Drawing of State Library BuildingConnecticut State Library Home

Connecticut Public Acts 1996

Previous Page TOC Next Page Public Acts Listings


Substitute House Bill No. 5362

PUBLIC ACT NO. 96-68

AN ACT CONCERNING THE DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT AND THE CENTRAL HOUSING AUTHORITY.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 3 of public act 95-250 is repealed and the following is substituted in lieu thereof:

In addition to his other powers and duties, the commissioner shall have the following powers and duties:

(1) To utilize the department's resources for planning and developing an economic and community development reorganization plan which (A) sets forth policy goals for the department, (B) determines strategies to encourage economic and community development and the provision of housing in this state, including housing for very low, low and moderate income families, (C) determines the feasibility of dividing the operation of programs and resources of the state in support of economic and community development between and among the department and CDA, CHFA and CII, (D) identifies strategies to increase the leverage of resources of the state used in furtherance of the purposes of CDA, CHFA and CII, (E) identifies, if feasible, divisions and recommends a timetable and procedures for transferring resources and operations between and among the department and CDA, CHFA and CII and (F) recommends specific economic and community development objectives and administrative structures for the department and CDA, CHFA and CII. In developing such plan, the department shall be the lead agency, in collaboration with CDA, CHFA and CII, for research, planning and development of the plan and shall solicit community and regional input in the preparation of such plan in such a manner as will best help develop, clarify or further state policies for economic and community development. The commissioner shall submit a copy of the reorganization plan to the joint standing committees of the General Assembly having cognizance of matters relating to commerce and planning and development; (2) To propose to the Governor on or before January 1, 1996, legislation to implement the economic and community development reorganization plan described in subdivision (1) of this section; (3) Notwithstanding the provisions of the general statutes or any special act and with the approval of the Treasurer and the Secretary of the Office of Policy and Management, to transfer to CDA, CHFA and CII: (A) Any revenues received by the department or the state in connection with any program or project of the department and the right to receive any such revenues; and (B) any loan assets or equity interests held by the department in connection with any program or project of the department; provided, no such transfer shall be approved by the Treasurer or the Secretary of the Office of Policy and Management if either determines that such transfer could adversely affect the tax-exempt status of any bonds of the state, the substantial interests of third parties, the financial budget of the state or other essential rights, interests, or prerogatives of the state. The commissioner may impose such conditions as he deems necessary or appropriate with respect to the use by CDA, CHFA or CII of any revenues, rights, assets, interests or amounts transferred to it by the department under this subdivision; provided, the commissioner may waive any requirement under this subdivision for the adoption of written procedures until July 1, 1996; (4) To award to CDA, CHFA or CII financial, technical or other assistance. Financial assistance awarded by the department to CDA, CHFA or CII may take any of the following forms, subject to any conditions imposed by the department: (A) Grants; (B) loans; (C) guarantees; (D) contracts of insurance; and (E) investments. In addition, to the extent funds or resources are available to the department for such purposes, the commissioner may provide such further financial or other assistance to CDA, CHFA and CII as the commissioner in his sole discretion deems appropriate for any of the purposes of CDA, CHFA and CII respectively; AND (5) To enter into such agreements with CDA, CHFA and CII as may be appropriate for the purpose of performing its duties which agreements may include, but shall not be limited to, provisions for the delivery of services by CDA, CHFA and CII to third parties, provisions for payment by the department to CDA, CHFA or CII for the delivery of such services, provisions for advances and reimbursements to the department for any expenses incurred or to be incurred by it in delivery of any services, assistance, revenues, rights, assets and interests and provisions for the sharing with CDA, CHFA or CII of assistants, agents and other consultants, professionals and employees, and facilities and other real and personal property used in the conduct of the department's affairs and (6) To establish within the department a bureau for the purpose of carrying out the activities of the department with respect to economic development and a bureau for the purpose of carrying out the activities of the department with respect to housing and community development.]

Sec. 2. Section 8-35a of the general statutes is repealed and the following is substituted in lieu thereof:

[(a)] Each regional planning agency shall make a plan of development for its area of operation, showing its recommendations for the general use of the area including land use, housing, principal highways and freeways, bridges, airports, parks, playgrounds, recreational areas, schools, public institutions, public utilities and such other matters as, in the opinion of the agency, will be beneficial to the area. Any regional plan so developed shall be based on studies of physical, social, economic and governmental conditions and trends and shall be designed to promote with the greatest efficiency and economy the coordinated development of its area of operation and the general welfare and prosperity of its people. Such plan may encourage energy-efficient patterns of development, the use of solar and other renewable forms of energy, and energy conservation. Such plan shall be designed to promote abatement of the pollution of the waters and air of the region. The plan of each region contiguous to Long Island Sound shall be designed to reduce hypoxia, pathogens, toxic contaminants and floatable debris in Long Island Sound. Before adopting the regional plan of development or any part thereof or amendment thereto the agency shall hold at least one public hearing thereon, notice of the time, place and subject of which shall be given in writing to the chief executive officer and planning commission, where one exists, of each member town, city or borough, and to the Secretary of the Office of Policy and Management, or his designee. Notice of the time, place and subject of such hearing shall be published once in a newspaper having a substantial circulation in the region. Such notices shall be given not more than twenty days nor less than ten days before such hearing. Adoption of the plan or part thereof or amendment thereto shall be made by the affirmative vote of not less than a majority of the representatives on the agency. A copy of the plan or of any amendments thereto, signed by the chairman of the agency, shall be transmitted to the chief executive officers, the town, city or borough clerks, as the case may be, and to planning commissions, if any, in member towns, cities or boroughs, and to the Secretary of the Office of Policy and Management, or his designee. The regional planning agency shall assist municipalities within its region and state agencies and may assist other public and private agencies in developing and carrying out any regional plan or plans of such regional planning agency. The regional planning agency may provide administrative, management, technical or planning assistance to municipalities within its region and other public agencies under such terms as it may determine, provided, prior to entering into an agreement for assistance to any municipality or other public agency, the regional planning agency shall have adopted a policy governing such assistance. The regional planning agency may be compensated by the municipality or other public agency with which an agreement for assistance has been made for all or part of the cost of such assistance.

[(b) Each regional planning agency, in consultation with each municipality within such region, shall prepare a housing needs assessment for its area of operation, identifying the existence and extent of any housing shortages in the area and specifying the number and types of housing units required to alleviate such shortages. A copy of the housing needs assessment and any amendments thereto, signed by the chairperson of the agency, shall be transmitted by the agency to the regional housing council, provided for under section 8-384, for its area of operation and to the Central Housing Committee provided for under section 8-385 not later than January 1, 1988. The housing needs assessments shall be used for the purpose of formulating a state-wide master housing plan.]

Sec. 3. Subsection (c) of section 8-336f of the general statutes, as amended by section 1 of public act 95-250, is repealed and the following is substituted in lieu thereof:

(c) The Commissioner of Economic and Community Development may provide a local housing partnership with an initial designation under the Connecticut housing partnership program upon receipt of evidence satisfactory to the commissioner that the local housing partnership has been formed in accordance with the provisions of subsection (b) of this section and that sufficient local resources have been committed to the local housing partnership. Upon such initial designation, the commissioner shall provide technical assistance to the local housing partnership which assistance shall include, but shall not be limited to, the following: (1) The assignment of a primary contact person in the Department of Economic and Community Development to work directly with the local housing partnership, (2) obtaining assistance from other state agencies, regional planning agencies, regional housing councils and the [Central] Housing ADVISORY Committee, provided for under section 8-385, AS AMENDED BY SECTION 4 OF THIS ACT [4m, [0m on behalf of the local housing partnership when necessary, (3) assisting the local housing partnership in developing a comprehensive local housing strategy, (4) assisting the local housing partnership in identifying available local resources, (5) discussing possible ways to create affordable housing through the use of conventional and alternative financing and through public and private land use controls, (6) explaining the requirements of and the types of assistance available under state housing programs and (7) providing information and advice concerning available federal and private financial assistance for all aspects of housing development.

Sec. 4. Section 8-385 of the general statutes, as amended by section 1 of public act 95-250, is repealed and the following is substituted in lieu thereof:

(a) There shall continue to be a [Central] Housing ADVISORY Committee which shall consist of [the chairman of each regional housing council provided for under section 8-384 and] thirteen members appointed as follows: An attorney employed by a legal services agency, a representative of the Connecticut Housing Coalition, a representative of the Connecticut Community Development Association, a representative of an environmental public interest group and a representative of the Connecticut Coalition to End Homelessness, appointed by the Governor; a representative of the Connecticut chapter of the National Association of Housing and Redevelopment Officials and a representative of a Connecticut Banking Trade Association, appointed by the president pro tempore of the Senate; a resident of public housing, appointed by the majority leader of the Senate; a representative of the Home Builders Association of Connecticut, appointed by the minority leader of the Senate; a representative of the Connecticut Conference of Municipalities and a representative of the Connecticut Council of Small Towns, appointed by the speaker of the House of Representatives; a representative of the Connecticut chapter of the American Planning Association, appointed by the majority leader of the House of Representatives and a representative of the Connecticut Association of Realtors, appointed by the minority leader of the House of Representatives. One of the members appointed by the Governor shall be designated by the Governor to serve as chairperson. The members of the committee shall serve at the pleasure of the appointing authority. Upon the resignation of any member, the appointing authority shall appoint a successor. The Commissioner of Economic and Community Development shall serve as an ex-officio member of the committee.

(b) The [Central] Housing ADVISORY Committee shall: (1) Advise the General Assembly, the Governor, [and] the Commissioner of Economic and Community Development AND THE CONNECTICUT HOUSING FINANCE AUTHORITY on matters relating to housing programs and policies; (2) provide legislative recommendations relating to housing matters to the Commissioner of Economic and Community Development, THE CONNECTICUT HOUSING FINANCE AUTHORITY and the General Assembly; (3) monitor the housing-related activities of the regional planning agencies under chapter 127; AND (4) [receive, review and comment on the housing needs assessments transmitted to the committee by each regional planning agency as required by section 8-35a, provided the committee shall transmit such comments to the Commissioner of Economic and Community Development not later than thirty days after receiving such housing needs assessments; and (5)] promote coordination on housing matters among state agencies.

Sec. 5. Section 21-84a of the general statutes, as amended by section 1 of public act 95-250, is repealed and the following is substituted in lieu thereof:

(a) There is established, within the Department of Consumer Protection, a Mobile Manufactured Home Advisory Council composed of fourteen members as follows: One member of the Connecticut Real Estate Commission and one employee of the Department of Economic and Community Development to be appointed by the Governor; an attorney-at-law specializing in mobile manufactured home matters to be appointed by the speaker of the House of Representatives; two town planners, one from a rural community and the other from a suburban or urban community to be appointed by the Governor; three mobile manufactured home park owners, one to be appointed by the Governor and one to be appointed by the minority leader of the Senate and one to be appointed by the minority leader of the House of Representatives from a list of park owners submitted by the New England Manufactured Housing Association; a representative of the mobile manufactured home industry to be appointed by the majority leader of the House of Representatives; three mobile manufactured home park tenants or representatives of such tenants, each from different geographic areas of the state, one to be appointed by the Governor, one to be appointed by the president pro tempore of the Senate and one to be appointed by the majority leader of the Senate; a senior citizen and a representative of the [Central] Housing ADVISORY Committee of the state to be appointed by the Governor. In the appointment of the senior citizen and of the mobile manufactured home park tenants and tenant representatives, the appointing authorities shall give consideration to any names submitted by any state-wide or local association of mobile manufactured home park residents. The Governor shall appoint a chairperson from among the members of the council. Members shall serve for a term coterminous with the term of the Governor or until their successors are appointed, whichever is later. Any vacancy shall be filled by the appointing authority for the position which has become vacant. Members of the council shall not be compensated for their services. Any council member who fails to attend three consecutive meetings or who fails to attend fifty per cent of all meetings held during any calendar year shall be deemed to have resigned from office.

(b) The advisory council shall: Monitor the implementation of statutes and regulations affecting mobile manufactured homes, promote mobile manufactured homes in the state, conduct a public education program to improve public perception and local acceptance of mobile manufactured homes and promote them as affordable, decent, safe and sanitary housing, and study additional issues related to mobile manufactured homes.

Approved May 7, 1996. Effective October 1, 1996.

[footer.htm]