Substitute House Bill No. 5382
Substitute House Bill No. 5382
PUBLIC ACT NO. 98-255
AN ACT CONCERNING FINANCIAL MATTERS RELATING TO
INSTITUTIONS OF HIGHER EDUCATION AND CONCERNING
THE CONVEYANCE OF CERTAIN PARCELS OF STATE LAND.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. (a) Notwithstanding the provisions
of any section of the general statutes or any
special act, the state of Connecticut, acting by
the State Treasurer, may convey to the city of New
Britain a tract of land located in the city of New
Britain on the campus of Central Connecticut State
University between Maloney Hall and Welte Hall and
the city of New Britain may accept the conveyance
for the sole purpose of constructing on such land
a parking garage at Central Connecticut State
University.
(b) The city of New Britain, acting by and
through the New Britain parking authority,
notwithstanding any provisions of the general
statutes, the charter of the city of New Britain,
any special act or ordinance, or any other
provision of law including local zoning laws, may
in consultation with the Board of Trustees of the
Connecticut State University System or its
designated representatives, and subject to the
approval of the said board of trustees, prepare
plans and specifications for the construction of
the parking garage and may construct such garage.
(c) The state of Connecticut, acting by the
Board of Trustees for the Connecticut State
University System, represented by its chairman or
other officer so designated by resolution of the
board, and the city of New Britain, acting by the
New Britain parking authority, represented by its
chairman or other officer so designated by
resolution of the authority, may execute a lease
to the Board of Trustees for the Connecticut State
University System for a period of twenty-five
years, notwithstanding any other provision of the
general statutes concerning lease periods,
pursuant to a net lease which requires the lessee
to pay all expenses of operation, maintenance,
repairs and insurance, and an annual rental
sufficient to pay the principal of such bonds,
together with the interest on such bonds, as shall
be issued by the city of New Britain pursuant to
subdivision (2) of subsection (d) of this section.
(d) (1) The common council of the city of New
Britain may provide, by ordinance, for the
issuance of general obligation bonds and notes in
an amount not exceeding twelve million dollars to
finance construction of the parking garage and
appurtenant facilities at Central Connecticut
State University. Notwithstanding the provisions
of sections 7-206 and 7-371 of the general
statutes or any other provision of law, such bonds
shall be dated, shall bear interest at a rate or
rates not exceeding seven per cent per annum, and
shall mature at such time or times over a period
not exceeding twenty-five years from their date on
a maturity schedule that will substantially
equalize the payment of principal and interest
annually, as may be provided by the common council
prior to the issuance of such bonds. The common
council shall determine the form of such bonds,
including any interest coupons to be attached to
the bonds, the manner of execution of the bonds
and the bank or trust company to act as certifying
agent, and shall fix the denominations of such
bonds and the place or places of payment of
principal and interest on the bonds. All bonds
issued under the provisions of this section shall
be negotiable instruments under the provisions of
the general statutes and shall be exempt, both as
to principal and interest, from taxation by the
state of Connecticut or any subdivision of the
state. Such bonds may be sold in such manner and
for such price as is determined to be for the best
interest of the city, but no such sale shall be
made at a price so low as to require the payment
of interest on the money received therefor at more
than seven per cent per annum, computed with
relation to the absolute maturity or maturities of
the bonds in accordance with standard tables of
bond values.
(2) Bonds and notes issued under the
provisions of this section shall not be subject to
any statutory limitation on the indebtedness of
the city and such bonds and notes when issued
shall not be included in computing the aggregate
indebtedness of the city in respect of any such
limitation.
(e) The city shall convey the land with the
parking garage and appurtenant facilities to the
Board of Trustees for the Connecticut State
University System without consideration but only
after receipt of sufficient funds to the principal
of and interest on said bonds and only when the
terms and conditions of the lease agreement
entered into between the Board of Trustees for the
Connecticut State University System and the city
of New Britain, acting by the New Britain parking
authority, shall have been fully performed.
Sec. 2. (a) Notwithstanding the provisions of
any section of the general statutes or any special
act, the state of Connecticut, acting by the State
Treasurer, may convey to the city of New Haven a
tract of land located in the city of New Haven on
the campus of Southern Connecticut State
University known as parking lot two and the city
of New Haven may accept such conveyance for the
sole purpose of constructing on such land a
parking garage at Southern Connecticut State
University.
(b) The city of New Haven, notwithstanding any
provisions of the general statutes, the charter of
the city of New Haven, any special act or
ordinance, or any other provision of law including
local zoning laws, may, in consultation with the
Board of Trustees of the Connecticut State
University System or its designated
representatives, and subject to the approval of
the said board of trustees, prepare plans and
specifications for the construction of the parking
garage and may construct such garage.
(c) Upon the request of the city of New
Haven, the Connecticut Department of Public Works
may provide all customary design build services
pursuant to subdivision (4) of section 4b-24 of
the general statutes, in order to construct the
parking garage. The city of New Haven shall pay
the standard Department of Public Works fee to
said department for services provided under this
section.
(d) The state of Connecticut, acting by its
Board of Trustees for the Connecticut State
University System, represented by its chairman or
other officer so designated by resolution of the
said board, and the city of New Haven, represented
by its mayor or other officer so designated by
resolution of the board of aldermen, may execute a
lease to the Board of Trustees for the Connecticut
State University System for a period of
twenty-five years, notwithstanding any other
provision of the general statutes concerning lease
periods, pursuant to a net lease which requires
the lessee to pay all expenses of operation,
maintenance, repairs and insurance, and an annual
rental sufficient to pay the principal of such
bonds, together with the interest on such bonds,
as shall be issued by the city of New Haven
pursuant to subdivision (2) of subsection (d) of
this section.
(e) (1) Notwithstanding any provision of the
general statutes, the charter of the city of New
Haven, any special act or ordinance, or any other
provision of law, the board of aldermen of the
city of New Haven is authorized to provide, by
resolution, for the issuance of general obligation
bonds and notes in an amount not exceeding nine
million dollars to finance construction of the
parking garage and appurtenant facilities at
Southern Connecticut State University.
Notwithstanding the provisions of sections 7-206
and 7-371 of the general statutes or any other
provision of law, such bonds shall be dated, shall
bear interest at a rate or rates not exceeding
seven per cent per annum, and shall mature at such
time or times over a period not exceeding
twenty-five years from their date on a maturity
schedule that will substantially equalize the
payment of principal and interest annually, as may
be provided by the bond sale committee of the
board of aldermen prior to the issuance of such
bonds. The bond sale committee shall determine the
form of such bonds, including any interest coupons
to be attached to the bonds, the manner of
execution of the bonds and the bank or trust
company to act as certifying agent, and shall fix
the denominations of such bonds and the place or
places of payment of principal and interest on the
bonds. All bonds issued under the provisions of
this section shall be negotiable instruments under
the provisions of the general statutes and shall
be exempt, both as to principal and interest, from
taxation by the state of Connecticut or any
subdivision of the state. Such bonds may be sold
in such manner and for such price as is determined
by the bond sale committee to be for the best
interest of the city, but no such sale shall be
made at a price so low as to require the payment
of interest on the money received therefor at more
than seven per cent per annum, computed with
relation to the absolute maturity or maturities of
the bonds in accordance with standard tables of
bond values.
(2) Bonds and notes issued under the
provisions of this section shall not be subject to
any statutory limitation on the indebtedness of
the city and such bonds and notes when issued
shall not be included in computing the aggregate
indebtedness of the city in respect of any such
limitation.
(f) The city shall convey the land with the
parking garage and appurtenant facilities to the
Board of Trustees for the Connecticut State
University System, without consideration but only
after receipt of sufficient funds to pay the
principal of and interest on said bonds and only
when the terms and conditions of the lease
agreement entered into between the Board of
Trustees for the Connecticut State University
System and the city of New Haven shall have been
fully performed.
Sec. 3. Subdivision (20) of subsection (a) of
section 12-701 of the general statutes, as amended
by section 9 of public act 97-309, is repealed and
the following is substituted in lieu thereof:
(20) "Connecticut adjusted gross income" means
adjusted gross income, with the following
modifications: (A) There shall be added thereto
(i) to the extent not properly includable in gross
income for federal income tax purposes, any
interest income from obligations issued by or on
behalf of any state, political subdivision
thereof, or public instrumentality, state or local
authority, district or similar public entity,
exclusive of such income from obligations issued
by or on behalf of the state of Connecticut, any
political subdivision thereof, or public
instrumentality, state or local authority,
district or similar public entity created under
the laws of the state of Connecticut and exclusive
of any such income with respect to which taxation
by any state is prohibited by federal law, (ii)
any exempt-interest dividends, as defined in
Section 852(b)(5) of the Internal Revenue Code,
exclusive of such exempt-interest dividends
derived from obligations issued by or on behalf of
the state of Connecticut, any political
subdivision thereof, or public instrumentality,
state or local authority, district or similar
public entity created under the laws of the state
of Connecticut and exclusive of such
exempt-interest dividends derived from
obligations, the income with respect to which
taxation by any state is prohibited by federal
law, (iii) any interest or dividend income on
obligations or securities of any authority,
commission or instrumentality of the United States
which federal law exempts from federal income tax
but does not exempt from state income taxes, (iv)
to the extent included in gross income for federal
income tax purposes for the taxable year, the
total taxable amount of a lump sum distribution
for the taxable year deductible from such gross
income in calculating federal adjusted gross
income, (v) to the extent properly includable in
determining the net gain or loss from the sale or
other disposition of capital assets for federal
income tax purposes, any loss from the sale or
exchange of obligations issued by or on behalf of
the state of Connecticut, any political
subdivision thereof, or public instrumentality,
state or local authority, district or similar
public entity created under the laws of the state
of Connecticut, in the income year such loss was
recognized, (vi) to the extent deductible in
determining federal adjusted gross income, any
income taxes imposed by this state, (vii) to the
extent deductible in determining federal adjusted
gross income, any interest on indebtedness
incurred or continued to purchase or carry
obligations or securities the interest on which is
exempt from tax under this chapter and (viii)
expenses paid or incurred during the taxable year
for the production or collection of income which
is exempt from taxation under this chapter or the
management, conservation or maintenance of
property held for the production of such income,
and the amortizable bond premium for the taxable
year on any bond the interest on which is exempt
from tax under this chapter to the extent that
such expenses and premiums are deductible in
determining federal adjusted gross income. (B)
There shall be subtracted therefrom (i) to the
extent properly includable in gross income for
federal income tax purposes, any income with
respect to which taxation by any state is
prohibited by federal law, (ii) to the extent
allowable under section 12-718, exempt dividends
paid by a regulated investment company, (iii) the
amount of any refund or credit for overpayment of
income taxes imposed by this state, or any other
state of the United States or a political
subdivision thereof, or the District of Columbia
or any province of Canada, to the extent properly
includable in gross income for federal income tax
purposes, (iv) to the extent properly includable
in gross income for federal income tax purposes,
any tier 1 railroad retirement benefits, (v) with
respect to any natural person who is a shareholder
of an S corporation which is carrying on, or which
has the right to carry on, business in this state,
as said term is used in section 12-214, the amount
of such shareholder's pro rata share of such
corporation's nonseparately computed items, as
defined in Section 1366 of the Internal Revenue
Code, that is subject to tax under chapter 208, in
accordance with subsection (c) of section 12-217,
AS AMENDED, multiplied by such corporation's
apportionment fraction, if any, as determined in
accordance with section 12-218, AS AMENDED, (vi)
to the extent properly includable in gross income
for federal income tax purposes, any interest
income from obligations issued by or on behalf of
the state of Connecticut, any political
subdivision thereof, or public instrumentality,
state or local authority, district or similar
public entity created under the laws of the state
of Connecticut, (vii) to the extent properly
includable in determining the net gain or loss
from the sale or other disposition of capital
assets for federal income tax purposes, any gain
from the sale or exchange of obligations issued by
or on behalf of the state of Connecticut, any
political subdivision thereof, or public
instrumentality, state or local authority,
district or similar public entity created under
the laws of the state of Connecticut, in the
income year such gain was recognized, (viii) any
interest on indebtedness incurred or continued to
purchase or carry obligations or securities the
interest on which is subject to tax under this
chapter but exempt from federal income tax, to the
extent that such interest on indebtedness is not
deductible in determining federal adjusted gross
income and is attributable to a trade or business
carried on by such individual, (ix) ordinary and
necessary expenses paid or incurred during the
taxable year for the production or collection of
income which is subject to taxation under this
chapter but exempt from federal income tax, or the
management, conservation or maintenance of
property held for the production of such income,
and the amortizable bond premium for the taxable
year on any bond the interest on which is subject
to tax under this chapter but exempt from federal
income tax, to the extent that such expenses and
premiums are not deductible in determining federal
adjusted gross income and are attributable to a
trade or business carried on by such individual,
[and] (x) an amount equal to the difference
between the amount of Social Security benefits
includable for federal income tax purposes under
the provisions of Section 13215 of the Omnibus
Budget Reconciliation Act of 1993 and fifty per
cent of the amount of such Social Security
benefits includable for federal income tax
purposes under the provisions of the Internal
Revenue Code of 1986, or any subsequent
corresponding internal revenue code of the United
States, as from time to time amended, prior to
August 10, 1993, AND (xi) TO THE EXTENT PROPERLY
INCLUDABLE IN THE GROSS INCOME FOR FEDERAL INCOME
TAX PURPOSES OF A DESIGNATED BENEFICIARY, ANY
DISTRIBUTION TO SUCH BENEFICIARY FROM ANY
QUALIFIED STATE TUITION PROGRAM, AS DEFINED IN
SECTION 529(b) OF THE INTERNAL REVENUE CODE,
ESTABLISHED AND MAINTAINED BY THIS STATE OR ANY
OFFICIAL, AGENCY OR INSTRUMENTALITY OF THE STATE.
With respect to a person who is the beneficiary of
a trust or estate, there shall be added or
subtracted, as the case may be, from adjusted
gross income such person's share, as determined
under section 12-714, in the Connecticut fiduciary
adjustment.
Sec. 4. Section 3-31b of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) Notwithstanding any contrary provision of
law, the State Treasurer may establish one or more
combined investment funds for the purpose of
investing funds for which the Treasurer is
custodian or trustee, OR FUNDS WHICH THE BOARDS OF
TRUSTEES OF THE UNIVERSITY OF CONNECTICUT, THE
CONNECTICUT STATE UNIVERSITY SYSTEM OR THE
REGIONAL COMMUNITY-TECHNICAL COLLEGES REQUEST THE
TREASURER TO INVEST PURSUANT TO THIS SECTION,
provided the Treasurer shall adopt appropriate
accounting procedures from which the exact
interest of such funds so combined for investment
can be determined. The State Treasurer is
authorized to sell to all agencies,
instrumentalities and political subdivisions of
the state, participation units in any such
combined investment fund established by him
pursuant to this section. Such participation units
issued by the Treasurer under the provisions of
this section are made legal investments for all
the funds of, held by or administered by all
agencies, instrumentalities and political
subdivisions of the state. The Treasurer may adopt
such rules and regulations as may be necessary to
administer the provisions of this section.
(b) All costs of operating each such combined
investment fund, including the cost of personnel
and contractual services shall be paid by the
Treasurer charging the income derived from said
fund.
Sec. 5. Subsection (a) of section 5 of public
act 97-293 is repealed and the following is
substituted in lieu thereof:
(a) (1) The Board of Trustees of the
Connecticut State University System shall
establish a permanent Endowment Fund for the
Connecticut State University System to encourage
donations from the private sector, with an
incentive in the form of an endowment fund state
grant, the net earnings on the principal of which
are dedicated and made available to a state
university or the Connecticut State University
system as a whole, for endowed professorships,
scholarships and programmatic enhancements. The
fund shall be administered by the board of
trustees, or by a nonprofit entity entrusted for
such purpose and qualified as a Section 501(c)(3)
organization under the Internal Revenue Code of
1986, or any subsequent corresponding internal
revenue code of the United States, as from time to
time amended, and preferably constituted and
controlled independent of the state and university
so as to qualify the interest on state bonds the
proceeds of which have been granted for deposit in
the endowment fund as excludable from federal
taxation under such code and shall, in any event,
be held in a trust fund [with a bank or trust
company] separate and apart from all other funds
and accounts of the state and university. There
shall be deposited into the fund: (A) Endowment
fund state grants; and (B) interest or other
[income earned on] EARNINGS FROM the investment of
moneys in the endowment fund pending application
or transfer or use of earnings on the principal of
the fund for the purposes identified in this
subdivision. Endowment fund eligible gifts made on
behalf of a state university or the system as a
whole shall be deposited in a permanent endowment
fund created for each such state university and
the system as a whole in the appropriate
foundation established pursuant to sections 4-37e
and 4-37f. A portion of the [interest] income
earned on investments in the endowment fund
established pursuant to this section to be used
for the purposes described in this subdivision
shall be transferred to such a state university
endowment fund based on the ratio of the total
amount of such gifts made to such state university
to the total amount of all such gifts made to all
the state universities and the system as a whole.
(2) For each of the fiscal years ending June
30, 2000, to June 30, 2009, inclusive, as part of
the state contract with donors of endowment fund
eligible gifts, the Department of Higher
Education, in accordance with section 1 of [this
act] PUBLIC ACT 97-293, shall deposit in the
Endowment Fund for the Connecticut State
University System a grant in an amount equal to
half of the total amount of endowment fund
eligible gifts received by or for the benefit of
the Connecticut State University system as a whole
and each state university for the calendar year
ending the December thirty-first preceding the
commencement of such fiscal year, as certified by
the chairperson of the board of trustees by
February fifteenth to (A) the Secretary of the
Office of Policy and Management, (B) the joint
standing committee of the General Assembly having
cognizance of matters relating to appropriations
and the budgets of state agencies, and (C) the
Commissioner of Higher Education, provided such
sums do not exceed the endowment fund state grant
maximum commitment for the fiscal year in which
the grant is made. In any such fiscal year in
which the total of the eligible gifts received by
the Connecticut State University system as a whole
and each state university exceed the endowment
fund state grant maximum commitment for such
fiscal year the amount in excess of such endowment
fund state grant maximum commitment shall be
carried forward and be eligible for a matching
state grant in any succeeding fiscal year from the
fiscal year ending June 30, 2000, to the fiscal
year ending June 30, 2009, inclusive, subject to
the endowment fund state grant maximum commitment.
(3) The Board of Trustees of the Connecticut
State University System shall adopt, by October 1,
1997, guidelines with respect to (A) the
solicitation of endowment fund eligible gifts from
private donors, and (B) governing the acceptance
of gifts made by a foundation established pursuant
to sections 4-37e and 4-37f, to a state university
or its employees for reimbursement of expenditures
or payment of expenditures on behalf of a state
university or its employees. Private donations
shall not be construed to include proceeds of
federal grants but may include proceeds of
municipal grants.
Sec. 6. (a) The Board of Trustees of the
Connecticut State University System may lease a
tract of land to a private developer to construct
a building on the south side of Ella Grasso
Boulevard on the Central Connecticut State
University campus. Upon the request of the board
of trustees, the Department of Public Works may
contract with a developer to construct the
building to be completed by an agreed upon date
certain, on a design-build basis and with a
maximum cost. The project consisting of this
building shall house private enterprise and
university services to meet the needs of
university students, faculty, staff and the
community-at-large.
(b) Any such contract shall provide that the
developer: (1) Construct one building which
complies with all applicable federal and state
laws and regulations; (2) supply the funds
necessary for costs associated with the
construction and operation of the building; (3)
post a performance bond and have and maintain
adequate insurance for the project; (4) be granted
full ownership rights to the building for a term
certain, which term shall permit the developer to
recoup its investment in the construction and
operation of the building and be consistent with
the needs of the university, but shall not exceed
thirty years; (5) reserve a portion of such
building for use by Central Connecticut State
University at no charge during such period; and
(6) convey its interest in the building to the
board of trustees at the end of the term granted
pursuant to subdivision (4) of this subsection.
(c) If the board of trustees requests the
Department of Public Works to enter into a
contract with the developer: (1) The department
shall provide customary design build services
pursuant to subdivision (4) of section 4b-24 of
the general statutes; (2) the department shall
render its services to the board of trustees for
its standard department fee and the board shall be
reimbursed for said services by the developer; (3)
the department, in consultation with and subject
to the approval of the board of trustees, shall
assume primary responsibility for the preparation
of the request for proposal to be provided to
potential developers which shall include aesthetic
concerns of the university and the right of the
university to approve prospective tenants; (4) the
department shall expedite the services it renders
in the project; (5) the board of trustees and the
university shall provide the developer with access
to utility connections, be responsible for
landscaping and maintenance to all areas outside
the building and provide a reasonable number of
parking spaces for tenants of the building
consistent with other needs of the university; (6)
the Commissioner of Public Works and the board of
trustees shall agree on a cooperative system to
carry out the provisions of this section with due
regard to the needs and concerns of the board of
trustees; and (7) any requests for proposal for
the project shall be submitted after notice and
specifications of such project are advertised, at
least once, in a newspaper having substantial
circulation in the Hartford-New Britain area.
Sec. 7. Notwithstanding any provision of
chapter 66 of the general statutes, any former
member of the General Assembly who (1) served
between January 7, 1981, and January 7, 1987, and
(2) was previously employed by The University of
Connecticut Educational Properties, Incorporated
(UCEPI) for at least nine years between August 1,
1986, and September 30, 1996, may elect to become
a member of tier I of the state employees
retirement system for such periods provided such
former member (A) provides written notification of
his election to the State Employees Retirement
Commission not later than October 1, 1998, and (B)
makes retirement contributions for each year of
his service as a member of the General Assembly
and as an employee of UCEPI, based upon his salary
for such year, equal to those he would have made
had he been a member of tier I of the state
employees retirement system during such periods,
plus interest thereon at the rate of five per cent
per year from the date of his entry into such
service to the date of payment. No such service
credit shall be granted until payment of all
contributions and interest is completed.
Sec. 8. Section 8 of special act 97-20 is
amended to read as follows:
(a) Notwithstanding any provision of the
general statutes to the contrary, the Commissioner
of Transportation shall convey to the town of
Trumbull, subject to the approval of the State
Properties Review Board and at a cost equal to the
administrative costs of making such conveyance, a
parcel of land located in the town of Trumbull AND
THE CITY OF BRIDGEPORT, having an area of
approximately 3.35 acres and identified as Parcel
No. 36 on town of Trumbull Tax Assessor's Map I12.
(b) The town of Trumbull shall use said
parcel of land for affordable housing purposes. If
the town of Trumbull (1) does not use said parcel
for said purposes, (2) does not retain ownership
of all of said parcel, or (3) leases all or any
portion of said parcel, the parcel shall revert to
the state of Connecticut.
(c) The State Properties Review Board shall
complete its review of the conveyance of said
parcel of land not later than thirty days after it
receives a proposed agreement from the Department
of Transportation. The land shall remain under the
care and control of said department until a
conveyance is made in accordance with the
provisions of this section. The State Treasurer
shall execute and deliver any deed or instrument
necessary for a conveyance under this section,
which deed or instrument shall include provisions
to carry out the purposes of subsection (b) of
this section, and the Commissioner of
Transportation shall have the sole responsibility
for all other incidents of such conveyance.
Sec. 9. Section 19 of public act 97-11 of the
June 18 special session is repealed and the
following is substituted in lieu thereof:
(a) Notwithstanding any provision of the
general statutes to the contrary, the Commissioner
of Environmental Protection shall convey to the
town of Franklin, subject to the approval of the
State Properties Review Board and at a cost equal
to the administrative costs of making such
conveyance, a parcel of land located in the
Franklin wildlife management area and the
structure known as the "Franklin House" which is
located on said parcel. The Commissioner of
Environmental Protection shall determine the
boundaries of said parcel of land, which shall
abut Route 32, have an area of approximately [one
acre] TWO ACRES and contain no structures other
than the Franklin House AND TWO BARNS.
(b) Said parcel of land shall be conveyed
subject to the condition that the town of Franklin
grants to the Commissioner of Environmental
Protection access to the well located on said
parcel of land.
(c) The town of Franklin shall use said
parcel of land for museum, LIBRARY OR OTHER
MUNICIPAL purposes. If the town of Franklin (1)
does not use said parcel for said purposes [,] OR
(2) does not retain ownership of all of said
parcel, [or (3) leases all or any portion of said
parcel,] the parcel shall revert to the state of
Connecticut.
(d) The State Properties Review Board shall
complete its review of the conveyance of said
parcel of land not later than thirty days after it
receives a proposed agreement from the Department
of Environmental Protection. The land shall remain
under the care and control of said department
until a conveyance is made in accordance with the
provisions of this section. The State Treasurer
shall execute and deliver any deed or instrument
necessary for a conveyance under this section,
which deed or instrument shall include provisions
to carry out the purposes of subsection (c) of
this section, and the Commissioner of
Environmental Protection shall have the sole
responsibility for all other incidents of such
conveyance.
Sec. 10. (a) Notwithstanding any provision of
the general statutes to the contrary, the
Commissioner of Correction shall convey to the
town of Cheshire, subject to the approval of the
State Properties Review Board and at a cost equal
to the administrative costs of making such
conveyance, a parcel of land located in the town
of Cheshire, having an area of approximately ten
acres. Said parcel of land is generally triangular
and is bordered on the east by Route 10 and on the
west by the Manson Youth Institute access road.
(b) The town of Cheshire shall use said
parcel of land for recreational purposes or may
lease all or any portion of said parcel for
recreational purposes. If the town of Cheshire:
(1) Does not use said parcel for recreational
purposes;
(2) Does not retain ownership of all of said
parcel; or
(3) Leases all or any portion of said parcel
for nonrecreational purposes,
the parcel shall revert to the state of
Connecticut.
(c) The State Properties Review Board shall
complete its review of the conveyance of said
parcel of land not later than thirty days after it
receives a proposed agreement from the Department
of Correction. The land shall remain under the
care and control of the Department of Correction
until a conveyance is made in accordance with the
provisions of this section. The State Treasurer
shall execute and deliver any deed or instrument
necessary for a conveyance under this section,
which deed or instrument shall include provisions
to carry out the purposes of subsection (b) of
this section, and the Commissioner of Correction
shall have the sole responsibility for all other
incidents of such conveyance. The conveyance under
this section shall not reduce the state grants in
lieu of taxes to the town of Cheshire which are
required under chapter 201 of the general
statutes.
Sec. 11. The Commissioner of Public Works
shall transfer to the Commissioner of Agriculture,
custody and control of a parcel of land located at
the Fairfield Hills Hospital, which parcel is
bounded by the new bypass road, Nunnawauk Road,
the Department of Correction property and the
Fairfield Hills eastern property line as
designated on Figure 3 of a report prepared by the
task force to study the use of the Fairfield Hills
State Property, Newtown, Connecticut, entitled "A
Re-Use Plan for Fairfield Hills", dated June,
1994.
Sec. 12. The town of Avon may use for
purposes of constructing and operating public
schools or other public educational facilities the
five parcels of land acquired pursuant to a
judgment in accordance with the provisions of
number 232 of the special acts of 1963 and
identified in the judgment filed in the Avon Town
Clerk's Office on June 26, 1964. The town of Avon
may exchange said parcels of land or any part of
said parcels for other parcels of land of
comparable value to said town, provided the town
shall use said other parcels for the purposes of
recreation and conservation or constructing and
operating public schools or other educational
facilities.
Sec. 13. (a) Notwithstanding any provision of
the general statutes to the contrary, the
Commissioner of Transportation shall convey to the
town of Southbury, subject to the approval of the
State Properties Review Board and at a cost equal
to the administrative costs of making such
conveyance, a parcel of land located in the town
of Southbury, having an area of approximately
10,191 square feet and identified as a
triangular-shaped parcel of state property along
the Seymour/Southbury Road (Rte. 67), adjacent to
property now or formerly of Americo DaSilva, in
the Southford section of Southbury.
(b) The town of Southbury shall use said
parcel of land for open space purposes. If the
town of Southbury:
(1) Does not use said parcel for said
purposes;
(2) Does not retain ownership of all of said
parcel; or
(3) Leases all or any portion of said parcel,
the parcel shall revert to the state of
Connecticut.
(c) The State Properties Review Board shall
complete its review of the conveyance of said
parcel of land not later than thirty days after it
receives a proposed agreement from the Department
of Transportation. The land shall remain under the
care and control of said department until a
conveyance is made in accordance with the
provisions of this section. The State Treasurer
shall execute and deliver any deed or instrument
necessary for a conveyance under this section,
which deed or instrument shall include provisions
to carry out the purposes of subsection (b) of
this section, and the Commissioner of
Transportation shall have the sole responsibility
for all other incidents of such conveyance.
Sec. 14. (a) Notwithstanding any provision of
the general statutes to the contrary, the
Commissioner of Mental Retardation shall convey to
the Southbury Land Trust, Inc., subject to the
approval of the State Properties Review Board and
at a cost equal to the administrative costs of
making such conveyance, two parcels of land
located in the town of Southbury and described as
follows: (1) Lot 26 in Block 84 on town of
Southbury Tax Assessor's Map 17, which parcel has
an area of approximately 27.15 acres and (2) lot
26A on said Block 84, which parcel has an area of
approximately 12.73 acres.
(b) The Southbury Land Trust, Inc. shall use
said parcels of land for open space purposes. If
the Southbury Land Trust, Inc.:
(1) Does not use said parcels for said
purposes;
(2) Does not retain ownership of all of said
parcels; or
(3) Leases all or any portion of either said
parcel,
the parcels shall revert to the state of
Connecticut.
(c) The State Properties Review Board shall
complete its review of the conveyance of said
parcel of land not later than thirty days after it
receives a proposed agreement from the Department
of Mental Retardation. The land shall remain under
the care and control of said department until a
conveyance is made in accordance with the
provisions of this section. The State Treasurer
shall execute and deliver any deed or instrument
necessary for a conveyance under this section,
which deed or instrument shall include provisions
to carry out the purposes of subsection (b) of
this section, and the Commissioner of Mental
Retardation shall have the sole responsibility for
all other incidents of such conveyance.
Sec. 15. (a) Notwithstanding any provision of
the general statutes to the contrary, the
Commissioner of Environmental Protection shall
convey to the town of East Lyme, subject to the
approval of the State Properties Review Board and
at a cost equal to the administrative costs of
making such conveyance, a parcel of land located
in the town of East Lyme, having an area of
approximately 3.5 acres and identified as the
portion of Lot 14 on town of East Lyme Tax
Assessor's Map 10-3 which is bounded and described
approximately as follows: Starting at the
Southwest Corner of Lot 19 going Northwesterly
388.49' to West Main Street, then Southwesterly
along West Main Street 175' to a Corner of Lot 20,
then 158' Southeasterly to another Corner of Lot
20, then 118' Southwesterly to another Corner of
Lot 20, the 130' Northwesterly to another Corner
of Lot 20 at West Main Street, then 180'
Southwesterly along West Main Street to a 50' long
curve at Giants Neck Road, then 237.5'
Southeasterly to the Corner of Lot 21, then
Northeasterly 276' to another Corner of Lot 21,
then Southeasterly 183' to a Brooklet, then
Northeasterly along this meandering Brooklet to
the Point of Beginning.
(b) The town of East Lyme shall use said
parcel of land for historical park and exhibition
purposes or may lease all or any portion of said
parcel to town-sponsored nonprofit organizations
for such purposes. If the town of East Lyme:
(1) Does not use said parcel for historical
park and exhibition purposes;
(2) Does not retain ownership of all of said
parcel; or
(3) Leases all or any portion of said parcel
except to town-sponsored nonprofit organizations
for such purposes,
the parcel shall revert to the state of
Connecticut.
(c) The State Properties Review Board shall
complete its review of the conveyance of said
parcel of land not later than thirty days after it
receives a proposed agreement from the Department
of Environmental Protection. The land shall remain
under the care and control of said department
until a conveyance is made in accordance with the
provisions of this section. The State Treasurer
shall execute and deliver any deed or instrument
necessary for a conveyance under this section,
which deed or instrument shall include provisions
to carry out the purposes of subsection (b) of
this section, and the Commissioner of
Environmental Protection shall have the sole
responsibility for all other incidents of such
conveyance.
Sec. 16. (a) Notwithstanding any provision of
the general statutes to the contrary, the
Commissioner of Transportation shall convey to the
town of Haddam, upon completion of environmental
remediation by the Department of Transportation,
subject to the approval of the State Properties
Review Board and at a cost equal to the
administrative costs of making such conveyance, a
parcel of land located at 85 Bridge Street in the
town of Haddam, having an area of approximately
2.4 acres and further identified as the property
shown on a map entitled "Town of Haddam, Plan
Showing Land to be Acquired from Clara T. Wiseburn
by the State of Connecticut, East
Haddam-Tylerville Road, Scale 1"=40', Apr. 1952,
G. Albert Hill, Highway Commissioner".
(b) The town of Haddam shall use said parcel
of land for tourism purposes. If the town of
Haddam:
(1) Does not use said parcel for said
purposes;
(2) Does not retain ownership of all of said
parcel; or
(3) Leases all or any portion of said parcel,
the parcel shall revert to the state of
Connecticut.
(c) The State Properties Review Board shall
complete its review of the conveyance of said
parcel of land not later than thirty days after it
receives a proposed agreement from the Department
of Transportation. The land shall remain under the
care and control of said department until a
conveyance is made in accordance with the
provisions of this section. The State Treasurer
shall execute and deliver any deed or instrument
necessary for a conveyance under this section,
which deed or instrument shall include provisions
to carry out the purposes of subsection (b) of
this section, and the Commissioner of
Transportation shall have the sole responsibility
for all other incidents of such conveyance.
Sec. 17. (a) Notwithstanding any provision of
the general statutes to the contrary, the
Commissioner of Transportation shall convey to the
town of Willington, subject to the approval of the
State Properties Review Board and at a cost equal
to the administrative costs of making such
conveyance, a parcel of land located in the town
of Willington, having an area of approximately
8.108 acres and identified as the parcel of land
on the westerly side of State Route 32, with
appurtenances on the parcel, if any, as shown on a
map entitled "Town of Willington, Map Showing Land
Transferred to the Department of Transportation by
the State of Connecticut, Department of
Environmental Protection, Scale 1"=40', April,
1992, Town No. 160, Project No. MISC., Serial No.
33, Sheet 1 of 1."
(b) The town of Willington shall use said
parcel of land for recreational purposes. If the
town of Willington:
(1) Does not use said parcel for said
purposes;
(2) Does not retain ownership of all of said
parcel; or
(3) Leases all or any portion of said parcel,
the parcel shall revert to the state of
Connecticut.
(c) The State Properties Review Board shall
complete its review of the conveyance of said
parcel of land not later than thirty days after it
receives a proposed agreement from the Department
of Transportation. The land shall remain under the
care and control of said department until a
conveyance is made in accordance with the
provisions of this section. The State Treasurer
shall execute and deliver any deed or instrument
necessary for a conveyance under this section,
which deed or instrument shall include provisions
to carry out the purposes of subsection (b) of
this section, and the Commissioner of
Transportation shall have the sole responsibility
for all other incidents of such conveyance.
Sec. 18. (a) Notwithstanding any provision of
the general statutes to the contrary, the
Commissioner of Transportation shall convey to the
Borough of Naugatuck, subject to the approval of
the State Properties Review Board and at a cost
equal to the administrative costs of making such
conveyance, a parcel of land located in the
Borough of Naugatuck, having an area of
approximately 2.41 acres and identified as Block
20W33 on Borough of Naugatuck Tax Assessor's Map
3.
(b) The Borough of Naugatuck shall use said
parcel of land for economic development purposes.
If the Borough of Naugatuck:
(1) Does not use said parcel for said
purposes,
(2) Does not retain ownership of all of said
parcel, or
(3) Leases all or any portion of said parcel,
the parcel shall revert to the state of
Connecticut.
(c) The State Properties Review Board shall
complete its review of the conveyance of said
parcel of land not later than thirty days after it
receives a proposed agreement from the Department
of Transportation. The land shall remain under the
care and control of said department until a
conveyance is made in accordance with the
provisions of this section. The State Treasurer
shall execute and deliver any deed or instrument
necessary for a conveyance under this section,
which deed or instrument shall include provisions
to carry out the purposes of subsection (b) of
this section, and the Commissioner of
Transportation shall have the sole responsibility
for all other incidents of such conveyance.
Sec. 19. (a) Notwithstanding any provision of
the general statutes to the contrary, the
Commissioner of Public Works shall convey to the
town of Newtown, subject to the approval of the
State Properties Review Board and at a cost equal
to the administrative costs of making such
conveyance, a parcel of land located in the town
of Newtown, having an area of approximately 21.66
acres and described as the corridor of land that
closely parallels both sides of Deep Brook from
the railroad tracks on the west to the Fairfield
Hills Hospital property line on the east. The
actual boundaries of said parcel of land are
determined by a land survey entitled "Open space
parcel along Deep Brook to be conveyed to the Town
of Newtown", CAD No. 1486-DB.DWG pages 1 and 2
dated 3/17/98, which is part of the total
Fairfield Hills Hospital land survey to be
provided by the Department of Public Works.
(b) The town of Newtown shall use said parcel
of land for open space and recreational purposes.
If the town of Newtown:
(1) Does not use said parcel for said
purposes,
(2) Does not retain ownership of all of said
parcel, or
(3) Leases all or any portion of said parcel,
the parcel shall revert to the state of
Connecticut.
(c) The State Properties Review Board shall
complete its review of the conveyance of said
parcel of land not later than thirty days after it
receives a proposed agreement from the Department
of Public Works. The land shall remain under the
care and control of said department until a
conveyance is made in accordance with the
provisions of this section. The State Treasurer
shall execute and deliver any deed or instrument
necessary for a conveyance under this section,
which deed or instrument shall include provisions
to carry out the purposes of subsection (b) of
this section, and the Commissioner of Public Works
shall have the sole responsibility for all other
incidents of such conveyance.
Sec. 20. (a) Notwithstanding any provision of
the general statutes to the contrary, the
Commissioner of Transportation shall convey to the
town of Killingly, subject to the approval of the
State Properties Review Board and at a cost equal
to the administrative costs of making such
conveyance, a parcel of land located in the town
of Killingly, having an area of approximately 5.2
acres and identified as Lot 18 in Block 355 on
town of Killingly Tax Assessor's Map 4707.
(b) The town of Killingly shall use said
parcel of land for economic development purposes
or may lease all or any portion of said parcel for
economic development purposes. If the town of
Killingly:
(1) Does not use said parcel for economic
development purposes,
(2) Does not retain ownership of all of said
parcel except for any sale for economic
development purposes, or
(3) Leases all or any portion of said parcel
for noneconomic development purposes,
the parcel shall revert to the state of
Connecticut.
(c) The State Properties Review Board shall
complete its review of the conveyance of said
parcel of land not later than thirty days after it
receives a proposed agreement from the Department
of Transportation. The land shall remain under the
care and control of said department until a
conveyance is made in accordance with the
provisions of this section. The State Treasurer
shall execute and deliver any deed or instrument
necessary for a conveyance under this section,
which deed or instrument shall include provisions
to carry out the purposes of subsection (b) of
this section, and the Commissioner of
Transportation shall have the sole responsibility
for all other incidents of such conveyance.
Sec. 21. (a) Notwithstanding any provision of
the general statutes to the contrary, the
Commissioner of Economic and Community Development
may convey title to the structures located at
88-102 Smith Street in the city of Bridgeport to
an eligible developer, as defined in subsection
(u) of section 8-39 of the general statutes, which
demonstrates the willingness and financial ability
to rehabilitate such structures and maintain their
status as affordable housing.
(b) The State Treasurer shall execute and
deliver any deed or instrument necessary for a
conveyance under this section and the Commissioner
of Economic and Community Development shall have
the sole responsibility for all other incidents of
such conveyance.
Sec. 22. (a) Notwithstanding any provision of
the general statutes to the contrary, the
Commissioner of Public Works shall convey to the
town of Greenwich, subject to the approval of the
State Properties Review Board and at a cost equal
to the administrative costs of making such
conveyance, a parcel of land located at the
junction of Route U.S. 1, Boston Post Road and
South Beach Avenue in the town of Greenwich,
having an area of approximately .49 acre and
bounded and described as follows:
NORTHERLY: By the Junction of Route U.S. 1,
the Boston Post Road and South
Beach Avenue;
EASTERLY: By South Beach Avenue;
SOUTHERLY: By Old Greenwich Lane and land now
or formerly of Harold C. and
William M. Rich, each in part;
WESTERLY: By Route U.S. 1, Boston Post Road;
together with buildings thereon, and the same
being a portion of the premises contained in an
Executrix Deed, dated October 18, 1916, and
recorded in the Greenwich Land Records in Volume
159 at Page 148.
(b) The town of Greenwich shall use said
parcel of land for open space purposes. If the
town of Greenwich:
(1) Does not use said parcel for said
purposes,
(2) Does not retain ownership of all of said
parcel, or
(3) Leases all or any portion of said parcel,
the parcel shall revert to the state of
Connecticut.
(c) The State Properties Review Board shall
complete its review of the conveyance of said
parcel of land not later than thirty days after it
receives a proposed agreement from the Department
of Public Works. The land shall remain under the
care and control of said department until a
conveyance is made in accordance with the
provisions of this section. The State Treasurer
shall execute and deliver any deed or instrument
necessary for a conveyance under this section,
which deed or instrument shall include provisions
to carry out the purposes of subsection (b) of
this section, and the Commissioner of Public Works
shall have the sole responsibility for all other
incidents of such conveyance.
Sec. 23. Section 19 of special act 97-20 is
amended to read as follows:
(a) Notwithstanding any provision of the
general statutes to the contrary, the Commissioner
of Veterans' Affairs shall convey to the town of
Rocky Hill, subject to the approval of the State
Properties Review Board and at a cost equal to the
administrative costs of making such conveyance, a
[fifty] SEVENTY-FIVE acre portion of two parcels
of land located adjacent to the Veterans' Home and
Hospital in the town of Rocky Hill, which parcels
are the same parcels of land described in a
memorandum from the Office of Policy and
Management to all state agency heads, dated March
12, 1997, and entitled "Request for Re-use
Proposals - State Land in Rocky Hill".
(b) The town of Rocky Hill shall use said
[fifty] SEVENTY-FIVE acre portion of said parcels
of land for recreational, educational, open space
or other municipal public purposes. If the town of
Rocky Hill (1) does not use said portion for any
such purpose, (2) does not retain ownership of all
of said portion or (3) leases all or any part of
said portion, the portion shall revert to the
state of Connecticut.
(c) The State Properties Review Board shall
complete its review of the conveyance of said
portion of said parcels of land not later than
thirty days after it receives a proposed agreement
from the Department of Veterans' Affairs. The land
shall remain under the care and control of said
department until a conveyance is made in
accordance with the provisions of this section.
The State Treasurer shall execute and deliver any
deed or instrument necessary for a conveyance
under this section, which deed or instrument shall
include provisions to carry out the purposes of
subsection (b) of this section, and the
Commissioner of Veterans' Affairs shall have the
sole responsibility for all other incidents of
such conveyance.
Sec. 24. This act shall take effect from its
passage, except that sections 1 to 7, inclusive,
shall take effect July 1, 1998.
Approved June 8, 1998