General Assembly Raised Bill No. 936
January Session, 2021 LCO No. 3738
Referred to Committee on COMMERCE
Introduced by:
(CE)
AN ACT CONCERNING REVISIONS TO CERTAIN ECONOMIC AND
COMMUNITY DEVELOPMENT RELATED STATUTES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
1 Section 1. Section 10-321q of the general statutes is repealed and the
2 following is substituted in lieu thereof (Effective from passage):
3 (a) There is established a State Historic Preservation Review Board,
4 which board shall serve as and have the powers, duties and
5 responsibilities of the board established pursuant to 36 CFR S. 61.4
6 (1978). Said board shall consist of six to ten members. The members shall
7 be appointed by the State Historic Preservation Officer designated
8 pursuant to 36 CFR S. 61.2 (1978), and shall serve for a term of [one year
9 from July first of each year] three years, except that one-half of members
10 appointed between July 1, 2021, and June 30, 2022, shall serve a term of
11 two years, as determined by the State Historic Preservation Officer.
12 Members may serve additional terms if reappointed by the State
13 Historic Preservation Officer.
14 (b) The legislative body of each municipality may appoint a
15 municipal preservation board, which shall consist of not less than five
16 nor more than nine members. The members of such municipal board
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17 shall serve from the date of their original appointment until the next
18 succeeding June thirtieth, and shall thereafter be appointed for a term of
19 one year from July first of each year.
20 (c) The State Historic Preservation Officer shall notify the municipal
21 preservation board or, if there is no board, the chief executive officer of
22 the municipality, at least [sixty] thirty days prior to the scheduled
23 consideration by the State Historic Preservation Review Board of the
24 nomination of property in such municipality to the National Register of
25 Historic Places. The notification shall be accompanied by all information
26 on the nomination that is provided to the members of the State Historic
27 Preservation Review Board for their consideration, which information
28 shall be available for public inspection. The municipal board may hold
29 a public hearing in the municipality on the nomination of any parcel of
30 real property at least fifteen days prior to the scheduled meeting of the
31 State Historic Preservation Review Board on such matter and may make
32 recommendations to the State Historic Preservation Review Board on
33 the nomination of districts containing two or more parcels of real
34 property located in such municipality. Notice of the time, place and
35 subject matter of the hearing shall be published at least once in a
36 newspaper of general circulation in the municipality not more than
37 fifteen nor less than seven days prior to such hearing. A copy of the
38 notice shall be sent to the State Historic Preservation Officer at least ten
39 days prior to such hearing. The State Historic Preservation Officer or
40 [his] said officer's designee [shall] may attend the hearing to testify on
41 such nomination and to explain the consequences of listing in the
42 National Register of Historic Places. In preparing its recommendation
43 on the nomination, the municipal board shall consider whether the
44 properties being proposed for nomination meet the criteria for listing in
45 the National Register of Historic Places, as set forth in 36 CFR S. [60.6
46 (1978)] 60.4, and may consider such other matters as it deems
47 appropriate. The municipal board shall submit its recommendation, if
48 any, with the reasons for the recommendation, to the state board not
49 later than seven days prior to the scheduled consideration of the
50 nomination by the State Historic Preservation Review Board. The State
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51 Historic Preservation Review Board shall consider the
52 recommendations of a municipal board, if any, before acting on a
53 nomination if such written recommendation is received by the State
54 Historic Preservation Officer not later than seven days prior to the
55 scheduled consideration of the nomination by the State Historic
56 Preservation Review Board. Failure of the municipal board to present
57 such recommendation shall not prevent the State Historic Preservation
58 Review Board from acting on any nomination.
59 Sec. 2. Section 22a-19a of the general statutes is repealed and the
60 following is substituted in lieu thereof (Effective from passage):
61 The provisions of sections 22a-15 to 22a-19, inclusive, shall be
62 applicable to the unreasonable destruction of historic structures and
63 landmarks of the state, which shall be those properties (1) listed or
64 under consideration for listing as individual units on the National
65 Register of Historic Places (16 USC 470a, as amended) or (2) which are a
66 part of a district listed or under consideration for listing on said national
67 register and which have been determined by the State Historic
68 Preservation Review Board to contribute to the historic significance of
69 such district. If the plaintiff in any such action cannot make a prima facie
70 showing that the conduct of the defendant, acting alone or in
71 combination with others, has or is likely unreasonably to destroy the
72 public trust in such historic structures or landmarks, the court shall tax
73 all costs for the action to the plaintiff.
74 Sec. 3. Section 12-263m of the general statutes is repealed and the
75 following is substituted in lieu thereof (Effective from passage):
76 (a) As used in this section: (1) "Eligible dry cleaning establishment"
77 means any place of business engaged in the cleaning of clothing or other
78 fabrics using tetrachlorethylene, Stoddard solvent or other chemicals,
79 (2) "gross receipts at retail" means the total amount accruing from dry
80 cleaning services, valued in money, without any deduction for the cost
81 of the materials used, labor or service cost or any other expense, and (3)
82 "eligible applicant" means (A) a business owner or operator of an
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83 eligible dry cleaning establishment, [or] (B) an owner of property that is
84 or that was occupied by an eligible dry cleaning establishment, or (C) a
85 certifying party, as defined in section 22a-134, of property that is or that
86 was occupied by an eligible dry cleaning establishment.
87 (b) (1) There shall be paid to the Commissioner of Revenue Services
88 by each dry cleaning establishment a surcharge of one per cent of its
89 gross receipts at retail for any dry cleaning service performed on or after
90 January 1, 1995. Each dry cleaning establishment shall register with the
91 Commissioner of Revenue Services on forms prescribed by the
92 commissioner. Each dry cleaning establishment that is registered with
93 the commissioner shall renew its registration with the commissioner on
94 October 1, 2015, and annually thereafter, in such manner as the
95 commissioner may prescribe. The commissioner shall send a
96 nonrenewal notice by first class mail to each dry cleaning establishment
97 that fails to renew its registration in accordance with the provisions of
98 this subsection. No dry cleaning establishment may engage in or
99 transact business as a dry cleaning establishment unless it is registered
100 with the commissioner in accordance with the provisions of this
101 subsection.
102 (2) (A) Any dry cleaning establishment that fails to register with the
103 commissioner in accordance with the provisions of this subsection shall
104 pay a penalty of one thousand dollars, which penalty shall not be subject
105 to waiver.
106 (B) Any dry cleaning establishment that fails to renew its registration
107 within forty-five days after a nonrenewal notice was sent pursuant to
108 subdivision (1) of this subsection shall pay a penalty of two hundred
109 dollars, which the commissioner may waive in the manner set forth in
110 section 12-3a, when it is proven to the commissioner's satisfaction that
111 the failure to register was due to reasonable cause and was not
112 intentional or due to neglect. No penalty may be assessed under this
113 subparagraph more than once during any registration period.
114 (3) Each dry cleaning establishment shall submit a return quarterly to
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115 the Commissioner of Revenue Services, applicable with respect to the
116 calendar quarter beginning January 1, 1995, and each calendar quarter
117 thereafter, on or before the last day of the month immediately following
118 the end of each such calendar quarter, on a form prescribed by the
119 commissioner, together with payment of the quarterly surcharge
120 determined and payable in accordance with the provisions of this
121 section. Whenever such surcharge is not paid when due, a penalty of ten
122 per cent of the amount due or fifty dollars, whichever is greater, shall be
123 imposed, and such surcharge shall bear interest at the rate of one per
124 cent per month or fraction thereof until the same is paid. The
125 Commissioner of Revenue Services shall cause copies of a form
126 prescribed for submitting returns as required under this section to be
127 distributed to persons subject to the surcharge. Failure to receive such
128 form shall not be construed to relieve anyone subject to the surcharge
129 under this section from the obligations of submitting a return, together
130 with payment of such surcharge within the time required. The
131 provisions of sections 12-548 to 12-554, inclusive, and sections 12-555a
132 and 12-555b shall apply to the provisions of this section in the same
133 manner and with the same force and effect as if the language of said
134 sections 12-548 to 12-554, inclusive, and sections 12-555a and 12-555b
135 had been incorporated in full into this section and had expressly
136 referred to the surcharge imposed under this section, except to the
137 extent that any such provision is inconsistent with a provision of this
138 section and except that the term "tax" shall be read as "dry cleaning
139 establishment surcharge".
140 (4) Any moneys received by the state pursuant to this section shall be
141 deposited into the account established pursuant to subsection (c) of this
142 section.
143 (c) There is established an account within the General Fund to be
144 known as the "dry cleaning establishment remediation account". Said
145 account shall contain any moneys required by law to be deposited in the
146 account. Any balance remaining in the account at the end of any fiscal
147 year shall be carried forward in the account for the fiscal year next
148 succeeding. The account shall be used by the Department of Economic
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149 and Community Development for grants made to (1) owners or
150 operators of eligible dry cleaning establishments, [or] (2) owners of
151 property on which an eligible dry cleaning establishment has been in
152 operation for at least a year prior to the [approval] submission of the
153 application or was previously operated for at least a year prior to such
154 [approval] submission, or (3) certifying parties of property on which an
155 eligible dry cleaning establishment has been in operation for at least one
156 year prior to the submission of the application or was previously
157 operated for at least one year prior to such submission.
158 (d) The state, acting through the Commissioner of Economic and
159 Community Development, shall use the dry cleaning establishment
160 remediation account to provide grants to eligible applicants for the
161 purposes of the containment and removal or mitigation of
162 environmental pollution resulting from the discharge, spillage,
163 uncontrolled loss, seepage or filtration of chemical liquids or solid,
164 liquid or gaseous products or hazardous wastes on or at the site of an
165 eligible dry cleaning establishment, environmental site assessments
166 relating to such pollution or for measures undertaken to prevent such
167 pollution which are approved by the Commissioner of Energy and
168 Environmental Protection. In order to qualify for a grant under the
169 provisions of this section an eligible applicant [must] shall demonstrate
170 to the satisfaction of the Commissioner of Economic and Community
171 Development that (1) the eligible dry cleaning establishment is using or
172 previously used, tetrachlorethylene or Stoddard solvent or other
173 chemicals for the purpose of cleaning clothes or other fabrics, (2) the
174 eligible dry cleaning establishment has been doing business or did
175 business at the site for a period of at least one year prior to the
176 submission date or approval date of the application for assistance under
177 this section, (3) the eligible dry cleaning establishment or owner of
178 property is not in arrears with regard to any tax levied by the state or
179 any political subdivision of the state and the dry cleaning surcharge
180 imposed by subsection (b) of this section, and (4) the eligible applicant
181 is not in arrears with regard to any tax levied by the state or any political
182 subdivision of the state. Any funds disbursed as a grant under this
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183 section shall not be subject to attachment in the satisfaction of any
184 judgment against the recipient of such grant in any civil action.
185 (e) Notwithstanding the terms of any grant made under this section,
186 an eligible applicant shall bear all the costs of such pollution that are less
187 than ten thousand dollars. Each eligible applicant that submits an
188 application on or after October 1, 2021, shall demonstrate to the
189 satisfaction of the Commissioner of Economic and Community
190 Development that such applicant can match any grant provided by said
191 commissioner, up to ten thousand dollars, before such applicant
192 receives any grant. The Commissioner of Economic and Community
193 Development may provide a grant of up to three hundred thousand
194 dollars to the eligible applicant where the eligible applicant has
195 provided said commissioner with documentation satisfactory to said
196 commissioner that the services for which payment is sought have been
197 [or will be] completed. No eligible applicant shall receive more than
198 three hundred thousand dollars per eligible dry cleaning establishment.
199 In addition, the dry cleaning establishment remediation account may be
200 used (1) to provide grants to the Department of Energy and
201 Environmental Protection for expenditures made investigating dry
202 cleaning establishments, (2) to provide potable water whenever
203 necessary, [and] (3) to conduct environmental site assessments, and (4)
204 for legal services relating to the disbursement of funds from the account.
205 (f) Requests for grants shall be made to the Commissioner of
206 Economic and Community Development when the commissioner
207 announces a request for applications. The frequency of requests for
208 applications shall be at the discretion of the Commissioner of Economic
209 and Community Development. Any eligible applicant seeking a grant
210 shall provide documentation supporting the need for the grant.
211 (g) Any dry cleaning establishment which unlawfully or intentionally
212 discharges or spills any chemical liquids or solid, liquid or gaseous
213 products or hazardous wastes shall not be eligible for a grant from the
214 account.
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215 (h) The Commissioner of Economic and Community Development
216 shall establish procedures for distribution of the grants and shall adopt
217 criteria to carry out the provisions of this section. Such criteria shall
218 specify (1) who may apply for grants; (2) how establishments, whether
219 owned or leased, will be determined to be eligible for grants; (3) the costs
220 for which grants may be made; and (4) a method for ensuring timely
221 payment of funds to grant recipients.
222 Sec. 4. Section 3-110f of the general statutes is repealed and the
223 following is substituted in lieu thereof (Effective from passage):
224 The Commissioner of Economic and Community Development [,
225 with recommendations of the Culture and Tourism Advisory
226 Committee,] shall designate, every three years, a state poet laureate. The
227 commissioner may fill any vacancy by appointment for the unexpired
228 portion of the term vacated.
229 Sec. 5. Subsection (c) of section 4-9a of the general statutes is repealed
230 and the following is substituted in lieu thereof (Effective from passage):
231 (c) Notwithstanding any provision of law, the term of each member
232 of each board and commission within the executive branch,