May 6, 2012 2012, Issue #13   

CCM's State Capitol Report is designed to keep members informed about important legislative issues and actions taken by CCM staff on behalf of towns and cities, as well as suggested actions you can take to protect the interests of your municipality. 

For additional information on any of the bills listed and the most up-to-date news on legislative issues affecting municipalities, see:

 

CCM's Legislative Action Center 

 

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IMPORTANT INFORMATION IN THIS ISSUE
YOUR ACTION NEEDED
ACTIONS IN THE CHAMBERS
ACTIONS IN COMMITTEES
CCM'S MANDATES REPORT
CCM'S LEGISLATIVE COMMITTEE - Next Meeting: May 15, 2012
CCM BUDGET ANALYSES
CCM POLICY POSITIONS
ONLY A FEW DAYS REMAINING...YOUR ACTION NEEDED

Allow Towns & Cities to Assess Partial Construction

HB 5035, a bill that would clarify municipal authority to assess partially constructed structures, is now before the State Senate. It passed the House of Representatives last week by a 113-35 vote. Acting on the proposal would save municipalities at least $30 million statewide.

HB 5035 would overturn the deeply flawed court decision, Kasica v. Columbia. In Kascia, a Superior Court decision decreed that municipalities are not permitted to assess partially constructed structures until completion and the issuance of a certificate of occupancy.

Contact your legislators now, and TELL THEM:
  • HB 5035 is a mandates relief proposal that saves municipalities at least $30 million annually. 
  • HB 5035 is the only major, serious mandates relief proposal still alive in the General Assembly.  
  • HB 5035 simply clarifies existing state statutes. Improvements to properties that are partially complete or under construction, that would ordinarily be assessed, have never been exempt from local taxing policies. In this case, the Superior Court got it wrong.
  • Municipalities cannot afford to wait until the case wends its way through the courts. A remedy could take years. Delay would create $30 million-plus whole in municipal budgets.
 
For more information on this issue, please contact Ron Thomas of CCM
 
Phosphorus Reduction Strategy

 

After several days of negotiations with legislators, DEEP, and the CT League of Conservation Voters, we have successfully drafted an amendment (LCO 5069) to SB 440 wich would: (1) provide increased Clean Water Fund funding for municipal water pollution control projects concerning phosphorous removal; (2) ensure that DEEP collaborates with affected municipalities on the state's approach to dealing with phospohorus reduction in inland non-tidal waters, which will impact at least 40 municipalities across Connecticut and cost millions of dollars in wastewater treatment plant upgrades in order to comply; and (3) place some restrictions on the use of phosphorus containing fertilizers.
 
Contact your legislators now, and TELL THEM:
  • Support LCO 5069.
  • This language has been agreed to by municipalities, DEEP, and the CT League of Conservation Voters.
  • This language will (1) provide needed funding through the Clean Water Fund to affected municipalities, (2) ensure municipalities a seat at the table during disussions as to how to reduce Phosphprous statewide, and (3) begin to address non-point source pollution of Phosphorus.
For more information on this issue, please contact Kachina Walsh-Weaver of CCM.

Solid Waste Disposal

 

LCO 5024 of HB 5540 would clarify in statute the right to dispose solid waste at out-of-state landfill facilities.

 

DEEP has been making efforts to mandate that solid waste disposal plans adhere to the recommended hierarchy of "preferred disposal methods" as outlined in the state Solid Waste Management Plan (Plan) - essentially banning the disposal of waste at out-of-state landfills and other such options.  Not only is the Plan merely a recommendation of state agency and not codified in law or regulation, but DEEPs actions would essentially make municipalities captive customers of in-state facilities and negate the need for facilities to be competitive in their rates.

 

Absent the passage of this amendment, we are concerned that the reduced options for disposal of solid waste will result in increased tipping fees to municipalities.

 

Contact your legislators now, and TELL THEM:
  • Support LCO 5024.
  • This language merely clarifies the right to dispose of solid waste in out-of-state facilities.
  • Absent this language, municipalities would be captive customers of in-state facilities and negate the need for facilities to be competitive in their rates.
For more information on this issue, please contact Kachina Walsh-Weaver of CCM. 

 

Solar Panel Exemption from Property Tax

An amendment (LCO 5075) has been filed to require towns to adopt the state set aside policy.  The original bill, SB 455, died in the Appropriations Committee.  The proposal would require towns and cities to comply with the State women and minority-owned business set-aside policy, if they use state funds for projects.
 
Contact your legislators now, and TELL THEM:
  • Don't support LCO 5075.
  • The amendment would increase the costs of certain contracts as well as certain administrative costs. 

For more information on this issue, please contact Ron Thomas of CCM. 

ACTIONS IN THE CHAMBERS

The House of Representatives and the Senate convened this week.  Among the bills of interest to towns and cities that passed included:

 

SENATE   

  • SB 23 - Emergency Preparedness and Response - would, (1) require the Public Utilities Regulatory Authority (PURA) to initiate a docket to review emergency preparation and service restoration practices and identify optimum tree trimming and infrastructure hardening levels, (2) establish electric, gas and telephone company performance standards for emergency preparation and service restoration, (3) require companies submit annual reports on their emergency response plans and performance, (4) require PURA review companies performance after an emergency and issue orders to enforce the standards, (5) require the Deparment of Transportation and any municipality to notify PURA whenever it does certain road work, (6) require PURA to initiate a docket to identify and establish ways to increase the utilities efforts to install, replace, upgrade or bury any of their infrastructure lines, and (7) establish a micro-grid pilot program to fund local clean energy generation for critical facilities.  
  • SB 33Project Labor Agreements (PLA) - Would be permissive as it would clarify the local option for municipalities to consider project labor agreements.   However, it would mandate that for school construction projects greater than $10 million that they determine whether PLAs would be beneficial, based on certain criteria outlined in the bill.  CCM has raised concerns with this particular mandate which would carve out special, new procedures for certain local projects.   
  • SB 84 - Wood-Burning Furnaces - would make several changes to the outdoor wood burning furnace law, including allowing certain wood burning furnaces to be installed and imposing oversight regulations on their operations. 
  • SB 89 - Mattress Recycling - As amended, would create a state-wide mattress stewardship program for end-of-life management of mattress disposal in which mattress producers are responsible for creating, financing, and managing an environmentally sound program to (1) minimize public sector involvement in the management of post-consumer mattresses by negotiating and executing agreements to collect, transport, reuse, renovate, recycle, burn for energy recovery and dispose of post-consumer mattresses, regardless of brand; (2) provide for the free, convenient and accessible state-wide collection of post-consumer mattresses that; (3) provide for producer-financed end-of-life management for discarded mattresses, including transportation from a number of locations including municipal transfer stations; (4) provide suitable storage containers at permitted municipal transfer stations for segregated, discarded mattresses, at no cost to such municipality; and (5) cover the costs for the program.  
  • SB 97 - Breast Cancer Screening Mandate - Would prohibit certain municipal health insurance policies from imposing such expenses as co- payments or deductibles on breast ultrasound screenings.    
  • SB 188 - DPH Assistance for Lead Prevention - would detail the administration of the Department of Public Health lead prevention and control program, as well as provide financial assistance to towns and cities to administer such lead programs.  This proposal would ensure that local health departments receive the necessary funding and resources to provide case management services, education materials, environmental health services in regards to lead poisoning, as well as access to DPH's system that collects and provides essential data on lead poisoning information. 
  • SB 195 - Storage of Stolen Property - Would amend the state-mandated threshold that requires local police officials seize and store stolen property, from the current value of over $250 to a proposed value of over $1,000.  By law, local agencies may return stolen property to an owner if the value is equal to or less than the current threshold.  The proposal would also allow local regulation over precious metals and stone dealers.   
  • SB 213- Would mandate that registrars of voters have access to the Internet.   
  • SB 360 - Foreclosure Mediation Mandate - Would, among other things, (1) require the Judicial Branch to create a form concerning notice of community-based resources to parties involved in foreclosure mediation, and (2) require municipalities to include the form with any statements sent to the homeowner regarding debt owed by the homeowner for public sewer, water services or property taxes.  
  • SB 376 - Local Authority Over Coastal Site Plans - Would essentially create an "automatic acceptance" of any proposed coastal site plan for a shoreline flood and erosion control structure is such plan includes (1) three alternative options and (2) certification of such alternative options by a structural engineer. In addition, the only method provided in the bill for a municipal zoning commission to raise issue with a proposed plan would be to propose an alternative option that would not have a total cost in excess of 15% of the assessed value of structures located on the property.    
  • SB 426 -Would require electric companies to share certain geographic info data with towns and cities. 
  •  HB 5021 - Sunday Sales - Among other things, (1) extends the hours in which alcohol is allowed to be sold, (2) allows alcohol to be sold on Sundays, (3) extends the hours in which bars can remain open, and (4) allows a first selectman who also acts as a town's police chief to hold a liquor permit in that town.  OFA has listed that the proposal would provide municipalities with a revenue gain, through the municipal revenue account share of the sales and use tax revenue, by as much as $8,500 in FY12 and $52,000 in FY13 as well as each year after.  
  • HB 5024 - Election Day Registration - Among other things, would allow for voter registration on Election Day throughout Connecticut.  While CCM understands the rationale behind this proposal -- to increase voter participation -- we have concerns about the fiscal impact to towns and cities. Registrars of Voters have indicated that there would be a need for additional staffing and resources on election day, the busiest day of the year for their office, in order to meet this new initiative. 
  • HB 5225 - Security Deposit Interest Rates - Would lower the annual interest rate that housing authorities, community housing authorities, and other corporations must pay on security deposits made by senior citizens and individuals with disabilities residing in public housing. 
  • HB 5314 - Jeopardy Tax Collection - Would require tax collectors to notify property owners before a jeopardy tax collection.  This bill is an example of a one-town issue en route to becoming a statewide policy. 
  • HB 5315 - Online Notifications for Subdivision Applications - Would authorize planning commissions to notify regional planning agencies of subdivision applications by email.  

HOUSE OF REPRESENTATIVES

  • SB 150 - FMLA Mandate - Would require towns and cities provide municipal paraprofessionals benefits in accordance with the federal Family Medical Leave Act (FMLA), by reducing the number of hours paraprofessional employees must work in order to qualify for certain family FMLA benefits.   
  • SB 198 - Memorials and Monuments - Would double the fine and require full restitution for all costs of repair and replacement of the property damaged if that property is a war or veterans' memorial or monument.    
  • SB 263- Treble Damages - This has been a CCM proposal for several years.  It would eliminate the penalty of treble damages against zoning enforcement officers for frivolous or without probable cause citations.  The bills was passed in concurrence with the House and it now headed to the Governor. 
  • HB 5026 - Postponing Elections - Would, among other things postponing or relocating the election, or any other action required for its orderly execution, in the event a declaration of emergency has been made.  
  • HB 5154 - Regional Planning - As amended, would require regional councils of elected officials to identify opportunities to provide regional services.
  • HB 5170 - Traffic Control Devices - As amended, would require municipalities to cover the costs associated with installing traffic improvements for certain developments.  
  • HB 5224 - Urban Revitalization - As amended, would establish a pilot program within the Connecticut Housing Finance Authority and the Department of Economic and Community Development to promote the revitalization and stabilization of urban neighborhoods by encouraging home ownership by persons who will become owner-occupants of two to four-family homes.  
  • HB 5233 - Special Workers' Compensation Benefits for Firefighters - Would create a new unfunded state mandate by requiring professional counseling be compensated under the Workers' Compensation Act for firefighters diagnosed with mental or emotional injuries -- defined as post-traumatic stress disorder -- as a result of witnessing a death of a firefighter.  This proposal has been identified by OFA as a "STATE MANDATE" on towns and cities.  CCM has explained that towns and cities currently offer extensive Employee Assistance Programs (EAPs) and health insurance coverage to employees suffering from stress. These existing benefits provide all employees counseling, therapy, and other essential services to assist them and their families during difficult periods. This proposed mandate would unnecessarily and inappropriately create a new, costly special benefit -- without any state financial assistance.    
  • HB 5250 - Polling Place Officials - As amended, would remove the requirement that polling place officials reside in the town they will work in.  
  • HB 5271 - Sitting Council - Would, among other things; (1) provide municipal authority over the siting of telecommunication towers within 250 feet of a school, or commercial day care center; (2) require payments be made to municipalities from the Municipal Participation Account first to defray costs incurred by such a municipality who participates as a party to a certification proceeding, and eliminates any requirement that the municipality refund any excess funds it may have received from the account; and (3) require applicants to make a "good faith" effort to meet with the municipal CEO where such facility is being proposed, within 90 days before filing an application.    
  • HB 5543- Municipal Electronic Utilities - Would require the Public Utilities Regulatory Authority (PURA) to initiate a docket to examine procedures for creating and expanding municipal electric utilities.    
  • HB 5319- Local Blight Ordinances - As amended, would increase fines for violations of local blight ordinances.  
  • HB 5328 - New Secured Lending License - As amended, would create a new fine art secured lending license.  The proposal details licensing requirements, penalties, identifying sellers, reporting and payments.  It would (1) make the police chief the licensing authority of the new license; and (2) allow the town or city to collect, and appropriate as they wish, a $50 licensing fee and an annual $25 renewal fee.  Failure to obtain a license would require the licensee to file a $2,000 surety bond.  
  • HB 5347 - Special Education Services - As amended, would among other things, require local school boards and other entities providing special education to children, when recording instances when seclusion or restraints are used on a child, to indicate whether these actions are in accordance with the child's individualized education program (IEP).  
  • HB 5348 - New Mandates on School Time and Curriculum - As amended, would mandate (1) new curriculum on CPR and AED in schools and (2) minimum levels of daily physical exercise.   
  • HB 5353 - New Education Mandate - Would mandate additional teacher preparation and in-service training, along with additional meetings, with regard to individualized education programs (IEPs).  In addition, would require an IEP for any deaf or hearing impaired children.     
  • HB 5424 - Local Option to Delay Property Reval - Would allow certain municipalities the local option to delay the implementation of a revaluation prior to the assessment year commencing on October 1, 2013.   
  • HB 5465 - Stream Channel Encroachment Lines - Would eliminate the Department of Energy and Environmental Protections' (DEEP) authority to alter municipally established stream channel encroachment lines.  
  • HB 5489 - Abatement of Public Nuisance - Would, among other things, grant towns and cities greater authority to abate public nuisances in situations where there has been illegal and highly problematic activity.   
  • HB 5540 - Would transfer certain powers from the Bristol Resource Recovery Facility Operating Committee to the West Central Connecticut Solid Waste and Recycling Board.  

 

ACTIONS IN COMMITTEES
APPROPRIATIONS
The committee met this week to consider bills referred from the House and Senate.  Among the bills that was considered was SB 455 - Mandate Set-Asides - which would require towns and cities to comply with the State women and minority-owned business set-aside policy, if they use state funds for projects.  Through the advocacy efforts of CCM, the committee failed to take action on this proposed mandate.  However, an amendment (LCO 5075) has been proposed to impose the set aside mandate. 

For more information on Appropriations issues, please contact Ron Thomas of CCM.

BANKS
The committee met this week to consider a bill referred from the Senate -- SB 407, Recording of Mortgage Assignments -- which would have required that mortgage debts be recorded in municipal land records.  The committee failed to take action on this CCM proposal.

For more information on Banks issues, please contact Mike Muszynski of CCM.

FINANCE, REVENUE & BONDING
The committee met this week to consider bills referred from the House and Senate.  Among the bills favorably reported that are of interest to towns and cities SB 440 concerning Phosphorus Reduction.  The proposal would (1) provide increased Clean Water Fund funding for municipal water pollution control projects concerning phosphorous removal and (2) ensure a more workable, cost-effective approach to dealing with DEEP's Phosphorus Reduction Strategy, which will impact at least 40 municipalities across Connecticut  and cost millions of dollars in waste water treatment plant upgrades in order to comply.

CCM has been working with stakeholders on language to ensure the bill would adequately reduce phosphorus in our waterways without imposing a mandate on cities and towns. 

For more information on Finance issues, please contact Bob Labanara of CCM.

PLANNING & DEVELOPMENT
The committee met this week to consider bills referred from the House and Senate.  Among the bills favorably reported was SB 415, which would make changes to certain energy statutes.  Among other things, the proposal would (1) allow municipalities who participate in the virtual net metering program enacted in PA 11-80 to own or lease a Class I renewable energy source, (2) open the virtual net metering program to the state, by adding the definition of "governmental customer" or "governmental customer host" to mean the state or any political subdivision, (3) allow municipalities to establish a commercial property assessed clean energy program (PACE) for qualifying real commercial property, and (4) eliminate the need for a municipality to get approval from the Connecticut Energy Advisory Board (CEAB) to take an energy facility by eminent domain, but retains the need for Department of Energy and Environmental Protection and Siting Council approval.

For more information on P&D issues, please contact Ron Thomas of CCM.

CCM's MANDATE REPORT
Highlight of the Week: Municipal Authority to Assess Partial Construction
Unfunded Mandates
In case you missed it, please view this weeks...

 
HIGHLIGHT OF THE WEEK:
Municipal Authority to Assess Partial Construction


During the Legislative Session, CCM produces this weekly report to inform members and the Legislature about pending bills that propose (1) new unfunded mandates or (2) mandates relief for towns and cities.
 
While CCM doesn't always take a position on the policy aspect of a proposal, some bills would have a significant impact on local government and their residential and business property taxpayers.

CCM urges members to speak with their legislative delegation about the impact these bills would have on their community.

For previous reports, visit our Mandates Report page.

 

CCM'S LEGISLATIVE COMMITTEE

MAY 2012

Thursday, May 15, 2012
9 a.m. - 10:45 a.m.
Four Points Sheraton, Meriden
 
** MEETING AGENDAS AND MATERIALS NOW AVAILABLE ONLINE  **

 

A complete schedule for CCM's Legislative Committee, including meeting agendas and handouts, can be found online -- for CCM-members only.  If you have not registered for Members-Only access, please click here to do so. 
 

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 If you have any questions, please contact Jim Finley or Ron Thomas  

at (203) 498-3000.   

CCM BUDGET ANALYSES
Analyzing government finance issues is a critical part of CCM's public policy and advocacy work.  Fiscal and related policy decisions made at the state and federal level have a significant impact on towns and cities and their ability to fund needed public services.

Analyses of the current and proposed budgets can be found on CCM's Government Finance/State Budget webpage. 

For specific Town-by-Town Analyses, see the links below:

If you have any questions, please contact Jim Finley, Ron Thomas or George Rafael at 203-498-3000. 

CCM'S 2012 LEGISLATIVE AGENDA
CCM's annual State Legislative Agenda is developed with proposals from member-municipalities, which are prioritized by CCM's issue-area policy committees and approved by CCM's Legislative Committee and Board of Directors. To view the 2012 Agenda and Priorities, please click on the link below:


CCM urges members to speak with your legislative delegation about CCM's 2012 State Legislative Agenda and encourage them to support it. 
 

If you have questions concerning this State Capitol Report or any state-local issue, please contact CCM's Public Policy & Advocacy Team:

                                                      ...or via phone at (203) 498-3000.