SB 435 — AN ACT CONCERNING THE DESIGNATION OF FARM LAND AND OPEN SPACE LAND AND REVISIONS TO THE CONNECTICUT ENTITY TRANSACTIONS ACT.

General Assembly Substitute Senate Bill No.

435 FebruaryPublic Session,Act 2024No. AN ACT CONCERNING THE DESIGNATION OF FARM LAND AND OPEN SPACE LAND AND REVISIONS TO THE CONNECTICUT ENTITY TRANSACTIONS ACT.

24-70 AN ACT CONCERNING THE DESIGNATION OF FARM LAND AND OPEN SPACE LAND AND REVISIONS TO THE CONNECTICUT ENTITY TRANSACTIONS ACT.

(a) Notwithstanding the provisions of any general statute or municipal ordinance or regulation pertaining to nuisances to the contrary, no agricultural or farming operation, place, establishment or facility, or any of its appurtenances, or the operation thereof, shall be deemed to constitute a nuisance, either public or private, due to alleged objectionable (1) odor fromfromlivestock,manure,fertilizer livestock,manure,fertilizer or feed,(2)noise from livestock or farm equipment used in normal, generally acceptable farming procedures, (3) dust created during plowing or cultivation operations, (4) use of chemicals, provided such chemicals and the method of their application conform to practices approved by the Commissioner of Energy and Environmental Protection or, where applicable, the Commissioner of Public Health, or (5) water pollution from livestock or crop production activities, except the pollution of public or private drinking water supplies, provided such activities conform to acceptable management practices for pollution control approved by the Commissioner of Energy and Environmental LCO 1 of 12 Substitute Senate Bill No.

435 approved by the Commissioner of Energy and Environmental Protection;

(a) An owner of land may apply for its classification as farm land on any grand list of a municipality by filing a written application for such classificationwiththeassessorPublic thereofnotAct earlier thanthirty daysbefore or later than thirty days after the assessment date, provided in a year in which a revaluation of all real property in accordance with section 12- LCO 2 of 12 Substitute Bill No.

43524-70 622 becomesof effective12 suchSubstitute applicationSenate mayBill beNo. filed not later than ninety days after such assessment date.

435 classificationwiththeassessor thereofnot earlier thanthirty daysbefore or later than thirty days after the assessment date, provided in a year in which a revaluation of all real property in accordance with section 12- becomes effective such application may be filed not later than ninety days after such assessment date.

(b) An owner of land included in any area designated as open space land upon any plan as finally adopted may apply for its classification as open space land on any grand list of a municipality by filing a written application for such classification with the assessor thereof not earlier than thirty days before or later than thirty days after the assessment date,Public providedAct inNo. a year in which a revaluation of all real property in accordance with section 12-62 becomes effective such application may be filed not later than ninety days after such assessment date.

The24-70 assessor shall determine whether there has been any change in the area designated as an area of open space land upon the plan of development which adversely affects its essential character as an area of open space LCO 3 of 12 Substitute Senate Bill No.

435 landdate, and,provided ifin the assessor determines that there has been no such change, said assessor shall classify such land as open space land and include it assuchonthegrandlist.Anapplicationforclassificationoflandasopen space land shall be made upon a formyear prescribedin by the Commissioner of Agriculture and shall set forth a description of the land, a general description of the use to which it is being put, a statementrevaluation of theall potentialreal liabilityproperty forin taxaccordance underwith the provisions of section 12-504a12-62 tobecomes 12-effective 504f, inclusive, and such otherapplication information as the assessor may requirebe tofiled aidnot inlater determiningthan whetherninety suchdays landafter qualifies for such classification.assessment date.

The assessor shall determine whether there has been any change in the area designated as an area of open space land upon the plan of development which adversely affects its essential character as an area of open space land and, if the assessor determines that there has been no such change, said assessor shall classify such land as open space land and include it assuchonthegrandlist.Anapplicationforclassificationoflandasopen space land shall be made upon a form prescribed by the Commissioner of Agriculture and shall set forth a description of the land, a general description of the use to which it is being put, a statement of the potential liability for tax under the provisions of section 12-504a to 12- 504f, inclusive, and such other information as the assessor may require to aid in determining whether such land qualifies for such classification.

(b)Public ThisAct chapterNo. shall not authorize any action prohibited by law or affect the application or requirements of law.

(c)24-70 A transaction effected under this chapter shall not create or impair any right or obligation on the part of a person under a provision of the law of this state relating to a change in control, takeover, business combination, control-share acquisition or similar transaction involving a domestic merging, acquired, converting or domesticating corporation unless (1) the transaction satisfies any requirements of such provision, LCO 4 of 12 Substitute Senate Bill No.

435 provided(b) theThis corporationchapter doesshall not surviveauthorize theany transaction,action orprohibited (2) the approval of the plan is by alaw vote of the shareholders or directorsaffect that is sufficient to create or impair the rightapplication or obligationrequirements directlyof underlaw. such provision, provided the corporation survives the transaction.

(c) A transaction effected under this chapter shall not create or impair any right or obligation on the part of a person under a provision of the law of this state relating to a change in control, takeover, business combination, control-share acquisition or similar transaction involving a domestic merging, acquired, converting or domesticating corporation unless (1) the transaction satisfies any requirements of such provision, provided the corporation does not survive the transaction, or (2) the approval of the plan is by a vote of the shareholders or directors that is sufficient to create or impair the right or obligation directly under such provision, provided the corporation survives the transaction.

Section 34-608 of the general statutes is repealed and the followingPublic isAct substitutedNo. in lieu thereof (Effective October 1, 2024):

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435 following is substituted in lieu thereof (Effective October 1, 2024):

LCO(5) 5Worker ofcooperative 12corporations Substituteformed Billunder No.chapter 599a;] [(6)] (1) Insurance companies, health care centers and other corporations formed under chapters 697 and 698;

435 (5) Worker cooperative corporations formed under chapter 599a;] [(6)] (1) Insurance companies, health care centers and other corporations formed under chapters 697 and 698;

[(15)]Public (10)Act Out-of-stateNo. banks formed under chapter 666;

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435 [(15)] (10) Out-of-state banks formed under chapter 666;

LCO(22) 6A ofbusiness 12trust Substituteor Billstatutory No.trust entity;

435 (22) A business trust or statutory trust entity;

(a)Public AAct planNo. of merger of a domestic merging entity may be amended (1) in the same manner as the plan was approved, provided the plan does not otherwise specify the manner in which it may be amended, or (2) by the governors or interest holders of the entity in the manner provided in the plan, except an interest holder that was entitled to vote on or consent to approval of the merger is entitled to vote on or consent to any amendment of the plan that shall change (A) the amount or kind of interests, securities, obligations, rights to acquire interests or securities, cash, or other property, or any combination thereof, to be received by the interest holders of any party to the plan;

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435 (a) A plan of merger of a domestic merging entity may be amended (1) in the same manner as the plan was approved, provided the plan does not otherwise specify the manner in which it may be amended, or (2) by the governors or interest holders of the entity in the manner provided in the plan, except an interest holder that was entitled to vote on or consent to approval of the merger is entitled to vote on or consent to any amendment of the plan that shall change (A) the amount or kind of interests, securities, obligations, rights to acquire interests or securities, cash, or other property, or any combination thereof, to be received by the interest holders of any party to the plan;

or (C) any other terms or conditions of the plan, provided the change would adversely LCOaffect 7the ofinterest 12holder Substitutein Billany No.material respect.

435 affect the interest holder in any material respect.

and (3) a statement that the merger has beenPublic abandonedAct inNo. accordance with this section.

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435 been abandoned in accordance with this section.

LCO(e) 8When a merger becomes effective, a foreign entity that is the surviving entity (1) may be served with process in this state for the collection and enforcement of 12any Substituteliabilities Billof No.a domestic merging entity;

435 (e) When a merger becomes effective, a foreign entity that is the surviving entity (1) may be served with process in this state for the collection and enforcement of any liabilities of a domestic merging entity;

and (2) if it is not a qualified foreign entity, shall appoint the Secretary of the State as its agentPublic forAct serviceNo. of process for collecting or enforcing [those] such liabilities.

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435 agent for service of process for collecting or enforcing [those] such liabilities.

The [statement] certificate of abandonment shall contain (1) the name of the LCOdomesticating 9entity; of 12 Substitute Bill No.