Sec. 22a-483. Bond issue for Clean Water Fund projects. General obligation bonds. Revenue bonds.
Sec. 22a-498. Creation of stormwater authority. Members. Purposes. Powers.
Sec. 22a-498a. Municipal stormwater authority located in a distressed municipality. Powers.
Sec. 22a-498b. Delinquent charges due to municipal stormwater authority. Liens.
Sec. 22a-424a. Map of anticipated sewer overflows and sewage spills. Notice of reported sewage spills and permitted sewage bypasses. Electronic reporting of sewage spill and permitted sewage bypass. Notice to municipal chief elected official, local public health official, potentially impacted downstream officials and the public. Real-time public notification system. Sewage spills annual report. Violation. (a) For the purposes of this section:
(1) “Sewage treatment plant or collection system” means any sewage treatment plant, water pollution control facility, related pumping station, collection system or other public sewage works;
(2) “Sewage spill” means the diversion of wastes from any portion of a sewage treatment plant or collection system in this state;
(3) “Combined sewer” means structures which are designed to convey both sanitary and storm sewage, and allow the overflow of such combined sewage, untreated, to the waters of the state during periods of high flows; and
(4) “Electronic report” means a reporting form that uses an electronic format as prescribed by the Commissioner of Energy and Environmental Protection.
(b) On and after July 1, 2013, the Commissioner of Energy and Environmental Protection shall post, on the department's Internet web site, a map of the state indicating where sewage spills, anticipated combined sewer overflows and permitted sewage bypasses occur. The Internet web site shall include all information posted pursuant to subdivision (1) of subsection (c) of this section and shall be current.
(c) (1) On and after July 1, 2014, not later than two hours after receipt of any report submitted pursuant to subdivision (2) of this subsection, the Commissioner of Energy and Environmental Protection shall post, on the department's Internet web site, notice of any such reported sewage spills and permitted sewage bypasses. Any notice or report posted pursuant to this subsection shall contain the following relevant information as best determined by the operator of the sewage treatment plant or collection system that filed the subject report: (A) The estimated volume or rate of discharge and, once known, the final volume discharged; (B) the level of treatment of the discharge; (C) the date and time the incident occurred; (D) the location of the discharge; (E) once known, the estimated or actual time the discharge ceased; (F) the geographic area impacted by the discharge; (G) once known, the steps taken to contain the discharge; (H) reasonable public health, safety or welfare concerns or environmental concerns; and (I) public safety precautions that should be taken.
(2) On and after July 1, 2018, not later than two hours after becoming aware of any sewage spill or permitted sewage bypass, the operator of a sewage treatment plant or collection system shall submit an electronic report to the Department of Energy and Environmental Protection that includes all of the information required for any notice or report posted in accordance with the provisions of subdivision (1) of this subsection. Such report shall be updated by the operator on a daily basis for each additional day that the sewage spill or permitted sewage bypass continues after the submittal of the initial report and until such time as the sewage spill or permitted sewage bypass ceases.
(3) On and after July 1, 2018, not later than two hours after becoming aware of any sewage spill or permitted sewage bypass that reaches a water body or may come in contact with the general public, the operator of a sewage treatment plant or collection system shall notify the chief elected official, or such official's designee, and the local public health official of the municipality where the sewage spill or permitted sewage bypass occurred and the chief elected official, or such official's designee, and the local public health official of any municipality that may be potentially impacted downstream by such spill or sewage bypass. As soon as practicable, but not later than two hours after receipt of any such notice pursuant to this subdivision, each such chief elected official, in conjunction with the local public health official, shall inform the public of any sewage spill or permitted sewage bypass that has the potential to impact public health, safety or the environment. Any such information provided to the public may be provided through the use of social media and shall be provided in each predominant language spoken by the residents of such municipality.
(4) Not later than December 1, 2021, the Department of Energy and Environmental Protection shall implement a real-time public notification system, through which the public may choose to be notified of any sewage spills or permitted sewage bypasses as such sewage spills or permitted sewage bypasses are reported electronically to said department. Such real-time public notifications shall occur not later than two hours after said department's receipt of any such report.
(5) Not later than February 1, 2022, and annually thereafter, the Department of Energy and Environmental Protection shall publish and make publicly available on the department's Internet web site an annual report that includes a summary of the sewage spills that occurred within each municipality during such year, a summary of sewage spills that reached named or identified water bodies, a summary of the total volume of each category of sewage spill and any enforcement actions taken by the department related to such sewage spills.
(d) Any report to the Department of Energy and Environmental Protection that is required pursuant to section 22a-430-3 of the regulations of Connecticut state agencies shall be submitted as an electronic report.
(e) The failure to file an electronic report pursuant to any provision of this section shall be deemed a violation of the provisions of this section for purposes of section 22a-438.
(P.A. 12-11, S. 1; P.A. 18-97, S. 2; P.A. 21-42, S. 1.)
History: P.A. 12-11 effective July 1, 2012; P.A. 18-97 amended Subsec. (a) by adding Subdiv. (4) defining “electronic report”, amended Subsec. (c) by designating existing provisions re notice of unanticipated sewage spills and waters of the state that have chronic and persistent sewage contamination as Subdiv. (1), redesignating existing Subdivs. (1) to (9) as Subparas. (A) to (I), adding Subdiv. (2) re submission of electronic report of sewage spill to the Department of Energy and Environmental Protection and adding Subdiv. (3) re notice to chief elected municipal official of sewage spill that exceeds 5,000 gallons, amended Subsec. (d) by making a conforming change, added Subsec. (e) re electronic reports pursuant to Sec. 22a-430-3 of the regulations of Connecticut state agencies, added Subsec. (f) re the failure to file electronic report as a violation, and made technical changes, effective June 7, 2018; P.A. 21-42 amended Subsec. (a)(2) by redefining “sewage spill”, amended Subsec. (b) by requiring map to indicate where sewage spills, anticipated combined sewer overflows and permitted sewage bypasses occur, deleting reference to sewer overflows occurring during storm events and provisions re information that may be included on department's Internet web site and adding requirement that web site include all information posted pursuant to Subsec. (c)(1), substantially revised Subsec. (c) re notice and report of sewage spills and permitted sewage bypasses in Subdivs. (1) to (3) and added Subdivs. (4) and (5) re real-time public notification system and annual report of sewage spills, respectively, deleted former Subsec. (d) re consulting Commissioner of Public Health concerning notice requirements and redesignated existing Subsecs. (e) and (f) as Subsecs. (d) and (e).
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Sec. 22a-483. Bond issue for Clean Water Fund projects. General obligation bonds. Revenue bonds. (a) For the purposes of sections 22a-475 to 22a-483, inclusive, the State Bond Commission shall have the power, from time to time to authorize the issuance of bonds of the state in one or more series and in principal amounts, not exceeding in the aggregate two billion sixty-five million one hundred twenty-five thousand nine hundred seventy-six dollars, provided one hundred million dollars of said authorization shall be effective July 1, 2022.
(b) The proceeds of the sale of any bonds, state bond anticipation notes or state grant anticipation notes issued pursuant to sections 22a-475 to 22a-483, inclusive, shall be deposited in the Clean Water Fund and not less than fifty million dollars of such proceeds shall be deposited in the Long Island Sound clean-up account of said fund.
(c) All provisions of section 3-20, or the exercise of any right or power granted thereby which are not inconsistent with the provisions of sections 22a-475 to 22a-483, inclusive, are hereby adopted and shall apply to all bonds authorized by the State Bond Commission pursuant to said sections, and temporary notes in anticipation of the money to be derived from the sale of any such bonds so authorized may be issued in accordance with said section 3-20 and from time to time renewed. None of said bonds shall be authorized except upon a finding by the State Bond Commission that there has been filed with it a request for such authorization, which is signed by or on behalf of the Secretary of the Office of Policy and Management and states such terms and conditions as said commission, in its discretion, may require. Said bonds issued pursuant to sections 22a-475 to 22a-483, inclusive, may be general obligations of the state and in such case the full faith and credit of the state of Connecticut are pledged for the payment of the principal of and interest on said bonds as the same become due, and accordingly and as part of the contract of the state with the holders of said bonds, appropriation of all amounts necessary for punctual payment of such principal and interest is hereby made, and the Treasurer shall pay such principal and interest as the same become due. Such general obligation bonds shall mature at such time or times not exceeding twenty years from their respective dates as may be provided in or pursuant to the resolution or resolutions of the State Bond Commission authorizing such general obligation bonds. The state, acting by and through the State Bond Commission, is hereby authorized to issue from time to time general obligation bonds in such sums as is appropriate and necessary to meet the state's matching requirement for eligibility pursuant to the federal Water Quality Act of 1987 or the federal Safe Drinking Water Act or other similar federal act, provided such sums shall not exceed the aggregate principal amounts of bonds authorized pursuant to subsection (a) of this section. Whenever such bonds are so authorized, the state's obligations shall be issued on such terms and conditions as shall be determined and established by the Treasurer. Such bonds shall bear such rate of interest as the treasurer shall determine, by reference to such open market indices for obligations having similar terms and characteristics as the Treasurer shall determine relevant, in order to arrive at a taxable rate of interest on the obligations of the state issued and sold to the Clean Water Fund. The Treasurer shall deliver such bonds to the Clean Water Fund upon the receipt of evidence from the Environmental Protection Agency evidencing satisfaction by the state of its federal matching requirement pursuant to the federal Water Quality Act of 1987 or the federal Safe Drinking Water Act or other similar federal act.
(d) Notwithstanding the foregoing, nothing herein shall preclude the State Bond Commission from authorizing the issuance of revenue bonds, in principal amounts not exceeding in the aggregate four billion four hundred eighty-six million eighty thousand dollars, provided two hundred thirty-seven million dollars of said authorization shall be effective July 1, 2022, that are not general obligations of the state of Connecticut to which the full faith and credit of the state of Connecticut are pledged for the payment of the principal and interest. Such revenue bonds shall mature at such time or times not exceeding thirty years from their respective dates as may be provided in or pursuant to the resolution or resolutions of the State Bond Commission authorizing such revenue bonds. The revenue bonds, revenue state bond anticipation notes and revenue state grant anticipation notes authorized to be issued under sections 22a-475 to 22a-483, inclusive, shall be special obligations of the state and shall not be payable from nor charged upon any funds other than the revenues or other receipts, funds or moneys pledged therefor as provided in said sections 22a-475 to 22a-483, inclusive, including the repayment of municipal loan obligations; nor shall the state or any political subdivision thereof be subject to any liability thereon except to the extent of such pledged revenues or the receipts, funds or moneys pledged therefor as provided in said sections 22a-475 to 22a-483, inclusive. The issuance of revenue bonds, revenue state bond anticipation notes and revenue state grant anticipation notes under the provisions of said sections 22a-475 to 22a-483, inclusive, shall not directly or indirectly or contingently obligate the state or any political subdivision thereof to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. The revenue bonds, revenue state bond anticipation notes and revenue state grant anticipation notes shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the state or of any political subdivision thereof, except the property mortgaged or otherwise encumbered under the provisions and for the purposes of said sections 22a-475 to 22a-483, inclusive. The substance of such limitation shall be plainly stated on the face of each revenue bond, revenue state bond anticipation note and revenue state grant anticipation note issued pursuant to said sections 22a-475 to 22a-483, inclusive, shall not be subject to any statutory limitation on the indebtedness of the state and such revenue bonds, revenue state bond anticipation notes and revenue state grant anticipation notes, when issued, shall not be included in computing the aggregate indebtedness of the state in respect to and to the extent of any such limitation. As part of the contract of the state with the owners of such revenue bonds, revenue state bond anticipation notes and revenue state grant anticipation notes, all amounts necessary for the punctual payment of the debt service requirements with respect to such revenue bonds, revenue state bond anticipation notes and revenue state grant anticipation notes shall be deemed appropriated, but only from the sources pledged pursuant to said sections 22a-475 to 22a-483, inclusive. The proceeds of such revenue bonds or notes may be deposited in the Clean Water Fund for use in accordance with the permitted uses of such fund. Any expense incurred in connection with the carrying out of the provisions of this section, including the costs of issuance of revenue bonds, revenue state bond anticipation notes and revenue state grant anticipation notes may be paid from the accrued interest and premiums or from any other proceeds of the sale of such revenue bonds, revenue state bond anticipation notes or revenue state grant anticipation notes and in the same manner as other obligations of the state. All provisions of subsections (g), (k), (l), (s) and (u) of section 3-20 or the exercise of any right or power granted thereby which are not inconsistent with the provisions of said sections 22a-475 to 22a-483, inclusive, are hereby adopted and shall apply to all revenue bonds, state revenue bond anticipation notes and state revenue grant anticipation notes authorized by the State Bond Commission pursuant to said sections 22a-475 to 22a-483, inclusive. For the purposes of subsection (o) of section 3-20, “bond act” shall be construed to include said sections 22a-475 to 22a-483, inclusive.
(e) Any pledge made by the state pursuant to sections 22a-475 to 22a-483, inclusive, is a statutory pledge and shall be valid and binding from the time when the pledge is made, and any revenues or other receipts, funds or moneys so pledged and thereafter received by the state shall be subject immediately to the lien of such pledge without any physical delivery thereof or further act. The lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the state, irrespective of whether such parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be recorded. Any pledge made by the state pursuant to sections 22a-475 to 22a-483, inclusive, to secure revenue bonds issued to finance eligible water quality projects shall secure only revenue bonds issued for such purpose and any such pledge made by the state to secure revenue bonds issued to finance eligible drinking water projects shall secure only revenue bonds issued for such purpose.
(f) Whenever the General Assembly has authorized the State Bond Commission to authorize bonds of the state for clean water projects and uses and has found that such projects and uses are for any of the purposes set forth in sections 22a-475 to 22a-483, inclusive, and whenever the State Bond Commission finds that the authorization of such bonds will be in the best interests of the state, the State Bond Commission shall authorize the issuance of such bonds from time to time in one or more series and in principal amounts not exceeding the aggregate amount authorized by the General Assembly.
(g) Whenever the state has a written commitment to receive a grant-in-aid or similar form of assistance with respect to a project or program for which the issuance of bonds has been authorized pursuant to sections 22a-475 to 22a-483, inclusive, the Treasurer may issue state grant anticipation notes in anticipation of the issuance of such a grant-in-aid or other assistance provided (1) the total amount of such notes shall not exceed the amount of the grant commitment which has not been paid to the state and (2) all grant payments with respect to such project or program received by the state, to the extent required, shall be applied promptly toward repayment of such temporary notes as the same shall become due and payable, or shall be deposited in trust for such purpose. Notes evidencing such borrowings shall be signed by the manual or facsimile signature of the Treasurer or his deputy. The principal of and interest on any state grant anticipation notes issued pursuant to this subsection may be repaid from the proceeds of renewals thereof, from grants-in-aid or other assistance pledged for the payment thereof, or from the proceeds of a credit facility including, but not limited to, a letter of credit or policy of bond insurance.
(h) Bonds, state bond anticipation notes and state grant anticipation notes issued pursuant to sections 22a-475 to 22a-483, inclusive, are hereby made securities in which public officers and public bodies of the state and its political subdivisions, all insurance companies, credit unions, building and loan associations, investment companies, banking associations, trust companies, executors, administrators, trustees and other fiduciaries and pension, profit-sharing and retirement funds may properly and legally invest funds, including capital in their control or belonging to them. Such bonds, state bond anticipation notes and state grant anticipation notes are hereby made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the state for any purpose for which the deposit of bonds, state bond anticipation notes, state grant anticipation notes or other obligations of the state is now or may hereafter be authorized by law.
(i) The proceedings under which bonds are authorized to be issued may, subject to the provisions of the general statutes, contain any or all of the following: (1) Provisions respecting custody of the proceeds from the sale of the bonds and any bond anticipation notes, including any requirements that such proceeds be held separate from or not be commingled with other funds of the state; (2) provisions for the investment and reinvestment of bond proceeds utilized to pay project costs and for the disposition of any excess bond proceeds or investment earnings thereon; (3) provisions for the execution of reimbursement agreements or similar agreements in connection with credit facilities, including, but not limited to, letters of credit or policies of bond insurance, remarketing agreements and agreements for the purpose of moderating interest rate fluctuations, and of such other agreements entered into pursuant to section 3-20a; (4) provisions for the collection, custody, investment, reinvestment and use of the pledged revenues or other receipts, funds or moneys pledged therefor as provided in sections 22a-475 to 22a-483, inclusive; (5) provisions regarding the establishment and maintenance of reserves, sinking funds and any other funds and accounts as shall be approved by the State Bond Commission in such amounts as may be established by the State Bond Commission, and the regulation and disposition thereof, or the establishment of a reserve fund of the state into which may be deposited any moneys appropriated and made available by the state for such fund, any proceeds of the sale of bonds or notes, to the extent provided in the resolution of the state authorizing the issuance thereof, and any other moneys which may be made available to the state for the purpose of such fund from any source whatever and, in lieu of the deposit of any such moneys, evidence by the state of the satisfaction of a federal matching requirement on the part of the state pursuant to the federal Water Quality Act of 1987 or the federal Safe Drinking Water Act or other related federal act, as applicable, including requirements that any such funds and accounts be held separate from or not be commingled with other funds of the state; (6) covenants for the establishment of pledged revenue coverage requirements for the bonds and state bond anticipation notes; (7) provisions for the issuance of additional bonds on a parity with bonds theretofore issued, including establishment of coverage requirements with respect thereto as herein provided; (8) provisions regarding the rights and remedies available in case of a default to bondowners, noteowners or any trustee under any contract, loan agreement, document, instrument or trust indenture, including the right to appoint a trustee to represent their interests upon occurrence of an event of default, as defined in said proceedings, provided that if any bonds or state bond anticipation notes shall be secured by a trust indenture, the respective owners of such bonds or notes shall have no authority except as set forth in such trust indenture to appoint a separate trustee to represent them; (9) provisions for the payment of rebate amounts; and (10) provisions or covenants of like or different character from the foregoing which are consistent with sections 22a-475 to 22a-483, inclusive, and which the State Bond Commission determines in such proceedings are necessary, convenient or desirable in order to better secure the bonds or state bond anticipation notes, or will tend to make the bonds or state bond anticipation notes more marketable, and which are in the best interests of the state. Any provision which may be included in proceedings authorizing the issuance of bonds hereunder may be included in an indenture of trust duly approved in accordance with sections 22a-475 to 22a-483, inclusive, which secures the bonds and any notes issued in anticipation thereof, and in such case the provisions of such indenture shall be deemed to be a part of such proceedings as though they were expressly included therein.
(j) Whether or not any bonds, state bond anticipation notes or state grant anticipation notes issued pursuant to sections 22a-475 to 22a-483, inclusive, are of such form and character as to be negotiable instruments under the terms of title 42a, such bonds, state bond anticipation notes and state grant anticipation notes are hereby made negotiable instruments within the meaning of and for all purposes of title 42a, subject only to the provisions of such bonds, state bond anticipation notes and state grant anticipation notes for registration.
(k) The state covenants with the purchasers and all subsequent owners and transferees of bonds, state bond anticipation notes and state grant anticipation notes issued by the state pursuant to sections 22a-475 to 22a-483, inclusive, in consideration of the acceptance of and payment for the bonds, state bond anticipation notes and state grant anticipation notes, that such bonds, state bond anticipation notes and state grant anticipation notes shall be free at all times from taxes levied by any municipality or political subdivision or special district having taxing powers of the state and the principal and interest of any bonds, state bond anticipation notes and grant anticipation notes issued under the provisions of sections 22a-475 to 22a-483, inclusive, their transfer and the income therefrom, including revenues derived from the sale thereof, shall at all times be free from taxation of every kind by the state of Connecticut or under its authority, except for estate or succession taxes. The Treasurer is authorized to include this covenant of the state in any agreement with the owner of any such bonds, state bond anticipation notes or state grant anticipation notes.
(l) Pending the use and application of any bond proceeds, such proceeds may be invested by, or at the direction of the State Treasurer, in obligations listed in section 3-20 or in investment agreements rated within the top rating categories of any nationally recognized rating service or in investment agreements secured by obligations, of or guaranteed by, the United States or agencies or instrumentalities of the United States.
(m) Any revenue bonds issued under the provisions of sections 22a-475 to 22a-483, inclusive, and at any time outstanding may, at any time and from time to time, be refunded by the state by the issuance of its revenue refunding bonds in such amounts as the State Bond Commission may deem necessary, but not to exceed an amount sufficient to refund the principal of the revenue bonds to be so refunded, to pay any unpaid interest thereon and any premiums and commissions necessary to be paid in connection therewith and to pay costs and expenses which the Treasurer may deem necessary or advantageous in connection with the authorization, sale and issuance of refunding bonds. Any such refunding may be effected whether the revenue bonds to be refunded shall have matured or shall thereafter mature. All revenue refunding bonds issued hereunder shall be payable solely from the revenues or other receipts, funds or moneys out of which the revenue bonds to be refunded thereby are payable and shall be subject to and may be secured in accordance with the provisions of this section.
(n) The Treasurer shall have power, out of any funds available therefor, to purchase revenue bonds, state revenue bond anticipation notes and state revenue grant anticipation notes of the state issued pursuant to sections 22a-475 to 22a-483, inclusive. The Treasurer may hold, pledge, cancel or resell such bonds or notes, subject to and in accordance with agreements with bondholders or noteholders, as applicable.
(P.A. 86-420, S. 9, 12; P.A. 87-405, S. 22, 26; 87-571, S. 6, 7; P.A. 88-343, S. 14, 32; P.A. 89-331, S. 21, 30; 89-377, S. 6, 8; P.A. 90-297, S. 14, 24; June Sp. Sess. P.A. 90-1, S. 7, 10; June Sp. Sess. P.A. 91-4, S. 16, 17, 25; P.A. 92-113, S. 1, 2; May Sp. Sess. P.A. 92-7, S. 17, 18, 36; June Sp. Sess. P.A. 93-1, S. 12, 13, 36, 45; May Sp. Sess. P.A. 94-2, S. 10, 11, 203; P.A. 95-272, S. 11, 12, 29; P.A. 96-181, S. 116–118, 121; June 5 Sp. Sess. P.A. 97-1, S. 15, 16, 20; P.A. 98-124, S. 9, 12; 98-259, S. 11, 17; P.A. 99-241, S. 14, 15, 66; June Sp. Sess. P.A. 01-7, S. 6, 7, 28; May 9 Sp. Sess. P.A. 02-5, S. 12; May Sp. Sess. P.A. 04-1, S. 8; May Sp. Sess. P.A. 04-2, S. 58; June Sp. Sess. P.A. 05-5, S. 10, 11; June Sp. Sess. P.A. 07-7, S. 50, 51; Sept. Sp. Sess. P.A. 09-2, S. 5, 6; P.A. 10-44, S. 25, 35; P.A. 11-57, S. 72, 73; P.A. 13-239, S. 65, 66; June Sp. Sess. P.A. 15-1, S. 63, 64; May Sp. Sess. P.A. 16-4, S. 252; June Sp. Sess. P.A. 17-2, S. 447, 448; P.A. 20-1, S. 67, 68; P.A. 21-111, S. 59, 60.)
History: P.A. 87-405 increased the bond authorization from $40,000,000 to $80,000,000; P.A. 87-571 added Subsec. (d) regarding issuance of bonds that are not general obligations of the state; P.A. 88-343 increased the bond authorization to $120,000,000; P.A. 89-331 increased the bond authorization to $220,000,000 and provided that $25,000,000 of the proceeds be deposited in the Long Island Sound account; P.A. 89-377 would have changed aggregate total in Subsec. (a) from $120,000,000 to $145,000,000 but for precedence of P.A. 89-331, reiterated provision of P.A. 89-331 re addition of $25,000,000 to the Long Island Sound clean-up account, provided that the obligations may, rather than shall, be general obligations of the state and added Subdivs. (e) to (l), inclusive; P.A. 90-297 amended Subsec. (a) to increase the bond authorization from $220,000,000 to $345,000,000, amended Subsec. (b) to increase the minimum deposit in the clean water fund from $25,000,000 to $50,000,000, amended Subsec. (c) to require that requests for authorizations be signed by the secretary of the office of policy and management rather than by the commissioner of environmental protection and amended Subsec. (d) to limit revenue bonds to principal amounts not exceeding in the aggregate $100,000,000; June Sp. Sess. 90-1 amended Subsec. (c) to include provisions regarding the issuance of general obligation bonds to meet the matching requirements of federal law and to be delivered to the clean water fund, amended Subsec. (d) to clarify the status and method of issuance of revenue bonds, amended Subsec. (h) to remove credit unions, building and loan associations and investment companies from the list of possible investors, amended Subsec. (i)(3) to clarify the extent to which and manner in which reserve funds could be used, amended Subsec. (k) to reword the provisions concerning state tax exemption and added Subsec. (m), concerning revenue refunding bonds, and Subsec. (n), concerning repurchase of revenue obligations; June Sp. Sess. P.A. 91-4, in Subsec. (a), increased the bond authorization from $345,000,000 to $395,000,000 and in Subsec. (d), increased the bond authorization from $100,000,000 to $300,000,000; P.A. 92-113 amended Subsec. (c) to provide that the rate determined by the treasurer shall be a taxable, rather than tax-exempt, rate; May Sp. Sess. P.A. 92-7 amended Subsec. (a) to increase the bond authorization from $395,000,000 to $425,000,000 and amended Subsec. (d) to increase the bond authorization from $300,000,000 to $330,000,000; June Sp. Sess. P.A. 93-1 amended Subsec. (a) to increase bond authorization to $558,870,000, provided $75,020,000 of said authorization shall be effective July 1, 1994, amended Subsec. (d) to increase bond authorization from $320,000,000 to $475,400,000, provided $51,600,000 of said authorization shall be effective July 1, 1994, and further amended Subsec. (c) to move provision re bond maturity and amended Subsec. (d) to provide that bonds shall mature not more than 30 years from their dates and that expenses of carrying out provisions may be paid from accrued interest and premiums or other sale proceeds, effective July 1, 1993; May Sp. Sess. P.A. 94-2 in Subsec. (a) decreased bond authorization from $558,870,000 to $536,270,000 and in Subsec. (d) decreased bond authorization from $475,400,000 to $466,900,000, effective July 1, 1994; P.A. 95-272 amended Subsec. (a) to increase authorization amount from $536,270,000 to $576,330,000, effective July 1, 1995, provided $23,580,000 shall be effective July 1, 1996, and amended Subsec. (d) to increase authorization amount from $466,900,000 to $633,300,000, effective July 1, 1995, provided $41,000,000 shall be effective July 1, 1996; P.A. 96-181 amended Subsec. (c) and (i) to add federal Safe Drinking Water Act or similar federal act, and amended Subsec. (e) to add provision re securing revenue bonds issued to finance eligible drinking water projects, effective July 1, 1996; June 5 Sp. Sess. P.A. 97-1 amended Subsec. (a) to increase bond authorization from $576,330,000 to $635,330,000 provided $14,000,000 of that authorization is effective July 1, 1998, and amended Subsec. (d) to increase bond authorization from $633,300,000 to $867,900,000 provided $83,300,000 of that authorization is effective July 1, 1998, effective July 31, 1997; P.A. 98-124 amended Subsec. (i)(3) to add agreements entered into pursuant to Sec. 3-20a, effective May 27, 1998; P.A. 98-259 amended Subsec. (a) to decrease authorization from $635,330,000 to $621,330,000 and deleted proviso re use of $14,000,000, effective July 1, 1998; P.A. 99-241 amended Subsec. (a) to increase authorization from $621,330,000 to $717,830,000, effective July 1, 1999, provided $53,100,000 is effective July 1, 2000 and amended Subsec. (d) to increase authorization from $867,900,000 to $999,400,000, effective July 1, 1999, provided $66,900,000 is effective July 1, 2000; June Sp. Sess. P.A. 01-7 amended Subsec. (a) to increase authorization from $717,830,000 to $797,830,000 provided $40,000,000 is effective July 1, 2002, and amended Subsec. (d) to increase authorization from $999,400,000 to $1,238,400,000 provided $158,000,000 is effective July 1, 2002, effective July 1, 2001; May 9 Sp. Sess. P.A. 02-5 amended Subsec. (a) to increase authorization from $797,830,000 to $801,030,000 and to provide that $60,000,000 of said authorization shall be effective July 1, 2003, effective July 1, 2002; May Sp. Sess. P.A. 04-1 amended Subsec. (a) to reduce aggregate authorization to $741,030,000 and deleted provision re funds authorized in 2003, effective July 1, 2004; May Sp. Sess. P.A. 04-2 amended Subsec. (e) to provide that pledges made by the state under Secs. 22a-475 to 22a-483, inclusive, are statutory and not subject to the Uniform Commercial Code, effective May 12, 2004, and applicable to any pledge, lien or security interest of this state or any political subdivision of this state, which was in existence on October 1, 2003, or created after October 1, 2003; June Sp. Sess. P.A. 05-5 amended Subsec. (a) to increase the aggregate authorization from $741,030,000 to $781,030,000, of which $20,000,000 is effective July 1, 2006, and amended Subsec. (d) to increase the aggregate authorization from $1,238,400,000 to $1,338,400,000, of which $100,000,000 is effective July 1, 2006, effective July 1, 2005; June Sp. Sess. P.A. 07-7 amended Subsec. (a) by increasing aggregate authorization from $781,030,000 to $961,030,000, of which $90,000,000 is effective July 1, 2008, and amended Subsec. (d) by increasing aggregate authorization from $1,338,400,000 to $1,753,400,000, of which $180,000,000 is effective July 1, 2008, effective November 2, 2007; Sept. Sp. Sess. P.A. 09-2 amended Subsec. (a) by increasing aggregate authorization from $961,030,000 to $1,066,030,000, of which $40,000,000 is effective July 1, 2010, and amended Subsec. (d) by increasing aggregate authorization from $1,753,400,000 to $1,913,400,000, of which $80,000,000 is effective July 1, 2010, effective September 25, 2009; P.A. 10-44 amended Subsec. (a) by decreasing aggregate authorization from $1,066,030,000 to $1,041,025,976 and by deleting provision re authorization amount effective on July 1, 2010, and amended Subsec. (d) by increasing aggregate authorization from $1,913,400,000 to $1,953,400,000, of which $120,000,000 is effective July 1, 2010, effective July 1, 2010; P.A. 11-57 amended Subsec. (a) to increase authorization from $1,041,025,976 to $1,227,625,976, of which $94,000,000 is effective July 1, 2012, and amended Subsec. (d) to increase authorization from $1,953,400,000 to $2,425,180,000, of which $238,360,000 is effective July 1, 2012, effective July 1, 2011; P.A. 13-239 amended Subsec. (a) to increase aggregate authorization from $1,227,625,976 to $1,512,625,976, of which $218,000,000 is effective July 1, 2014, and amended Subsec. (d) to increase aggregate authorization from $2,425,180,000 to $3,137,580,000, of which $331,970,000 is effective July 1, 2014, effective July 1, 2013; June Sp. Sess. P.A. 15-1 amended Subsec. (a) to increase aggregate authorization from $1,512,625,976, of which $218,000,000 is effective July 1, 2014, to $1,652,625,976, of which $92,500,000 is effective July 1, 2016, and amended Subsec. (d) to increase aggregate authorization from $3,137,580,000, of which $331,970,000 is effective July 1, 2014, to $3,375,580,000, of which $180,000,000 is effective July 1, 2016, effective July 1, 2015; May Sp. Sess. P.A. 16-4 amended Subsec. (a) to decrease aggregate authorization from $1,652,625,976 to $1,630,125,976, effective July 1, 2016; June Sp. Sess. P.A. 17-2 amended Subsec. (a) to increase aggregate authorization from $1,630,125,976 to $1,715,125,976, of which $85,000,000 is effective July 1, 2018, and amended Subsec. (d) to increase aggregate authorization from $3,375,580,000 to $3,884,080,000, of which $350,300,000 is effective July 1, 2018, effective October 31, 2017; P.A. 20-1 amended Subsec. (a) to increase aggregate authorization from $1,715,125,976 to $1,865,125,976, of which $75,000,000 is effective July 1, 2020, effective March 12, 2020, and amended Subsec. (d) to increase aggregate authorization from $3,884,080,000 to $3,968,080,000, effective July 1, 2020; P.A. 21-111 amended Subsec. (a) to increase aggregate authorization from $1,865,125,976 to $2,065,125,976, of which $100,000,000 is effective July 1, 2022, and amended Subsec. (d) to increase aggregate authorization from $3,968,080,000 to $4,486,080,000, of which $237,000,000 is effective July 1, 2022, effective July 1, 2021.
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Sec. 22a-498. Creation of stormwater authority. Members. Purposes. Powers. (a) Any municipality may, by ordinance adopted by its legislative body, designate any existing board or commission or establish a new board or commission as the stormwater authority for such municipality. If a new board or commission is created, such municipality shall, by ordinance, determine the number of members thereof, their compensation, if any, whether such members shall be elected or appointed, the method of their appointment, if appointed, and removal and their terms of office, which shall be so arranged that not more than one-half of such terms shall expire within any one year.
(b) The purposes of the stormwater authority shall be to: (1) Develop a stormwater management program, including, but not limited to, (A) a program for construction and post-construction site stormwater runoff control, including control detention and prevention of stormwater runoff from development sites; or (B) a program for control and abatement of stormwater pollution from existing land uses, and the detection and elimination of connections to the stormwater system that threaten the public health, welfare or the environment; (2) provide public education and outreach in the municipality relating to stormwater management activities and to establish procedures for public participation; (3) provide for the administration of the stormwater management program; (4) establish geographic boundaries of the stormwater authority district; and (5) recommend to the legislative body of the municipality in which such district is located the imposition of a fee upon the interests in real property within such district, subject to the fifteen per cent limitation on, or alternative election to exempt, properties owned by hospitals described in subdivision (3) of subsection (c) of this section, the revenues from which shall be used in carrying out any of the powers of such district. In accomplishing the purposes of this section, the stormwater authority may plan, layout, acquire, construct, reconstruct, repair, maintain, supervise and manage stormwater control systems.
(c) (1) Any stormwater authority created by a municipality pursuant to subsection (a) of this section may levy fees, approved by the legislative body of the municipality in accordance with the provisions of subdivision (3) of this subsection, on property owners of the municipality, except as specified in subdivision (2) of this subsection, for the purposes described in subsection (b) of this section. In establishing fees for properties in its district, the stormwater authority shall consider criteria, including, but not limited to, the following: The area of the property containing impervious surfaces from which stormwater runoff is generated, land use types that result in higher or lower concentrations of stormwater pollution and the grand list valuation of the property. In establishing fees for property in its district, the stormwater authority shall offer partial fee reduction, in the form of a credit for any property owner in its district who has installed and is operating and maintaining current stormwater best management practices that reduce, retain, or treat stormwater onsite and that are approved by the stormwater authority.
(2) In the case of land classified as, and consisting of, farm, forest or open space land, or property owned by the state government, or any of its political subdivisions or respective agencies, the stormwater authority may only levee such fees on areas of such land that contain impervious surfaces from which stormwater discharges to a municipal separate storm sewer system.
(3) Each stormwater authority shall present its budget annually to the legislative body of the municipality for approval. Such budget shall include the specific programs the authority proposes to undertake during the fiscal year for which the budget is presented, the projected expenditures for such programs for the fiscal year and the amount of the fee or fees the authority proposes to levy to pay for such expenditures. In no event shall the aggregate amount of the fees proposed for the fiscal year exceed the aggregate amount of such projected expenditures for the fiscal year and in no event shall more than fifteen per cent of the aggregate amount of the fees proposed for any fiscal year prior to July 1, 2026, be generated from properties located in the municipality that are owned by hospitals that are parties to the settlement agreement with the state approved pursuant to special act 19-1 of the December 2019 special session. The legislative body of the municipality shall ensure that the aggregate amount of the fees approved comply with such fifteen per cent limitation. For each such fiscal year prior to July 1, 2026, the authority shall, not later than thirty days after the conclusion of the fiscal year, (A) conduct a review to ensure that not more than fifteen per cent of the aggregate fees received for such fiscal year were generated from real property located in the municipality that is owned by one or more hospitals that are parties to the settlement agreement described in this subdivision, (B) in the event that the fees received from all such hospitals together exceed fifteen per cent of the aggregate fees received for such fiscal year, the stormwater authority shall rebate any amounts received in excess of fifteen per cent, proportionately, to such hospitals, and (C) provide the results of the stormwater authority's review, in writing to each hospital, regardless of whether a rebate is due. As an alternative to imposing the fee on properties located in the municipality that are owned by hospitals that are parties to such settlement agreement described in this subdivision, the legislative body may approve exemption of such properties from the fee until July 1, 2026. The legislative body of the municipality may approve fee amounts that are less than the amounts proposed by the authority but in no event shall the legislative body of the municipality approve fee amounts that are greater than the amounts proposed by the authority.
(d) Any person aggrieved by the action of a stormwater authority under this section shall have the same rights and remedies for appeal and relief as are provided in the general statutes for taxpayers claiming to be aggrieved by the doings of the assessors or board of assessment appeals.
(e) The authority may adopt municipal regulations to implement the stormwater management program.
(f) The authority may, subject to the commissioner's approval, enter into contracts with any municipal or regional entity to accomplish the purposes of this section.
(g) For purposes of this section and sections 22a-498a and 22a-498b, “municipality” means any town, city, borough, consolidated town and city or consolidated town or borough. “Municipality” does not include any local school district, regional school district, metropolitan district, district, as defined in section 7-324, or any other municipal corporation or authority authorized to issue bonds, notes or other obligations under the provisions of the general statutes or any special act.
(P.A. 07-154, S. 2; P.A. 21-115, S. 1.)
History: P.A. 07-154 effective June 25, 2007; P.A. 21-115 amended Subsec. (a) to delete reference to commissioner selection to participate in pilot program established pursuant to Sec. 22a-497, amended Subsec. (b)(5) to change “levy upon the taxable interests” to “fee upon the interests”, add provision re 15 per cent limitation on or exemption for hospital property described in Subsec. (c)(3) and change “may” to “shall” re use of revenues, amended Subsec. (c) to redesignate existing provisions as Subdiv. (1) and substantially revise same re levying of fees, add Subdiv. (2) re land classified as, and consisting of, farm, forest or open space land and add Subdiv. (3) re presentation of stormwater authority's budget to legislative body of municipality annually, added new Subsec. (d) re aggrieved person's right to appeal, redesignated existing Subsecs. (d) and (e) as Subsecs. (e) and (f), and added Subsec. (g) re definition of “municipality”, effective July 1, 2021.
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Sec. 22a-498a. Municipal stormwater authority located in a distressed municipality. Powers. A municipal stormwater authority created pursuant to section 22a-498 and located in a distressed municipality, as defined in subsection (b) of section 32-9p, having a population of not more than twenty-eight thousand shall constitute a body politic and corporate and the ordinance establishing such authority may confer upon such authority the following powers: (1) To sue and be sued; (2) to acquire, hold and convey any estate, real or personal; (3) to contract; (4) to borrow money, including by the issuance of bonds, provided the issuance of such bonds is approved by the legislative body of the municipality in which such authority district is located; (5) to recommend to the legislative body of such municipality the imposition of fees upon the interests in real property within such authority district, subject to the fifteen per cent limitation on, or alternative election to exempt, properties owned by hospitals described in subdivision (3) of subsection (c) of section 22a-498, the revenues from which shall be used in carrying out any of the powers of such authority; (6) to deposit and expend funds; and (7) to enter property to make surveys, soundings, borings and examinations to accomplish the purposes of section 22a-498. Such stormwater authority and legislative body shall comply with the procedures set forth in subsection (c) of section 22a-498, concerning the fifteen per cent limitation on fees imposed upon, and retrospective review and rebate procedures for fees generated from, properties owned by hospitals described in subdivision (3) of subsection (c) of said section except if such legislative body approves exemption of such properties from the fee until July 1, 2026.
(P.A. 13-222, S. 1; P.A. 21-115, S. 2.)
History: P.A. 21-115 changed “a levy upon the taxable interests” to “fees upon the interests”, added provision re 15 per cent limitation on or exemption for hospital property described in Sec. 22a-498(c)(3), changed “may” to “shall” re use of revenues, and added provisions re stormwater authority and municipal legislative body compliance with procedures set forth in Sec. 22a-498(c), effective July 1, 2021.
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Sec. 22a-498b. Delinquent charges due to municipal stormwater authority. Liens. Any charge due to a municipal stormwater authority and any fee levied pursuant to section 22a-498 and not paid in full on or before thirty days after the due date shall thereupon be delinquent and shall bear interest from the due date at such rates and in such manner as provided for delinquent property taxes under section 12-146. Any such unpaid charge or fee, or portion thereof, shall constitute a lien upon the property against which such charge or fee was levied from the date it became delinquent. Each such lien may be continued, recorded and released in the manner provided by the general statutes for continuing, recording and releasing property tax liens.
(P.A. 13-222, S. 2; P.A. 21-115, S. 3.)
History: P.A. 21-115 added reference to any fee levied, changed “within thirty days of” to “in full on or before thirty days after”, replaced interest rate from rate charged by municipality's tax collector to rate and manner provided for under Sec. 12-146, added “or portion thereof,” and made technical and conforming changes, effective July 1, 2021.
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