Connecticut Seal

General Assembly

Amendment

 

February Session, 2016

LCO No. 4886

   
 

*SB0001904886SRO*

Offered by:

 

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.

To: Subst. Senate Bill No. 19

File No. 672

Cal. No. 275

"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 and sections 2 to 5, inclusive, of this act:

(1) "Authority" means the Capital Region Development Authority created pursuant to section 32-601 of the general statutes;

(2) "Authority development project" means a project occurring within the boundaries of a development district in which the authority is involved;

(3) "Development district" means an area around a transit station, determined by a memorandum of agreement between the authority and the chief executive officer of the municipality where such transit station is located and approved by the legislative body of the municipality where such transit station is located, provided such area shall not exceed a one-half mile radius of such transit station;

(4) "Department" means the Department of Transportation;

(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) (1) In addition to the members of the board of directors listed under subsection (b) of section 32-601 of the general statutes, the chief elected official of each municipality in which an authority development project is planned, or such official's designee, shall serve as an ad hoc, voting member of the board solely for matters directly affecting such municipality and not including matters pertaining to the general operations of the authority.

(2) In addition to the members of the board of directors listed under subsection (b) of section 32-601 of the general statutes, the executive director of the regional council of governments for the planning region in which an authority development project is planned, or such executive director's designee, shall serve as an ad hoc, nonvoting member of the board solely for matters directly affecting such region and not including matters pertaining to the general operations of the authority.

(3) In addition to the members of the board of directors listed under subsection (b) of section 32-601 of the general statutes, the legislative body of the municipality in which an authority development project is planned shall appoint a representative of the minority community to serve as an ad hoc, nonvoting member of the board solely for matters directly affecting such community and not including matters pertaining to the general operations of the authority.

Sec. 2. (NEW) (Effective October 1, 2016) (a) The Capital Region Development Authority 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; (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; and (5) upon request of the Secretary of the Office of Policy and Management, enter into an agreement to facilitate development or redevelopment within a development district.

(b) For the purposes enumerated in subsection (a) of this section, the authority is authorized and empowered to:

(1) 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;

(2) 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;

(3) 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 authority determines;

(4) Enter into memoranda of understanding as the authority deems appropriate to carry out its responsibilities under this section; and

(5) Do all acts and things necessary or convenient to carry out the purposes of, and the powers expressly granted by, this section.

(c) In addition to the powers enumerated in subsection (b) of this section, the Capital Region Development Authority shall have the following powers with respect to authority 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 authority development projects, provided such activity is consistent with all applicable federal tax covenants of the authority; (B) to transfer or dispose of any property or interest therein acquired by the authority 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 authority development projects, provided such activities are consistent with all applicable federal tax covenants of the authority;

(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 board of directors shall ensure that such contracts or agreements are in compliance with the covenants of the authority 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 authority 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 authority, and to utilize net revenues received by the authority 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 authority, 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 authority;

(5) To engage architects, engineers, attorneys, accountants, consultants and such other independent professionals as may be necessary or desirable to carry out authority development projects;

(6) To contract for construction, development, concessions and the procurement of goods and services, and to establish and modify procurement procedures from time to time in accordance with the provisions of section 3 of this act to implement the foregoing;

(7) To borrow money; and

(8) To engage in and contract for marketing and promotional activities for authority development projects under the operation or jurisdiction of the authority.

(d) Prior to taking any action in a development district, the Capital Region Development Authority 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 authority 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 authority, 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.

(e) Nothing in sections 1 to 5, inclusive, of this act shall be construed as exempting development projects of the Capital Region Development Authority on privately or municipally owned property from municipal zoning, subdivision or wetland regulations, municipal plans of conservation and development or any municipal ordinance.

(f) Nothing in sections 1 to 5, inclusive, of this act shall be construed as limiting the authority of the Capital Region Development Authority to enter into agreements, to facilitate development or redevelopment of state property or facilities.

Sec. 3. (NEW) (Effective October 1, 2016) (a) In lieu of the report required under section 1-123 of the general statutes, within the first ninety days of each fiscal year of the Capital Region Development Authority, the board of directors of the authority shall submit a report to the Governor, the Auditors of Public Accounts and the joint standing committee of the General Assembly having cognizance of matters relating to planning and development. Such report shall include, but not be limited to, the following: (1) A description of each authority development project in which the authority is involved, its location and the amount of funds, if any, provided by the authority with respect to the construction of such project; (2) a list of all outside individuals and firms, including principal and other major stockholders, receiving in excess of five thousand dollars as payments for services; (3) a comprehensive annual financial report prepared in accordance with generally accepted accounting principles for governmental enterprises; and (4) a description of planned activities for the current fiscal year.

(b) The authority shall designate a contract compliance officer from its staff to monitor compliance of the operations of facilities and parking facilities associated with authority development projects that are under the management or control of the authority, with (1) the provisions of state law applicable to such operations, and (2) applicable requirements of contracts entered into by the authority relating to set-asides for small contractors and minority business enterprises and required efforts to hire available and qualified members of minorities, as defined in section 32-9n of the general statutes. Each year during the period of operations of facilities associated with authority development projects, such officer shall file a written report with the authority as to findings and recommendations regarding such compliance.

Sec. 4. (NEW) (Effective October 1, 2016) (a) Any person, including, but not limited to, a state or municipal agency, requesting funds from the state, including, but not limited to, any authority created by the general statutes or any public or special act, with respect to any authority development project shall, at the time it makes such request for funds from the state, present a full and complete copy of its application or request along with any supporting documents or exhibits to the authority for its recommendation and to the Secretary of the Office of Policy and Management. The Capital Region Development Authority shall, not later than ninety days after receipt of such application or request, prepare and adopt an economic development statement summarizing its recommendations with respect to such application or request and deliver such statement to the state officer, official, employee or agent of the state or authority to whom such application or request was made. In preparing such economic development statement, the Capital Region Development Authority shall consider any written statement submitted by the regional council of governments for the planning region in which the authority development project is planned or the neighborhood revitalization zone committee for the area that includes or is proximate to the location in which the authority development project is planned. The recommendations in such statement shall include contract provisions regarding performance standards, including, but not limited to, project timelines.

(b) Notwithstanding any provision of the general statutes, public or special acts, any regulation or procedure or any other law, no officer, official, employee or agent of the state or any authority created by the general statutes or any public or special act, shall expend any funds on any authority development project, unless such officer, official, employee or agent has received an economic development statement adopted by the Capital Region Development Authority pursuant to subsection (a) of this section, except that if no such statement is received by the date ninety days from the date of the initial application or request for such funds, such funds may be expended. If funds are expended pursuant to this subsection in a manner not consistent with the recommendations contained in an economic development statement for such expenditure, the officer, official, employee or agent of the state expending such funds shall respond in writing to the authority, providing an explanation of the decision with respect to such expenditure.

(c) The Capital Region Development Authority shall coordinate the use of all state, municipal and quasi-public agency planning and financial resources that are made available for any authority development project in which the authority is involved.

(d) All state agencies, departments, boards, commissions, councils and quasi-public agencies shall cooperate with the Transit Corridor Development Assistance Authority in carrying out the purposes set forth in section 2 of this act.

Sec. 5. Section 32-617 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

The state shall protect, save harmless and indemnify the Capital Region Development Authority and its directors, officers and employees from financial loss and expense, including legal fees and costs, if any, arising out of any claim, demand, suit or judgment based upon any alleged act or omission of the authority or any such director, officer or employee in connection with, or any other legal challenge to, the overall project, as defined in section 32-651, stadium facility operations, as defined in section 32-651, public act 98-1 of the December special session, public act 99-241 or public act 00-140, including without limitation the preparation by the authority of the environmental impact evaluation contemplated by subsection (j) of section 32-664, or authority development projects within a development district, provided any such director, officer or employee is found to have been acting in the discharge of such director, officer or employee's duties or within the scope of such director, officer or employee's employment and any such act or omission is found not to have been wanton, reckless, wilful or malicious. "

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2016

New section

Sec. 2

October 1, 2016

New section

Sec. 3

October 1, 2016

New section

Sec. 4

October 1, 2016

New section

Sec. 5

October 1, 2016

32-617