIT THE CONTINUATION OF
AGRICULTURAL ACTIVITY, THE ACTIVITIES OF A WATER
COMPANY FOR PUBLIC WATER SUPPLY PURPOSES OR THE
SELLING OF TIMBER INCIDENTAL TO MANAGEMENT OF THE
LAND WHICH MANAGEMENT IS IN ACCORDANCE WITH
APPROVED FOREST MANAGEMENT PRACTICES PROVIDED ANY
PROCEEDS OF SUCH TIMBER SALES SHALL BE USED FOR
MANAGEMENT OF THE LAND. IN THE CASE OF LAND
ACQUIRED UNDER THIS SECTION WHICH IS DESIGNATED AS
A STATE PARK, ANY FEES CHARGED BY THE STATE FOR
USE OF SUCH LAND SHALL BE USED BY THE STATE IN
ACCORDANCE WITH THE PROVISIONS OF TITLE 23 OR
SECTION 22a-27h.
(d) Any municipality or group of contiguous
municipalities may apply to the Commissioner of
Environmental Protection for a grant-in-aid of a
program established to preserve or restrict to
conservation or recreation purposes the use of
open space land. Such grant shall be used for the
acquisition of land, or easements, interests or
rights therein, or for the development of such
land, or easements, interests or rights therein,
for purposes set forth in THIS section, [7-131c,]
or both, in accordance with a plan of development
adopted by the municipal planning commission of
the municipality within which the land is located.
Any application for a grant-in-aid relating to
land located beyond the territorial limits of the
applying municipality shall be subject to approval
of the legislative body of the municipality within
whose territorial limits the land is located. A
municipality applying for aid under [sections
7-131c to 7-131k, inclusive] THIS SECTION, may
designate its conservation commission as its agent
to make such application.
(e) AT CLOSING, A PERMANENT CONSERVATION
EASEMENT, AS DEFINED IN SECTION 47-42, SHALL BE
EXECUTED FOR ANY PROPERTY PURCHASED WITH GRANT
FUNDS, WHICH CONSERVATION EASEMENT SHALL PROVIDE
THAT THE PROPERTY SHALL REMAIN FOREVER
PREDOMINANTLY IN ITS NATURAL AND OPEN CONDITION
FOR THE SPECIFIC CONSERVATION, OPEN SPACE OR WATER
SUPPLY PURPOSES FOR WHICH IT WAS ACQUIRED PROVIDED
ANY IMPROVEMENTS OR CHANGES TO THE PROPERTY SHALL
BE SUPPORTIVE OF SUCH CONDITION OR PURPOSES. THE
PERMANENT CONSERVATION EASEMENT SHALL BE IN FAVOR
OF THE STATE ACTING THROUGH THE COMMISSIONER OF
ENVIRONMENTAL PROTECTION, OR HIS DESIGNEE, WHICH
MAY BE A MUNICIPALITY OR A LAND CONSERVATION
ORGANIZATION. IN THE CASE OF LAND ACQUIRED FOR
WATER SUPPLY PROTECTION, A WATER COMPANY MAY HOLD
AN EASEMENT IN CONJUNCTION WITH THE STATE OR A
NONPROFIT ENTITY TO PROTECT THE WATER SUPPLY. SUCH
PERMANENT CONSERVATION EASEMENT SHALL ALSO INCLUDE
A REQUIREMENT THAT THE PROPERTY BE MADE AVAILABLE
TO THE GENERAL PUBLIC FOR APPROPRIATE RECREATIONAL
PURPOSES, THE MAINTENANCE OF WHICH RECREATIONAL
ACCESS SHALL BE THE RESPONSIBILITY OF THE GRANTEE
PROVIDED SUCH ACCESS SHALL NOT BE REQUIRED FOR
LAND WHICH WILL BE CLASSIFIED AS CLASS I OR CLASS
II LAND BY A WATER COMPANY IF SUCH ACCESS IS
INCONSISTENT WITH THE PROVISION OF PURE DRINKING
WATER TO THE PUBLIC. AN EXCEPTION TO THE PROVISION
OF PUBLIC RECREATIONAL ACCESS MAY BE MADE AT THE
DISCRETION OF THE COMMISSIONER OF ENVIRONMENTAL
PROTECTION WHEN PROVISION FOR PUBLIC ACCESS WOULD
BE UNREASONABLY DETRIMENTAL TO THE WILDLIFE OR
PLANT HABITAT OR OTHER NATURAL FEATURES OF THE
PROPERTY OR, FOR LAND WHERE DEVELOPMENT RIGHTS
HAVE BEEN PURCHASED, WOULD BE DISRUPTIVE OF
AGRICULTURAL ACTIVITY OCCURRING ON THE LAND. ANY
INSTRUMENT CONVEYING AN INTEREST IN LAND LESS THAN
FEE WHICH INTEREST IS PURCHASED UNDER THIS SECTION
SHALL PROVIDE FOR THE PERMANENT PRESERVATION OF
THE LAND AND PUBLIC ACCESS CONSISTENT WITH THE
LAND'S USE OR PROTECTION AND WITH ANY RESTRICTIONS
PRESCRIBED BY THE DEPARTMENT OF PUBLIC HEALTH IN
ORDER TO PROTECT A PUBLIC DRINKING WATER SOURCE.
Sec. 4. Section 7-131e of the general statutes
is repealed and the following is substituted in
lieu thereof:
[(a) Open space grants-in-aid shall be
approved by the Commissioner of Environmental
Protection.
(b) Said commissioner shall prescribe an
application form and may require supporting maps,
data, title searches and appraisals as he so
determines.
(c) All applications shall be approved by
local planning agencies and conservation
commissions, where they exist, prior to
submission. All applications shall be submitted to
the regional planning agency, if any, whose area
of operation includes the location of the land for
which open space grant-in-aid is requested. The
regional planning agency shall study the
application and render an advisory report of its
findings and recommendations thereon to the
applicant who shall submit such regional planning
agency report with its application to the
commissioner. The regional planning agency shall
have thirty days to render such report. If it
fails to report or if there is no regional
planning agency, the applicant shall so note to
the commissioner. The regional planning agency may
designate its executive committee to act for it
under this section or may establish a committee
for this purpose.]
(a) GRANT AWARD DECISIONS UNDER THE PROGRAM
ESTABLISHED UNDER SECTION 7-131d, AS AMENDED BY
SECTION 3 OF THIS ACT, SHALL BE MADE BY THE
COMMISSIONER OF ENVIRONMENTAL PROTECTION AT LEAST
SEMIANNUALLY. ALL COMPLETE AND ELIGIBLE GRANT
APPLICATIONS SHALL BE ACTED UPON BY THE
COMMISSIONER AS SOON AS PRACTICABLE. A SINGLE
PROJECT MAY RECEIVE A GRANT IN MORE THAN ONE GRANT
CYCLE, SUBJECT TO FUTURE AVAILABILITY OF FUNDS AND
SUBJECT TO THE LIMITATIONS SET FORTH IN THIS
SECTION AND SECTIONS 23-78, AS AMENDED BY SECTION
1 OF THIS ACT, 12-498, AS AMENDED BY SECTION 2 OF
THIS ACT, AND 7-131d, AS AMENDED BY SECTION 3 OF
THIS ACT. UP TO TWO PER CENT OF THE GRANT FUNDS
MAY BE USED FOR ADMINISTRATIVE EXPENSES INCLUDING,
BUT NOT LIMITED TO: (1) CONTRACTORS TO ASSIST THE
DEPARTMENT OF ENVIRONMENTAL PROTECTION IN THE
REVIEW AND EVALUATION OF GRANT PROPOSALS AND
BASELINE DATA COLLECTION FOR CONSERVATION
EASEMENTS; (2) APPRAISALS OR APPRAISAL REVIEWS;
AND (3) PREPARATION OF LEGAL AND OTHER DOCUMENTS.
ADMINISTRATIVE EXPENSES MAY NOT BE USED FOR STAFF
SALARIES. NOT LATER THAN SEPTEMBER 1, 1998, THE
COMMISSIONER SHALL DEVELOP WRITTEN GUIDELINES AND
A RANKING SYSTEM FOR CONSISTENCY AND EQUITY IN THE
DISTRIBUTION OF GRANT AWARDS UNDER THIS PROGRAM
BASED ON THE CRITERIA LISTED IN SUBSECTIONS (b)
AND (c) OF SECTION 7-131d, AS AMENDED BY THIS ACT.
CONSISTENT WITH SUCH CRITERIA, ADDITIONAL
CONSIDERATION SHALL BE GIVEN TO: (A) PROTECTION OF
LANDS ADJACENT TO AND COMPLEMENTARY TO ADJACENT
PROTECTED OPEN SPACE LAND OR CLASS I OR CLASS II
WATER COMPANY LANDS; (B) EQUITABLE GEOGRAPHIC
DISTRIBUTION OF THE GRANTS; (C) PROXIMITY OF A
PROPERTY TO URBAN AREAS WITH GROWTH AND
DEVELOPMENT PRESSURES OR TO AREAS WITH OPEN SPACE
DEFICIENCIES AND UNDERSERVED POPULATIONS; (D)
PROTECTION OF LAND PARTICULARLY VULNERABLE TO
DEVELOPMENT INCOMPATIBLE WITH ITS NATURAL RESOURCE
VALUES INCLUDING THE PROTECTION OF A PUBLIC WATER
SUPPLY SOURCE; (E) CONSISTENCY WITH THE STATE'S
PLAN OF CONSERVATION AND DEVELOPMENT; (F) MULTIPLE
PROTECTION ELEMENTS, SUCH AS WATER QUALITY AND
SUPPLY PROTECTION, SCENIC PRESERVATION AND
FARMLAND PRESERVATION; (G) THE EXTENT TO WHICH THE
PRESENCE OF ALREADY CONSTRUCTED BUILDINGS OR OTHER
MANMADE IMPROVEMENTS DIMINISH OR OVERSHADOW THE
NATURAL RESOURCE VALUE OF A PROPOSED ACQUISITION,
OR ITS VALUE RELATIVE TO ITS COST; AND (H)
PRESERVATION OF FOREST LANDS AND BODIES OF WATER
WHICH NATURALLY ABSORB SIGNIFICANT AMOUNTS OF
CARBON DIOXIDE.
(b) THERE IS ESTABLISHED A NATURAL HERITAGE,
OPEN SPACE AND WATERSHED LAND ACQUISITION REVIEW
BOARD TO ASSIST AND ADVISE THE COMMISSIONER IN
CARRYING OUT THE PROVISIONS OF SECTIONS 7-131d TO
7-131g, INCLUSIVE, AND SECTIONS 23-73 TO 23-79,
INCLUSIVE, AS AMENDED. UPON ESTABLISHMENT OF THE
REVIEW BOARD AND SELECTION OF A CHAIRMAN UNDER
THIS SECTION, THE REVIEW BOARD (1) SHALL PROVIDE
COMMENTS ON SELECTION CRITERIA, POLICIES AND
PROCEDURES; (2) SHALL PROMOTE PUBLIC
PARTICIPATION; AND (3) SHALL PROVIDE GUIDANCE AND
CONDUCT REVIEW OF STRATEGIES FOR LAND PROTECTION,
INCLUDING STRATEGIES UNDER SECTION 23-8, AS
AMENDED; (4) SHALL REVIEW AND EVALUATE GRANT AWARD
POLICIES AND PROCEDURES; AND (5) MAY PROVIDE
COMMENTS ON ANY APPLICATION FOR FUNDS NOT LATER
THAN FORTY-FIVE DAYS AFTER SUCH APPLICATION IS
SUBMITTED TO THE CHAIRMAN. UPON ESTABLISHMENT OF
THE BOARD, THE COMMISSIONER SHALL TAKE SUCH
COMMENTS INTO CONSIDERATION IN MAKING ANY
DECISIONS REGARDING SUCH GRANTS.
(c) THE REVIEW BOARD SHALL CONSIST OF TWENTY
MEMBERS AS FOLLOWS: (1) THE CHAIRPERSONS AND
RANKING MEMBERS OF THE BONDING SUBCOMMITTEE OF THE
JOINT STANDING COMMITTEE OF THE GENERAL ASSEMBLY
HAVING COGNIZANCE OF MATTERS RELATING TO FINANCE,
REVENUE AND BONDING; (2) ONE MEMBER OF THE JOINT
STANDING COMMITTEE OF THE GENERAL ASSEMBLY HAVING
COGNIZANCE OF MATTERS RELATING TO THE ENVIRONMENT,
APPOINTED BY THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES, AND ONE MEMBER OF THE JOINT
STANDING COMMITTEE OF THE GENERAL ASSEMBLY HAVING
COGNIZANCE OF MATTERS RELATING TO PLANNING AND
DEVELOPMENT, APPOINTED BY THE PRESIDENT PRO
TEMPORE OF THE SENATE, EACH OF WHOM SHALL BE EX
OFFICIO MEMBERS OF THE BOARD; (3) THE SECRETARY OF
THE OFFICE OF POLICY AND MANAGEMENT, OR HIS
DESIGNEE; (4) A REPRESENTATIVE OF THE BUSINESS
COMMUNITY AND A PERSON EXPERIENCED IN ISSUES
RELATING TO ACCESS TO PUBLIC FACILITIES BY PERSONS
WITH DISABILITIES, APPOINTED BY THE GOVERNOR; (5)
ONE REPRESENTATIVE FROM AN INVESTOR-OWNED WATER
UTILITY, APPOINTED BY THE MINORITY LEADER OF THE
SENATE; (6) ONE REPRESENTATIVE FROM A MUNICIPAL
WATER UTILITY, APPOINTED BY THE MINORITY LEADER OF
THE HOUSE OF REPRESENTATIVES; (7) ONE
REPRESENTATIVE FROM A REGIONAL WATER UTILITY,
APPOINTED BY THE MINORITY LEADER OF THE SENATE;
(8) ONE REPRESENTATIVE WHO IS A REALTOR OR
ATTORNEY WITH A MINIMUM OF FIVE YEARS EXPERIENCE
IN REAL ESTATE TRANSFERS, APPOINTED BY THE SPEAKER
OF THE HOUSE OF REPRESENTATIVES; ONE
REPRESENTATIVE WITH A MINIMUM OF FIVE YEARS
EXPERIENCE IN THE CONSTRUCTION INDUSTRY OR LAND
DEVELOPMENT, APPOINTED BY THE PRESIDENT PRO
TEMPORE OF THE SENATE; (9) TWO REPRESENTATIVES OF
INTEREST GROUPS PRIMARILY CONCERNED WITH THE
CONSERVATION OF RIVER WATERSHED REGIONS, APPOINTED
ONE EACH BY THE MAJORITY LEADERS OF THE HOUSE OF
REPRESENTATIVES AND THE SENATE; (10) THREE
REPRESENTATIVES FROM NONPROFIT ORGANIZATIONS
PRIMARILY CONCERNED WITH ENVIRONMENTAL PROTECTION
OR NATURAL RESOURCE CONSERVATION WITH A MINIMUM OF
FIVE YEARS EXPERIENCE IN LAND CONSERVATION AND
ACQUISITION, APPOINTED ONE EACH BY THE GOVERNOR,
THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND
THE PRESIDENT PRO TEMPORE OF THE SENATE; AND (11)
ONE CHIEF ELECTED OFFICIAL OF A TOWN WITH A
POPULATION LESS THAN TWENTY THOUSAND AND ONE CHIEF
ELECTED OFFICIAL OF A TOWN WITH A POPULATION
GREATER THAN TWENTY THOUSAND, APPOINTED BY THE
GOVERNOR. THE MEMBERS, OTHER THAN THE MEMBERS
DESCRIBED IN SUBDIVISIONS (1), (2) AND (3) OF THIS
SUBSECTION, SHALL SERVE TERMS OF THREE YEARS
PROVIDED THE TERMS OF THE MEMBERS DESCRIBED IN
SUBDIVISIONS (4) TO (8), INCLUSIVE, OF THIS
SUBSECTION WHO ARE APPOINTED IN THE YEAR AFTER THE
EFFECTIVE DATE OF THIS ACT SHALL EXPIRE ON OCTOBER
1, 1999, AND FURTHER PROVIDED THE TERMS OF THE
MEMBERS DESCRIBED IN SUBDIVISIONS (5) TO (9),
INCLUSIVE, OF THIS SUBSECTION SHALL EXPIRE ON
OCTOBER 1, 2000. THE BOARD SHALL ELECT A CHAIRMAN
FROM AMONG ITS MEMBERS AND SHALL MAKE SUCH
ELECTION ON OR BEFORE OCTOBER 1, 1998. MEMBERS OF
THE BOARD SHALL SERVE UNTIL REAPPOINTED OR
REPLACED.
(d) ANNUALLY, ON OR BEFORE FEBRUARY FIFTEENTH,
THE BOARD SHALL SUBMIT A REPORT REGARDING GRANT
AWARDS MADE IN THE PREVIOUS CALENDAR YEAR AND ANY
FINDINGS AND RECOMMENDATIONS REGARDING THE OPEN
SPACE AND WATERSHED LAND ACQUISITION PROGRAM TO
THE GENERAL ASSEMBLY.
(e) THERE IS ESTABLISHED AN OPEN SPACE AND
WATERSHED LAND ACQUISITION ACCOUNT WITHIN THE
GENERAL FUND WHICH SHALL CONSIST OF ANY FUNDS
REQUIRED OR ALLOWED BY LAW TO BE DEPOSITED INTO
THE ACCOUNT INCLUDING, BUT NOT LIMITED TO, GIFTS
OR DONATIONS RECEIVED FOR THE PURPOSES OF SECTION
7-131d, AS AMENDED BY SECTION 3 OF THIS ACT.
INVESTMENT EARNINGS CREDITED TO THE ASSETS OF THE
ACCOUNT SHALL BECOME PART OF THE ASSETS OF THE
ACCOUNT. ANY BALANCE REMAINING IN THE ACCOUNT AT
THE END OF ANY FISCAL YEAR SHALL BE CARRIED
FORWARD IN THE ACCOUNT FOR THE FISCAL YEAR NEXT
SUCCEEDING. PAYMENTS FROM THE ACCOUNT SHALL BE
MADE UPON AUTHORIZATION BY THE COMMISSIONER OF
ENVIRONMENTAL PROTECTION. NEITHER THE PROCEEDS OF
ANY GENERAL OBLIGATION BONDS OF THE STATE NOR THE
INVESTMENT EARNINGS OF ANY SUCH PROCEEDS SHALL BE
DEPOSITED IN THE ACCOUNT. THE COMMISSIONER OF
ENVIRONMENTAL PROTECTION MAY USE FUNDS IN THE
ACCOUNT FOR PURPOSES OF SECTION 7-131d, AS AMENDED
BY SECTION 3 OF THIS ACT.
Sec. 5. Section 7-131g of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) Subject to the provisions of sections
7-131c to 7-131k, inclusive, the Commissioner of
Environmental Protection may (1) where a federal
grant is also made, approve grants to
municipalities in an amount not to exceed one-half
of the nonfederal share of open space land
acquisition or development costs, (2) where a
federal rehabilitation or innovation grant is made
to a municipality under the Urban Park and
Recreation Recovery Act of 1978 (P.L. 95-625, 92
Stat. 3538), approve a grant to such municipality
not to exceed fifteen per cent of the total
project cost of such development or rehabilitation
and (3) where a federal grant is not made, may
approve grants to municipalities in [an amount not
to exceed forty per cent of such land acquisition
or development costs] ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION.
[(b) The cost of land, for determination of a
state grant hereunder, shall be determined by one
or more appraisals made or obtained by the state
and shall not include incidental costs, such as
surveying and closing costs or costs of
development thereof. When a municipality receives
a gift of land as a portion of the total value of
the property, the appraised value of said gift of
land shall be subtracted from the nonfederal share
for determination of a state grant. Such
information as may be required for determination
of any such grant with respect to development
costs shall be submitted in accordance with
regulations prescribed by said commissioner.
(c) Any application for a grant-in-aid under
sections 7-131c to 7-131k, inclusive, which was
received and approved by the Commissioner of
Environmental Protection prior to July 1, 1978,
shall be administered in accordance with the terms
and conditions of the open space statutes in
effect prior to that date.]
(b) THE COMMISSIONER OF ENVIRONMENTAL
PROTECTION MAY MAKE GRANTS UNDER THE OPEN SPACE
AND WATERSHED LAND ACQUISITION PROGRAM TO: (1)
MUNICIPALITIES FOR ACQUISITION OF LAND FOR OPEN
SPACE UNDER SUBDIVISIONS (1) TO (6), INCLUSIVE, OF
SUBSECTION (b) OF SECTION 7-131d, AS AMENDED BY
SECTION 3 OF THIS ACT, IN AN AMOUNT NOT TO EXCEED
FIFTY PER CENT OF THE FAIR MARKET VALUE OF A
PARCEL OF LAND OR INTEREST IN LAND PROPOSED TO BE
ACQUIRED; (2) MUNICIPALITIES FOR ACQUISITION OF
LAND FOR CLASS I AND CLASS II WATER SUPPLY
PROTECTION UNDER SUBDIVISION (5) OF SUBSECTION (b)
OF SAID SECTION 7-131d, IN AN AMOUNT NOT TO EXCEED
SIXTY-FIVE PER CENT OF SUCH VALUE; (3) NONPROFIT
LAND CONSERVATION ORGANIZATIONS FOR ACQUISITION OF
LAND FOR OPEN SPACE OR WATERSHED PROTECTION UNDER
SUBDIVISIONS (1) TO (6), INCLUSIVE, OF SUBSECTION
(b) OF SAID SECTION 7-131d, IN AN AMOUNT NOT TO
EXCEED FIFTY PER CENT OF SUCH VALUE; (4) WATER
COMPANIES FOR ACQUISITION OF LAND UNDER
SUBDIVISION (7) OF SUBSECTION (b) OF SAID SECTION
7-131d, IN AN AMOUNT NOT TO EXCEED FORTY PER CENT
OF SUCH VALUE PROVIDED IF SUCH A COMPANY PROPOSES
IN A GRANT APPLICATION THAT IT INTENDS TO ALLOW
ACCESS TO SUCH LAND FOR RECREATIONAL USES, SUCH
COMPANY SHALL SEEK APPROVAL OF THE COMMISSIONER OF
PUBLIC HEALTH FOR SUCH ACCESS; AND (5) DISTRESSED
MUNICIPALITIES OR TARGETED INVESTMENT COMMUNITIES,
AS DEFINED IN SECTION 32-9p, FOR ACQUISITION OF
LAND FOR OPEN SPACE UNDER SUBDIVISIONS (1) TO (6),
INCLUSIVE, OF SUBSECTION (b) OF SAID SECTION
7-131d, IN AN AMOUNT NOT TO EXCEED SIXTY-FIVE PER
CENT OF SUCH VALUE OR FOR PERFORMANCE OF WORK IN
THE RESTORATION, ENHANCEMENT OR PROTECTION OF
RESOURCES IN AN AMOUNT NOT TO EXCEED FIFTY PER
CENT OF THE COST OF SUCH WORK. APPLICANTS FOR
GRANTS UNDER THE PROGRAM SHALL PROVIDE A COPY OF
THE APPLICATION TO THE CHAIRPERSON OF THE REVIEW
BOARD ESTABLISHED UNDER SECTION 7-131e, AS AMENDED
BY SECTION 4 OF THIS ACT. THE BOARD SHALL PROVIDE
COMMENTS TO THE COMMISSIONER ON PENDING
APPLICATIONS AS IT DEEMS NECESSARY.
(c) FOR PURPOSES OF THIS SUBSECTION, THE FAIR
MARKET VALUE OF LAND OR INTEREST IN LAND SHALL BE
DETERMINED BY ONE OR MORE APPRAISALS SATISFACTORY
TO THE COMMISSIONER AND SHALL NOT INCLUDE
INCIDENTAL COSTS, INCLUDING, BUT NOT LIMITED TO,
SURVEYING, DEVELOPMENT OR CLOSING COSTS. THE
COMMISSIONER MAY CONSIDER A PORTION OF THE FAIR
MARKET VALUE OF A DONATION OF LAND BY AN ENTITY
RECEIVING A GRANT AS A PORTION OF THE MATCHING
FUNDS REQUIRED UNDER THIS SUBSECTION. NO OTHER
FUNDS MADE AVAILABLE BY THE STATE MAY BE USED BY A
POTENTIAL GRANTEE AS MATCHING FUNDS UNDER THE
PROGRAM.
(d) TO THE EXTENT THERE IS A BALANCE OF BONDS
AUTHORIZED BUT NOT ALLOCATED BY THE STATE BOND
COMMISSION ON OR AFTER JULY 1, 1998, PURSUANT TO
ANY BOND ACT FOR THE PURPOSES OF (1) THE
RECREATION AND NATURAL HERITAGE TRUST PROGRAM
ESTABLISHED UNDER SECTIONS 23-73 TO 23-79,
INCLUSIVE, AND (2) THE MUNICIPAL OPEN SPACE GRANT
PROGRAM ESTABLISHED UNDER SECTIONS 7-131c TO
7-131g, INCLUSIVE, AS AMENDED, THE STATE BOND
COMMISSION SHALL AUTHORIZE THE ISSUANCE OF SUCH
BALANCE ONLY FOR THE PURPOSES DESCRIBED IN SECTION
23-74, AS AMENDED BY SECTION 11 OF THIS ACT, AND
SECTIONS 23-75 AND 7-131d, AS AMENDED BY SECTION 3
OF THIS ACT, AND IN TWO SUBSTANTIALLY EQUAL
INSTALMENTS ONE IN EACH HALF OF THE FISCAL YEAR
COMMENCING WITH THE FISCAL YEAR ENDING JUNE 30,
1999.
Sec. 6. (NEW) On or before the tenth day of
each month, the Commissioner of Environmental
Protection shall submit a report to the joint
standing committee of the General Assembly having
cognizance of matters relating to finance, revenue
and bonding and to the State Bond Commission which
report shall provide information on any
acquisition of land or interest in land completed
in the previous month by the state, a
municipality, water company or nonprofit
organization using funds authorized for the Open
Space and Watershed Land Acquisition Program
established under section 7-131d of the general
statutes, as amended by section 3 of this act, and
the Recreation and Natural Heritage Trust Program
established under sections 23-73 to 23-79,
inclusive, of the general statutes.
Sec. 7. Section 25-32d of the general
statutes, as amended by section 3 of public act
97-314, is repealed and the following is
substituted in lieu thereof:
(a) Each water company as defined in section
25-32a and supplying water to one thousand or more
persons or two hundred fifty or more consumers and
any other water company as defined in said section
requested by the Commissioner of Public Health
shall submit a water supply plan to the
Commissioner of Public Health for approval with
the concurrence of the Commissioner of
Environmental Protection. The concurrence of the
Public Utilities Control Authority shall be
required for approval of a plan submitted by a
water company regulated by the authority. The
Commissioner of Public Health shall consider the
comments of the Public Utilities Control Authority
on any plan which may impact any water company
regulated by the authority. The Commissioner of
Public Health shall distribute a copy of the plan
to the Commissioner of Environmental Protection
and the Public Utilities Control Authority. A copy
of the plan shall be sent to the Secretary of the
Office of Policy and Management for information
and comment. A plan shall be revised at such time
as the water company filing the plan or the
Commissioner of Public Health determines or at
intervals of not less than three years nor more
than five years after the date of initial
approval. [Any water company which is subject to
the requirements of subsection (b) of section
16-50c which submits a revision of any such plan
regarding land use and ownership shall provide
notice that such a revision has been made and is
available at such company which notice shall be by
certified mail, return receipt requested, to each
private, nonprofit land-holding organization that
would be entitled under said subsection to notice
of the sale, lease or other disposition of any
land affected by such revision.]
(b) Any water supply plan submitted pursuant
to this section shall evaluate the water supply
needs in the service area of the water company
submitting the plan and propose a strategy to meet
such needs. The plan shall include: (1) A
description of existing water supply systems; (2)
an analysis of future water supply demands; (3) an
assessment of alternative water supply sources
which may include sources receiving sewage and
sources located on state land; (4) contingency
procedures for public drinking water supply
emergencies, including emergencies concerning the
contamination of water, the failure of a water
supply system or the shortage of water; (5) a
recommendation for new water system development;
(6) a forecast of ANY future land sales, AN
IDENTIFICATION WHICH INCLUDES THE ACREAGE AND
LOCATION OF ANY LAND PROPOSED TO BE SOLD, SOURCES
OF PUBLIC WATER SUPPLY TO BE ABANDONED AND ANY
LAND OWNED BY THE COMPANY WHICH IT HAS DESIGNATED,
OR PLANS TO DESIGNATE, AS CLASS III LAND; (7)
provisions for strategic groundwater monitoring;
and (8) an analysis of the impact of water
conservation practices and a strategy for
implementing supply and demand management
measures.
(c) The Commissioner of Public Health, in
consultation with the Commissioner of
Environmental Protection and the Public Utilities
Control Authority, shall adopt regulations in
accordance with the provisions of chapter 54. Such
regulations shall include a method for calculating
safe yield, the contents of emergency contingency
plans and water conservation plans, a process for
approval, modification or rejection of plans
submitted pursuant to this section, a schedule for
submission of the plans and a mechanism for
determining the completeness of the plan. The plan
shall be deemed complete if the commissioner does
not request additional information within ninety
days after the date on which the plan was
submitted or, in the event that additional
information has been requested, within forty-five
days after the submission of such information,
except that the commissioner may request an
additional thirty days beyond the time in which
the application is deemed complete to further
determine completeness. In determining whether the
water supply plan is complete, the commissioner
may request only information that is specifically
required by regulation. THE DEPARTMENT OF
ENVIRONMENTAL PROTECTION AND THE DEPARTMENT OF
PUBLIC UTILITY CONTROL, IN THE CASE OF ANY PLAN
WHICH MAY IMPACT ANY WATER COMPANY REGULATED BY
THAT AGENCY, SHALL HAVE NINETY DAYS UPON NOTICE
THAT A PLAN IS DEEMED COMPLETE TO COMMENT ON THE
PLAN.
(d) ANY WATER COMPANY, WHEN SUBMITTING ANY
PLAN OR REVISION OR AMENDMENT OF A PLAN AFTER THE
EFFECTIVE DATE OF THIS ACT WHICH INVOLVES A
FORECAST OF LAND SALES, ABANDONMENT OF ANY WATER
SUPPLY SOURCE, SALE OF ANY LANDS, OR LAND
RECLASSIFICATION, SHALL PROVIDE NOTICE, RETURN
RECEIPT REQUESTED, TO THE CHIEF ELECTED OFFICIAL
OF EACH MUNICIPALITY IN WHICH THE LAND OR SOURCE
IS LOCATED, THE NATURE CONSERVANCY, THE TRUST FOR
PUBLIC LAND AND THE LAND TRUST SERVICE BUREAU AND
ANY ORGANIZATION ON THE LIST PREPARED UNDER
SUBSECTION (b) OF SECTION 16-50c, AS AMENDED BY
THIS ACT. SUCH NOTICE SHALL SPECIFY ANY PROPOSED
ABANDONMENT OF A SOURCE OF WATER SUPPLY, ANY
PROPOSED CHANGES TO LAND SALES FORECASTS OR ANY
LAND TO BE DESIGNATED AS CLASS III LAND IN SUCH
PLAN. SUCH NOTICE SHALL SPECIFY THE LOCATION AND
ACREAGE PROPOSED FOR SALE OR RECLASSIFICATION AS
CLASS III LAND, IDENTIFY SOURCES TO BE ABANDONED
AND SHALL BE PROVIDED NO LATER THAN THE DATE OF
SUBMISSION OF SUCH PLAN OR REVISION. SUCH NOTICE
SHALL INDICATE THAT PUBLIC COMMENT ON SUCH PLAN OR
REVISION SHALL BE RECEIVED BY THE COMMISSIONERS OF
PUBLIC HEALTH AND ENVIRONMENTAL PROTECTION NOT
LATER THAN SIXTY DAYS AFTER THE DATE OF NOTICE.
THE COMMISSIONER OF PUBLIC HEALTH SHALL TAKE SUCH
COMMENT INTO CONSIDERATION IN MAKING ANY
DETERMINATION OR APPROVAL UNDER THIS SECTION.
Sec. 8. Section 16-50c of the general
statutes, as amended by section 2 of public act
97-314, is repealed and the following is
substituted in lieu thereof:
(a) Whenever any public service company, as
defined in section 16-1, except a water company,
owning any contiguous area of unimproved real
property containing three acres or more, intends
to sell, lease or otherwise dispose of such land,
or a portion thereof, except to the state, the
United States or a municipality, such company
shall first notify in writing, by certified mail,
return receipt requested, the Department of Public
Utility Control, the Commissioner of Public
Health, the Commissioner of Environmental
Protection and the chief executive officer or
officers of the municipality in which such land is
situated, of such intention to sell, lease or
otherwise dispose of such land, and no agreement
to sell, lease or otherwise dispose of such land
may be entered into by such public service company
except as provided in this section. The department
shall approve or disapprove the disposition of
such unimproved property pursuant to subsection
(a) of section 16-43, AS AMENDED BY SECTION 9 OF
THIS ACT, not more than one hundred fifty days
after said department has received notice pursuant
to this section and failure to take action within
such period shall be deemed to constitute
approval. The department shall hold a hearing on
all such land transactions in which the
acquisition cost of the parcels involved or the
transfer consideration is in excess of [twenty]
FIFTY thousand dollars. The hearing shall be held
in the municipality where such land is located. If
such land is located in more than one municipality
the department shall determine in which
municipality the hearing shall be held. If the
hearing is scheduled for more than one day or
continues for more than one day the department may
reconvene the hearing at the offices of the
department. The municipality in which such land is
situated shall be a party to all proceedings
before the department involving such land brought
pursuant to sections 16-50b to 16-50e, inclusive.
The Department of Public Utility Control may, by
order, exempt from the provisions of this
subsection and sections 16-50d and 16-50e any
sale, lease, transfer or other disposition of land
by a public service company, other than a water
company, to another public service company if such
sale, lease, transfer or other disposition of land
is related to a plan of divestiture or other
corporate reorganization approved by the
department.
(b) On or before January 1, 1998, and on or
before January first of each year thereafter, [the
Nature Conservancy, the Trust for Public Land, the
Land Trust Service Bureau and] any private,
nonprofit land-holding organization may provide in
writing to the Department of Public Utility
Control its mailing address and a list of the
municipalities in this state in which [it owns
land] SUCH ORGANIZATION MAY OWN LAND OR ANY
MUNICIPALITY ADJACENT TO SUCH MUNICIPALITIES which
address is suitable for the purpose of receiving
notice of the sale, lease or other disposition of
water company land as provided in this section. On
or before February 1, 1998, and on or before
February first of each year thereafter, said
department shall publish and make available to
every water company, as defined in section 16-1, a
list setting forth for THE NATURE CONSERVANCY, THE
TRUST FOR PUBLIC LAND, THE LAND TRUST SERVICE
BUREAU AND each private, nonprofit land-holding
organization which has provided such information,
such organization's mailing address and the
municipalities in which [such organization owns
land] SUCH ORGANIZATION MAY OWN LAND AND THE
ADJACENT MUNICIPALITIES. SUCH LIST SHALL BE VALID
UNTIL JANUARY THIRTY-FIRST OF THE FOLLOWING
CALENDAR YEAR AND ANY CHANGES IN INFORMATION TO BE
INCORPORATED IN THE FOLLOWING YEAR'S LIST SHALL BE
SUBMITTED TO THE DEPARTMENT OF PUBLIC UTILITY
CONTROL ON OR BEFORE JANUARY FIRST FOR INCLUSION
ON THE LIST TO BE PUBLISHED ON FEBRUARY FIRST.
Whenever, ONE HUNDRED TWENTY DAYS AFTER THE
EFFECTIVE DATE OF THIS ACT, any water company, as
defined in section 16-1, owning any contiguous
area of real property containing three acres or
more, intends to sell, lease or otherwise dispose
of such land, or a portion thereof, such company
shall, [first] NOT LATER THAN NINETY DAYS PRIOR TO
OFFERING SUCH LAND FOR SALE OR OTHERWISE
NEGOTIATING WITH OR NOTIFYING ANY OTHER POTENTIAL
PURCHASER, OR ANY AGENT OF A POTENTIAL PURCHASER,
(1) notify in writing, by certified mail, return
receipt requested, the Department of Public
Utility Control, the Commissioner of Public
Health, the Commissioner of Environmental
Protection, any water company, as defined in
section 25-32a, with an existing or potential
source of supply or service area in any
municipality in which such land is situated, any
water company, as defined in said section 25-32a,
with an existing or potential source of supply or
service area in a contiguous municipality, the
chief executive officer or officers of the
municipality in which such land is situated, the
Nature Conservancy, the Trust for Public Land, the
Land Trust Service Bureau and any private,
nonprofit land-holding organization set forth on
the list published annually by the Department of
Public Utility Control pursuant to this section
which organization has [its mailing address or
owns land in either the municipality in which such
water company land is situated or in any
contiguous municipality] INDICATED TO THE
DEPARTMENT THAT IT MAY OWN LAND IN THE
MUNICIPALITY IN WHICH THE LAND IS LOCATED OR IN AN
ADJACENT MUNICIPALITY provided such notice shall
inform recipients [that any significant terms and
conditions of such sale, lease or other
disposition and] OF INFORMATION PERTAINING TO THE
ACREAGE AND LOCATION OF THE LAND TO BE SOLD,
LEASED, OR OTHERWISE DISPOSED OF AND SUCH NOTICE
SHALL STATE THAT ADDITIONAL INFORMATION, INCLUDING
a map of the property, are available at the
company AND FURTHER PROVIDED, FOR ANY APPLICATION
SUBMITTED TO THE DEPARTMENT OF PUBLIC UTILITY
CONTROL FOR DISPOSITION OF SUCH LAND WITHIN TWO
YEARS AFTER SUCH NINETY-DAY PERIOD, NO FURTHER
NOTICE SHALL BE REQUIRED, and (2) provide further
public notice by causing a notice to be published
in a newspaper of general circulation in the
municipalities where such water company land is
situated not more than forty-five days nor less
than thirty days before and not more than thirty
days after filing an application for approval with
the department of such intention to sell, lease or
otherwise dispose of such land. Such public notice
shall be published in a display form that shall
serve substantially to notify the public of the
availability of the property and shall be
published in print no smaller than ten-point type
size. IF A RECIPIENT OF NOTICE UNDER THIS
SUBSECTION ENTERS INTO A CONTRACT TO PURCHASE SUCH
LAND, THE CLOSING ON THE SALE SHALL TAKE PLACE NOT
LATER THAN TWELVE MONTHS AFTER THE CONTRACT IS
ENTERED INTO UNLESS THE PERIOD FOR CLOSING IS
EXTENDED BY MUTUAL AGREEMENT OF THE PARTIES TO THE
CONTRACT. No agreement to sell, lease or otherwise
dispose of such land may be entered into by such
water company except as provided in this section.
Any private, nonprofit land-holding organization
which is considering acquiring the interest in the
land which the water company intends to sell,
lease or dispose of, must identify itself as a
potential acquirer by giving written notice to the
Department of Public Utility Control and to the
water company by certified mail, return receipt
requested, not more than ninety days after the
water company files an application for approval.
The department shall approve or disapprove the
disposition of such property pursuant to
subsection (a) of section 16-43, AS AMENDED BY
SECTION 9 OF THIS ACT, not more than one hundred
fifty days after its receipt of an application for
such sale, lease or other [disposal] DISPOSITION
pursuant to this subsection and failure to take
action within such period shall be deemed to
constitute approval. The department shall hold a
hearing on all such land transactions in which the
acquisition cost of the parcels involved or the
transfer consideration is in excess of [twenty]
FIFTY thousand dollars. The hearing shall be held
in the municipality where such land is located. If
such land is located in more than one municipality
the department shall determine in which
municipality the hearing shall be held. If the
hearing is scheduled for more than one day or
continues for more than one day the department may
reconvene the hearing at the offices of the
department. An application shall not be filed with
the department until the Commissioner of Public
Health issues a permit pursuant to section 25-32.
The municipality in which such land is situated
shall be a party to all proceedings before the
department involving such land brought pursuant to
sections 16-50b to 16-50e.
(c) IF, BY THE END OF THE NINETY-DAY PERIOD
FOR WRITTEN NOTICE UNDER SUBDIVISION (1) OF
SUBSECTION (b) OF THIS SECTION, NO RECIPIENT OF
SUCH NOTICE HAS ENTERED INTO AN AGREEMENT OR
OPTION TO ACQUIRE THE LAND, THE WATER COMPANY MAY
OFFER THE LAND FOR SALE, LEASE OR OTHER
DISPOSITION TO ANY PERSON. ANY SUCH RECIPIENT OF
NOTICE, UPON ENTERING INTO A CONTRACT WHICH
PROVIDES FOR AN OPTION TO ACQUIRE SUCH LAND, SHALL
PAY REASONABLE CONSIDERATION FOR SUCH OPTION WITH
DUE REGARD FOR THE MARKET VALUE OF THE LAND. SUCH
CONSIDERATION SHALL BE APPLIED, WITHOUT INTEREST,
AS A CREDIT AGAINST THE PURCHASE PRICE IF THE
OPTION IS EXERCISED. ANY SUCH CONSIDERATION SHALL
NOT BE REFUNDABLE UNLESS THE DEPARTMENT
DISAPPROVES THE DISPOSITION OF SUCH LAND.
Sec. 9. Section 16-43 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) A public service company shall obtain the
approval of the Department of Public Utility
Control to directly or indirectly (1) merge,
consolidate or make common stock with any other
company, or (2) sell, lease, assign, mortgage,
except by supplemental indenture in accord with
the terms of a mortgage outstanding May 29, 1935,
or otherwise dispose of any essential part of its
franchise, plant equipment or other property
necessary or useful in the performance of its duty
to the public, provided (A) a public service
company other than a water company may sell,
lease, assign, mortgage or otherwise dispose of
real property with an appraised value of fifty
thousand dollars or less without such approval,
and (B) a water company supplying water to more
than five hundred consumers may sell, lease,
assign, mortgage, or otherwise dispose of real
property, other than public watershed or water
supply lands, with an appraised value of fifty
thousand dollars or less without such approval.
The department shall not accept an application to
sell watershed or water supply lands until the
Commissioner of Public Health issues a permit
pursuant to section 25-32. The condemnation by a
state department, institution or agency of any
land owned by a public service company shall be
subject to the provisions of this subsection. On
February 1, 1996, and annually thereafter, each
public service company shall submit a report to
the Department of Public Utility Control of all
real property sold, leased, assigned, mortgaged,
or otherwise disposed of without the approval of
said department during the previous calendar year.
Such report shall include for each transaction
involving such property, without limitation, the
appraised value of the real property, the actual
value of the transaction and the accounting
journal entry which recorded the transaction.
(b) A public service company shall obtain the
approval of the Department of Public Utility
Control to (1) issue any notes, bonds or other
evidences of indebtedness or securities of any
nature, (2) lend or borrow any moneys for a period
of more than one year for any purpose other than
paying the expenses, including taxes, of
conducting its business or for the payment of
dividends, or (3) amend any provision of an
indenture or similar financial instrument if such
amendment would affect the issuance or terms of
any such notes, bonds or other evidences of
indebtedness or securities. The department shall
approve or disapprove each such issue or amendment
within thirty days after the filing of a written
application for such approval unless the applicant
agrees to an extension of time. If not disapproved
within said thirty days or within such extension,
such issue shall be deemed to be approved. The
department shall not require a company to issue
its common stock under terms or conditions not
required by the general statutes. The provisions
of this subsection shall apply to a community
antenna television company only with regard to any
noncable communications services which the company
may provide.
(c) Any managerial service contract made by a
public service company shall be voidable on order
of the department, but may be enforced as between
the parties unless disapproved.
(d) Any water company selling land that at any
time has been in the water company's rate base
shall use the net proceeds from the sale of such
land for capital projects which improve or protect
the water supply system or for the acquisition of
land to protect a water supply source. In the case
of a water company required to file a water supply
plan pursuant to section 25-32d, AS AMENDED BY
SECTION 7 OF THIS ACT, the capital projects or
acquisition shall be consistent with such plan.
(e) For the purposes of rate making, the
department shall use an accounting method for the
economic benefits of sales of land [for which the
Commissioner of Public Health has issued a permit
pursuant to sections 25-32, 25-37c and 25-37d] BY
A WATER COMPANY, AS DEFINED IN SECTION 16-1, that
at any time has been in the water company's rate
base that equitably allocates all of the economic
benefits of any such sale between the ratepayers
and the shareholders of the company. Any such
allocation shall be based on the facts of each
application for sale and the department may,
except as otherwise provided in this subsection,
allocate all of the economic benefits of any such
sale to either the ratepayers or the shareholders.
The department shall allocate the economic
benefits of any such sale of water company land
which promotes a perpetual public interest in the
use of land for open space or recreational
purposes, AS DEFINED IN SECTION 10 OF THIS ACT,
substantially in favor of a water company's
shareholders [, with regard to any such land sold
by the company when at least twenty-five per cent
of such land is to be used for open space or
recreational purposes] IF NOT LESS THAN
TWENTY-FIVE PER CENT OF THE AREA OF SUCH LAND IN
THE SALE IS TO BE USED FOR OPEN SPACE OR
RECREATIONAL PURPOSES AND shall ALLOCATE UP TO ONE
HUNDRED PER CENT OF THE BENEFITS TO THE
SHAREHOLDERS IF ONE HUNDRED PER CENT OF THE LAND
IN THE SALE IS TO BE USED FOR OPEN SPACE OR
RECREATIONAL PURPOSES. The department shall
determine how much more than a majority of such
benefits shall be allocated to the shareholders
based on the extent to which part of the land is
for open space or recreational purposes. [For the
purposes of this subsection, "open space or
recreational purposes" is defined as in subsection
(f) of section 16-50d.] ANY SUCH LAND DESIGNATED
FOR OPEN SPACE OR RECREATION SHALL NOT BE REQUIRED
TO BE PART OF OR CONTIGUOUS TO THE CLASS III LAND
WHICH IS SUBJECT TO THE SALE IN ORDER TO BE
CONSIDERED IN THE DETERMINATION OF THE ALLOCATION
OF BENEFITS PROVIDED SUCH NONCONTIGUOUS LAND IS
(1) CONSISTENT WITH THE STATE OR LOCAL PLAN FOR
OPEN SPACE AND RECREATION IN THE MUNICIPALITY IN
WHICH IT IS LOCATED, OR (2) IS ADJACENT TO
EXISTING PROTECTED OPEN SPACE, OR (3) CREATES A
LINKAGE BETWEEN TWO OR MORE PARCELS OF PROTECTED
OPEN SPACE AND FURTHER PROVIDED ONLY HALF OF THE
ACREAGE WITHIN SUCH NONCONTIGUOUS LAND DESIGNATED
FOR OPEN SPACE OR RECREATIONAL PURPOSES SHALL BE
COUNTED TOWARD THE PERCENTAGE USED IN DETERMINING
WHETHER THE TWENTY-FIVE PER CENT MINIMUM
REQUIREMENT IN THIS SECTION IS MET. SUBSTITUTION
OF NONCONTIGUOUS LAND TO MEET THIS REQUIREMENT
SHALL NOT BE PERMITTED IF SUCH LAND TO BE SOLD
TOGETHER WITH ANY CONTIGUOUS CLASS III LAND FROM
WHICH THE WATER COMPANY HAS DIVIDED OR SUBDIVIDED
IT FOR SALE IS MORE THAN ONE HUNDRED FIFTY ACRES
AND IS CONTIGUOUS TO LAND PROTECTED AS OPEN SPACE,
FOREST LAND OR FARMLAND DESIGNATED UNDER SECTIONS
12-107c TO 12-107e, INCLUSIVE, OR CLASSIFIED AS
WATER COMPANY LAND, ANY OF WHICH, IN COMBINATION
WITH THE LAND TO BE SOLD, IS MORE THAN FIVE
HUNDRED ACRES. THE DEED FOR ANY NONCONTIGUOUS LAND
USED IN ANY SUCH DETERMINATION SHALL CLEARLY
INDICATE THAT THE LAND IS HELD FOR THE PUBLIC
INTEREST IN PERPETUITY.
Sec. 10. (NEW) For purposes of subsection (e)
of section 16-43 of the general statutes, as
amended by section 9 of this act, "open space or
recreational purposes" means public parks or
forests or natural areas, including, but not
limited to, reservoirs and water company land,
which are preserved predominantly in their natural
scenic and open condition which may allow for
camping; hiking; forestry; fishing; wildlife or
natural resource conservation.
Sec. 11. Section 23-74 of the general statutes
is repealed and the following is substituted in
lieu thereof:
There is hereby created the recreation and
natural heritage trust program to: (1) Acquire
land that represents the ecological diversity of
Connecticut, including natural features such as
riverine, montane, coastal and geologic systems or
other natural areas, on behalf of the state, in
order to ensure the preservation and conservation
of such land for recreational, scientific,
educational, cultural and aesthetic purposes, (2)
acquire land of unusual natural interest as
additions to the system of parks, forests,
wildlife and fishery management areas, natural
areas and dedicated natural area preserves in the
state for the beneficial use and enjoyment of the
public, (3) acquire land identified as essential
habitat for endangered and threatened species
pursuant to the program established under section
26-305, [and] (4) OFFSET CARBON DIOXIDE PRODUCED
THROUGH COMBUSTION OF FOSSIL FUELS BY PRESERVING
LANDS THAT NATURALLY ABSORB IT, AND [(4)] (5)
establish a stewardship account to provide for the
maintenance, protection and management of lands
acquired pursuant to the provisions of sections
23-73 to 23-80, inclusive, and of the species that
inhabit them.
Sec. 12. Section 25-33k of the general
statutes is repealed and the following is
substituted in lieu thereof:
No source of water supply shall be abandoned
by a water company without a permit from the
Commissioner of Public Health. In his decision the
commissioner shall consider the water supply needs
of the water company and shall consult with the
Commissioner of Environmental Protection, the
Secretary of the Office of Policy and Management
and the Department of Public Utility Control. The
Commissioner of Public Health shall grant a permit
upon a finding that the source shall not be needed
by such water company for present or future water
supply and, in the case of a water company
required to file a water supply plan under section
25-32d, that such abandonment is consistent with a
water supply plan filed and approved pursuant to
said section. No permit shall be granted if the
commissioner determines that the source would be
necessary for water supply by the company in an
emergency OR THE PROPOSED ABANDONMENT WOULD IMPAIR
THE ABILITY OF THE COMPANY TO PROVIDE A PURE,
ADEQUATE AND RELIABLE WATER SUPPLY FOR PRESENT AND
PROJECTED FUTURE CUSTOMERS. As used in this
section, a future source of water supply shall be
considered to be any source of water supply
necessary to serve areas reasonably expected to
require service by the water company for a period
of not more than fifty years after the date of the
application for a permit under this section.
Sec. 13. Section 7-131f of the general
statutes is repealed and the following is
substituted in lieu thereof:
In making grants-in-aid for open space land
acquisition or development FROM OUT OF FUNDS
AUTHORIZED BEFORE THE EFFECTIVE DATE OF THIS ACT,
the Commissioner of Environmental Protection
shall: (a) Seek to achieve a reasonable balance
among all parts of the state in the relative
adequacy of present areas devoted to recreational
and conservation purposes and the relative
anticipated future needs for additional areas
devoted to recreational and conservation purposes;
(b) give due consideration to the special park
requirement needs of urban areas; (c) wherever
possible, give priority to land which will be
utilized for multiple recreational and
conservation purposes; (d) give due consideration
to coordination with the plans of departments of
the state and regional planning agencies with
respect to land use or acquisition and (e) give
primary consideration to the needs of
municipalities that have formed local housing
partnerships pursuant to the provisions of section
8-336f.
Sec. 14. (a) Sections 7-131c and 23-80 of the
general statutes are repealed.
(b) In codifying the provisions of this act,
the Legislative Commissioners shall delete the
reference to section 7-131c that appears in
section 22a-9 of the general statutes and the
reference to section 7-131c that appears in
sections 12-107a and 12-107b of the general
statutes.
Sec. 15. This act shall take effect July 1,
1998.
Approved May 18, 1998