Sec. 7-536. Definitions. Allocation of funds. Projects. Formulas. Applications for funds. Criteria for review of applications. Use of funds.
Sec. 7-536. Definitions. Allocation of funds. Projects. Formulas. Applications
for funds. Criteria for review of applications. Use of funds. (a) As used in sections
7-535 to 7-538, inclusive:
(1) "Adjusted equalized net grand list per capita" means the adjusted equalized net
grand list per capita determined for each town pursuant to section 10-261;
(2) "Density" means the population of a municipality divided by the number of
square miles of the municipality;
(3) "Grant anticipation note" means a note issued in anticipation of the receipt of
project grants to the municipality from moneys in the Local Capital Improvement Fund;
(4) "Local capital improvement project" means a municipal capital expenditure
project for any of the following purposes: (A) Road construction, renovation, repair or
resurfacing, (B) sidewalk and pavement improvements, (C) construction, renovation,
enlargement or repair of sewage treatment plants and sanitary or storm, water or sewer
lines, including separation of lines, (D) public building construction other than schools,
including renovation, repair, code compliance, energy conservation and fire safety projects, (E) construction, renovation, enlargement or repair of dams, bridges and flood
control projects, (F) construction, renovation, enlargement or repair of water treatment
or filtration plants and water mains, (G) construction, renovation or enlargement of solid
waste facilities, (H) improvements to public parks, (I) the preparation and revision of
local capital improvement plans projected for a period of not less than five years and
so prepared as to show the general description, need and estimated cost of each individual
capital improvement, (J) improvements to emergency communications systems, (K)
public housing projects, including renovations and improvements and energy conservation and the development of additional housing, (L) renovations to or construction of
veterans' memorial monuments, (M) thermal imaging systems, (N) bulky waste and
landfill projects, (O) the preparation and revision of municipal plans of conservation
and development adopted pursuant to section 8-23, provided such plans are endorsed
by the legislative body of the municipality not more than one hundred eighty days after
adoption by the commission, (P) acquisition of automatic external defibrillators, (Q)
floodplain management and hazard mitigation activities, (R) on-board oil refining systems consisting of a filtration canister and evaporation canister that remove solid and
liquid contaminants from lubricating oil, and (S) activities related to the planning of a
municipal broadband network, provided the speed of the network will be not less than
three hundred eight-four thousand bits per second. "Local capital improvement project"
means only capital expenditures and includes repairs incident to reconstruction and
renovation but does not include ordinary repairs and maintenance of an ongoing nature
and "floodplain management" and "hazard mitigation" shall have the same meaning as
in section 25-68j;
(5) "Municipality" means any town, city, borough, consolidated town and city or
consolidated town and borough;
(6) "Population" means the number of people according to the most recent federal
decennial census, except in intervening years between such censuses when it shall mean
the number according to the most recent estimate of the Department of Public Health; and
(7) "Secretary" means the Secretary of the Office of Policy and Management.
(b) On February first of each year, not more than the amount as authorized by the
General Assembly for the fiscal year from the resources of the Local Capital Improvement Fund shall be allocated to the Secretary of the Office of Policy and Management,
who shall allocate an amount to each municipality in the state in accordance with the
provisions of subsection (c) of this section. The secretary shall credit all such allocated
moneys to a local capital improvement account for each municipality and make local
improvement project grants from such accounts to such municipalities pursuant to the
provisions of this section. The secretary shall maintain records indicating, for each municipality's account, the amount credited to the account each year, the amount paid out
in local capital improvement project grants and charged to the account and the balance
available for additional local capital improvement project grants.
(c) Each allocation under subsection (b) of this section shall be made to municipalities in accordance with the following formula: (1) Thirty per cent of the amount shall
be allocated pro rata on the basis of the ratio of the total number of miles of improved
and unimproved highways in each town to the total number of miles of improved and
unimproved highways in all towns in the state, as determined under sections 13a-175b
and 13a-175d; (2) twenty-five per cent of the amount shall be allotted pro rata on the
basis of the following ratio: The density of each town multiplied by the population of
such town shall be the numerator of the fraction. The resulting products for all the towns
shall be added together, and the sum shall be the denominator of the fraction; (3) twenty-five per cent of the amount shall be allotted on the basis of the following ratio: The
population of each town multiplied by the inverse of the adjusted equalized net grand
list per capita of such town shall be the numerator of the fraction, and the resulting
products for all the towns shall be added together and the sum shall be the denominator
of the fraction; (4) twenty per cent of the amount shall be allotted pro rata on the basis
of the ratio of the population of each town to the population of the state. Any city or
borough not consolidated with the town in which it is located and any town containing
such a city or borough shall share the allocation to such town on the basis of the following
ratio: The total taxes levied in the previous fiscal year by such town, city or borough
shall be the numerator of the fraction. The total taxes levied by the town and all cities
or boroughs located within such town shall be added together, and the sum shall be the
denominator of the fraction. Any such city or borough may, by vote of its legislative
body, direct the Secretary of the Office of Policy and Management to reallocate all or
a portion of the share of such city or borough to the town in which it is located.
(d) On March first of each year the Secretary of the Office of Policy and Management shall indicate to each municipality the amount allocated to the municipality under
subsections (b) and (c) of this section in accordance with section 4-71a.
(e) Each municipality may apply to the secretary for project authorization and expense reimbursement of local capital improvement projects.
(f) The secretary shall approve or disapprove each completed application for a local
capital improvement project grant authorization not later than forty-five days after receipt of such application on a form prescribed by the secretary. Such application shall
include a certification by the municipality that: (1) The project for which grant assistance
is requested is a local capital improvement project; (2) the project is consistent with the
local capital improvement plan adopted by the municipality; and (3) the grant proceeds
shall not be used to satisfy a local matching requirement for any state assistance program
other than the local bridge program established under sections 13a-175p to 13a-175u,
inclusive. The municipality shall provide any other certification required by the secretary. The secretary shall authorize such grant if, in the secretary's opinion, the project
meets the requirements set forth in this section and any other requirement imposed by
the secretary and payment of such grant would not cause the local capital improvement
account of the municipality, established under subsection (b) of this section, to be overdrawn. If a municipality fails to request payment within seven years of such authorization
for a project, the secretary shall make no payment for such project unless the municipality
requests and receives a waiver for such project on such terms and conditions as the
secretary deems appropriate. On or before five years after the date of any such authorization and on or before six years after the date of any such authorization, the secretary
shall notify, in writing, any municipality for which any such authorization has been
made which notice shall indicate the time which has elapsed since such authorization
and the date after which the secretary may not make payments for an authorized project.
(g) Each municipality may apply to the secretary for expense reimbursement at the
time it submits a local capital improvement project authorization request or any time
after such authorization request has been approved by the secretary. The application for
expense reimbursement shall be submitted on a form prescribed by the secretary and
shall contain identification of the expenses for which reimbursement is sought and certification from the municipality that: (1) Expenditures for the project conform to the
provisions of subdivision (4) of subsection (a) of this section and the municipality is
entitled to the reimbursement requested in the application; and (2) the municipality
agrees to maintain detailed accounting records of the project reflecting the expenditures
for which reimbursement has been requested and to make such records available to its
independent auditor and the state. The municipality shall provide any other certification
required by the secretary. Not later than five business days after such certification, the
Comptroller shall draw his or her order on the Treasurer, who shall pay the grant to the
municipality.
(h) Each municipality receiving a local capital improvement project grant under
this section shall retain detailed accounting records of all expenses incurred relative to
the local capital improvement project for which a grant is received for a period of not
less than three years following the completion of such project. If the secretary determines
that such records are not maintained or a review of such records indicates that such
grant, or any portion thereof, was used for a purpose other than its intended purpose,
the secretary shall provide written notification to the chief executive officer of the municipality of such finding. Upon issuing a finding under this section, the secretary may
require the municipality to promptly pay to the state an amount equal to the amount of
the grant or he may cause the amount of any future grant made under this section to be
reduced by such amount.
(i) On and after January 1, 2001, no municipality shall receive any financial assistance under this section for improvements to information technology systems to manage
the century date change effect.
(j) No municipality shall be eligible to receive financial assistance under this section
for reimbursement of the cost of preparing a municipal plan of conservation and development, pursuant to section 8-23, more than once in any ten-year calendar period.
(P.A. 87-584, S. 12, 18; P.A. 88-343, S. 18-20, 32; P.A. 89-370, S. 4, 15; June Sp. Sess. P.A. 91-3, S. 159, 168; June
Sp. Sess. P.A. 91-13, S. 18, 21; May Sp. Sess. P.A. 92-7, S. 6, 36; P.A. 93-381, S. 9, 39; June Sp. Sess. P.A. 93-1, S. 7,
45; P.A. 94-53; P.A. 95-257, S. 12, 21, 58; 95-272, S. 3, 4, 29; 95-307, S. 1, 14; P.A. 97-244, S. 1, 13; June 5 Sp. Sess.
P.A. 97-1, S. 7, 20; P.A. 99-66, S. 2, 3, 5; 99-241, S. 4, 66; P.A. 00-167, S. 58, 59, 69; P.A. 01-197, S. 2-4; P.A. 02-89,
S. 10; May 9 Sp. Sess. P.A. 02-5, S. 3; P.A. 04-144, S. 3; P.A. 07-177, S. 1; 07-213, S. 10; 07-254, S. 2.)
History: P.A. 88-343 amended Subsec. (b) to make the program annual and to increase the bond authorization from
$20,000,000 to $30,000,000, amended Subsec. (d) to provide that the notice of allocation shall be in accordance with Sec.
4-71a and amended Subsec. (e) to change the application date from February 1, 1988, to March first of each year; P.A.
89-370 amended Subsec. (f) to change project authorization date in Subdiv. (2) from July 1, 1987, to May 1, 1987; June
Sp. Sess. P.A. 91-3 amended the local capital improvement program and created a new local transportation infrastructure
program; June Sp. Sess. P.A. 91-13 deleted all changes made by June Sp. Sess. P.A. 91-3 and restored language existing
as of January 1, 1991; May Sp. Sess. P.A. 92-7 amended Subsec. (a)(4) to clarify that all projects must be capital expenditures
and to remove local pavement management programs to analyze the condition of town roads from the definition, amended
Subsec. (b) to remove the provision adding interest to municipal accounts and amended Subsecs. (g) and (h) to insert
provisions relating to the timing of payments; P.A. 93-381 replaced department of health services with department of
public health and addiction services, effective July 1, 1993; June Sp. Sess. P.A. 93-1 redefined "local capital improvement
project" to include improvements to emergency communication systems, effective July 1, 1993; P.A. 94-53 amended
Subsec. (a) to redefine "local capital improvement project" to include sidewalk and pavement improvements; P.A. 95-257
replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of
Public Health, effective July 1, 1995; P.A. 95-272 redefined "local capital improvement project" in Subsec. (a) to include
public housing projects and amended Subsec. (b) to delete allocation amount of $30,000,000 and replace it with the amount
authorized by the General Assembly, effective July 1, 1995; P.A. 95-307 amended Subsec. (f) by extending the time for
a decision on an application from 30 to 45 days, effective July 6, 1995; P.A. 97-244 amended Subsec. (d) to add date for
notification of amount of the allocation, amended Subsec. (e) to refer to projects rather than grants, amended Subsec. (f)
to require application re prescribed forms and certification by the municipality and to establish criteria for approval,
amended Subsec. (g) to add provisions re expense reimbursement and amended Subsec. (h) to add provision re retention
of detailed accounting records of expenses, effective July 1, 1997; June 5 Sp. Sess. P.A. 97-1 added Subsec. (a)(4)(L) re
renovations to or construction of veterans' memorial monuments, effective July 31, 1997 (Revisor's note: The reference
in Subpara. (L) to "veterans memorial monuments" was changed editorially by the Revisors to "veterans' memorial monuments" for grammatical accuracy); P.A. 99-66 added Subsec. (a)(4)(M) re improvements to information technology systems
in definition of "local capital improvement project" and added new Subsec. (i) re termination of assistance to municipalities
as of January 1, 2001, effective May 27, 1999; P.A. 99-241 amended Subsec. (f) to add provision that the secretary make
no payment if a municipality fails to request payment within five years of authorization, effective July 1, 1999; P.A. 00-167 amended Subsec. (a)(4) to include flood control projects, thermal imaging systems and bulky waste and landfill projects
as "local capital improvement projects" and amended Subsec. (f) to extend the time within which municipalities must
request payment for authorized projects from five years to seven years and provide for notice to municipalities of the
deadline, effective July 1, 2000; P.A. 01-197 added Subsec. (a)(4)(P) to include preparation and revision of municipal
plans of conservation and development and added new Subsec. (j) re eligibility for reimbursement for cost of preparing a
municipal plan of conservation and development, effective July 1, 2001, and applicable to municipal plans of conservation
and development prepared after that date; P.A. 02-89 amended Subsec. (a)(4) to delete as obsolete former Subpara. (M)
re "improvements to information technology systems to manage the century date change effect, as defined in section 4d-16," and redesignate former Subparas. (N), (O) and (P) as Subparas. (M), (N) and (O); May 9 Sp. Sess. P.A. 02-5 amended
Subsec. (a)(4) to include acquisition of automatic external defibrillators in the definition of "local capital improvement
project" as new Subpara. (P), effective July 1, 2002; P.A. 04-144 added Subsec. (a)(4)(Q) re floodplain management and
hazard mitigation activities and defining "floodplain management" and "hazard mitigation"; P.A. 07-177 amended Subsec.
(a)(4) to add Subpara. (R) to include on-board oil refining systems in the definition of "local capital improvement project",
effective July 1, 2007; P.A. 07-213 amended Subsec. (g) to change "fifteen days" to "five business days" and make technical
changes, effective July 10, 2007; P.A. 07-254 amended Subsec. (a)(4) to redefine "local capital improvement project" by
including activities related to the planning of a municipal broadband network in new Subpara. (R) (Revisor's note: New
Subpara. (R) was repositioned editorially by the Revisors to immediately follow existing Subparas. (A) to (Q), inclusive,
and new Subpara. (R) added by P.A. 07-177 to maintain continuity of itemized project purposes and was redesignated as
Subpara. (S)).