HB 6552 — AN ACT CONCERNING EXEMPTIONS FROM CERTAIN HISTORIC PRESERVATION REQUIREMENTS.

17196633 13 of 111 Committee Bill No.6552 (c) The Historic Preservation Council shall [(A)] (1) review and approve or disapprove requests by owners of historic properties on which the department holds preservation easements to perform rehabilitation work on sacred sites and archaeological sites;

[(B)] (2) request the assistance of the Attorney General to prevent the unreasonable destruction of historic properties pursuant to the provisions of section 22a-19a, as amended by this act;

and [(C)] (3) place and maintain suitable markers, memorials or monuments to designate sites or places found to have historic significance.

The council shall meet monthly.

The Connecticut Trust for Historic Preservation may provide technical assistance to the council.

[(b)] (d) Notwithstanding the provisions of this section or section 1- 210, the Department of Economic and Community Development may withhold from disclosure to the public information relating to the location of archaeological sites under consideration for listing by the department or those listed on the National Register of Historic Places or the state register of historic places whenever the department determines that disclosure of specific information would create a risk of destruction or harm to such sites.

The provisions of this subsection shall not apply to any such site unless the person who reported or discovered such site has submitted a written statement to the department requesting that no disclosure be made.

Upon receipt of such statement, the department may withhold such information from disclosure until the July first next succeeding such receipt.

Such person may request that a period of nondisclosure be extended by submitting such statements prior to July first of any year.

[(c)] (e) The Historic Preservation Council of the Department of Economic and Community Development shall develop a model ballot form to be mailed by clerks of municipalities on the question of creation of historic districts or districts as provided for in section 7- 147a to 7-147k, inclusive.

Sec.

3.

Section 22a-9 of the general statutes is repealed and the LCO No.

6633 4 of 11 Committee Bill No.6552 following is substituted in lieu thereof (Effective October 1, 2019):

The commissioner shall act as the official agent of the state in all matters affecting the purposes of this title and sections 2-20a, 5-238a, subsection (c) of section 7-131a, sections 7-131e, 7-131f, subsection (a) of section 7-131g, sections 7-131i, 7-131l, [subsection] subsections (a) to (c), inclusive, of section 10-409, as amended by this act, subdivisions (51) and (52) of section 12-81, subdivisions (21) and (22) of section 12- 412, subsections (a) and (b) of section 13a-94, sections 13a-142a, 13b-56, 13b-57, 14-100b, 14-164c, chapter 268, sections 16a-103, 22-91c, 22-91e, subsections (b) and (c) of section 22a-148, section 22a-150, subdivisions (2) and (3) of section 22a-151, sections 22a-153, 22a-154, 22a-155, 22a- 158, chapter 446c, sections 22a-295, 22a-300, 22a-308, 22a-416, chapters 446h to 446k, inclusive, chapters 447 and 448, sections 23-35, 23-37a, 23- 41, chapter 462, section 25-34, chapter 477, subsection (b) of section 25- 128, subsection (a) of section 25-131, chapters 490 and 491 and sections 26-257, 26-297, 26-303 and 47-46a, under any federal laws now or hereafter to be enacted and as the official agent of any municipality, district, region or authority or other recognized legal entity in connection with the grant or advance of any federal or other funds or credits to the state or through the state, to its political subdivisions.

Sec.

4.

Subsection (a) of section 32-1c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2019):

(a) In addition to any other powers, duties and responsibilities provided for in this chapter, chapter 131, chapter 579 and section 4-8 and [subsection] subsections (a) to (d), inclusive, of section 10-409, as amended by this act, the commissioner shall have the following powers, duties and responsibilities:

(1) To administer and direct the operations of the Department of Economic and Community Development;

(2) to report annually to the Governor, as provided in section 4-60;

(3) to conduct and administer the research and planning functions necessary to carry out the purposes of said chapters and LCO No.

6633 5 of 11 Committee Bill No.6552 sections;

(4) to encourage and promote the development of industry and business in the state and to investigate, study and undertake ways and means of promoting and encouraging the prosperous development and protection of the legitimate interest and welfare of Connecticut business, industry and commerce, within and outside the state;

(5) to serve, ex officio as a director on the board of Connecticut Innovations, Incorporated;

(6) to serve as a member of the Committee of Concern for Connecticut Jobs;

(7) to promote and encourage the location and development of new business in the state as well as the maintenance and expansion of existing business and for that purpose to cooperate with state and local agencies and individuals both within and outside the state;

(8) to plan and conduct a program of information and publicity designed to attract tourists, visitors and other interested persons from outside the state to this state and also to encourage and coordinate the efforts of other public and private organizations or groups of citizens to publicize the facilities and attractions of the state for the same purposes;

(9) to advise and cooperate with municipalities, persons and local planning agencies within the state for the purpose of promoting coordination between the state and such municipalities as to plans and development;

(10) by reallocating funding from other agency accounts or programs, to assign adequate and available staff to provide technical assistance to businesses in the state in exporting, manufacturing and cluster-based initiatives and to provide guidance and advice on regulatory matters;

(11) to aid minority businesses in their development;

(12) to appoint such assistants, experts, technicians and clerical staff, subject to the provisions of chapter 67, as are necessary to carry out the purposes of said chapters and sections;

(13) to employ other consultants and assistants on a contract or other basis for rendering financial, technical or other assistance and advice;

(14) to acquire or lease facilities located outside the state subject to the provisions of section 4b-23;

(15) to advise and inform municipal officials concerning economic development and collect and disseminate information pertaining thereto, including information about federal, state and private assistance programs and services LCO No.

6633 6 of 11 Committee Bill No.6552 pertaining thereto;

(16) to inquire into the utilization of state government resources and coordinate federal and state activities for assistance in and solution of problems of economic development and to inform and advise the Governor about and propose legislation concerning such problems;

(17) to conduct, encourage and maintain research and studies relating to industrial and commercial development;

(18) to prepare and review model ordinances and charters relating to these areas;

(19) to maintain an inventory of data and information and act as a clearinghouse and referral agency for information on state and federal programs and services relative to the purpose set forth herein.

The inventory shall include information on all federal programs of financial assistance for defense conversion projects and other projects consistent with a defense conversion strategy and shall identify businesses which would be eligible for such assistance and provide notification to such business of such programs;

(20) to conduct, encourage and maintain research and studies and advise municipal officials about forms of cooperation between public and private agencies designed to advance economic development;

(21) to promote and assist the formation of municipal and other agencies appropriate to the purposes of this chapter;

(22) to require notice of the submission of all applications by municipalities and any agency thereof for federal and state financial assistance for economic development programs as relate to the purposes of this chapter;

(23) with the approval of the Commissioner of Administrative Services, to reimburse any employee of the department, including the commissioner, for reasonable business expenses, including but not limited to, mileage, travel, lodging, and entertainment of business prospects and other persons to the extent necessary or advisable to carry out the purposes of subdivisions (4), (7), (8) and (11) of this subsection and other provisions of this chapter;

(24) to assist in resolving solid waste management issues;

(25) (A) to serve as an information clearinghouse for various public and private programs available to assist businesses, (B) to identify specific micro businesses, as defined in section 32-344, whose growth and success could benefit LCO No.

6633 7 of 11 Committee Bill No.6552 from state or private assistance and contact such small businesses in order to (i) identify their needs, (ii) provide information about public and private programs for meeting such needs, including, but not limited to, technical assistance, job training and financial assistance, and (iii) arrange for the provision of such assistance to such businesses;

(26) to enhance and promote the digital media and motion picture industries in the state;

(27) by reallocating funding from other agency accounts or programs, to develop a marketing campaign that promotes Connecticut as a place of innovation;

and (28) by reallocating funding from other agency accounts or programs, to execute the steps necessary to implement the knowledge corridor agreement with Massachusetts to promote the biomedical device industry.

Sec.

5.

Subsection (f) of section 32-23f of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2019):

(f) The principal of and interest on bonds or notes issued by the corporation may be secured by a pledge of any revenues and receipts of the corporation derived from any project and may be additionally secured by a mortgage or deed of trust covering all or any part of a project, including any additions, improvements, extensions to or enlargements of any projects thereafter made.

Such bonds or notes may also be secured by a pledge or assignment of a loan agreement, conditional sale agreement or agreement of sale or by an assignment of the lease of any project for the construction and acquisition of which said bonds or notes are issued and by an assignment of the revenues and receipts derived by the corporation from such project.

The payments of principal and interest on such bonds or notes may be additionally secured by a pledge of any other property, revenues, moneys, or funds available to the corporation for such purpose.

The resolution authorizing the issuance of any such bonds or notes and any such mortgage or deed of trust or lease or loan agreement, conditional sale agreement or agreement of sale or credit agreement may contain agreements and provisions respecting the establishment of reserves to LCO No.

6633 8 of 11 Committee Bill No.6552 secure such bonds or notes, the maintenance and insurance of the projects covered thereby, the fixing and collection of rents for any portion thereof leased by the corporation to others or the sums to be paid under any conditional sale agreement or agreement of sale entered into by the corporation with others, the creation and maintenance of special funds from such revenues and the rights and remedies available in the event of default, the vesting in a trustee or trustees of such property, rights, powers and duties in trust as the corporation may determine, which may include any or all of the rights, powers and duties of any trustee appointed by the holders of any bonds and notes and limiting or abrogating the right of the holders of any bonds and notes of the corporation to appoint a trustee under this chapter, chapter 578 and [subsection] subsections (a) to (c), inclusive, of section 10-409, as amended by this act, or limiting the rights, powers and duties of such trustee;

provision for a trust agreement by and between the corporation and a corporate trust which may be any trust company or bank having the powers of a trust company within or without the state, which agreement may provide for the pledging or assigning of any revenues or assets or income from assets to which or in which the corporation has any rights or interest, and may further provide for such other rights and remedies exercisable by the trustee as may be proper for the protection of the holders of any bonds or notes and not otherwise in violation of law, and such agreement may provide for the restriction of the rights of any individual holder of bonds or notes of the corporation and may contain any further provisions which are reasonable to delineate further the respective rights, duties, safeguards, responsibilities and liabilities of the corporation;

persons and collective holders of bonds or notes of the corporation and the trustee;

and covenants to do or refrain from doing such acts and things as may be necessary or convenient or desirable in order to better secure any bonds or notes of the corporation, or which, in the discretion of the corporation, will tend to make any bonds or notes to be issued more marketable notwithstanding that such covenants, acts or things may not be enumerated herein;

and any other LCO No.

6633 9 of 11 Committee Bill No.6552 matters of like or different character, which in any way affect the security or protection of the bonds or notes, all as the corporation shall deem advisable and not in conflict with the provisions hereof.

Each pledge, agreement, mortgage and deed of trust made for the benefit or security of any of the bonds or notes of the corporation shall be in effect until the principal of and interest on the bonds or notes for the benefit of which the same were made have been fully paid, or until provision has been made for payment in the manner provided in the resolution or resolutions authorizing their issuance.

Any pledge made in respect of such bonds or notes shall be valid and binding from the time when the pledge is made;

the revenues, money or property so pledged and thereafter received by the corporation shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act;

and 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 corporation irrespective of whether such parties have notice thereof.

Neither the resolution, trust indenture nor any other instrument by which a pledge is created need be recorded.

The resolution authorizing the issuance of such bonds or notes may provide for the enforcement of any such pledge or security in any lawful manner.

The corporation may elect to have the provisions of title 42a, the Connecticut uniform commercial code, apply to any pledge made by or to the corporation to secure its bonds or notes by filing a financing statement with respect to the security interest created by the pledge and, in such case, the financing statement shall be filed as if the debtor were located in this state.

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

Section 1 October 1, 2019 New section October 1, 2019 Sec.

2 10-409 Sec.

3 October 1, 2019 22a-9 Sec.

4 October 1, 2019 32-1c(a) Sec.

5 October 1, 2019 32-23f(f) LCO No.

6633 10 of 11 Committee Bill No.

6552 Statement of Purpose:

To exempt from certain historic preservation requirements certain construction plans or projects to alter historic structures located in opportunity zones within distressed municipalities with populations of less than thirty thousand.

[Proposed deletions are enclosed in brackets.

Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] Co-Sponsors:

REP.

JOHNSON, 49th Dist.

H.B.

6552 LCO No.

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