February Session, 2016
LCO No. 4880
SEN. MARTIN, 31st Dist.
SEN. LINARES, 33rd Dist.
REP. LAVIELLE, 143rd Dist.
REP. BYRON, 27th Dist.
REP. ZAWISTOWSKI, 61st Dist.
REP. SIMANSKI, 62nd Dist.
REP. WILMS, 142nd Dist.
"AN ACT ESTABLISHING THE TRANSIT CORRIDOR DEVELOPMENT ASSISTANCE AUTHORITY. "
Strike everything after the enacting clause and substitute the following in lieu thereof:
"Section 1. (NEW) (Effective October 1, 2016) (a) For purposes of this section:
(1) "Office development project" means a project occurring within the boundaries of a development district in which the office is involved;
(2) "Development district" means an area around a transit station, determined by a memorandum of agreement between the Office of Policy and Management and the chief executive officer of the municipality where such transit station is located and approved by the legislative body of such municipality, provided such area shall not exceed a one-half mile radius of such transit station;
(3) "Department" means the Department of Transportation;
(4) "Office" means the Office of Policy and Management;
(5) "State-wide transportation investment program" means the planning document developed and updated at least every four years by the department in compliance with the requirements of 23 USC 135, listing all transportation projects in the state expected to receive federal funding during the four-year period covered by the program; and
(6) "Transit station" means any passenger railroad station or Hartford-New Britain busway project station that is operational, or for which the department has initiated planning or that is included in the state-wide transportation investment program. "Transit station" does not mean any Hartford-New Britain busway project station located wholly within a municipality that (A) is included in the capital region, as defined in section 32-600 of the general statutes, and (B) has a Hartford-New Britain busway project station that is operational on January 1, 2016.
(b) The Office of Policy and Management shall: (1) Stimulate new investment and economic and transit-oriented development, as defined in section 13b-79kk of the general statutes, within development districts through cooperation and coordination with the municipalities wherein each such development district is located; (2) stimulate tourism, art, culture, history, education and entertainment in such development districts through cooperation and coordination with the municipalities wherein each such development district is located, regional organizations and the Department of Economic and Community Development; (3) manage facilities through contractual agreement or other legal instrument; and (4) upon request from the legislative body of a municipality wherein a development district is located, work with such municipality to assist in the development and redevelopment efforts to stimulate the economy of the region.
(c) For the purposes enumerated in subsection (b) of this section, the Office of Policy and Management is authorized and empowered to:
(1) Engage consultants, attorneys and appraisers as may be necessary or desirable to carry out its purposes;
(2) Acquire, lease, purchase, own, manage, hold and dispose of personal property, and lease, convey or deal in or enter into agreements with respect to such property on any terms necessary or incidental to carrying out the purposes set forth in this section;
(3) Procure insurance against any liability or loss in connection with its property and other assets, in such amounts and from such insurers as it deems desirable and to procure insurance for employees;
(4) Invest any funds not needed for immediate use or disbursement in obligations issued or guaranteed by the United States of America or the state of Connecticut, including the Short Term Investment Fund and the Tax-Exempt Proceeds Fund, and in other obligations that are legal investments for savings banks in this state, and in time deposits or certificates of deposit or other similar banking arrangements secured in such manner as the office determines; and
(5) Enter into memoranda of understanding as the office deems appropriate to carry out its responsibilities under this section.
(d) The office shall have the following powers with respect to office development projects:
(1) (A) To acquire by gift, purchase, lease or transfer, lands or rights-in-land and to sell and lease or sublease, as lessor or lessee or sublessor or sublessee, any portion of its real property rights, including air space above, and enter into related common area maintenance, easement, access, support and similar agreements, and own and operate facilities associated with office development projects, provided such activity is consistent with all applicable federal tax covenants of the office; (B) to transfer or dispose of any property or interest therein acquired by the office at any time; and (C) to receive and accept aid or contributions from any source of money, labor, property or other thing of value, to be held, used and applied to carry out the purposes of this section, subject to the conditions upon which such grants and contributions are made, including, but not limited to, gifts or grants from any department, agency or instrumentality of the United States or this state for any purpose consistent with this section;
(2) To formulate plans for, acquire, finance and develop, lease, purchase, construct, reconstruct, repair, improve, expand, extend, operate, maintain and market facilities associated with office development projects, provided such activities are consistent with all applicable federal tax covenants of the office;
(3) To contract and be contracted with, provided if management, operating or promotional contracts or agreements or other contracts or agreements are entered into with nongovernmental parties with respect to property financed with the proceeds of obligations, the interest on which is excluded from gross income for federal income taxation, the office shall ensure that such contracts or agreements are in compliance with the covenants of the office upon which such tax exclusion is conditioned;
(4) To fix and revise, from time to time, and to charge and collect fees, rents and other charges for the use, occupancy or operation of office development projects, and to establish and revise from time to time procedures concerning the use, operation and occupancy of facilities associated with such projects, including parking rates, rules and procedures, provided such arrangements are consistent with all applicable federal tax covenants of the office, and to utilize net revenues received by the office from the operation of such facilities, after allowance for operating expenses and other charges related to the ownership, operation or financing thereof, for other proper purposes of the office, including, but not limited to, funding of operating deficiencies or operating or capital replacement reserves for such facilities and related parking facilities, as determined to be appropriate by the office;
(5) To engage architects, engineers, attorneys, accountants, consultants and such other independent professionals as may be necessary or desirable to carry out office development projects; and
(6) To engage in and contract for marketing and promotional activities for office development projects under the operation or jurisdiction of the office.
(e) The office and the Capital Region Development Authority, established pursuant to chapter 588x of the general statutes, may enter into a memorandum of agreement pursuant to which: (1) Administrative support and services, including all staff support necessary for the operations of the office pursuant to this section may be provided by the Capital Region Development Authority, and (2) provision is made for the coordination of management and operational activities that may include: (A) Joint procurement and contracting; (B) the sharing of services and resources; (C) the coordination of promotional activities; and (D) other arrangements designed to enhance revenues, reduce operating costs or achieve operating efficiencies. The terms and conditions of such memorandum of agreement, including provisions with respect to the reimbursement by the office to the Capital Region Development Authority of the costs of such administrative support and services, shall be as the office and the Capital Region Development Authority determine to be appropriate.
(f) Prior to taking any action in a development district, the office and municipality where such development district is located shall enter into a memorandum of agreement. Such memorandum shall include, but not be limited to: (1) Defined responsibilities of the office and the municipality with regard to such development district; (2) identification of the properties within such development district that are controlled or owned by the office, the state, the municipality or a private entity; (3) long and short range plans for the development district, including any foreseeable changes of use or control of properties located therein; (4) identification and allocation of revenue sources for projects within such development district, including, but not limited to, taxes, fees, rental income or parking; (5) agreement as to the types of activities that will require a public hearing and the types of requests that will require a public hearing, which may include a request submitted by the neighborhood revitalization committee for the area that includes or is proximate to the development district; (6) agreement as to additional methods for soliciting community involvement; and (7) specifications regarding how the memorandum of agreement may be terminated.
(g) Nothing in this section shall be construed as exempting development projects of the office on privately or municipally owned property from municipal zoning, subdivision or wetland regulations, municipal plans of conservation and development or any municipal ordinance. "
This act shall take effect as follows and shall amend the following sections:
October 1, 2016