Sec. 4b-28. (Formerly Sec. 4-36a). Notice of proposed change in use of state-supervised property. Notice of construction or enlargement of building or underground utility facility.
Sec. 4b-28. (Formerly Sec. 4-36a). Notice of proposed change in use of state-supervised property. Notice of construction or enlargement of building or underground utility facility. (a) Each state agency, commission or state department proposing
any change in the use of any real property under the supervision of such agency, commission or department, within any town, city or borough shall notify the chief executive
officer of such town, city or borough, and the municipal clerk, in writing, of such proposed change in the use of such real property not less than one hundred twenty days
prior to the effective date of such change. Within fifteen days of receipt of such notice,
the chief executive officer or legislative body may request the agency, commission or
department to conduct an informational meeting in the town, city or borough on the
proposed change.
(b) Each state agency, commission or department, except the Department of Transportation, that plans to construct or enlarge a building or underground utility facility,
which project has an estimated cost of one hundred thousand dollars or more, shall give
written notice to the chief executive officer of the town, city or borough in which such
project is planned, and to the members of the General Assembly representing such town,
city or borough, not later than sixty days before advertising for bids for such project. If
a state agency, commission or department plans to do such construction or enlargement
itself, it shall give such notice not later than sixty days before beginning the work.
Notwithstanding the provisions of this subsection, if the executive authority of the
agency, commission or department determines that an emergency exists or that compliance with the provisions of this subsection would increase the cost of the construction
or enlargement project, such agency, commission or department shall give such notice
as soon as practicable. As used in this section, "executive authority" shall be construed
as defined in section 4-37e. The provisions of this section shall not apply to a community-based residential facility for mentally retarded or mentally ill individuals.
(P.A. 75-78; 75-567, S. 38, 80; P.A. 91-375, S. 2, 3; P.A. 93-82.)
History: P.A. 75-567 required notification "not less than" 60 days before change takes effect rather than "within" 60 days
as originally stated; Sec. 4-36a transferred to Sec. 4b-28 in 1989; P.A. 91-375 added Subsec. (b) re notice to municipality of
agency plans to construct or enlarge certain buildings or underground utility facilities; P.A. 93-82 amended Subsec. (a) to
require notification of municipal clerks and extend the time for notice to a municipality of the change in use of state property
from 60 to 120 days and to provide that the chief executive officer or legislative body of a municipality may request an
informational meeting on the change.