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House Bill No. 5506
Public Act No. 22-118
AN ACT ADJUSTING THE STATE BUDGET FOR THE BIENNIUM ENDING JUNE 30, 2023, CONCERNING PROVISIONS RELATED TO REVENUE, SCHOOL CONSTRUCTION AND OTHER ITEMS TO IMPLEMENT THE STATE BUDGET AND AUTHORIZING AND ADJUSTING BONDS OF THE STATE. Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (Effective July 1, 2022) The amounts appropriated for the fiscal year ending June 30, 2023, in section 1 of special act 21-15, regarding the GENERAL FUND are amended to read as follows:
2022-2023
LEGISLATIVE
LEGISLATIVE MANAGEMENT
Personal Services [52,173,549] 52,773,549
Other Expenses [16,559,400] 16,909,400
Equipment 1,456,000
Flag Restoration 65,000
Minor Capital Improvements 1,800,000
Interim Salary/Caucus Offices 536,102
Redistricting 350,000
Connecticut Academy of Science and Engineering 103,000
Old State House 700,000
House Bill No. 5506
Public Act No. 22-118 2 of 739
Interstate Conference Fund 456,822
New England Board of Higher Education 196,488
AGENCY TOTAL [74,396,361] 75,346,361
AUDITORS OF PUBLIC ACCOUNTS
Personal Services 13,546,449
Other Expenses [272,143] 322,143
AGENCY TOTAL [13,818,592] 13,868,592
COMMISSION ON WOMEN, CHILDREN, SENIORS, EQUITY AND OPPORTUNITY
Personal Services [661,954] 751,954
Other Expenses 60,000
AGENCY TOTAL [721,954] 811,954
GENERAL GOVERNMENT
GOVERNOR'S OFFICE
Personal Services [2,487,623] 2,937,623
Other Expenses [424,483] 635,401
Office of Workforce Strategy [250,000] 470,000
New England Governors' Conference 70,672
National Governors' Association 101,270
AGENCY TOTAL [3,334,048] 4,214,966
SECRETARY OF THE STATE
Personal Services [3,043,510] 3,193,510
Other Expenses 1,303,561
Commercial Recording Division 4,905,469
AGENCY TOTAL [9,252,540] 9,402,540
LIEUTENANT GOVERNOR'S OFFICE
Personal Services 673,176
Other Expenses [57,251] 46,323
AGENCY TOTAL [730,427] 719,499
House Bill No. 5506
Public Act No. 22-118 3 of 739
ELECTIONS ENFORCEMENT COMMISSION
Elections Enforcement Commission 3,760,814
OFFICE OF STATE ETHICS
Office of State Ethics [1,684,206] 1,729,523
FREEDOM OF INFORMATION COMMISSION
Freedom of Information Commission [1,782,907] 1,882,420
STATE TREASURER
Personal Services 3,161,550
Other Expenses 124,374
AGENCY TOTAL 3,285,924
STATE COMPTROLLER
Personal Services [25,187,048] 26,200,122
Other Expenses 7,473,297
AGENCY TOTAL [32,660,345] 33,673,419
DEPARTMENT OF REVENUE SERVICES
Personal Services [60,973,105] 57,087,758
Other Expenses [7,920,475] 5,117,358
AGENCY TOTAL [68,893,580] 62,205,116
OFFICE OF GOVERNMENTAL ACCOUNTABILITY
Personal Services
400,000
Other Expenses [27,444] 25,098
Child Fatality Review Panel 112,521
Contracting Standards Board 637,029
Judicial Review Council 138,449
Judicial Selection Commission 94,876
Office of the Child Advocate 742,347
Office of the Victim Advocate 444,902
House Bill No. 5506
Public Act No. 22-118 4 of 739
Board of Firearms Permit Examiners 121,429
AGENCY TOTAL [2,318,997] 2,716,651
OFFICE OF POLICY AND MANAGEMENT
Personal Services [17,405,087] 18,329,598
Other Expenses 1,173,488
Automated Budget System and Data Base Link 20,438
Justice Assistance Grants 790,356
[Project Longevity] [948,813]
Tax Relief For Elderly Renters 25,020,226
Private Providers [80,000,000] 147,000,000
Reimbursement to Towns for Loss of Taxes on State Property 54,944,031
Reimbursements to Towns for Private Tax- Exempt Property 108,998,308
Reimbursement Property Tax - Disability Exemption 364,713
Distressed Municipalities 1,500,000
Property Tax Relief Elderly Freeze Program 10,000
Property Tax Relief for Veterans 2,708,107
Municipal Revenue Sharing 36,819,135
Municipal Transition [32,331,732] 132,331,732
Municipal Stabilization Grant 37,853,335
Municipal Restructuring 7,300,000
Tiered PILOT [80,000,000] 83,092,573
AGENCY TOTAL [488,187,769] 658,256,040
DEPARTMENT OF VETERANS' AFFAIRS
Personal Services [20,981,118] 20,913,434
Other Expenses [2,888,691] 3,029,113
SMS Administration 511,396
Veterans' Rally Point
500,000
Burial Expenses 6,666
Headstones 307,834
AGENCY TOTAL [24,695,705] 25,268,443
House Bill No. 5506
Public Act No. 22-118 5 of 739
DEPARTMENT OF ADMINISTRATIVE SERVICES
Personal Services [60,226,372] 83,030,444
Other Expenses [28,708,951] 28,856,256
Loss Control Risk Management 88,003
Employees' Review Board 17,611
Surety Bonds for State Officials and Employees 71,225
Refunds Of Collections 20,381
Rents and Moving 4,610,985
W. C. Administrator 5,000,000
State Insurance and Risk Mgmt. Operations 14,922,588
IT Services [24,940,353] 46,296,287
Firefighters Fund 400,000
AGENCY TOTAL [139,006,469] 183,313,780
ATTORNEY GENERAL
Personal Services 34,736,782
Other Expenses 1,034,810
AGENCY TOTAL 35,771,592
DIVISION OF CRIMINAL JUSTICE
Personal Services 50,262,451
Other Expenses [2,529,953] 4,853,116
Witness Protection 164,148
Training And Education 147,398
Expert Witnesses 135,413
Medicaid Fraud Control 1,313,872
Criminal Justice Commission 409
Cold Case Unit 239,872
Shooting Taskforce 1,192,844
AGENCY TOTAL [55,986,360] 58,309,523
REGULATION AND PROTECTION
House Bill No. 5506
Public Act No. 22-118 6 of 739
DEPARTMENT OF EMERGENCY SERVICES AND PUBLIC PROTECTION
Personal Services [168,595,049] 166,354,402
Other Expenses [33,937,196] 30,916,158
Stress Reduction 25,354
Fleet Purchase [6,244,697] 6,619,452
Criminal Justice Information System [3,212,881] 4,990,355
Fire Training School - Willimantic 150,076
Maintenance of County Base Fire Radio Network 19,528
Maintenance of State-Wide Fire Radio Network 12,997
Police Association of Connecticut 172,353
Connecticut State Firefighter's Association 176,625
Fire Training School - Torrington 81,367
Fire Training School - New Haven 48,364
Fire Training School - Derby 37,139
Fire Training School - Wolcott 100,162
Fire Training School - Fairfield 70,395
Fire Training School - Hartford 169,336
Fire Training School - Middletown 68,470
Fire Training School - Stamford 55,432
Volunteer Firefighter Training 70,000
AGENCY TOTAL [213,247,421] 210,137,965
MILITARY DEPARTMENT
Personal Services [3,086,377] 2,975,143
Other Expenses [2,351,909] 2,304,823
Honor Guards [469,000] 549,000
Veteran's Service Bonuses 93,333
AGENCY TOTAL [6,000,619] 5,922,299
DEPARTMENT OF CONSUMER PROTECTION
Personal Services [14,610,514] 14,180,441
Other Expenses [1,142,686] 697,940
AGENCY TOTAL [15,753,200] 14,878,381
House Bill No. 5506
Public Act No. 22-118 10 of 739
Local and District Departments of Health [7,919,014] 7,179,622
School Based Health Clinics 10,680,828
AGENCY TOTAL [68,950,594] 65,327,918
OFFICE OF HEALTH STRATEGY
Personal Services [2,874,570] 3,155,860
Other Expenses 13,042
Covered Connecticut Program 15,600,000
AGENCY TOTAL [18,487,612] 18,768,902
OFFICE OF THE CHIEF MEDICAL EXAMINER
Personal Services [6,953,140] 7,454,531
Other Expenses [1,534,987] 1,878,987
Equipment 23,310
Medicolegal Investigations 22,150
AGENCY TOTAL [8,533,587] 9,378,978
DEPARTMENT OF DEVELOPMENTAL SERVICES
Personal Services [211,934,849] 212,746,963
Other Expenses [16,439,356] 25,078,285
Housing Supports and Services 1,400,000
Family Support Grants 3,700,840
Clinical Services 2,337,724
Behavioral Services Program [20,246,979] 16,946,979
Supplemental Payments for Medical Services 2,808,132
ID Partnership Initiatives [1,529,000] 3,691,500
Emergency Placements 5,666,455
Rent Subsidy Program 5,032,312
Employment Opportunities and Day Services [308,316,217] 332,005,289
AGENCY TOTAL [579,411,864] 611,414,479
DEPARTMENT OF MENTAL HEALTH AND ADDICTION SERVICES
Personal Services [220,432,796] 222,439,538
House Bill No. 5506
Public Act No. 22-118 11 of 739
Other Expenses [26,750,838] 33,134,145
Housing Supports and Services [23,403,595] 25,653,595
Managed Service System [59,422,822] 62,547,822
Legal Services 706,179
Connecticut Mental Health Center [8,848,323] 9,229,406
Professional Services 14,400,697
General Assistance Managed Care [42,360,495] 18,068,501
Nursing Home Screening 652,784
Young Adult Services 84,319,278
TBI Community Services 8,511,915
Behavioral Health Medications 6,720,754
Medicaid Adult Rehabilitation Option 4,184,260
Discharge and Diversion Services [30,313,084] 32,813,084
Home and Community Based Services [24,404,347] 25,074,941
Nursing Home Contract [409,594] 447,287
Katie Blair House 15,150
Forensic Services 10,408,558
Grants for Substance Abuse Services [18,242,099] 29,941,077
Grants for Mental Health Services 66,646,453
Employment Opportunities 8,849,543
AGENCY TOTAL [660,003,564] 664,764,967
PSYCHIATRIC SECURITY REVIEW BOARD
Personal Services 307,613
Other Expenses 24,943
AGENCY TOTAL 332,556
HUMAN SERVICES
DEPARTMENT OF SOCIAL SERVICES
Personal Services [140,063,423] 141,311,454
Other Expenses [145,725,510] 159,603,082
Genetic Tests in Paternity Actions 81,906
HUSKY B Program [24,170,000] 15,570,000
Adjust Funding Related to the Substance Use Disorder Waiver
3,269,396
House Bill No. 5506
Public Act No. 22-118 12 of 739
Medicaid [2,991,351,000] 3,036,265,362
Old Age Assistance [30,660,000] 33,360,000
Aid To The Blind [523,900] 478,900
Aid To The Disabled [37,620,000] 38,120,000
Temporary Family Assistance - TANF 36,910,000
Emergency Assistance 1
Food Stamp Training Expenses 9,341
DMHAS-Disproportionate Share 108,935,000
Connecticut Home Care Program [35,565,000] 41,993,477
Human Resource Development-Hispanic Programs 1,043,704
Community Residential Services [668,069,602] 727,985,200
Safety Net Services 1,334,544
Refunds Of Collections 89,965
Services for Persons With Disabilities 276,362
Nutrition Assistance 750,204
State Administered General Assistance [15,240,000] 12,940,000
Connecticut Children's Medical Center 11,138,737
Community Services [2,055,376] 3,155,376
Human Services Infrastructure Community Action Program 3,803,200
Teen Pregnancy Prevention 1,255,827
Domestic Violence Shelters [5,425,349] 6,865,349
Hospital Supplemental Payments 568,300,000
Teen Pregnancy Prevention - Municipality 98,281
AGENCY TOTAL [4,830,496,232] 4,954,944,668
DEPARTMENT OF AGING AND DISABILITY SERVICES
Personal Services [7,275,613] 6,844,887
Other Expenses [1,355,404] 1,298,575
Educational Aid for Children - Blind or Visually Impaired 4,552,693
Employment Opportunities – Blind & Disabled 370,890
Vocational Rehabilitation - Disabled 7,697,683
Supplementary Relief and Services 44,847
House Bill No. 5506
Public Act No. 22-118 13 of 739
Special Training for the Deaf Blind 240,628
Connecticut Radio Information Service 70,194
Independent Living Centers 766,760
Programs for Senior Citizens 3,578,743
Elderly Nutrition 3,110,676
AGENCY TOTAL [29,064,131] 28,576,576
EDUCATION
DEPARTMENT OF EDUCATION
Personal Services [18,539,173] 17,845,594
Other Expenses [4,420,204] 2,078,463
Development of Mastery Exams Grades 4, 6, and 8 10,534,750
Primary Mental Health 345,288
Leadership, Education, Athletics in Partnership (LEAP) 312,211
Adult Education Action 194,534
Connecticut Writing Project 20,250
Neighborhood Youth Centers 613,866
Sheff Settlement [10,299,710] 22,633,895
Parent Trust Fund Program 267,193
Commissioner's Network 10,009,398
Local Charter Schools 957,000
Bridges to Success 27,000
Talent Development 2,205,573
School-Based Diversion Initiative 900,000
EdSight 1,105,756
Sheff Transportation [52,813,212] 54,240,688
Curriculum and Standards 2,215,782
[Non Sheff Transportation] Non-Sheff Transportation 10,078,550
Minority Teacher Scholarship
1,000,000
American School For The Deaf [8,357,514] 9,157,514
Regional Education Services 262,500
Family Resource Centers 5,802,710
House Bill No. 5506
Public Act No. 22-118 14 of 739
Charter Schools [130,579,996] 134,477,285
Child Nutrition State Match 2,354,000
Health Foods Initiative 4,151,463
Vocational Agriculture 18,824,200
Adult Education [21,333,248] 22,333,248
Health and Welfare Services Pupils Private Schools 3,438,415
Education Equalization Grants [2,184,789,061] 2,178,800,382
Bilingual Education [1,916,130] 3,832,260
Priority School Districts 30,818,778
Interdistrict Cooperation 1,537,500
School Breakfast Program 2,158,900
Excess Cost - Student Based [140,619,782] 156,119,782
Open Choice Program [30,342,327] 38,360,327
Magnet Schools [284,584,077] 292,926,486
After School Program 5,750,695
Extended School Hours 2,919,883
School Accountability 3,412,207
AGENCY TOTAL [3,009,812,836] 3,055,024,326
CONNECTICUT TECHNICAL EDUCATION AND CAREER SYSTEM
Personal Services [148,699,621] 147,409,256
Other Expenses 22,668,577
AGENCY TOTAL [171,368,198] 170,077,833
OFFICE OF EARLY CHILDHOOD
Personal Services [9,588,976] 9,343,095
Other Expenses [433,935] 319,731
Birth to Three [24,452,407] 29,452,407
Evenstart 295,456
2Gen - TANF 412,500
Nurturing Families Network 10,347,422
Early Child Care Provider Stabilization Payments
50,000,000
Head Start Services 5,083,238
House Bill No. 5506
Public Act No. 22-118 15 of 739
Care4Kids TANF/CCDF 59,527,096
Child Care Quality Enhancements 5,954,530
Early Head Start-Child Care Partnership 1,500,000
Early Care and Education [135,079,054] 160,386,759
Smart Start 3,325,000
AGENCY TOTAL [255,999,614] 335,947,234
STATE LIBRARY
Personal Services [5,532,981] 5,371,936
Other Expenses [662,301] 667,223
State-Wide Digital Library 1,575,174
Interlibrary Loan Delivery Service 315,667
Legal/Legislative Library Materials 574,540
Library for the Blind
100,000
Support Cooperating Library Service Units 124,402
Connecticard Payments 703,638
AGENCY TOTAL [9,488,703] 9,432,580
OFFICE OF HIGHER EDUCATION
Personal Services [1,581,234] 1,473,629
Other Expenses [165,634] 449,093
Minority Advancement Program 1,625,187
National Service Act 251,505
Minority Teacher Incentive Program 570,134
Roberta B. Willis Scholarship Fund 33,388,637
AGENCY TOTAL [37,582,331] 37,758,185
UNIVERSITY OF CONNECTICUT
Operating Expenses 207,784,065
Institute for Municipal and Regional Policy 400,000
AGENCY TOTAL 208,184,065
UNIVERSITY OF CONNECTICUT HEALTH CENTER
Operating Expenses 133,354,285
AHEC 375,832
House Bill No. 5506
Public Act No. 22-118 16 of 739
AGENCY TOTAL 133,730,117
TEACHERS' RETIREMENT BOARD
Personal Services 1,802,924
Other Expenses 497,003
Retirement Contributions 1,578,038,000
Retirees Health Service Cost [29,901,000] 12,901,000
Municipal Retiree Health Insurance Costs [5,100,000] 9,840,000
AGENCY TOTAL [1,615,338,927] 1,603,078,927
CONNECTICUT STATE COLLEGES AND UNIVERSITIES
Charter Oak State College 3,291,607
Community Tech College System 149,563,169
Connecticut State University [154,487,093] 154,172,093
Board of Regents 408,341
Developmental Services 8,912,702
Outcomes-Based Funding Incentive 1,202,027
O'Neill Chair
315,000
AGENCY TOTAL 317,864,939
CORRECTIONS
DEPARTMENT OF CORRECTION
Personal Services [389,833,793] 387,850,632
Other Expenses [71,038,385] 70,588,736
Inmate Medical Services [121,777,650] 122,472,650
Board of Pardons and Paroles [7,229,605] 7,118,831
STRIDE 73,342
Aid to Paroled and Discharged Inmates 3,000
Legal Services To Prisoners 797,000
Volunteer Services 87,725
Community Support Services 41,284,033
AGENCY TOTAL [632,124,533] 630,275,949
House Bill No. 5506
Public Act No. 22-118 17 of 739
DEPARTMENT OF CHILDREN AND FAMILIES
Personal Services [284,948,344] 284,939,407
Other Expenses [29,144,436] 28,255,812
Family Support Services 946,637
Differential Response System [15,821,651] 8,359,970
Regional Behavioral Health Consultation 1,646,024
Community Care Coordination
7,979,078
Health Assessment and Consultation 1,425,668
Grants for Psychiatric Clinics for Children [16,225,467] 16,475,467
Day Treatment Centers for Children 7,311,795
Child Abuse and Neglect Intervention 9,889,765
Community Based Prevention Programs [7,527,800] 8,527,800
Family Violence Outreach and Counseling 3,745,405
Supportive Housing 19,886,064
No Nexus Special Education 3,110,820
Family Preservation Services 6,594,028
Substance Abuse Treatment [8,686,495] 9,186,495
Child Welfare Support Services 2,560,026
Board and Care for Children - Adoption [111,010,454] 109,384,511
Board and Care for Children - Foster [144,471,637] 137,349,565
Board and Care for Children - Short-term and Residential [78,391,093] 77,131,028
Individualized Family Supports [5,595,501] 5,225,000
Community Kidcare [44,113,620] 44,728,723
Covenant to Care 165,602
Juvenile Review Boards [1,319,411] 1,569,411
Youth Transition and Success Programs 450,000
Youth Service Bureaus [2,640,772] 2,654,772
Youth Service Bureau Enhancement 1,093,973
AGENCY TOTAL [808,722,488] 800,592,846
JUDICIAL
JUDICIAL DEPARTMENT
Personal Services [369,262,702] 371,782,778
House Bill No. 5506
Public Act No. 22-118 18 of 739
Other Expenses [61,349,008] 63,552,164
Forensic Sex Evidence Exams 1,348,010
Alternative Incarceration Program [50,086,434] 50,836,434
Justice Education Center, Inc. 469,714
Juvenile Alternative Incarceration [28,789,161] 28,789,960
Probate Court 13,359,024
Workers' Compensation Claims 7,042,106
[Youthful Offender Services] [799]
Victim Security Account 8,792
Children of Incarcerated Parents 493,728
Legal Aid 1,397,144
Youth Violence Initiative 2,299,486
Youth Services Prevention [5,169,997] 5,769,997
Children's Law Center 92,445
Project Longevity
3,424,373
Juvenile Planning [500,000] 600,000
Juvenile Justice Outreach Services [23,463,343] 24,713,343
Board and Care for Children - Short-term and Residential 7,732,474
Counsel for Domestic Violence 1,250,000
AGENCY TOTAL [574,114,367] 584,961,972
PUBLIC DEFENDER SERVICES COMMISSION
Personal Services 45,690,053
Other Expenses 1,565,163
Assigned Counsel - Criminal [22,313,034] 23,222,393
Expert Witnesses 2,775,604
Training And Education 119,748
AGENCY TOTAL [72,463,602] 73,372,961
NON-FUNCTIONAL
DEBT SERVICE - STATE TREASURER
Debt Service [2,010,045,782] 1,987,098,186
UConn 2000 - Debt Service [223,746,381] 219,070,756
House Bill No. 5506
Public Act No. 22-118 19 of 739
CHEFA Day Care Security 5,500,000
Pension Obligation Bonds - TRB 306,680,521
Municipal Restructuring 54,098,049
AGENCY TOTAL [2,600,070,733] 2,572,447,512
STATE COMPTROLLER - MISCELLANEOUS
Nonfunctional - Change to Accruals -183,745,635
STATE COMPTROLLER - FRINGE BENEFITS
Unemployment Compensation [9,915,000] 7,915,000
Higher Education Alternative Retirement System 12,997,500
Pensions and Retirements - Other Statutory 2,191,248
Judges and Compensation Commissioners Retirement [35,136,261] 32,532,792
Insurance - Group Life [10,223,000] 10,514,900
Employers Social Security Tax [235,459,979] 232,940,179
State Employees Health Service Cost [741,475,400] 745,300,000
Retired State Employees Health Service Cost 875,791,000
Other Post Employment Benefits [86,077,363] 85,657,863
SERS Defined Contribution Match [16,903,188] 17,096,788
State Employees Retirement Contributions - Normal Cost [158,298,835] 167,611,504
State Employees Retirement Contributions - UAL [1,350,688,768] 1,400,199,989
AGENCY TOTAL [3,535,157,542] 3,590,748,763
RESERVE FOR SALARY ADJUSTMENTS
Reserve For Salary Adjustments [114,280,948] 161,680,948
WORKERS' COMPENSATION CLAIMS - ADMINISTRATIVE SERVICES
Workers' Compensation Claims 8,259,800
Workers' Compensation Claims – University of Connecticut 2,271,228
House Bill No. 5506
Public Act No. 22-118 20 of 739
Claims – University of Connecticut Health Center [2,917,484] 3,460,985
Workers' Compensation Claims – Board of Regents Higher Ed 3,289,276
Claims – Department of Children and Families [9,933,562] 10,286,952
Workers' Compensation Claims Mental Health & Addiction Serv 16,721,165
Claim Department of Emergency Services and Public Protection 3,723,135
Claims – Department of Developmental Services [15,404,040] 15,773,417
Workers' Compensation Claims – Department of Correction [31,115,914] 31,751,896
AGENCY TOTAL [93,635,604] 95,537,854
TOTAL - GENERAL FUND [21,661,537,548] 22,229,354,644
LESS:
Unallocated Lapse -48,715,570
Unallocated Lapse - Judicial -5,000,000
SEBAC Specialty Drug Savings
-13,000,000
CREATES Savings Initiative Lapse -73,487,242
NET - GENERAL FUND [21,534,334,736] 22,089,151,832
Sec. 2. (Effective July 1, 2022) The amounts appropriated for the fiscal year ending June 30, 2023, in section 2 of special act 21-15 regarding the SPECIAL TRANSPORTATION FUND are amended to read as follows:
2022-2023
GENERAL GOVERNMENT
OFFICE OF POLICY AND MANAGEMENT
Personal Services 647,790
House Bill No. 5506
Public Act No. 22-118 21 of 739
DEPARTMENT OF ADMINISTRATIVE SERVICES
Personal Services 2,693,005
State Insurance and Risk Mgmt Operations 11,011,449
IT Services 912,959
AGENCY TOTAL 14,617,413
REGULATION AND PROTECTION
DEPARTMENT OF MOTOR VEHICLES
Personal Services 53,440,954
Other Expenses [14,677,419] 17,403,137
Equipment 468,756
Commercial Vehicle Information Systems and Networks Project 324,676
AGENCY TOTAL [68,911,805] 71,637,523
CONSERVATION AND DEVELOPMENT
DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION
Personal Services [2,272,624] 3,411,485
Other Expenses 701,974
AGENCY TOTAL [2,974,598] 4,113,459
TRANSPORTATION
DEPARTMENT OF TRANSPORTATION
Personal Services [203,831,372] 205,108,484
Other Expenses 52,611,974
Equipment 1,341,329
Minor Capital Projects 449,639
Highway Planning And Research 3,060,131
Rail Operations [178,525,045] 182,875,045
Bus Operations 220,168,000
ADA Para-transit Program 42,578,488
House Bill No. 5506
Public Act No. 22-118 22 of 739
Non-ADA Dial-A-Ride Program 576,361
Pay-As-You-Go Transportation Projects 17,408,298
Port Authority 400,000
Transportation Asset Management 3,000,000
Transportation to Work 2,370,629
AGENCY TOTAL [726,321,266] 731,948,378
NON-FUNCTIONAL
DEBT SERVICE - STATE TREASURER
Debt Service 842,720,480
STATE COMPTROLLER - MISCELLANEOUS
Nonfunctional - Change to Accruals -14,873,825
STATE COMPTROLLER - FRINGE BENEFITS
Unemployment Compensation 382,000
Insurance - Group Life [359,000] 419,300
Employers Social Security Tax [18,317,616] 18,413,216
State Employees Health Service Cost [60,085,606] 60,292,606
Other Post Employment Benefits [5,713,922] 5,733,422
SERS Defined Contribution Match [1,075,541] 1,082,041
State Employees Retirement Contributions - Normal Cost [20,276,633] 21,346,200
State Employees Retirement Contributions - UAL [158,392,912] 163,773,082
AGENCY TOTAL [264,603,230] 271,441,867
RESERVE FOR SALARY ADJUSTMENTS
Reserve For Salary Adjustments 9,184,921
WORKERS' COMPENSATION CLAIMS - ADMINISTRATIVE SERVICES
Workers' Compensation Claims 6,723,297
House Bill No. 5506
Public Act No. 22-118 23 of 739
TOTAL - SPECIAL TRANSPORTATION FUND [1,921,830,975] 1,938,161,303
LESS:
Unallocated Lapse -12,000,000
Temporary Federal Support for Transportation Operations -100,000,000
NET - SPECIAL TRANSPORTATION FUND [1,809,830,975] 1,826,161,303
Sec. 3. (Effective July 1, 2022) The amounts appropriated for the fiscal year ending June 30, 2023, in section 3 of special act 21-15 regarding the MASHANTUCKET PEQUOT AND MOHEGAN FUND are amended to read as follows:
2022-2023
GENERAL GOVERNMENT
OFFICE OF POLICY AND MANAGEMENT
Grants To Towns [51,472,796] 51,481,796
Sec. 4. (Effective July 1, 2022) The amounts appropriated for the fiscal year ending June 30, 2023, in section 4 of special act 21-15 regarding the BANKING FUND are amended to read as follows:
2022-2023
GENERAL GOVERNMENT
DEPARTMENT OF ADMINISTRATIVE SERVICES
Personal Services
303,203
Fringe Benefits
272,883
IT Services
269,227
AGENCY TOTAL
845,313
House Bill No. 5506
Public Act No. 22-118 24 of 739
REGULATION AND PROTECTION
DEPARTMENT OF BANKING
Personal Services [12,643,126] 12,339,923
Other Expenses [1,535,297] 1,266,070
Equipment 44,900
Fringe Benefits [11,497,351] 11,224,469
Indirect Overhead [365,058] 554,708
AGENCY TOTAL [26,085,732] 25,430,070
LABOR DEPARTMENT
Opportunity Industrial Centers 475,331
Customized Services 951,401
AGENCY TOTAL 1,426,732
CONSERVATION AND DEVELOPMENT
DEPARTMENT OF HOUSING
Fair Housing 670,000
JUDICIAL
JUDICIAL DEPARTMENT
Foreclosure Mediation Program 2,142,821
NON-FUNCTIONAL
STATE COMPTROLLER - MISCELLANEOUS
Nonfunctional - Change to Accruals -804,264
TOTAL - BANKING FUND [29,521,021] 29,710,672
Sec. 5. (Effective July 1, 2022) The amounts appropriated for the fiscal year ending June 30, 2023, in section 5 of special act 21-15 regarding the INSURANCE FUND are amended to read as follows:
House Bill No. 5506
Public Act No. 22-118 25 of 739
2022-2023
GENERAL GOVERNMENT
OFFICE OF POLICY AND MANAGEMENT
Personal Services 341,332
Other Expenses 6,012
Fringe Benefits 252,488
AGENCY TOTAL 599,832
DEPARTMENT OF ADMINISTRATIVE SERVICES
Personal Services [114,758] 755,980
Fringe Benefits [101,790] 688,509
IT Services
280,136
AGENCY TOTAL [216,548] 1,724,625
REGULATION AND PROTECTION
INSURANCE DEPARTMENT
Personal Services [16,095,876] 15,454,654
Other Expenses [1,603,616] 1,343,489
Equipment 52,500
Fringe Benefits [14,276,944] 14,140,718
Indirect Overhead [364,857] 325,994
AGENCY TOTAL [32,393,793] 31,317,355
OFFICE OF THE HEALTHCARE ADVOCATE
Personal Services [1,526,513] 1,596,513
Other Expenses [298,000] 277,991
Equipment 5,000
Fringe Benefits [1,402,561] 1,472,372
Indirect Overhead [64,009] 95,934
AGENCY TOTAL [3,296,083] 3,447,810
CONSERVATION AND DEVELOPMENT
House Bill No. 5506
Public Act No. 22-118 26 of 739
DEPARTMENT OF HOUSING
Crumbling Foundations 158,383
HEALTH
DEPARTMENT OF PUBLIC HEALTH
Needle and Syringe Exchange Program 460,741
Children's Health Initiatives 3,014,016
AIDS Services 4,987,064
Breast and Cervical Cancer Detection and Treatment [2,205,486] 2,305,486
Immunization Services 64,145,438
X-Ray Screening and Tuberculosis Care 968,026
Venereal Disease Control 197,341
AGENCY TOTAL [75,978,112] 76,078,112
OFFICE OF HEALTH STRATEGY
Personal Services 1,025,464
Other Expenses 8,311,961
Equipment 10,000
Fringe Benefits 839,589
AGENCY TOTAL 10,187,014
DEPARTMENT OF MENTAL HEALTH AND ADDICTION SERVICES
Managed Service System 412,377
HUMAN SERVICES
DEPARTMENT OF AGING AND DISABILITY SERVICES
Fall Prevention 377,955
NON-FUNCTIONAL
House Bill No. 5506
Public Act No. 22-118 27 of 739
STATE COMPTROLLER - MISCELLANEOUS
Nonfunctional - Change to Accruals -1,148,223
TOTAL - INSURANCE FUND [122,471,874] 123,155,240
Sec. 6. (Effective July 1, 2022) The amounts appropriated for the fiscal year ending June 30, 2023, in section 6 of special act 21-15 regarding the CONSUMER COUNSEL AND PUBLIC UTILITY CONTROL FUND are amended to read as follows:
2022-2023
GENERAL GOVERNMENT
OFFICE OF POLICY AND MANAGEMENT
Personal Services 194,591
Other Expenses 2,000
Fringe Benefits 184,861
AGENCY TOTAL 381,452
DEPARTMENT OF ADMINISTRATIVE SERVICES
Personal Services 75,437
Fringe Benefits 66,717
AGENCY TOTAL 142,154
REGULATION AND PROTECTION
OFFICE OF CONSUMER COUNSEL
Personal Services [1,677,474] 1,878,999
Other Expenses 332,907
Equipment 2,200
Fringe Benefits [1,590,194] 1,822,629
Indirect Overhead [33,590] 56,441
AGENCY TOTAL [3,636,365] 4,093,176
House Bill No. 5506
Public Act No. 22-118 28 of 739
CONSERVATION AND DEVELOPMENT
DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION
Personal Services [13,854,056] 14,155,238
Other Expenses 1,479,367
Equipment 19,500
Fringe Benefits [12,253,081] 12,928,377
Indirect Overhead [1] 306,838
AGENCY TOTAL [27,606,005] 28,889,320
NON-FUNCTIONAL
STATE COMPTROLLER - MISCELLANEOUS
Nonfunctional - Change to Accruals -789,535
TOTAL - CONSUMER COUNSEL AND PUBLIC UTILITY CONTROL FUND [30,976,441] 32,716,567
Sec. 7. (Effective July 1, 2022) The amounts appropriated for the fiscal year ending June 30, 2023, in section 7 of special act 21-15 regarding the WORKERS' COMPENSATION FUND are amended to read as follows:
2022-2023
GENERAL GOVERNMENT
DEPARTMENT OF ADMINISTRATIVE SERVICES
Personal Services [123,495] 649,615
Fringe Benefits [110,528] 626,126
IT Services
199,938
AGENCY TOTAL [234,023] 1,475,679
DIVISION OF CRIMINAL JUSTICE
Personal Services 427,050
Other Expenses 10,428
House Bill No. 5506
Public Act No. 22-118 29 of 739
Fringe Benefits 428,887
AGENCY TOTAL 866,365
REGULATION AND PROTECTION
LABOR DEPARTMENT
Occupational Health Clinics 695,585
WORKERS' COMPENSATION COMMISSION
Personal Services [10,230,650] 9,704,530
Other Expenses [2,676,029] 2,476,091
Equipment 1
Fringe Benefits [10,543,356] 10,027,758
Indirect Overhead [148,213] 380,125
AGENCY TOTAL [23,598,249] 22,588,505
HUMAN SERVICES
DEPARTMENT OF AGING AND DISABILITY SERVICES
Personal Services [528,959] 553,959
Other Expenses 48,440
Rehabilitative Services 1,000,721
Fringe Benefits [483,434] 528,434
AGENCY TOTAL [2,061,554] 2,131,554
NON-FUNCTIONAL
STATE COMPTROLLER - MISCELLANEOUS
Nonfunctional - Change to Accruals -500,680
TOTAL - WORKERS' COMPENSATION FUND [26,955,096] 27,257,008
Sec. 8. (Effective July 1, 2022) The amounts appropriated for the fiscal
House Bill No. 5506
Public Act No. 22-118 30 of 739
year ending June 30, 2023, in section 8 of special act 21-15 regarding the CRIMINAL INJURIES COMPENSATION FUND are amended to read as follows:
2022-2023
JUDICIAL
JUDICIAL DEPARTMENT
Criminal Injuries Compensation 2,934,088
Sec. 9. (Effective July 1, 2022) The amounts appropriated for the fiscal year ending June 30, 2023, in section 9 of special act 21-15 regarding the TOURISM FUND are amended to read as follows:
2022-2023
CONSERVATION AND DEVELOPMENT
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
Statewide Marketing 4,280,912
Hartford Urban Arts Grant 242,371
New Britain Arts Council 39,380
Main Street Initiatives [100,000] 145,000
Neighborhood Music School [80,540] 150,540
Nutmeg Games 40,000
Discovery Museum 196,895
National Theatre of the Deaf 78,758
Connecticut Science Center 446,626
CT Flagship Producing Theaters Grant 259,951
Performing Arts Centers 787,571
Performing Theaters Grant [381,753] 411,753
Arts Commission 1,497,298
Art Museum Consortium [287,313] 487,313
Litchfield Jazz Festival 29,000
Arte Inc. 20,735
CT Virtuosi Orchestra 15,250
House Bill No. 5506
Public Act No. 22-118 31 of 739
Barnum Museum [20,735] 50,000
Various Grants 393,856
Creative Youth Productions 150,000
Greater Hartford Arts Council 74,079
Stepping Stones Museum for Children 30,863
Maritime Center Authority 303,705
Connecticut Humanities Council 850,000
Amistad Committee for the Freedom Trail 36,414
New Haven Festival of Arts and Ideas 414,511
New Haven Arts Council 52,000
Beardsley Zoo 253,879
Mystic Aquarium 322,397
Northwestern Tourism 400,000
Eastern Tourism 400,000
Central Tourism 400,000
Twain/Stowe Homes 81,196
Cultural Alliance of Fairfield 52,000
Stamford Downtown Special Services District 50,000
AGENCY TOTAL [13,069,988] 13,444,253
Sec. 10. Section 41 of special act 21-15, as amended by section 306 of public act 21-2 of the June special session and section 3 of special act 22- 2, is amended to read as follows (Effective from passage): The following sums are allocated, in accordance with the provisions of special act 21-1, from the federal funds designated for the state pursuant to the provisions of section 602 of Subtitle M of Title IX of the American Rescue Plan Act of 2021, P.L. 117-2, as amended from time to time, for the annual periods indicated for the purposes described.
FY 2022 FY 2023 FY 2024 FY 2025
BOARD OF REGENTS
House Bill No. 5506
Public Act No. 22-118 32 of 739
Enhance Student Retention at Community Colleges 6,500,000 6,500,000 6,500,000
Education Technology Training at Gateway
100,000
CONNECTICUT STATE COLLEGES AND UNIVERSITIES
Healthcare Workforce Needs - both public and private schools
20,000,000 15,000,000
Higher Education – CSCU 10,000,000 5,000,000
Provide Operating Support
118,000,000
Provide Support to Certain Facilities
5,000,000
Temporary Support - Charter Oak
500,000
Temporary Support - CT State Universities
14,500,000
Temporary Support - Community Colleges
9,000,000
DEPARTMENT OF AGRICULTURE
Senior Food Vouchers 100,000 100,000
Farmer's Market Nutrition 100,000 100,000
Farm-to-School Grant 250,000 [250,000] 500,000
Food Insecurity Grants to Food Pantries and Food Banks 1,000,000
DEPARTMENT OF DEVELOPMENTAL SERVICES
Enhance Community Engagement Opportunities
2,000,000
Improve Camps
2,000,000
House Bill No. 5506
Public Act No. 22-118 33 of 739
Respite Care for Family Caregivers 3,000,000 -
One Time Stabilization Grant
20,000,000
Vista
500,000
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
Beardsley Zoo 246,121 246,121
Amistad 200,000 200,000
Maritime Center Authority 196,295 196,295
Mystic Aquarium 177,603 177,603
Music Haven 100,000 100,000
Norwalk Symphony 50,000 50,000
Riverfront Recapture 250,000 250,000
Connecticut Main Street Center 350,000 350,000
Middletown Downtown Business District 100,000 100,000
CRDA Economic Support for Venues 5,000,000 2,500,000
Working Cities Challenge 1,000,000 1,000,000
Charter Oak Temple Restoration Association 100,000 100,000
West Haven Veterans Museum 25,000 25,000
VFW Rocky Hill 15,000 15,000
Playhouse on Park 15,000 15,000
Family Justice Center 50,000 50,000
East Hartford Little League 50,000
Hartford YMCA 1,000,000
ESF/Dream Camp of Hartford 100,000
Beta Iota Boule Foundation -Youth Services 100,000
House Bill No. 5506
Public Act No. 22-118 34 of 739
Legacy Foundation for Health and Disparities 100,000
Connecticut Center for Advanced Technologies 1,000,000
Middlesex YMCA 50,000
Shatterproof 100,000
Summer Experience at Connecticut's Top Venues 15,000,000
Statewide Marketing 7,107,000
Governor's Workforce Initiatives 70,000,000
CT Hospitality Industry Support 30,000,000
Regulatory Modernization 1,000,000
Historic Wooster Square Association 500,000
Humane Commission/Animal Shelter of New Haven 500,000
Ball and Sockets – Cheshire 200,000
Junta for Progressive Action 750,000
[CT Airport Authority] [2,000,000]
CT Summer at the Museum Program
15,000,000
CT Next
2,000,000
Hartford YMCA Family Programming
500,000
Future, Inc.
1,300,000
Sons of Thunder
100,000
Youth Service Corp
1,100,000
Northside Institution Neighborhood Alliance - Historic Preservation
100,000
Amistad Center
200,000
Charter Oak Cultural Center
200,000
City Seed of New Haven
200,000
House Bill No. 5506
Public Act No. 22-118 35 of 739
Beta Iota Boule Foundation
500,000
Legacy Foundation of Hartford
500,000
Bartlem Park South
250,000
Team, Inc. – Derby
250,000
YMCA of Hartford
250,000
WBDC
250,000
Concat New Haven
250,000
Montville Parks and Rec Tennis Courts
500,000
Vietnam Memorial Cheshire
200,000
Norwich Historical Society
500,000
Friends of FOSRV
44,000
Dixwell Church Historic Preservation
2,000,000
Opportunities Industrialization Center
150,000
Bernard Buddy Jordan
50,000
Bridgeport Arts Cultural Council
50,000
McBride Foundation
100,000
Artreach
300,000
Ball and Sockets
400,000
Bridgeport Youth LaCrosse Academy
25,000
Cape Verdean Women's Association
25,000
Cardinal Shehan Center
250,000
Caribe
100,000
Cheshire - Plan for Municipal Parking Lot
150,000
Compass Youth Collaborative
350,000
Dixwell Community Center
200,000
House Bill No. 5506
Public Act No. 22-118 36 of 739
Emery Park
100,000
Farnam Neighborhood House
100,000
Flotilla 73, INC
5,000
Municipal Outdoor Recreation
4,200,000
Greater Bridgeport Community Enterprises
50,000
Lebanon Pines
300,000
Madison Cultural Art
60,000
Minority Construction Council, Inc
100,000
Nellie McKnight Museum
25,000
Blue Hills Civic Association 500,000 500,000
IMHOTEP CT National Medical Association Society 200,000 200,000
Upper Albany Neighborhood Collaborative 125,000 125,000
Noah Webster
100,000
Norwalk International Cultural Exchange / NICE Festival
50,000
Nutmeg Games
50,000
Parenting Center – Stamford
250,000
Ridgefield Playhouse
100,000
Sisters at the Shore
50,000
Taftville VFW Auxiliary
100,000
The Knowlton
25,000
The Legacy Foundation of Hartford, Inc 125,000 125,000
The Ridgefield Theatre Barn
250,000
House Bill No. 5506
Public Act No. 22-118 37 of 739
Youth Business Initiative
50,000
DEPARTMENT OF EDUCATION
Right to Read
12,860,000 12,860,000
Faith Acts Priority School Districts 5,000,000 5,000,000
CT Writing Project 79,750 79,750
Ascend Mentoring – Windsor 150,000 150,000
Women in Manufacturing - Platt Tech Regional Vocational Technical School 65,000 65,000
Elevate Bridgeport [400,000] 200,000 [400,000] 200,000
Grant to RHAM Manufacturing Program 22,000 -
East Hartford Youth Services 200,000
Student Achievement Through Opportunity 100,000
Summer Camp Scholarships for Families 3,500,000
New Haven Local Little League 500,000
Hamden Before and After School Programming 400,000
Hamden Pre-K Programming 100,000
Expand Support for Learner Engagement and Attendance Program (LEAP)
7,000,000
Increase College Opportunities Through Dual Enrollment
3,500,000
Provide Funding for the American School for the Deaf
1,115,000
House Bill No. 5506
Public Act No. 22-118 38 of 739
Provide Funding to Support FAFSA Completion
500,000
Big Brothers / Big Sisters
2,000,000
Social Worker Grant SB 1
5,000,000
School Mental Health Workers
15,000,000
School Mental Health Services Grant
8,000,000
RESC Trauma Coordinators
1,200,000
ParaEducational Professional Development HB 5321
1,800,000
Leadership Education Athletic Partnership
400,000
Sphere Summer Program
500,000
Dream Camp Foundation
1,000,000
Student Achievement Through Opportunities
300,000
Keane Foundation
300,000
Greater Hartford YMCA
300,000
Free Meals for Students
30,000,000
Summer Enrichment Funds to cover fifty per cent required match
8,000,000
YWCA of New Britain
200,000
FRLP/Direct Certification Census Assistance
200,000
Drug and Alcohol Counciling - Woodstock Academy
200,000
Hartford Knights
100,000
BSL Educational Foundation
100,000
House Bill No. 5506
Public Act No. 22-118 39 of 739
Magnets - Tuition Coverage for 1 year
11,000,000
Bridgeport Education Fund
100,000
Haddam-Killingworth Recreation Department
15,000
Hall Neighborhood House
75,000
New Haven Board of Education Adult Education Facility
500,000
New Haven Reads
50,000
Solar Youth
100,000
DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION
Air Quality Study 20,000 -
Swimming Lessons to DEEP 500,000 500,000 500,000
Health and Safety Barriers to Housing Remediation 7,000,000 -
Efficient Energy Retrofit for Housing 7,000,000 -
Quinnipiac Avenue Canoe Launch 250,000
Outdoor Recreation with $1,000,000 for East Rock Park and $1,000,000 for West Rock Park for maintenance, repair and renovations
22,500,000
Engineering Study for Dam Removal on Papermill Pond
500,000
Land Trust Boardwalk Installation
200,000
Clinton Town Beach
55,000
House Bill No. 5506
Public Act No. 22-118 40 of 739
Crystal Lake & Bob Tedford Park Renovations
50,000
Ludlowe Park
75,000
Lighthouse Park
500,000
Park Commission Edgewood Park
800,000
DEPARTMENT OF HOUSING
Downtown Evening Soup Kitchen 200,000
Hands on Hartford 100,000
Angel of Edgewood
175,000
Homeless Youth Transitional Housing
1,000,000
Homeless Services
5,000,000
Southside Institutions Neighborhood Alliance
500,000
Support for Affordable Housing
50,000,000
Rental Assistance Program
1,000,000
DEPARTMENT OF PUBLIC HEALTH
DPH Loan Repayment 500,000 [500,000] 5,100,000 3,000,000 3,000,000
[Community Health Workers] [3,000,000] [3,000,000]
Obesity & COVID-19 Study 500,000 500,000
Cornell Scott - Hill Health 250,000
Community Violence Prevention Programs
1,000,000
Promote Healthy and Lead-Safe Homes
20,000,000 10,000,000
Provide Funding to Address and Respond to an Increase in Homicides
1,500,000
House Bill No. 5506
Public Act No. 22-118 41 of 739
School Based Health Centers
10,000,000
Storage and Maintenance Costs of COVID 19 Preparedness Supplies
325,000
CCMC Pediatrician Training
150,000
Gaylord Hospital Electronic Records
2,600,000
HB 5272 - Menstrual Products
2,000,000
Pilot Program for Promoting Social Workers and Pediatrician Offices
2,500,000
ICHC School Based Health Centers
604,000
Durational Loan Manager
100,000
Community Health Worker Association of Connecticut
100,000
Child Psychiatrist Workforce Development
2,000,000
CT VIP Street Outreach
300,000
E-cigarette and Marijuana Prevention Pilot Program conducted by Yale to be in Stamford, Milford, East Haven
300,000
DEPARTMENT OF TRANSPORTATION
Groton Water Taxi 100,000 100,000
Free Bus Service for July and August 2022
5,000,000
House Bill No. 5506
Public Act No. 22-118 42 of 739
Outfit M8 Rail Cars with 5G
23,000,000
Extend Free Bus Service
8,100,000
Replace Infrastructure Match
150,000,000
Free Bus Public Transportation Services 8,100,000
LABOR DEPARTMENT
Domestic Worker Grants 200,000 200,000
Veterans Employment Opportunity PILOT 350,000 350,000
Opportunities for Long Term Unemployed Returning Citizens 750,000 750,000
TBICO Danbury Women's Employment Program 25,000 25,000
Boys and Girls Club Workforce Development - Milford 50,000 50,000
Women's Mentoring Network- Strategic Life Skills Workshop 5,000 5,000
Senior Jobs Bank - West Hartford 10,000 10,000
Greater Bridgeport OIC Job Development and Training Program 250,000 [250,000] 100,000
Unemployment Trust Fund 155,000,000 -
Unemployment Support 15,000,000
Reduce State UI Tax on Employers
40,000,000
CDL Training at Community Colleges
1,000,000
Bridgeport Workplace
750,000
YouthBuild
750,000
Cradle to Career – Bridgeport
150,000
House Bill No. 5506
Public Act No. 22-118 43 of 739
LABOR DEPARTMENT - BANKING FUND
Customized Services for Mortgage Crisis Jobs Training Program 550,000 550,000
OFFICE OF EARLY CHILDHOOD
Care4Kids Parent Fees 5,300,000 -
Parents Fees for 3-4 Year Old's at State Funded Childcare Centers 3,500,000 -
Universal Home Visiting 8,000,000 2,300,000
Expand Access - Apprenticeship
5,000,000
Care4Kids
10,000,000
Early Childhood - Facility Renovation and Construction
15,000,000
Capitol Child Day Care Center
75,000
Childcare Apprenticeship Program
1,500,000
School Readiness
30,000,000
Seed Childrens Services Fund
20,000,000
Learn to Grow
20,000,000
OFFICE OF HIGHER EDUCATION
Roberta Willis Need- Based Scholarships 20,000,000 [20,000,000] 40,000,000
Summer College Corps 1,500,000 -
Higher Education Mental Health Services
3,000,000
OFFICE OF POLICY AND MANAGEMENT
Private Providers 30,000,000 30,000,000
House Bill No. 5506
Public Act No. 22-118 44 of 739
PPE & Supplies 10,000,000 10,000,000
State Employee Essential Workers and National Guard Premium Pay 20,000,000 15,000,000
Audits of ARPA Recipients
1,250,000
COVID Response Measures
157,500,000
Provide Private Provider Support-One Time Payments
20,000,000
Evidence Based Evaluation of Initiatives
928,779
Support ARPA Grant Administration
800,000
Statewide GIS Capacity for Broadband Mapping/Data and Other Critical Services
9,532,000
Invest Connecticut
166,915,214
Bethany Town Hall Auditorium
350,000
Bethany Town Hall Windows
350,000
Durham Town Website
25,000
Hall Memorial Library Reading and Meditation Garden
66,626
Orange Fire Department Clock purchase
10,000
Resources to develop a combined Grammar School Support between Hampton and Scotland
25,000
Senior Center Outdoor Fitness Area- Ellington
57,418
South Windsor Riverfront Linear Park Study and Planning
100,000
House Bill No. 5506
Public Act No. 22-118 45 of 739
Valley Regional High School Tennis Courts
300,000
Lebanon Historical Society
300,000
Bloomfield Social and Youth Services
100,000
DEPARTMENT OF MOTOR VEHICLES
IT Modernization
3,000,000
UNIVERSITY OF CONNECTICUT
Higher Education – UConn 20,000,000 5,000,000
Temporary Support
33,200,000
Social Media Impact Study
500,000
UNIVERSITY OF CONNECTICUT HEALTH CENTER
Revenue Impact 35,000,000
University of Connecticut Health Center 38,000,000 -
Temporary Support
72,700,000
STATE LIBRARY
Mary Cheney Library
500,000
DEPARTMENT OF CHILDREN AND FAMILIES
Fostering Community 10,000 10,000
Casa Boricua-Meriden 50,000 50,000
Children's Mental Health Initiatives 10,500,000
Child First 5,100,000 5,100,000
Expand Mobile Crisis Intervention Services
8,600,000 8,600,000
House Bill No. 5506
Public Act No. 22-118 46 of 739
Support Additional Urgent Crisis Centers and Sub-Acute Crisis Stabilization Units
21,000,000
Support for Improved Outcomes for Youth (YSBs and JRBs)
2,000,000
Social Determinant Mental Health Fund
1,000,000 1,000,000
Family Assistance Grants
1,000,000
Expand Access Mental Health
990,000
Resource Guide
50,000
Peer to Peer Training for Students
150,000
Respite for non-DCF Children
85,000
Children in Placement, Inc.
25,000
Valley Save Our Youth
70,000
Girls for Technology
100,000
R-Kids
100,000
JUDICIAL DEPARTMENT
Mothers Against Violence 25,000 25,000
Legal Representation for Tenant Eviction 10,000,000 10,000,000
New Haven Police Activities League 100,000
Provide Funding to Build Out the Juvenile Intake Custody and Probable Cause Applications
377,742 363,752
Provide Funding to Continue Temporary Staffing for the Foreclosure Mediation Program
3,410,901 3,444,293
House Bill No. 5506
Public Act No. 22-118 47 of 739
Provide Funding to Enhance Contracts for Direct Service Partnership for Households and Families
200,000 200,000
Provide Funding to Enhance Technology for Citations and Hearings in the Criminal Infractions Bureau
606,915
Provide Funding to Enhance the Department's Case Management and Scheduler Application
1,382,900
Provide Funding to Establish Video Conferencing for Municipal Stations for Bail and Support Services
60,000
Provide Funding to Expand Housing Opportunities for Individuals on Bail
2,915,614 2,915,614
Provide Funding to Hire Assistant Clerks and Family Relations Counselors to Reduce Family and Support Matter Case Backlogs
3,294,851 3,294,851
Provide Funding to Support Application Development for Monitor Note-Taking and Recording
923,467 226,337
Provide Increased Funding for Victim Service Providers
14,865,300
Provide Remote Equipment to Reduce Child Support Backlog
121,600
Inspire Basketball
2,000,000
Children's Law Center
190,000
House Bill No. 5506
Public Act No. 22-118 48 of 739
Brother Carl Hardrick Institute - Violence Prevention
400,000
Community Resources for Justice (Family Reentry)
300,000
DEPARTMENT OF CORRECTION
TRUE Unit - Cheshire CI 500,000 500,000
WORTH Program York CI 250,000 250,000
Vocational Village Dept Corrections 20,000,000 -
DEPARTMENT OF SOCIAL SERVICES
Fair Haven Clinic 10,000,000 -
Workforce Development, Education and Training 1,000,000
Nursing Home Facility Support 10,000,000
MyCT Resident One Stop 2,500,000
New Reach Life Haven Shelter 500,000
Mary Wade 750,000
Community Action Agencies 5,000,000
Expand Medical/Psychiatric Inpatient Unit at Connecticut Children's Medical Center
15,000,000
Provide Additional Supports for Victims of Domestic Violence
2,900,000
Provide Support for Infant and Early Childhood Mental Health Services
5,000,000
Strengthen Family Planning
2,000,000
House Bill No. 5506
Public Act No. 22-118 49 of 739
Community Action Agencies - Community Health Workers 3,000,000 4,000,000
Charter Oak Urgent Care
330,000
ROCA
500,000
Waterbury Seed Funds for Wheeler Clinic
650,000
Provide Support for Residential Care Homes (RCH)
3,700,000
Brain Injury Alliance of CT
300,000
Hartford Communities that Care
500,000
Hebrew Senior Care
150,000
Connecticut Health Foundation
500,000
Health Equity Solutions
500,000
CT Oral Health Initiative
300,000
Day Kimball Hospital
5,000,000
Mothers United Against Violence
300,000
Fair Haven
10,000,000
Adult Day
3,000,000
HRA
150,000
Hands on Hartford
100,000
Human Resources Agency of New Britain
300,000
Teeg
200,000
LEGISLATIVE MANAGEMENT
CTN 1,000,000 -
Review of Title 7
27,000
House Bill No. 5506
Public Act No. 22-118 50 of 739
DEPARTMENT OF MENTAL HEALTH AND ADDICTION SERVICES
DMHAS Private Providers 25,000,000 25,000,000
Enhance Mobile Crisis Services- Case Management
3,200,000
Enhance Respite Bed Services for Forensic Population
4,292,834
Expand Availability of Privately-Provided Mobile Crisis Services
6,000,000
Fund Supportive Services to Accompany New Housing Vouchers
1,125,000 1,125,000 562,500
Provide Mental Health Peer Supports in Hospital Emergency Departments
2,400,000
Implement Electronic Health Records
16,000,000
Public Awareness Grants
1,000,000
Peer-to-Peer
500,000
United Services Pilot on Crisis Intervention
200,000
Clifford Beers
200,000
The Pathfinders Association
100,000
DEPARTMENT OF AGING AND DISABILITY SERVICES
Blind and Deaf Community Supports 2,000,000
Senior Centers
10,000,000
Meals on Wheels
3,000,000
Respite Care for Alzheimers
1,000,000
Area Agencies on Aging
4,000,000
Avon Senior Center
100,000
House Bill No. 5506
Public Act No. 22-118 51 of 739
Dixwell Senior Center
100,000
Eisenhower Senior Center
100,000
Orange Senior Center
100,000
Sullivan Senior Center
100,000
DEPARTMENT OF EMERGENCY SERVICES AND PUBLIC PROTECTION
Provide Funding for a Mobile Crime Laboratory
995,000
Provide Funding for the Gun Tracing Task Force
2,500,000
Provide Funding to State and Local Police Departments to Address Auto Theft and Violence
2,600,000 2,600,000
Upgrade Forensic Technology at the State Crime Lab
1,500,000 1,343,000
Rural Roads Speed Enforcement
2,600,000
Expand Violet Crimes Task Force
1,108,000
Online Abuse Grant SB 5
500,000
Fire Data Collection
300,000
P.O.S.T High School Recruitment Program for Police
200,000
Poquetanuck Volunteer Fire Department
150,000
Preston City Volunteer Fire Department
150,000
DEPARTMENT OF REVENUE SERVICES
Provide Payments to Filers Eligible for the Earned Income Tax Credit
42,250,000
House Bill No. 5506
Public Act No. 22-118 52 of 739
DIVISION OF CRIMINAL JUSTICE
Provide Funding to Reduce Court Case Backlogs Through Temporary Prosecutors
2,199,879 2,126,550
OFFICE OF HEALTH STRATEGY
Improve Data Collection and Integration with HIE
500,000 650,000
Study Behavioral Health Coverage by Private Insurers
200,000
Payment Parity Study
655,000
Telehealth Study
300,000
OFFICE OF THE CHIEF MEDICAL EXAMINER
Testing and Other COVID-Related Expenditures
860,667
PUBLIC DEFENDER SERVICES COMMISSION
Provide Funding to Reduce Court Backlogs Through Temporary Public Defenders
2,023,821 1,956,360
POLICE OFFICER STANDARDS AND TRAINING COUNCIL
Time Limited Police Loan Forgiveness
1,000,000
DEPARTMENT OF ADMINISTRATIVE SERVICES
House Bill No. 5506
Public Act No. 22-118 53 of 739
Support School Air Quality
75,000,000
Revenue [559,900,000] [1,194,900,000] 314,900,000
Sec. 11. Section 307 of public act 21-2 of the June special session is amended to read as follows (Effective from passage): The following sums are allocated, in accordance with the provisions of special act 21-1, from the federal funds designated for the state pursuant to the provisions of section 604 of Subtitle M of Title IX of the American Rescue Plan Act of 2021, P.L. 117-2, as amended from time to time, for the annual periods indicated for the purposes described.
FY 2022 FY 2023 FY 2024 FY 2025
OFFICE OF POLICY AND MANAGEMENT
[Statewide GIS capacity for broadband mapping/data and other critical services supporting remote work, health, and education] [9,532,000]
[Connectivity for Health and Mental Health Centers/Organizations] Multi-purpose community facility projects
25,000,000
DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION
Low-income/Multi- family Curb-to-home and Business Broadband infrastructure buildout and underserved area [10,000,000] 20,000,000 22,966,125
House Bill No. 5506
Public Act No. 22-118 54 of 739
broadband infrastructure grants
[Underserved Area Broadband Infrastructure Grants] [10,000,000] 16,158,373
DEPARTMENT OF ADMINISTRATIVE SERVICES
Connecticut Education Network Wi-Fi connectivity and broadband for public spaces 10,000,000 719,936
Expand CEN Broadband to Remaining Municipalities and Libraries
8,025,474 6,600,000 6,600,000
Upgrade the Connecticut Education Network (CEN)
20,060,884 19,025,000 2,024,000
CEN Charter School Fiber Internet Connectivity Program
441,195 300,000 170,000
Sec. 12. Section 29 of special act 21-15, as amended by section 308 of public act 21-2 of the June special session, is amended to read as follows (Effective from passage): (a) The unexpended balances of funds appropriated to the following accounts in section 1 of public act 19-117, as amended by section 7 of public act 19-1 of the December special session, shall not lapse on June 30, 2021, and such funds shall be transferred and made available as provided in subsection (b) of this section: (1) The Department of Social Services, for Medicaid, (2) the Department of Children and Families, for Personal Services, (3) the Department of Children and Families, for Board and Care for Children–Foster, (4) Legislative Management, for Personal Services, (5) the Department of Administrative Services, for Personal Services, (6) the Department of Revenue Services, for Personal Services, (7) the Department of Developmental Services, for Personal
House Bill No. 5506
Public Act No. 22-118 55 of 739
Services, (8) the Department of Developmental Services, for Behavioral Services Program, (9) the Office of Early Childhood, for Early Care and Education, (10) the Department of Education, for Magnet Schools, (11) the Department of Social Services, for Connecticut Home Care Program, (12) the Department of Social Services, for Temporary Family Assistance–TANF, (13) the Department of Social Services, for Aid To The Disabled, (14) the Teachers' Retirement Board, for Retirees Health Service Cost, (15) the State Comptroller–Fringe Benefits, for Higher Education Alternative Retirement System, (16) the Department of Public Health, for Personal Services, (17) the Department of Social Services, for HUSKY B Program, (18) the Department of Social Services, for Old Age Assistance, (19) the Department of Social Services, for State Administered General Assistance, (20) the Department of Children and Families, for Board and Care for Children–Short-term and Residential, (21) the Judicial Department, for Personal Services, and (22) the State Comptroller–Fringe Benefits, for Retired State Employees Health Service Cost. (b) (1) Up to $1,500,000 to the Department of Social Services, for Medicaid, for each of the fiscal years ending June 30, 2022, and June 30, 2023, to fund the state share of an increase in the personal needs allowance to seventy-five dollars; (2) (A) Up to $2,000,000 for the fiscal year ending June 30, 2022, and up to $21,700,000 for the fiscal year ending June 30, 2023, to the Office of Policy and Management, for Private Providers, for costs associated with a settlement between the state and Department of Developmental Services' contracted providers; and (B) Up to $13,150,000 to the Office of Policy and Management, for Private Providers, for each of the fiscal years ending June 30, 2022, and June 30, 2023, for private providers of human services to provide a cost- of-living adjustment (COLA) to [employees who provide] state administered human services in the Departments of Correction,
House Bill No. 5506
Public Act No. 22-118 56 of 739
Housing, Public Health, Social Services, Children and Families, Aging and Disability Services, Mental Health and Addiction Services, the Office of Early Childhood and the Judicial Department. The secretary shall transfer such funds to the affected contracting agencies. Not later than January 1, 2022, July 1, 2022, January 1, 2023, and July 1, 2023, the Secretary of the Office of Policy and Management shall report, in accordance with section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies, on the amount of such funds paid to each contracted provider by contracting agency and account; (3) Up to $40,000,000 to the Department of Social Services, for Medicaid, for the fiscal year ending June 30, 2022, for nursing home settlement (temporary rate increases); (4) Up to $2,500,000 for deposit into the passport to the parks account established pursuant to section 23-15h of the general statutes, for each of the fiscal years ending June 30, 2022, and June 30, 2023; (5) (A) Up to $14,000,000 for the fiscal year ending June 30, 2022, and up to $15,000,000 for the fiscal year ending June 30, 2023, to the Connecticut State Colleges and Universities, for Debt Free Community College; (B) Up to $21,332,962 for the fiscal year ending June 30, 2022, and up to $22,165,000 for the fiscal year ending June 30, 2023, to the Connecticut State Colleges and Universities, for Community Tech College System; (C) Up to $22,568,668 for the fiscal year ending June 30, 2022, and up to $25,150,479 for the fiscal year ending June 30, 2023, to the Connecticut State Colleges and Universities, for Connecticut State University; (D) Up to $889,254 for the fiscal year ending June 30, 2022, and up to $988,447 for the fiscal year ending June 30, 2023, to the Connecticut State
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Public Act No. 22-118 57 of 739
Colleges and Universities, for Charter Oak State College; and (E) Up to $140,000 to the Connecticut State Colleges and Universities, for Charter Oak State College, for each of the fiscal years ending June 30, 2022, and June 30, 2023, for the costs associated with the waiver of graduation fees; [and] [(F) Notwithstanding any provision of the general statutes, any amount transferred pursuant to this subdivision shall not be eligible for fringe benefit recovery by The Connecticut State Colleges and Universities from the Comptroller's General Fund fringe benefit accounts.] (6) (A) Up to $6,087,251 for the fiscal year ending June 30, 2023, to The University of Connecticut, for Operating Expenses; (B) Up to $4,900,000 for the fiscal year ending June 30, 2022, and up to $30,200,000 for the fiscal year ending June 30, 2023, to The University of Connecticut Health Center, for Operating Expenses; (C) Up to $250,000 for each of the fiscal years ending June 30, 2022, and June 30, 2023, to The University of Connecticut, for Operating Expenses, for the purposes of The University of Connecticut Vets Program; and (D) Up to $2,500,000 for each of the fiscal years ending June 30, 2022, and June 30, 2023, to The University of Connecticut, for Operating Expenses, for the purposes of the Connecticut Institute for Resilience & Climate Adaptation; [and] [(E) Notwithstanding any provision of the general statutes, any amount transferred pursuant to this subdivision shall not be eligible for fringe benefit recovery from the Comptroller's General Fund fringe benefit accounts.]
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Public Act No. 22-118 58 of 739
(7) Up to $600,000 to the Department of Education, for American School for the Deaf, for the fiscal year ending June 30, 2022; (8) Up to $1,700,000 to the Department of Correction, for Community Support Services, for each of the fiscal years ending June 30, 2022, and June 30, 2023; (9) Up to $7,893,000 to the Department of Economic and Community Development, for Statewide Marketing, for the fiscal year ending June 30, 2022, and made available for such purposes; (10) Up to $4,000,000 to the Commission on Human Rights and Opportunities, for Other Expenses, for the fiscal year ending June 30, 2022, and made available to conduct a disparity study and equity study; (11) Up to $2,300,000 to the Department of Transportation, for Other Expenses, for the fiscal year ending June 30, 2022, to conduct a feasibility study and develop an operational plan concerning ground transportation services in eastern Connecticut; (12) Up to $1,350,000 to the Department of Emergency Services and Public Protection, for Other Expenses, for the fiscal year ending June 30, 2022, for fire department support as follows: (A) $750,000 for Baltic Fire Engine #1 for construction and equipment, (B) $100,000 for Occum Fire Department for facility upgrades, and (C) $500,000 for Marlborough Fire Department for facility upgrades; (13) Up to $20,000,000 for the fiscal year ending June 30, 2022, and up to $10,700,000 for the fiscal year ending June 30, 2023, to the Department of Economic and Community Development, for Other Expenses, to be made available for grants to Connecticut Humanities in said fiscal years; (14) Up to $34,000,000 to the State Comptroller, for Other Expenses, for the fiscal year ending June 30, 2022;
House Bill No. 5506
Public Act No. 22-118 59 of 739
(15) Up to $5,000,000 to the Department of Energy and Environmental Protection, for Solid Waste Management, for the fiscal [year] years ending June 30, 2022, through June 30, 2024, to establish and administer a program to support solid waste reduction strategies, including a redemption center grant program, provided the department may utilize a portion of such funds to contract with independent third parties with expertise in the field of solid waste management and infrastructure, including, but not limited to, anaerobic digestion, to provide services to the department and municipalities, that shall include, but need not be limited to, technical assistance, consulting services, review of procurement proposals and waste characterization studies; (16) Up to $10,000 to the Department of Energy and Environmental Protection, for Other Expenses, for the fiscal year ending June 30, 2022, to support initiatives related to sewage spills; (17) Up to $20,000 to the Department of Veterans' Affairs, for the fiscal year ending June 30, 2022, for Other Expenses, for initiatives related to members of the Hmong Laotian Special Guerilla Units; (18) Up to $30,000 to the Department of Revenue Services, for Other Expenses, for the fiscal year ending June 30, 2023, for tax system modifications associated with beverage container redemptions; (19) Up to $779,853 for the fiscal year ending June 30, 2022, and up to $519,902 for the fiscal year ending June 30, 2023, to the Department of Economic and Community Development, for Other Expenses, to be made available in said fiscal years for grants to flagship producing theatres; (20) Up to $2,473,278 to the Department of Economic and Community Development, for Other Expenses, for each of the fiscal years ending June 30, 2022, and June 30, 2023, to be made available in each said fiscal year for grants to performing arts centers;
House Bill No. 5506
Public Act No. 22-118 60 of 739
(21) Up to $1,145,259 for the fiscal year ending June 30, 2022, and up to $763,506 for the fiscal year ending June 30, 2023, to the Department of Economic and Community Development, for Other Expenses, for each to be made available in said fiscal years for grants to performing arts theatres; (22) Up to $3,000,000 to the Department of Economic and Community Development, for Other Expenses, for each of the fiscal years ending June 30, 2022, and June 30, 2023, to be made available in each said fiscal year for grants to small theatres; (23) Up to $2,500,000 to the Department of Economic and Community Development, for Other Expenses, for each of the fiscal years ending June 30, 2022, and June 30, 2023, to be made available in each said fiscal year for grants to children's museums; (24) Up to $250,000 to [the Department of Agriculture] The University of Connecticut, for Other Expenses, for each of the fiscal years ending [June 30, 2022, and] June 30, 2023, for the costs associated with the Connecticut Veterinary Medical Diagnostic Laboratory; (25) Up to $360,000 to the Department of Education, for Other Expenses, for the fiscal year ending June 30, 2022, to support the development of a model curriculum for grades kindergarten through eight; (26) Up to $1,000,000 to the Department of Emergency Services and Public Protection, for Other Expenses, for each of the fiscal years ending June 30, 2022, and June 30, 2023, for the Western Connecticut School Safety program; (27) Up to $5,000,000 to the Department of Housing, for Housing/Homeless Services, for each of the fiscal years ending June 30, 2022, and June 30, 2023, to be made available in each said fiscal year for homeless shelters;
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Public Act No. 22-118 61 of 739
(28) Up to $1,650,000 to the Office of Early Childhood, for Birth to Three, for each of the fiscal years ending June 30, 2022, and June 30, 2023, for parent fees and costs to expand coverage to children who turn age three on or after May first of each said year, until the start of the school year; (29) Up to $200,000 to the Department of Emergency Services and Public Protection, for Other Expenses, for the fiscal year ending June 30, 2022, for the opioid CRISIS initiative pilot program; (30) Up to $150,000 to the Secretary of the State, for Other Expenses, for each of the fiscal years ending June 30, 2022, and June 30, 2023, for the costs of an election monitor for the city of Bridgeport; (31) Up to $500,000 to the Department of Veterans' Affairs, for Other Expenses, for the fiscal year ending June 30, 2022, to reduce reliance on the Institutional General Welfare account; (32) Up to $650,000 to the Office of the Attorney General, for Other Expenses, for the fiscal year ending June 30, 2022, to support one-time costs of information technology projects; (33) Up to $5,000,000 to the Department of Energy and Environmental Protection, for Solid Waste Management, for the fiscal year ending June 30, 2022, and made available to establish and administer a program to support solid waste reduction strategies; (34) Up to $100,000 to the Department of Children and Families, for Other Expenses, for the fiscal year ending June 30, 2022, and made available for Careline upgrades; (35) Up to $1,100,000 to the Department of Education, for Other Expenses, for the fiscal year ending June 30, 2022, to be made available for a grant for Wilbur Cross Fields;
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Public Act No. 22-118 62 of 739
(36) Up to $5,000,000 to the Secretary of the Office of Policy and Management, for Other Expenses, for the fiscal year ending June 30, 2022, for costs associated with the legalization of cannabis. The secretary shall transfer funds to the affected agencies; (37) Up to $3,000,000 to the Department of Energy and Environmental Protection, for Other Expenses, for the fiscal year ending June 30, 2022, to provide the following grants: (A) $1,500,000 for the Eastern Pequot Tribe for design and construction of a well, septic system and access road, (B) $1,000,000 to the [Schaghticoke Tribe] Schaughticok Tribal Nation for design and construction of (i) fencing and a stone retaining wall [related to a] on cemetery grounds, (ii) bathroom and storage facilities, and (iii) a well and septic system, and (C) $500,000 for the Golden Hill Paugussett Tribe for design and construction of a community building; (38) Up to $149,000 for the fiscal year ending June 30, 2022, and up to $101,900 for the fiscal year ending June 30, 2023, to the Department of Housing, for Other Expenses, for housing data; (39) Up to $2,500,000 to the Department of Social Services, for Medicaid, for each of the fiscal years ending June 30, 2022, and June 30, 2023, for social worker staffing at nursing homes; (40) Up to $500,000 for the fiscal year ending June 30, 2022, to the Judicial Department, for Other Expenses, for information technology consultants to complete necessary system changes; (41) Up to $650,000 for the fiscal year ending June 30, 2022, to the Department of Emergency Services and Public Protection, for Personal Services, for information technology consultants to complete necessary technology changes; (42) Up to $30,000,000 for the fiscal year ending June 30, 2022, to the Office of Policy and Management, for Reserve for Salary Adjustments,
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Public Act No. 22-118 63 of 739
for collective bargaining costs; (43) Up to $21,000,000 for deposit into the State Employees Retirement Fund established pursuant to chapter 66 of the general statutes to support an agreement to reduce unfunded pension liabilities; (44) Up to $6,150,000 for the fiscal year ending June 30, 2022, and up to $5,050,000 for the fiscal year ending June 30, 2023, to the Department of Economic and Community Development, for Other Expenses, to be made available for the following grants in said fiscal years: Grantee Grant Amount Grant Amount
2021-2022 2022-2023 RYASAP Bridgeport 150,000 150,000 Cradle to Career Stamford 100,000 100,000 Color a Positive Thought Bridgeport 100,000 100,000 Project Longevity 350,000 350,000 EMERGE 100,000 100,000 Hartford Gay and Lesbian Health Collective 100,000 100,000 [True Colors, Inc.] Queer Youth Programming of CT [provided not less than ninety per cent of such grants shall be used for direct services to LGBTQ+ youth] 100,000 100,000 New Haven Pride Center 100,000 100,000 Wilson Gray YMCA SDE 250,000 250,000 Jewish Federation DSS 100,000 100,000 Upper Albany 250,000 250,000 Youth Service Bureaus & Juvenile Review Boards 500,000 500,000
House Bill No. 5506
Public Act No. 22-118 100 of 739
Each collaborative drug therapy management agreement, [and protocols] collaborative drug therapy management policy, written protocol and collaborative drug therapy care plan shall be available for inspection by the [Departments] Department of Consumer Protection and the Department of Public Health. [and Consumer Protection.] A copy of the protocol shall be filed in the patient's medical record. [(c)] (d) A pharmacist shall be responsible for demonstrating, in accordance with regulations adopted pursuant to subsection [(d)] (e) of this section, the competence necessary for [participation] the pharmacist to participate in each collaborative drug therapy management agreement, [into which such pharmacist enters] collaborative drug therapy management policy and collaborative drug therapy care plan in which such pharmacist seeks to participate by, among other things, demonstrating that such pharmacist has reviewed the latest edition of the "Pharmacists' Patient Care Process" published by the Joint Commission of Pharmacy Practitioners. [(d)] (e) The Commissioner of Consumer Protection, in consultation with the Commissioner of Public Health, shall (1) adopt regulations, in accordance with chapter 54, concerning competency requirements for participation in a [written protocol-based] collaborative drug therapy management agreement, [described in subsection (a) of this section,] the minimum content of the collaborative drug therapy management agreement [and the written protocol] and such other matters said commissioners deem necessary to carry out the purpose of this section, and (2) on or after the effective date of this section, amend such regulations to include competency requirements for participation in a collaborative drug therapy management policy or collaborative drug therapy care plan and the minimum content of collaborative drug therapy management policies, collaborative drug therapy care plans and written protocols governing collaborative drug therapy and device management.
House Bill No. 5506
Public Act No. 22-118 101 of 739
Sec. 70. Section 19a-521d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): A medical director of a nursing home facility, as defined in section 19a-521, may establish protocols for a prescription drug formulary system in accordance with guidelines established by the American Society of Health-System Pharmacists and any applicable collaborative drug therapy management agreement or collaborative drug therapy management policy, as [described] defined in section 20-631. The medical director of a nursing home facility that implements a prescription drug formulary system may make a substitution for a drug prescribed to a patient of the facility in accordance with the provisions of this section. Prior to making any substitution for a drug prescribed to a patient of the facility in accordance with the facility's protocols, the medical director, or the medical director's designee, shall notify the prescribing practitioner of the medical director's intention to make such substitution. If the prescribing practitioner does not authorize the medical director or the medical director's designee to make such substitution or objects to such substitution, the medical director, or the medical director's designee, shall not make the substitution. Notwithstanding the provisions of this section, a facility, when administering prescription drugs to a patient who receives benefits under a medical assistance program administered by the Department of Social Services, shall consider and administer prescription drugs to such patient in accordance with (1) the department's preferred drug list, developed in accordance with section 17b-274d, (2) prescription drug formularies under Medicare Part D, or (3) the patient's health insurance policy, as the medical director of the nursing home facility deems appropriate. Sec. 71. Subsection (b) of section 20-593 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022):
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Public Act No. 22-118 102 of 739
(b) A license to practice pharmacy shall expire [biennially] annually and may be renewed upon completion of an application on a form approved by the department, payment of one hundred [twenty] dollars and completion of continuing professional education, as required by sections 20-599 and 20-600. Sec. 72. (Reserved) Sec. 73. (Reserved) Sec. 74. (Reserved) Sec. 75. (NEW) (Effective July 1, 2022) The State Fire Administrator shall, within available appropriations, pay five hundred dollars to each volunteer fire company for each call to which it responds on (1) a limited access highway, designated pursuant to section 13b-27 of the general statutes, (2) the section of the highway known as the Berlin Turnpike, which begins at the end of the existing Wilbur Cross Parkway in the town of Meriden and extends northerly along Route 15 to the beginning of a section of limited access highway in the town of Wethersfield known as South Meadows Expressway, or (3) the section of Route 8 in the town of Beacon Falls which is within the boundaries of the Naugatuck State Forest. Sec. 76. Section 12-564 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): (a) The [commissioner] Commissioner of Consumer Protection shall make an annual report in writing to the Governor as provided in section 4-60 and shall make such additional reports as the Governor may from time to time reasonably request. The annual report shall include a statement of the receipts and disbursements of the [department] Department of Consumer Protection, a statement of the costs of administering the department, a summary of [its] the department's activities, and any additional information and recommendations which
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Public Act No. 22-118 103 of 739
the commissioner may deem of value or which the Governor may request. (b) [The] Not later than August 1, 2023, and every ten years thereafter, and at such other times as the Commissioner of Mental Health and Addiction Services deems necessary, the commissioner, or a contractor chosen by the commissioner, shall conduct [studies] a study concerning the effect of legalized gambling on the citizens of this state including, but not limited to, [studies to determine] an examination of the types of gambling activity engaged in by the public and the desirability of expanding, maintaining or reducing the amount of legalized gambling permitted in this state. [Such studies shall be conducted as often as the commissioner deems necessary, except that no studies shall be conducted before the fiscal year ending June 30, 2009, and thereafter studies shall be conducted at least once every ten years. The] Each such study shall take into consideration the findings on the effects of legalized gambling from the most recent study completed pursuant to this subsection, and shall use such findings to inform the current study. In conducting each study, the commissioner, or a contractor chosen by the commissioner to conduct such study, shall (1) consider data from other states to inform recommendations on best practices and proposed regulatory changes, (2) review available data to assess the problem gaming resources available in the state, and (3) consult with stakeholders to inform the study analysis, including, but not limited to, elected and appointed government officials, nongovernmental and charitable organizations, municipal officials, businesses and entities engaged in legalized gambling activities in the state. The commissioner shall submit the findings of each such study and a statement of the costs of conducting such study to the joint standing [committees] committee of the General Assembly having cognizance of matters relating to [legalized gambling shall each receive a report concerning each study carried out, stating the findings of the study and the costs of conducting the study] public safety and security, in accordance with the provisions
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Public Act No. 22-118 104 of 739
of section 11-4a. Sec. 77. Subsection (a) of section 29-5 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) The Commissioner of Emergency Services and Public Protection may, within available appropriations, appoint suitable persons from the regular state police force as resident state policemen in addition to the regular state police force to be employed and empowered as state policemen in any town or two or more adjoining towns lacking an organized police force, and such officers may be detailed by said commissioner as resident state policemen for regular assignment to such towns, provided each town shall pay eighty-five per cent of the cost of compensation, maintenance and other expenses of the first two state policemen detailed to such town, and one hundred per cent of such costs of compensation, maintenance and other expenses for any additional state policemen detailed to such town, provided further such town shall pay one hundred per cent of any overtime costs and such portion of fringe benefits directly associated with such overtime costs, except (1) for the fiscal year ending June 30, 2020, [and for each fiscal year thereafter] to the fiscal year ending June 30, 2022, inclusive, fifty per cent of the portion of the state employees' retirement system fringe recovery rate attributable to the unfunded liability of said system shall be paid by the Comptroller from the resources appropriated for State Comptroller-State Employees' Retirement System Unfunded Liability, and (2) for the fiscal year ending June 30, 2023, and for each fiscal year thereafter, one hundred per cent of the portion of the state employees' retirement system fringe recovery rate attributable to the unfunded liability of said system shall be paid by the Comptroller from the resources appropriated for State Comptroller-State Employees' Retirement System Unfunded Liability. Such town or towns and the Commissioner of Emergency Services and Public Protection are
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Public Act No. 22-118 105 of 739
authorized to enter into agreements and contracts for such police services, with the approval of the Attorney General, for periods not exceeding two years. Sec. 78. (NEW) (Effective from passage) On and after July 1, 2022, the Department of Emergency Services and Public Protection shall, within available resources, administer a grant program to provide grants-in- aid to eligible municipalities for speed enforcement activities on rural roads. Any municipality that has a population of less than twenty-five thousand that has a law enforcement unit or resident state trooper may apply for such grants in such manner as the department prescribes. The department shall award grants of up to five thousand dollars to eligible municipalities, and may award not more than a total of ten grants to any such municipality. The department shall continue to award grants until all resources dedicated to such grant program have been expended. Sec. 79. (NEW) (Effective from passage) (a) Not later than January 1, 2023, the Office of Higher Education shall establish a health care provider loan reimbursement program. The health care provider loan reimbursement program shall provide loan reimbursement grants to health care providers licensed by the Department of Public Health who are employed full-time as a health care provider in the state. (b) The executive director of the Office of Higher Education shall (1) develop, in consultation with the Department of Public Health, eligibility requirements for recipients of such loan reimbursement grants, which requirements may include, but need not be limited to, income guidelines, and (2) award at least twenty per cent of such loan reimbursement grants to graduates of a regional community-technical college. The executive director shall consider health care workforce shortage areas when developing such eligibility requirements. A person who qualifies for a loan reimbursement grant shall be reimbursed on an annual basis for qualifying student loan payments in amounts determined by the executive director. A health care provider shall only
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be reimbursed for loan payments made while such person is employed full-time in the state as a health care provider. Persons may apply for loan reimbursement grants to the Office of Higher Education at such time and in such manner as the executive director prescribes. (c) The Office of Higher Education may accept gifts, grants and donations, from any source, public or private, for the health care provider loan reimbursement program. Sec. 80. (NEW) (Effective from passage) (a) The Department of Public Health shall establish a community gun violence intervention and prevention program to (1) fund and support the growth of evidence- informed, community-centric community violence and gun violence prevention and intervention programs in the state, (2) strengthen partnerships among the community, state and federal agencies involved in community violence prevention and intervention, (3) collect timely data on firearm-involved injuries and deaths and make such data publicly available, (4) evaluate effectiveness of violence intervention and prevention strategies implemented under the program, (5) determine community-level needs by engaging with communities impacted by gun violence, and (6) secure state, federal and other funds for the purposes of reducing community gun violence. (b) Not later than January 1, 2023, and annually thereafter, the Commissioner of Public Health shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to public health, in accordance with the provisions of section 11-4a of the general statutes, concerning the activities of the program during the preceding twelve-month period. Sec. 81. (NEW) (Effective from passage) (a) There is established a Commission on Community Gun Violence Intervention and Prevention to advise the Commissioner of Public Health on the development of evidence-based, evidenced-informed, community-centric gun
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programs and strategies to reduce community gun violence in the state. The commission shall be within the Department of Public Health for administrative purposes only. (b) The commission shall be composed of the following members: (1) Two appointed by the speaker of the House of Representatives, one of whom shall be a representative of the Connecticut Hospital Association and one of whom shall be a representative of Compass Youth Collaborative; (2) Two appointed by the president pro tempore of the Senate, one of whom shall be a representative of the Connecticut Violence Intervention Program and one of whom shall be a representative of the Regional Youth Adult Social Action Partnership; (3) Two appointed by the majority leader of the House of Representatives, one of whom shall be a representative of Hartford Communities That Care, Inc. and one of whom shall be a representative of CT Against Gun Violence; (4) Two appointed by the majority leader of the Senate, one of whom shall be a representative of Project Longevity and one of whom shall be a representative of Saint Francis Hospital and Medical Center; (5) One appointed by the minority leader of the House of Representatives, who shall be a representative of Yale New Haven Hospital; (6) One appointed by the minority leader of the Senate, who shall be a representative of Hartford Hospital; (7) One appointed by the House chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to public health, who shall be a representative of the Greater
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Bridgeport Area Prevention Program; (8) One appointed by the Senate chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to public health, who shall be a representative of a community gun violence reduction program; (9) One appointed by the executive director of the Commission on Women, Children, Seniors, Equity and Opportunity, who shall be a representative of the Health Alliance for Violence Intervention; (10) Two appointed by the Commissioner of Public Health; (11) Two appointed by the Governor, one of whom shall be a member of the faculty at an academic institution and have experience in gun violence prevention and one of whom is an advocate for survivors of violent crime; (12) One appointed by the minority leader of the House of Representatives, who shall be employed as the highest-ranking professional police officer of an organized police department of a municipality within the state; (13) One appointed by the minority leader of the Senate, who shall be a youth representative of a group that advocates on behalf of justice- involved youth; (14) The Commissioner of Public Health; (15) The Commissioner of Children and Families, or the commissioner's designee; (16) The Commissioner of Social Services, or the commissioner's designee; and (17) The executive director of the Commission on Women, Children,
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Seniors, Equity and Opportunity, or the executive director's designee. (c) The members of the community gun violence intervention and prevention advisory committee established under section 9 of public act 21-35 shall be deemed the initial appointments to the commission under subdivisions (1) to (10), inclusive, of subsection (b) of this section. (d) In making appointments to the commission, the appointing authorities shall seek to select individuals for such appointments who are representative of the full geographic diversity of communities that experience community gun violence in the state. (e) The first meeting of the commission shall be held not later than sixty days after the effective date of this section. The Commissioner of Public Health shall serve as the chairperson of the commission. (f) A majority of the membership of the commission shall constitute a quorum for the transaction of any business and any decision shall be by a majority vote of those present at a meeting, except the commission may establish such subcommissions, advisory groups or other entities as it deems necessary to further the purposes of the commission. (g) The members of the commission shall serve without compensation, but shall, within the limits of available funds, be reimbursed for expenses necessarily incurred in the performance of their duties. (h) The commission shall advise the Department of Public Health regarding the development of criteria for any grant opportunities that arise through the program established pursuant to section 80 of this act. (i) Not later than January 1, 2023, and annually thereafter, the commission shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to public health, in accordance with the provisions of section 11-4a of the general
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statutes, and to the Commissioner of Public Health concerning the activities of the commission. Sec. 82. Section 18-69e of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): Correctional staff at York Correctional Institution shall, upon request, provide an inmate at the institution with [feminine hygiene] menstrual products as soon as practicable. Correctional staff shall provide such [feminine hygiene] menstrual products for free, [and] in a quantity that is appropriate to the health care needs of the inmate and, on and after July 1, 2023, in a manner that does not stigmatize any inmate seeking such products, pursuant to guidelines established by the Commissioner of Public Health under section 89 of this act. To carry out the provisions of this section, the Department of Correction may (1) accept donations of menstrual products and grants from any source for the purpose of purchasing such products, and (2) partner with a nonprofit or community-based organization. For purposes of this section, ["feminine hygiene products"] "menstrual products" means tampons and sanitary napkins. Sec. 83. Section 18-99b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) The school district acting by the Commissioner of Correction shall have the power to (1) establish and maintain within the Department of Correction such schools of different grades as the commissioner may from time to time require and deem necessary in the best interests of those persons confined in any institution of the department, (2) establish and maintain within the department such school libraries as may from time to time be required in connection with the educational courses, services and programs authorized by section 18-99a and this section, (3) purchase, receive, hold and convey personal property for school purposes and equip and supply such schools with necessary furniture
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and other appendages, (4) make agreements and regulations for the establishing and conducting of such schools as are authorized under said sections and employ and dismiss, in accordance with the applicable provisions of section 10-151, such teachers as are necessary to carry out the intent of said sections, and to pay their salaries, and (5) receive any federal funds or aid made available to the state for rehabilitative or other programs and shall be eligible for and may receive any other funds or aid whether private, state or otherwise, to be used for the purposes of said sections. (b) The school district acting by the Commissioner of Correction may, pursuant to agreements, cooperate with the federal government in carrying out the purposes of any federal acts pertaining to vocational rehabilitation, and may adopt such methods of administration as are found by the federal government to be necessary for the proper and efficient operation of such agreements or plans for vocational or other rehabilitation in correctional institutions, and may comply with such conditions as may be necessary to secure the full benefit of all such federal funds available. (c) On and after July 1, 2023, the school district acting by the Commissioner of Correction shall upon request, provide a person confined in any institution of the Department of Correction who is attending a school within such district menstrual products as soon as practicable. Correctional staff shall provide such menstrual products for free, in a quantity that is appropriate to the health care needs of such person and in a manner that does not stigmatize any person seeking such products, pursuant to guidelines established by the Commissioner of Public Health under section 89 of this act. To carry out the provisions of this section, the Department of Correction may (1) accept donations of menstrual products and grants from any source for the purpose of purchasing such products, and (2) partner with a nonprofit or community-based organization.
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Sec. 84. (NEW) (Effective July 1, 2022) On and after September 1, 2023, each local and regional board of education shall provide free menstrual products, as defined in section 18-69e of the general statutes, in women's restrooms, all-gender restrooms and at least one men's restroom, which restrooms are accessible to students in grades three to twelve, inclusive, in each school under the jurisdiction of such boards and in a manner that does not stigmatize any student seeking such products, pursuant to guidelines established by the Commissioner of Public Health under section 89 of this act. To carry out the provisions of this section, the local and regional boards of education may (1) accept donations of menstrual products and grants from any source for the purpose of purchasing such products, and (2) partner with a nonprofit or community-based organization. Sec. 85. (NEW) (Effective July 1, 2022) On and after July 1, 2023, each public institution of higher education, as defined in section 10a-173 of the general statutes, shall provide free menstrual products, as defined in section 18-69e of the general statutes, in no fewer than one designated and accessible central location on each campus of the institution and in a manner that does not stigmatize any student seeking such products, pursuant to guidelines established by the Department of Public Health under section 89 of this act. Each public institution of higher education shall post notice of such location on its Internet web site. To carry out the provisions of this section, each public institution of higher education may (1) accept donations of menstrual products and grants from any source for the purpose of purchasing such products, and (2) partner with a nonprofit or community-based organization. Sec. 86. Section 8-359a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) The Commissioner of Housing may, upon application of any public or private organization or agency, make grants, within available appropriations, to develop and maintain programs for homeless
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individuals including programs for emergency shelter services, transitional housing services, on-site social services for available permanent housing and for the prevention of homelessness. (b) Each shelter receiving a grant pursuant to this section (1) shall provide decent, safe and sanitary shelter for residents of the shelter, including, but not limited to, through the provision, on and after July 1, 2023, of free menstrual products, as defined in section 18-69e, in each restroom of such shelter that is accessible to its residents and in a manner that does not stigmatize any resident seeking such products, pursuant to guidelines established by the Commissioner of Public Health under section 89 of this act; (2) shall not suspend or expel a resident without good cause; (3) shall, in the case of a resident who is listed on the registry of sexual offenders maintained pursuant to chapter 969, provide verification of such person's residence at the shelter to a law enforcement officer upon the request of such officer; and (4) shall provide a grievance procedure by which residents can obtain review of grievances, including grievances concerning suspension or expulsion from the shelter. No shelter serving homeless families may admit a person who is listed on the registry of sexual offenders maintained pursuant to chapter 969. The Commissioner of Housing shall adopt regulations, in accordance with the provisions of chapter 54, establishing (A) minimum standards for shelter grievance procedures and rules concerning the suspension and expulsion of shelter residents, and (B) standards for the review and approval of the operating policies of shelters receiving a grant under this section. Shelter operating policies shall establish a procedure for the release of information concerning a resident who is listed on the registry of sexual offenders maintained pursuant to chapter 969 to a law enforcement officer in accordance with this subsection. To carry out the provisions of subdivision (1) of this subsection, each shelter may (i) accept donations of menstrual products and grants from any source for the purpose of purchasing such products, and (ii) partner with a nonprofit or community-based
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organization. Sec. 87. (NEW) (Effective July 1, 2022) On and after July 1, 2023, each emergency shelter operated by a domestic violence agency, as defined in section 52-146k of the general statutes, that receives state funding shall provide free menstrual products, as defined in section 18-69e of the general statutes, in each restroom of the shelter that is accessible to its residents and in a manner that does not stigmatize any resident seeking such products, pursuant to guidelines established by the Commissioner of Public Health under section 89 of this act. To carry out the provisions of this section, each shelter may (1) accept donations of menstrual products and grants from any source for the purpose of purchasing such products, and (2) partner with a nonprofit or community-based organization. Sec. 88. Subdivision (122) of section 12-412 of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): (122) Sales of [feminine hygiene] menstrual products. Sec. 89. (NEW) (Effective from passage) On or before July 1, 2022, the Commissioner of Public Health shall establish guidelines regarding the manner in which menstrual products may be provided pursuant to sections 8-359a, 18-69e and 18-99b of the general statutes and sections 84, 85 and 87 of this act, without stigmatizing the person who requests such products. The commissioner shall post such guidelines on the Department of Public Health's Internet web site. Sec. 90. Section 11-1a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) The State Library Board may institute and conduct programs of state-wide library service which may include, but need not be limited to, (1) a cataloging and processing service to be available to libraries, (2)
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the creation and maintenance of current and retrospective union catalogs of books, union lists of serials and similar cooperative listings of library materials, (3) a program of coordinated acquisitions, storage and deposit of library materials, (4) the support and encouragement of the transfer, as loans or copies, of library materials between libraries and to nonresident library patrons, (5) the provision of suitable high-speed communications facilities, (6) the creation and maintenance of bibliographic and regional reference centers, (7) the provision of traveling collections of library materials and of book examination centers, (8) the provision of a publicity and public relations service for libraries, and (9) the creation and maintenance of a state-wide platform for the distribution of electronic books to public library patrons. (b) The State Library Board shall create and maintain one or more library research centers which shall utilize any appropriate sources of information, both within and outside of the state, to meet the needs of those making inquiries. (c) The State Library Board shall maintain the state's principal law library which shall be located in the State Library and Supreme Court Building. The State Library Board shall distribute state documents, statutes and public acts to the law libraries established pursuant to section 11-10b. (d) The State Library Board shall create and maintain a library service for the blind and other persons with disabilities, as provided for in 2 USC Sections 135a, 135a-1 and 135b. The State Library Board shall consult with the advisory committee relating to the library for blind and physically disabled persons and the Commissioner of Aging and Disability Services, or the commissioner's designee, before taking any action that may diminish or substantively change the library services described in this subsection. Sec. 91. Section 10-183l of the 2022 supplement to the general statutes
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is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) (1) On and after July 1, 1991, the management of the system shall continue to be vested in the Teachers' Retirement Board, whose members shall include the Treasurer, the Secretary of the Office of Policy and Management and the Commissioner of Education, or their designees, who shall be voting members of the board, ex officio. (2) On or before June 15, 1985, and quadrennially thereafter, the members of the system shall elect from their number, in a manner prescribed by said board, two persons to serve as members of said board for terms of four years beginning July first following such election. Both of such persons shall be active teachers who shall be nominated by the members of the system who are not retired and elected by all the members of the system. On or before July 1, 1991, and quadrennially thereafter, the members of the system shall elect from their number, in a manner prescribed by said board, three persons to serve as members of said board for terms of four years beginning July first following such election. Two of such persons shall be retired teachers who shall be nominated by the retired members of the system and elected by all the members of the system and one shall be an active teacher who shall be nominated by the members of the system who are not retired and elected by all the members of the system. (3) On or before July 1, 2011, and quadrennially thereafter, the members of the system shall elect from their number, in a manner prescribed by said board, one person to serve as a member of said board for a term of four years beginning July first following such election. Such person shall be an active teacher who shall be nominated by the members of the system who are not retired, elected by all the members of the system and a member of an exclusive representative of a teachers' bargaining unit that is not represented by the members of the board elected under subdivision (2) of this subsection. (4) If a vacancy occurs in the positions filled by the members of the system who are not retired, said board shall elect a member of the system who is not retired to fill the unexpired
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portion of the term. If a vacancy occurs in the positions filled by the retired members of the system, said board shall elect a retired member of the system to fill the unexpired portion of the term. The Governor shall appoint five public members to said board in accordance with the provisions of section 4-9a, one of whom shall be the mayor, first selectman or chief elected official of a municipality. On and after October 31, 2017, the Governor shall fill the next vacant position on the board that is appointed by the Governor with a person who is the mayor, first selectman or chief elected official of a municipality. The members of the board shall serve without compensation, but shall be reimbursed for any expenditures or loss of salary or wages which they incur through service on the board. A majority of the membership of the board shall constitute a quorum for the transaction of any business. (b) In carrying out its duties, the board may employ a chief administrator with a title established by the board, who shall also serve as secretary of the board, an administrative officer and such staff as may be necessary. Their salaries shall be paid by said board with the approval of the Secretary of the Office of Policy and Management. Said board shall employ the services of one or more actuaries, each of which shall be an individual or firm having on its staff a fellow of the Society of Actuaries, to carry out the actuarial duties of this section and sections 10-183b, 10-183r, and 10-183z and for such related purposes as the board deems advisable. The cost of such services shall be charged to the funds provided for in section 10-183r. Said board shall arrange for such actuary to prepare an actuarial valuation of the assets and liabilities of the system as of June [30, 1980, and at least once every two years thereafter] thirtieth, annually. On the basis of reasonable actuarial assumptions approved by the board, such actuary shall determine the actuarially determined employer contribution required to meet the actuarial cost of current service and the unfunded accrued liability. [Commencing December 1, 2002, such] Such valuation shall be completed prior to December first, [biennially] annually. Said board
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shall adopt all needed actuarial tables and may adopt regulations and rules not inconsistent with this chapter, including regulations and rules for payment of purchased service credits and repayment of previously withdrawn accumulated contributions. Said board shall establish an operational budget necessary for the management of the system. The board may enter into such contractual agreements, in accordance with established procedures, as may be necessary for the discharge of its duties. Sec. 92. Section 4-74a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2022): The budget document shall include: [the] (1) The recommendations of the Governor concerning the economy, [and shall include] including, but not limited to, an analysis of the impact of both proposed spending and proposed revenue programs on the employment, production and purchasing power of the people and industries within the state; and (2) an explanation of the manner in which provisions of the budget further the Governor's efforts to ensure equity in the state. For purposes of this section, "equity" means efforts, regulations, policies, programs, standards, processes and any other functions of government or principles of law and governance intended to: (A) Identify and remedy past and present patterns of discrimination or inequality against and disparities in outcome for any class protected in chapter 814c; (B) ensure that such patterns of discrimination, inequality and disparities in outcome, whether intentional or unintentional, are neither reinforced nor perpetuated; and (C) prevent the emergence and persistence of foreseeable future patterns of discrimination against or disparities in outcome for any class protected in chapter 814c. Sec. 93. Section 448 of public act 21-2 of the June special session is repealed and the following is substituted in lieu thereof (Effective from passage):
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(a) Notwithstanding the provisions of section 4-66l of the general statutes, for the fiscal years ending June 30, 2022, and June 30, 2023: (1) Payments for the motor vehicle property tax grants shall be made in accordance with the provisions of subsection (c) of section 4-66l of the general statutes and from the funds appropriated for said fiscal years for such purpose; and (2) Payments for the grants payable under said section pursuant to subsection (d) of section 12-18b, subdivisions (1) and (3) of subsection (e) of section 12-18b, subsection (b) of section 12-19b and subsections (b) and (c) of section 12-20b of the general statutes shall be made from the funds appropriated for said fiscal years for such purpose and the remaining balance due for such grants shall be made from the municipal revenue sharing account established under section 4-66l of the general statutes. (b) (1) After the payment of the remaining balance, as set forth in subdivision (2) of subsection (a) of this section, has been made from the municipal revenue sharing account for each said fiscal year, the following amounts shall be transferred from the resources of said account to the General Fund: (A) For the fiscal year ending June 30, 2022, two hundred sixty-two million seven hundred thousand dollars; and (B) for the fiscal year ending June 30, 2023, two hundred seventy-six million three hundred thousand dollars. (2) Moneys remaining in the municipal revenue sharing account for said fiscal years, including moneys accrued to the account during said fiscal years but received after the end of said fiscal years, after all payments are made under this section shall be expended for the municipal revenue sharing grants under section 4-66l of the general statutes. Payments for the municipal revenue sharing grants shall be made from the account not later than October first following the end of each said fiscal year.
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Sec. 94. Subsection (b) of section 4-66l of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (b) There is established an account to be known as the "municipal revenue sharing account" which shall be a separate, nonlapsing account within the General Fund. The account shall contain any moneys required by law to be deposited in the account. The secretary shall set aside and ensure availability of moneys in the account in the following order of priority and shall transfer or disburse such moneys as follows: (1) For the fiscal year ending June 30, 2022, and each fiscal year thereafter, moneys sufficient to make motor vehicle property tax grants payable to municipalities pursuant to subsection (c) of this section shall be expended not later than August first annually by the secretary; (2) For the fiscal year ending June 30, 2022, and each fiscal year thereafter, moneys sufficient to make the grants payable pursuant to subsection (d) of section 12-18b, subdivisions (1) and (3) of subsection (e) of section 12-18b, subsection (b) of section 12-19b and subsections (b) and (c) of section 12-20b shall be expended by the secretary; and (3) For the fiscal year ending June 30, 2022, and each fiscal year thereafter, moneys in the account remaining shall be expended annually by the secretary for the purposes of the municipal revenue sharing grants established pursuant to subsection (d) of this section. Any such moneys deposited in the account for municipal revenue sharing grants, [between October first and June thirtieth shall be distributed to municipalities on the following October first and any such moneys deposited in the account between July first and September thirtieth] including moneys accrued to the account during each fiscal year but received after the end of such fiscal year, shall be distributed to municipalities [on the following January thirty-first] not later than October first following the end of each fiscal year. Any municipality
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may apply to the Office of Policy and Management on or after July first for early disbursement of a portion of such grant. The Office of Policy and Management may approve such an application if it finds that early disbursement is required in order for a municipality to meet its cash flow needs. No early disbursement approved by said office may be issued later than September thirtieth. Sec. 95. (Effective from passage) Notwithstanding the provisions of subsection (a) of section 12-19b of the general statutes, the city of New Haven shall be permitted to update, not later than July 1, 2022, the assessed valuation it provided to the Secretary of the Office of Policy and Management for the computation of the grant payable under the provisions of section 12-18b of the general statutes to said city for the fiscal year ending June 30, 2023. Sec. 96. Section 31-416 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): As used in this section, section 31-71e, and sections 31-417 to 31-427, inclusive: [, and section 12 of public act 16-29:] [(1) "Authority" means the Connecticut Retirement Security Authority established pursuant to section 31-417;] [(2)] (1) "Board" means the Connecticut Retirement Security [Authority board of directors] Advisory Board established pursuant to section 31-417; [(3)] (2) "Contribution level" means (A) the contribution rate selected by the participant that may be expressed as (i) a percentage of the participant's taxable wages as is required to be reported under Sections 6041 and 6051 of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time, or (ii) a dollar amount up to the maximum deductible amount for the participant's taxable year under Section 219(b)(1) of the
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Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time; or (B) in the absence of an affirmative election by the participant, three per cent of the participant's taxable wages as is required to be reported under Sections 6041 and 6051 of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time. The contribution level of a participant who customarily and regularly receives gratuities in conjunction with his or her employment shall be a percentage of such participant's wages as is required to be reported under Sections 6041 and 6051 of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time; [(4)] (3) "Covered employee" means an individual (A) who has been employed by a qualified employer for a period of not less than one hundred twenty days, (B) who is nineteen years of age or older, (C) who performs services within the state for purposes of section 31-222, and (D) whose service or employment is not excluded under the provisions of subdivision (5) of subsection (a) of section 31-222; [(5)] (4) "Participant" means any individual participating in the program; [(6)] (5) "Program" means the Connecticut Retirement Security [Exchange] Program established pursuant to section 31-418; [(7)] (6) "Qualified employer" means any person, corporation, limited liability company, firm, partnership, voluntary association, joint stock association or other entity doing business in the state during the calendar year, whether for profit or not for profit, that employed on October first of the preceding calendar year five or more individuals in the state and has paid not less than five of such individuals taxable wages of not less than five thousand dollars in the preceding calendar
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year. "Qualified employer" does not include: (A) The federal government, (B) the state or any political subdivision thereof, (C) any municipality, unit of a municipality or municipal housing authority, (D) an employer employing only individuals whose services are excluded under subdivision (5) of subsection (a) of section 31-222, or (E) an employer that was not in existence at all times during the current calendar year and the preceding calendar year; [(8)] (7) "Individual retirement account" means a Roth IRA; [(9)] (8) "Roth IRA" means an account described in Section 408A of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time; [(10)] (9) "Normal retirement age" means the age specified in Section 408A of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time, when an individual may withdraw all funds without penalty; [(11)] (10) "Vendor" means (A) a federally regulated retirement plan sponsor conducting business in the state, including, but not limited to, a federally regulated investment company or an insurance company, or (B) a company conducting business in the state to (i) provide ancillary services, including, but not limited to, technological, payroll or recordkeeping services, and (ii) offer retirement plans or payroll deposit individual retirement account arrangements using products of regulated retirement plan sponsors. "Vendor" does not include individual registered representatives, brokers, financial planners or agents; and [(12)] (11) "Fee" means investment management charges, administrative charges, investment advice charges, trading fees,
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Public Act No. 22-118 124 of 739
marketing and sales fees, revenue sharing, broker fees and other costs necessary to administer the program. Sec. 97. Section 31-417 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): [(a) There is hereby established and created a body politic and corporate, constituting a public instrumentality and political subdivision of the state of Connecticut established and created for the performance of an essential public and governmental function, to be known as the Connecticut Retirement Security Authority. The authority shall not be construed to be a department, institution or agency of the state.] [(b) The powers of the authority shall be vested in and exercised by a board of directors,] (a) There is created the Connecticut Retirement Security Advisory Board which shall consist of the following fifteen voting members, each a resident of the state: [,] (1) [the] The State Treasurer; [who shall serve as an ex-officio voting member;] (2) the State Comptroller; [who shall serve as an ex-officio voting member;] (3) the Secretary of the Office of Policy and Management; [who shall serve as an ex-officio voting member;] (4) the Banking Commissioner; [who shall serve as an ex-officio voting member;] (5) the Labor Commissioner; [who shall serve as an ex-officio voting member;] (6) one appointed by the speaker of the House of Representatives, who [shall have] has a favorable reputation for skill, knowledge and experience in the interests of the needs of aging population; (7) one appointed by the majority leader of the House of Representatives, who [shall have] has a favorable reputation for skill, knowledge and experience in the interests of small employers in retirement savings; (8) one appointed by the minority leader of the House of Representatives, who [shall have] has a favorable reputation for skill, knowledge and experience in the interests of retirement investment products; (9) one appointed by the president pro tempore of the Senate, who [shall have] has a favorable reputation for
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skill, knowledge and experience in the interests of employees in retirement savings; (10) one appointed by the majority leader of the Senate, who [shall have] has a favorable reputation for skill, knowledge and experience in retirement plan designs; (11) one appointed by the minority leader of the Senate, who [shall have] has a favorable reputation for skill, knowledge and experience in the interests of retirement plan brokers; and (12) four appointed by the Governor, one who [shall have] has a favorable reputation for skill, knowledge and experience in matters regarding the federal Employment Retirement Income Security Act of 1974, as amended from time to time, or the Internal Revenue Code of 1986 or any subsequent corresponding internal revenue code of the United States, as amended from time to time, one who [shall have] has a favorable reputation for skill, knowledge and experience in annuity products, one who [shall have] has a favorable reputation for skill, knowledge and experience in retirement investment products, and one who shall have a favorable reputation for skill, knowledge and experience in actuarial science. Each member appointed pursuant to subdivisions (6) to (12), inclusive, of this subsection shall serve an initial term of four years. Thereafter, said members of the General Assembly and the Governor shall appoint members of the board to succeed such appointees whose terms expire and each member so appointed shall hold office for a term of six years from July first in the year of his or her appointment. [(c)] (b) All appointments to the board shall be made not later than January 1, 2017. Any vacancy shall be filled by the appointing authority not later than thirty calendar days after the office becomes vacant. Any member appointed to the board of directors of the former Connecticut Retirement Security Authority and serving on July 1, 2022, may continue to serve as a member of the Connecticut Retirement Security Advisory Board until the expiration of such member's term. Any member previously appointed to the board may be reappointed.
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[(d) The Governor shall select a chairperson of the board from among the members of the board.] (c) Notwithstanding the provisions of section 4-9a, the Comptroller shall be the chairperson of the board. The board shall annually elect a vice-chairperson and such other officers as it deems necessary from among its members. [The board may appoint an executive director who shall not be a member of the board and who shall serve at the pleasure of the board. The executive director shall be an employee of the authority and shall receive such compensation as prescribed by the board.] [(e)] (d) The members of the board shall serve without compensation but shall, within available appropriations, be reimbursed in accordance with the standard travel regulations for all necessary expenses that they may incur through service on the board. [(f) (1)] (e) Each member of the board shall, not later than ten calendar days after his or her appointment, take and subscribe the oath of affirmation required by article XI, section 1, of the State Constitution. Each member's term shall begin from the date the member takes such oath. The oath shall be filed in the office of the Secretary of the State. [(2) Each member of the board authorized by resolution of the board to handle funds or sign checks for the program, and any other authorized officer, shall, not later than ten calendar days after the date the board adopts such authorizing resolution, execute a surety bond in the penal sum of fifty thousand dollars or procure an equivalent insurance product or, in lieu thereof, the chairperson shall obtain a blanket position bond covering the executive director and every member of the board and other employee or authorized officer of the authority in the penal sum of fifty thousand dollars. Each such bond or equivalent insurance product shall be (A) conditioned upon the faithful performance of the duties of the chairperson or the members, executive director and other authorized officers or employees, as the case may be, and (B) issued by an insurance company authorized to transact business
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in the state as surety. The cost of each such bond shall be paid by the authority. (g) An authorized officer or the executive director, if one is appointed by the board pursuant to subsection (d) of this section, shall supervise the administrative affairs and technical activities of the program in accordance with the directives of the board. Such authorized officer or executive director, as the case may be, shall keep a record of the proceedings of the program and shall be custodian of all books, documents and papers filed with the program, the minute book or journal of the program and its official seal. Such authorized officer or executive director, as the case may be, may cause copies to be made of all minutes and other records and documents of the program and may give certificates under the official seal of the program to the effect that such copies are true copies, and all persons dealing with the program may rely upon such certificates.] [(h)] (f) Eight members of the board shall constitute a quorum. [for the transaction of any business or the exercise of any power of the authority.] Each member shall be entitled to one vote on the board. [(i)] (g) (1) No member of the board or any officer, agent or employee of the [authority] Comptroller administering the program shall, directly or indirectly, have any financial interest in any corporation, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or commercial entity contracting with the [authority] program. (2) Notwithstanding the provisions of subdivision (1) of this subsection or any other section of the general statutes, it shall not be a conflict of interest or a violation of the provisions of said subdivision or any other section of the general statutes for a trustee, director, officer or employee of a bank, investment advisor, investment company or investment banking firm, or a person having the required favorable
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reputation for skill, knowledge and experience in retirement savings, to serve as a member of the board, provided, in each case to which the provisions of this subdivision are applicable, such trustee, director, officer or employee of such a firm abstains from discussion, deliberation, action and vote by the board in specific respect to any undertaking pursuant to this section, section 31-71e, sections 31-418 to 31-427, inclusive, [or section 12 of public act 16-29] in which such firm has a direct interest separate from the interests of all similar firms generally. [(j)] (h) The board, on behalf of the authority, and for the purpose of implementing the Connecticut Retirement Security [Exchange] Program established pursuant to section 31-418, shall [adopt written procedures in accordance with the provisions of section 1-121 for the purposes of] advise the Comptroller on matters including: [(1) Adopting an annual budget and plan of operations, including a requirement of board approval before such budget or plan may take effect; (2) Hiring, dismissing, promoting and compensating employees of the authority, instituting an affirmative action policy and requiring board approval before a position may be created or a vacancy filled; (3) Acquiring real and personal property and personal services, including requiring board approval for any nonbudgeted expenditure in excess of five thousand dollars; (4) Contracting for financial, legal and other professional services, and requiring that the authority solicit proposals not less than every three years for each such service used by the board or authority, except for any firm that contracts to provide custodial, recordkeeping or other services for the provision of an individual retirement account such solicitation shall be not less than every ten years;]
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[(5)] (1) Using surplus funds to the extent authorized under [subdivision (12) of section 1-79, subdivision (1) of section 1-120, sections 1-124, 1-125,] sections 31-71e, 31-71j, 31-416 to 31-427, inclusive, and 31-429, [and section 12 of public act 16-29] or other provisions of the general statutes; and [(6)] (2) Making modifications to the program that the board deems necessary to implement the provisions of section 31-71e, sections 31-417 to 31-427, inclusive, [and section 12 of public act 16-29] consistent with federal rules and regulations in order to ensure that the program meets all criteria for federal tax-deferral or tax-exempt benefits, and to prevent the program from being treated as an employee benefit plan under the federal Employee Retirement Income Security Act of 1974, as amended from time to time. [; and] [(7) Establishing an administrative process by which participants, potential participants and employees may submit grievances, complaints and appeals to the board and have such grievances, complaints and appeals heard and addressed by the board. (k) The authority shall continue as long as the program remains in effect and until its existence is terminated by law. Upon termination of the existence of the authority, all its rights and properties shall pass to and be vested in the state of Connecticut. (l) The provisions of this section and section 1-125 shall apply to any member, director or employee of the authority. No person shall be subject to civil liability for the debts, obligations or liabilities of the authority as provided in this section and section 1-125.] (i) Any money expended from the General Fund for the purpose of administering the Connecticut Retirement Security Program, or providing compensation for covered employees, shall be reimbursed to the General Fund not later than October 1, 2023.
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Public Act No. 22-118 130 of 739
Sec. 98. Section 31-418 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) There is established the Connecticut Retirement Security [Exchange] Program, the purpose of which shall be to promote and enhance retirement savings for private sector employees in the state, to be administered by the Comptroller. The office of the Comptroller shall constitute a successor agency to the Connecticut Retirement Security Authority for the purposes of administering the Connecticut Retirement Security Program, in accordance with subsections (a), (b), (c), (d) and (f) of sections 4-38d and 4-38e. The [board of directors of the Connecticut Retirement Security Authority] Comptroller in consultation with the board, may: [(1) Adopt bylaws for the regulation of the affairs of the board and the conduct of its business; (2) Adopt an official seal and alter the same at the pleasure of the board; (3) Maintain an office at such place or places in the state as the board may designate; (4) Sue and be sued in its own name;] [(5)] (1) Establish criteria and guidelines for the program to offer qualified retirement investment choices. Such criteria and guidelines shall establish a cap on total annual fees and shall provide participants with information regarding each retirement investment choice's historical investment performance; [(6)] (2) Receive and invest moneys in the program in any instruments, obligations, securities or property in accordance with section 31-423;
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Public Act No. 22-118 131 of 739
[(7)] (3) Contract with financial institutions or other organizations offering or servicing retirement programs. The [authority] Comptroller may require that each participant be charged a fee to defray the costs of the program. The amount and method of collection of such fee shall be determined by the [authority] Comptroller. No employer shall be required to fund or be responsible for collecting fees from plan participants; [(8) Employ such employees as may be necessary in the board's judgment, and to fix the compensation of such persons;] [(9)] (4) Charge and equitably apportion among participants the administrative costs and expenses incurred in the exercise of the [board's] Comptroller's powers and duties as granted by this section; [(10)] (5) Borrow working capital funds and other funds as may be necessary for the start-up and continuing operation of the program, provided such funds are borrowed in the name of the [authority] program only. Such borrowings shall be payable solely from revenues of the [authority] program; [(11) Make and enter into contracts or agreements with the state and any instrumentalities thereof and professional service providers, including, but not limited to, financial consultants and lawyers, as may be necessary or incidental to the performance of the board's duties and the execution of its powers under this section;] [(12) Establish policies and procedures for the protection of program participants' personal and confidential information; and] [(13)] (6) Do all things necessary or convenient to carry out the provisions of section 31-71e, and sections 31-417 to 31-427, inclusive; [,] and [section 12 of public act 16-29.] (7) Establish an administrative process by which participants,
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potential participants and employees may submit grievances, complaints and appeals to the Comptroller and have such grievances, complaints and appeals heard and addressed by the Comptroller. (b) The [board of directors of the Connecticut Retirement Security Authority] Comptroller shall enter into memoranda of understanding with the Labor Department and other state agencies regarding (1) the gathering or dissemination of information necessary for the operations of the program, subject to such obligations of confidentiality as may be agreed or required by law, (2) the sharing of costs incurred pursuant to the gathering and dissemination of such information, and (3) the reimbursement of costs for any enforcement activities conducted pursuant to section 31-425. Each state agency may also enter into such memoranda of understanding. (c) The Comptroller may adopt regulations in accordance with the provisions of chapter 54 to implement the provisions of this chapter, including, but not limited to, regulations concerning the protection of program participants' personal and confidential information. Sec. 99. Section 31-419 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) The [Connecticut Retirement Security Authority board of directors] Comptroller shall prepare informational materials regarding the Connecticut Retirement Security [Exchange] Program for distribution by qualified employers to plan participants and prospective plan participants pursuant to section 31-422. Such informational materials shall include, but need not be limited to: (1) The benefits and risks associated with making contributions to or making withdrawals from the program; (2) The process for making contributions to the program, including a contribution election form;
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Public Act No. 22-118 133 of 739
(3) Clear and conspicuous notice regarding the default contribution level; (4) The process by which a participant may opt out of the program by electing a contribution level of zero; (5) A description of applicable federal and state regulations, including income and contribution limits for participating in the program; (6) The process for withdrawing retirement savings from the program, including an explanation of the tax treatment of withdrawals; (7) The process by which a participant may obtain additional information on the program, including information regarding investment options available under the program; and (8) Such other information as the [board] Comptroller may deem necessary or advisable to provide to participants, potential participants and qualified employers in the state. (b) Not less than quarterly, the [board] Comptroller shall provide a statement to each participant that shall include, but need not be limited to, the following information: (1) The account balance in a participant's individual retirement account, including the value of the participant's investment in each investment option selected by the participant; (2) The investment options available to each participant and the process by which a participant may select investment options for his or her contributions in accordance with subsection (b) of section 31-71j or as prescribed by the [authority] Comptroller; (3) The amount of fees charged to each participant's individual retirement account and a description of the services to which such
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Public Act No. 22-118 134 of 739
charges relate; and (4) [At the election of the board, an] An estimate of the amount of income the account is projected to generate for a participant's retirement based on reasonable assumptions. (c) Not less than annually, the [board] Comptroller shall provide each participant with notification regarding fees that may be imposed through the program and information regarding the various investment options that may be available to participants. The [board] Comptroller may provide such notification and information in the form of a prospectus or similar document. (d) The [board, on behalf of the authority,] Comptroller may adopt [policies and procedures] regulations in accordance with the provisions of [section 1-121] chapter 54 for the electronic dissemination of any notices or information required to be provided to participants, potential participants and qualified employers pursuant to the provisions of this section. Sec. 100. Section 31-420 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) The [Connecticut Retirement Security Authority] Comptroller shall provide for the establishment and maintenance of an individual retirement account for each program participant. Such individual retirement account shall be established and maintained through the program. Program assets shall be held in trust or custodial accounts meeting the requirements of Section 408(a) or (c) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time, or any other applicable federal law requirements. (b) Interest, investment earnings and investment losses shall be allocated to each participant's individual retirement account. A
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participant's benefit under the program shall be equal to the balance in such participant's individual retirement account as of any applicable measurement date prescribed by the program. (c) The [Connecticut Retirement Security Authority] Comptroller shall establish, or cause to be established, processes to prevent a participant's contributions to the program from exceeding the maximum amount of deduction under 26 USC 219(b)(1) for the participant's tax year. (d) [The state shall not be liable for the payment of any benefit to any participant or beneficiary of any participant and shall not be liable for any liability or obligation of the authority.] The [authority] Comptroller shall not be liable for the payment of any benefit to any participant or beneficiary of any participant, except with respect to any individual retirement accounts established and maintained by the [authority] Comptroller. (e) Any unclaimed funds in a participant's individual retirement account shall be governed by section 3-57a. (f) The [Connecticut Retirement Security Authority] Comptroller shall minimize total annual fees associated with the program, except on and after the completion of the fourth calendar year following the first date on which the program becomes effective pursuant to section 31- 422, the total annual fees associated with the program shall not exceed three-quarters of one per cent of the total value of the program assets. Sec. 101. Section 31-421 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) The [Connecticut Retirement Security Authority board of directors] Comptroller, in conducting the business of the [authority, including its oversight functions,] program shall act: (1) With the care, skill, prudence and diligence under the circumstances then prevailing
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Public Act No. 22-118 136 of 739
that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of like character and with like aims; (2) solely in the interests of the program's participants and beneficiaries; (3) for the exclusive purposes of providing benefits to participants and beneficiaries and defraying reasonable expenses of administering the program; and (4) in accordance with the provisions of section 31-71e, and sections 31-417 to 31-427, inclusive, [and section 12 of public act 16-29] and any other applicable sections of the general statutes. (b) The [board] Comptroller shall, to the extent reasonable and practicable, require any vendors engaged or appointed by the [authority] Comptroller to abide by the standard of care described in subsection (a) of this section. Sec. 102. Section 31-422 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) (1) Not later than January 1, 2018, and annually thereafter, each qualified employer shall provide each of its covered employees with the informational materials prepared by the [Connecticut Retirement Security Authority board of directors] Comptroller pursuant to section 31-419. For any employee of a qualified employer who (A) is hired on or after January 1, 2018, or (B) does not meet the definition of covered employee pursuant to section 31-416, such qualified employer shall provide such informational materials to such employee not later than thirty days, or such other time period as prescribed by the [authority] Comptroller, after (i) the date of such employee's hiring, or (ii) the date such employee meets the definition of covered employee pursuant to section 31-416. (2) Not later than sixty days after a qualified employer provides informational materials to a covered employee in accordance with subsection (a) of this section, or such other time period as prescribed by
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the [authority] Comptroller, and subject to the provisions of subdivision (3) of this subsection, such qualified employer shall automatically enroll each of its covered employees in the program at the participant's contribution level in accordance with the provisions of section 31-71j. (3) A covered employee may opt out of the program by electing a contribution level of zero. (4) (A) A qualified employer that (i) maintains a retirement plan or retirement arrangement described under Section 219(g)(5) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time, or (ii) any other retirement arrangement approved by the [authority] Comptroller, shall be exempt from the requirements of subdivisions (1) and (2) of this subsection. (B) A qualified employer shall not be considered to maintain a retirement plan or retirement arrangement described under said Section 219(g)(5) or any other retirement arrangement approved by the [authority] Comptroller pursuant to subparagraph (A) of this subdivision, if the [authority] Comptroller determines that (i) as of the first day of the previous calendar year, no new participant was eligible to be enrolled in a retirement plan or retirement arrangement maintained by such qualified employer, and (ii) on and after the first day of the previous calendar year, no contributions were made to such retirement plan or retirement arrangement by or on behalf of a participant in such plan or arrangement. (5) The [authority] Comptroller may defer the effective date of the program, in whole or in part, and for particular categories of employers, as the [authority] Comptroller deems necessary to effectuate the purposes of section 31-71e, and sections 31-417 to 31-427, inclusive, [and section 12 of public act 16-29] in a manner that minimizes the disruption and burdens that may exist for any qualified employer. The [board]
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Comptroller shall provide notice of any deferment of the effective date of the program to the chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to labor not later than seven days after the [authority] Comptroller has deemed such deferment necessary. Such notice shall include the categories of employers affected, the purpose for which the deferment was granted and the new effective date of the program. (b) A private employer with four employees or fewer may make the program available to its employees subject to such [rules and procedures] regulations as may be [prescribed] adopted by the [authority] Comptroller, in accordance with the provisions of chapter 54. No such employer shall require any employee to enroll in the program. (c) Any individual who is not enrolled in the program pursuant to subsection (a) of this section may participate in the program at any time subject to such [rules and procedures] regulations as the [authority] Comptroller may [prescribe] adopt, in accordance with the provisions of chapter 54. The [authority] Comptroller shall provide the informational materials described in section 31-419 to any such individual at or before the time of such individual's enrollment in the program. (d) To the extent permitted under the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time, the [authority] Comptroller shall allow any individual to establish or contribute to an individual retirement account maintained for such individual under the program by rolling over funds from an existing retirement savings account of the individual. (e) A qualified employer that withholds a contribution from a covered employee's compensation in connection with the program shall
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transmit such contribution on the earliest date the amount withheld from the covered employee's compensation can be transmitted, but not later than ten business days following the date upon which the covered employee's contribution amounts were withheld from his or her paycheck. (f) No employer shall be permitted to make a contribution to the program. (g) The [board] Comptroller shall disseminate information concerning the tax credits that may be available to small business owners for establishing new retirement plans. Sec. 103. Section 31-423 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): The [Connecticut Retirement Security Authority] Comptroller shall provide for each participant's account to be invested in (1) an age- appropriate target date fund, or (2) other investment vehicles the [authority] Comptroller may prescribe if affirmatively selected by the participant. Sec. 104. Section 31-424 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) The [Connecticut Retirement Security Authority] Comptroller shall [establish rules and procedures] adopt regulations, in accordance with the provisions of chapter 54 governing the distribution of funds from the program. Such [rules and procedures] regulations shall allow for such distributions as may be permitted or required by the program and any applicable provisions of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time. (b) The program shall include the following design features
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prescribed by the [authority] Comptroller, provided the [authority] Comptroller determines such features to be feasible and cost effective: (1) A lifetime income investment option intended to provide participants with a source of retirement income for life. Any lifetime income investment for the program shall include spousal rights; (2) Provide to each participant, one year in advance of the participant's normal retirement age, a disclosure explaining (A) the rights and features of the lifetime income investment; (B) that once the participant reaches normal retirement age, fifty per cent of the participant's account will be invested in the lifetime income investment; and (C) that the participant may elect to invest a higher percentage of his or her account balance in the lifetime income option; (3) On the date a participant reaches his or her normal retirement age, invest fifty per cent of the participant's account balance, or such higher amount as specified by the participant, in the lifetime income investment; (4) Permit each participant to elect a date not earlier than his or her normal retirement age on which to begin receiving distributions, provided, in the absence of an election, such distributions shall commence not later than ninety days after the participant reaches his or her normal retirement age; and (5) [Establish procedures] Adopt regulations, in accordance with the provisions of chapter 54 whereby each participant may elect to invest a higher percentage of his or her account balance in the lifetime income investment. (c) The [board] Comptroller shall inform participants about their rights to withdraw funds from the program in accordance with the provisions of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended
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from time to time. For participants who elect to withdraw their assets prior to their normal retirement age, the [authority] Comptroller shall notify such participants of the potential for tax penalties associated with such withdrawal and the effect of such withdrawal on such participant's expected retirement income. Sec. 105. Section 31-425 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) The Attorney General may investigate any violation of section 31- 421. If the Attorney General finds that any member of the Connecticut Retirement Security [Authority board of directors] Advisory Board, or any agent engaged or appointed by the [board or the authority] Comptroller or the board has violated or is violating any provision of said section, the Attorney General may bring a civil action in the superior court for the judicial district of Hartford under this section in the name of the state against such member or agent. The remedies available to a court in any such action shall be limited to injunctive relief. Nothing in this section shall be construed to create a private right of action. (b) If a qualified employer fails to remit contributions to the program in the time period specified in subsection (e) of section 31-422, such failure to remit such contributions shall be a violation of section 31-71e. (c) If a qualified employer fails to enroll a covered employee as required under subsection (a) of section 31-422, such covered employee, [or] the Labor Commissioner or the Comptroller, may bring a civil action to require the qualified employer to enroll the covered employee and shall recover such costs and reasonable attorney's fees as may be allowed by the court. Sec. 106. Section 31-426 of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July
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1, 2022): (a) The [Connecticut Retirement Security Authority] Comptroller shall keep an accurate account of all its activities, receipts and expenditures of the Connecticut Retirement Security Program and shall submit, in accordance with the provisions of section 11-4a, a report detailing such activities, receipts and expenditures to the Connecticut Retirement Security [Authority board of directors] Advisory Board, the Governor, the Office of Auditors of Public Accounts and the joint standing committees of the General Assembly having cognizance of matters relating to labor and finance, revenue and bonding on or before December thirty-first annually. Such report shall be in a form prescribed by the board and shall include projected activities of the [authority] Comptroller for the next fiscal year. (b) The Auditors of Public Accounts may conduct a full audit of the books and accounts of the [authority] program pertaining to such activities, receipts and expenditures, personnel, services or facilities, in accordance with the provisions of [chapter 12 and] section 2-90. For the purposes of such audit, the Auditors of Public Accounts shall have access to the properties and records of the [authority] program. [(c) The authority shall enter into memoranda of understanding with the State Comptroller pursuant to which the authority shall provide, in such form and manner as prescribed by the State Comptroller, information that may include, but need not be limited to, the current revenues and expenses of the authority, the sources or recipients of such revenues or expenses, the date such revenues or expenses were received or dispersed and the amount and the category of such revenues or expenses. The State Comptroller shall also enter into such memoranda of understanding.] Sec. 107. Section 31-427 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022):
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(a) The [Connecticut Retirement Security Authority board of directors] Comptroller shall: (1) Establish and maintain a secure Internet web site to (A) provide qualified employers with information regarding employer-sponsored retirement plans and payroll deduction individual retirement accounts, and (B) assist qualified employers in identifying vendors of retirement arrangements that may be implemented by the qualified employers in lieu of participation in the program; (2) Include the Internet web site address on any posting to the Internet web site or in other materials offered to the public regarding the program; (3) Prior to implementing the Internet web site, and at least annually thereafter, provide notice to vendors (A) that such Internet web site is active, (B) that such vendors may register for inclusion on the Internet web site, and (C) regarding the process for inclusion on the Internet web site; and (4) Establish an appeals process for vendors that are denied registration or removed from the Internet web site pursuant to subsection (d) of this section. (b) Each vendor that registers to be listed on the Internet web site shall provide: (1) A statement of such vendor's experience providing employer-sponsored retirement plans and payroll deduction individual retirement accounts in this state and in other states, if applicable, (2) a description of the types of retirement investment products offered by such vendor, and (3) a disclosure of all expenses paid directly or indirectly by retirement plan participants, including, but not limited to, penalties for early withdrawals, declining or fixed withdrawal charges, surrender or deposit charges, management fees and annual fees. (c) The cost of establishing and maintaining the registration system
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and the Internet web site shall be borne solely and equally by registered vendors, based upon the total number of registered vendors. (d) The [board] Comptroller may remove a vendor from the Internet web site if the vendor: (1) Submits materially inaccurate information to the [board] Comptroller, (2) does not remit assessed fees within sixty days from the date of assessment, or (3) fails to submit to the [board] Comptroller notice of any material change to the vendor's registered investment products. Any vendor found to have submitted materially inaccurate information to the [board] Comptroller shall be allowed sixty calendar days to correct the information. Sec. 108. Section 31-428 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): The [Connecticut Retirement Security Authority board of directors] Comptroller shall establish and maintain a secure Internet web site to provide Connecticut Retirement Security [Exchange] Program participants with information regarding the various investment options offered through the program, including the historical investment performance of such options. Sec. 109. Section 31-429 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) No member of the Connecticut Retirement Security [Authority board of directors] Advisory Board, except the State Comptroller or State Treasurer, or any executive director, assistant executive director or authorized officer appointed by said board or the principal of an entity with a contract with the [authority] Comptroller to administer the Connecticut Retirement Security Program, shall make a contribution to, or knowingly solicit contributions from the [board's or the executive director's or assistant executive director's employees] board on behalf of (1) an exploratory committee or candidate committee established by a
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candidate for nomination or election to the office of Governor, Lieutenant Governor, Attorney General, State Comptroller, Secretary of the State or State Treasurer, (2) a political committee authorized to make contributions or expenditures to or for the benefit of such candidates, or (3) a party committee. (b) No member of the Connecticut Retirement Security [Authority board of directors] Advisory Board, except the State Comptroller or State Treasurer, [or any executive director, assistant executive director or authorized officer appointed by said board] or the principal of any entity with a contract with the [authority] Comptroller to administer the program shall make a contribution to, or knowingly solicit contributions from the [board's or the executive director's or assistant executive director's employees] board on behalf of (1) an exploratory committee or candidate committee established by a candidate for nomination or election to the office of state senator or state representative, (2) a political committee authorized to make contributions or expenditures to or for the benefit of such candidates, or (3) a party committee. (c) The provisions of this section, [subdivision (12) of section 1-79, subdivision (1) of section 1-120, sections 1-124, 1-125,] and sections 31- 71e, 31-71j and 31-416 to 31-427, inclusive, [and section 12 of public act 16-29,] shall be severable, and, if any of their provisions are held to be unconstitutional or invalid, the validity of the remaining provisions of said sections will not be affected. Sec. 110. Subdivision (12) of section 1-79 of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (12) "Quasi-public agency" means Connecticut Innovations, Incorporated, the Connecticut Health and Education Facilities Authority, the Connecticut Higher Education Supplemental Loan Authority, the Connecticut Student Loan Foundation, the Connecticut
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Housing Finance Authority, the State Housing Authority, the Materials Innovation and Recycling Authority, the Capital Region Development Authority, the Connecticut Lottery Corporation, the Connecticut Airport Authority, the Connecticut Health Insurance Exchange, the Connecticut Green Bank, [the Connecticut Retirement Security Authority,] the Connecticut Port Authority, the Connecticut Municipal Redevelopment Authority, the State Education Resource Center and the Paid Family and Medical Leave Insurance Authority. Sec. 111. Subdivision (1) of section 1-120 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (1) "Quasi-public agency" means Connecticut Innovations, Incorporated, the Connecticut Health and Educational Facilities Authority, the Connecticut Higher Education Supplemental Loan Authority, the Connecticut Student Loan Foundation, the Connecticut Housing Finance Authority, the Connecticut Housing Authority, the Materials Innovation and Recycling Authority, the Capital Region Development Authority, the Connecticut Lottery Corporation, the Connecticut Airport Authority, the Connecticut Health Insurance Exchange, the Connecticut Green Bank, [the Connecticut Retirement Security Authority,] the Connecticut Port Authority, the Connecticut Municipal Redevelopment Authority, the State Education Resource Center and the Paid Family and Medical Leave Insurance Authority. Sec. 112. Section 1-124 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) Connecticut Innovations, Incorporated, the Connecticut Health and Educational Facilities Authority, the Connecticut Higher Education Supplemental Loan Authority, the Connecticut Student Loan Foundation, the Connecticut Housing Finance Authority, the Connecticut Housing Authority, the Materials Innovation and
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Recycling Authority, the Connecticut Airport Authority, the Capital Region Development Authority, the Connecticut Health Insurance Exchange, the Connecticut Green Bank, [the Connecticut Retirement Security Authority,] the Connecticut Port Authority, the Connecticut Municipal Redevelopment Authority and the State Education Resource Center shall not borrow any money or issue any bonds or notes which are guaranteed by the state of Connecticut or for which there is a capital reserve fund of any kind which is in any way contributed to or guaranteed by the state of Connecticut until and unless such borrowing or issuance is approved by the State Treasurer or the Deputy State Treasurer appointed pursuant to section 3-12. The approval of the State Treasurer or said deputy shall be based on documentation provided by the authority that it has sufficient revenues to (1) pay the principal of and interest on the bonds and notes issued, (2) establish, increase and maintain any reserves deemed by the authority to be advisable to secure the payment of the principal of and interest on such bonds and notes, (3) pay the cost of maintaining, servicing and properly insuring the purpose for which the proceeds of the bonds and notes have been issued, if applicable, and (4) pay such other costs as may be required. (b) To the extent Connecticut Innovations, Incorporated, the Connecticut Higher Education Supplemental Loan Authority, the Connecticut Student Loan Foundation, the Connecticut Housing Finance Authority, the Connecticut Housing Authority, the Materials Innovation and Recycling Authority, the Connecticut Health and Educational Facilities Authority, the Connecticut Airport Authority, the Capital Region Development Authority, the Connecticut Health Insurance Exchange, the Connecticut Green Bank, [the Connecticut Retirement Security Authority,] the Connecticut Port Authority, the Connecticut Municipal Redevelopment Authority or the State Education Resource Center is permitted by statute and determines to exercise any power to moderate interest rate fluctuations or enter into any investment or program of investment or contract respecting interest
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rates, currency, cash flow or other similar agreement, including, but not limited to, interest rate or currency swap agreements, the effect of which is to subject a capital reserve fund which is in any way contributed to or guaranteed by the state of Connecticut, to potential liability, such determination shall not be effective until and unless the State Treasurer or his or her deputy appointed pursuant to section 3-12 has approved such agreement or agreements. The approval of the State Treasurer or his or her deputy shall be based on documentation provided by the authority that it has sufficient revenues to meet the financial obligations associated with the agreement or agreements. Sec. 113. Section 1-125 of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): The directors, officers and employees of Connecticut Innovations, Incorporated, the Connecticut Higher Education Supplemental Loan Authority, the Connecticut Student Loan Foundation, the Connecticut Housing Finance Authority, the Connecticut Housing Authority, the Materials Innovation and Recycling Authority, including ad hoc members of the Materials Innovation and Recycling Authority, the Connecticut Health and Educational Facilities Authority, the Capital Region Development Authority, the Connecticut Airport Authority, the Connecticut Lottery Corporation, the Connecticut Health Insurance Exchange, the Connecticut Green Bank, [the Connecticut Retirement Security Authority,] the Connecticut Port Authority, the Connecticut Municipal Redevelopment Authority, the State Education Resource Center, the Paid Family and Medical Leave Insurance Authority and the Connecticut Pilot Commission and any person executing the bonds or notes of the agency shall not be liable personally on such bonds or notes or be subject to any personal liability or accountability by reason of the issuance thereof, nor shall any director or employee of the agency, including ad hoc members of the Materials Innovation and Recycling
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Authority, be personally liable for damage or injury, not wanton, reckless, wilful or malicious, caused in the performance of his or her duties and within the scope of his or her employment or appointment as such director, officer or employee, including ad hoc members of the Materials Innovation and Recycling Authority. The agency shall protect, save harmless and indemnify its directors, officers or employees, including ad hoc members of the Materials Innovation and Recycling Authority, from financial loss and expense, including legal fees and costs, if any, arising out of any claim, demand, suit or judgment by reason of alleged negligence or alleged deprivation of any person's civil rights or any other act or omission resulting in damage or injury, if the director, officer or employee, including ad hoc members of the Materials Innovation and Recycling Authority, is found to have been acting in the discharge of his or her duties or within the scope of his or her employment and such act or omission is found not to have been wanton, reckless, wilful or malicious. Sec. 114. Section 31-71j of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) As used in this section: (1) "Automatic enrollment" means a plan provision in an employee retirement plan described in Section 401(k) or 403(b) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, or a governmental deferred compensation plan described in Section 457 of said Internal Revenue Code, or a payroll deduction Individual Retirement Account plan described in Section 408 or 408A of said Internal Revenue Code, or the Connecticut Retirement Security [Exchange] Program established pursuant to section 31-418, under which an employee is treated as having elected to have the employer make a specified contribution to the plan equal to a percentage of compensation specified in the plan until such employee affirmatively elects to not have such contribution made or elects to make
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a contribution in another amount; and (2) "automatic contribution arrangement" means an arrangement under an automatic enrollment plan under which, in the absence of an investment election by the participating employee, contributions made under such plan are invested in accordance with regulations prescribed by the United States Secretary of Labor under Section 404(c)(5) of the Employee Retirement Income Security Act of 1974, as amended from time to time. (b) Any employer who provides automatic enrollment shall be relieved of liability for the investment decisions made by the employer or the [Connecticut Retirement Security Authority] Comptroller pursuant to section 31-423 on behalf of any participating employee under an automatic contribution arrangement, provided: (1) The plan allows the participating employee at least quarterly opportunities to select investments for the employee's contributions between investment alternatives available under the plan; (2) The employee is given notice of the investment decisions that will be made in the absence of the employee's direction, a description of all the investment alternatives available under the plan and a brief description of procedures available for the employee to change investments; and (3) The employee is given at least annual notice of the actual investments made on behalf of the employee under such automatic contribution arrangement. (c) Nothing in this section shall modify any existing responsibility of employers or other plan officials for the selection of investment funds for participating employees. (d) The relief from liability of the employer under this section shall extend to any other plan official who actually makes the investment decisions on behalf of participating employees under an automatic
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contribution arrangement. Sec. 115. Section 3-112 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) The Comptroller shall: (1) Establish and maintain the accounts of the state government and perform such other duties as are prescribed by the Constitution of the state; (2) register all warrants or orders for the disbursement of the public money; (3) adjust and settle all demands against the state not first adjusted and settled by the General Assembly and give orders on the Treasurer for the balance found and allowed; (4) prescribe the mode of keeping and rendering all public accounts of departments or agencies of the state and of institutions supported by the state or receiving state aid by appropriation from the General Assembly; (5) prepare and issue effective accounting and payroll manuals for use by the various agencies of the state; [and] (6) from time to time, examine and state the amount of all debts and credits of the state; present all claims in favor of the state against any bankrupt, insolvent debtor or deceased person; and institute and maintain suits, in the name of the state, against all persons who have received money or property belonging to the state and have not accounted for it; and (7) administer the Connecticut Retirement Security Program, established pursuant to section 31-418. (b) All moneys recovered, procured or received for the state by the authority of the Comptroller shall be paid to the Treasurer, who shall file a duplicate receipt therefor with the Comptroller. The Comptroller may require reports from any department, agency or institution as aforesaid upon any matter of property or finance at any time and under such regulations as the Comptroller prescribes and shall require special reports upon request of the Governor, and the information contained in such special reports shall be transmitted by him to the Governor. All records, books and papers in any public office shall at all reasonable times be open to inspection by the Comptroller. The Comptroller may
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draw his order on the Treasurer for a petty cash fund for any budgeted agency. Expenditures from such petty cash funds shall be subject to such procedures as the Comptroller establishes. In accordance with established procedures, the Comptroller may enter into such contractual agreements as may be necessary for the discharge of his duties. As used in this section, "adjust" means to determine the amount equitably due in respect to each item of each claim or demand. Sec. 116. Section 31-71e of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): No employer may withhold or divert any portion of an employee's wages unless (1) the employer is required or empowered to do so by state or federal law, or (2) the employer has written authorization from the employee for deductions on a form approved by the commissioner, or (3) the deductions are authorized by the employee, in writing, for medical, surgical or hospital care or service, without financial benefit to the employer and recorded in the employer's wage record book, or (4) the deductions are for contributions attributable to automatic enrollment, as defined in section 31-71j, in a retirement plan described in Section 401(k), 403(b), 408, 408A or 457 of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, established by the employer, or in the Connecticut Retirement Security [Exchange] Program established pursuant to section 31-418, or (5) the employer is required under the law of another state to withhold income tax of such other state with respect to (A) employees performing services of the employer in such other state, or (B) employees residing in such other state. Sec. 117. (NEW) (Effective July 1, 2022) The Adjutant General may issue a military funeral honors ribbon to any member of the National Guard or organized militia or other military personnel who satisfactorily performs as a member of an honor guard detail pursuant
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to section 27-76 of the general statutes. Sec. 118. Section 27-76 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2022): When requested by the commander of any accredited veteran organization or by friends or relatives of any deceased person who has served in any of the armed forces of the United States during time of war, as defined in section 27-103, or who has served in the National Guard for more than twenty years or who has died while a member of the National Guard, the Adjutant General shall order an honor guard detail from the National Guard, the naval militia, the State Guard or the organized militia to attend the funeral, except that if an honor guard detail from such guard or militia is unavailable or committed elsewhere, the Adjutant General shall request an honor guard detail from a bona fide Connecticut state veterans' organization, provided such detail shall comply with the rules and procedures set forth in Connecticut National Guard regulation 37-106. Such detail shall consist of not more than five members plus one bugler. The members thereof shall be compensated at the rate of [fifty] sixty dollars per day. Such compensation shall be paid from funds appropriated to the Adjutant General for the pay of the National Guard and from federal funds received for that purpose. Sec. 119. Section 10a-174 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) As used in this section: (1) "Award" means the greater of: (A) The unpaid portion, if any, of a qualifying student's eligible institutional costs after subtracting his or her financial aid, or (B) a minimum award of two hundred fifty dollars for a full-time student or one hundred fifty dollars for a part-time student; (2) "Eligible institutional costs" means the tuition and required fees
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incurred each semester by an individual student that are established by the Board of Regents for Higher Education for the regional community- technical colleges; (3) "Financial aid" means the sum of all scholarships, grants and federal, state and institutional aid received by a qualifying student. "Financial aid" does not include any federal, state or private student loans received by a qualifying student; (4) "Qualifying student" means any person who (A) graduated from a public or nonpublic high school in the state, (B) enrolls as a full-time or part-time student for the fall semester of 2020, or any semester thereafter, for the first time at a regional community-technical college in a program leading to a degree or certificate and continues to be enrolled as a full-time or part-time student at a regional community-technical college, (C) is classified as an in-state student pursuant to section 10a- 29, (D) is making satisfactory academic progress while enrolled at a regional community-technical college, (E) has completed the Free Application for Federal Student Aid, and (F) has accepted all available financial aid; (5) "Full-time student" means a student who is enrolled at a regional community-technical college and (A) is carrying twelve or more credit hours in a semester, or (B) has a learning disability documented with the regional community-technical college in which he or she is enrolled and is enrolled in the maximum number of credit hours that is feasible for such student to attempt in a semester, as determined by such student's academic advisor; [and] (6) "Semester" means the fall or spring semester of an academic year. "Semester" does not include a summer semester or session; [.] and (7) "Part-time student" means a student who is enrolled at a regional community-technical college and is carrying not less than six but fewer
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than twelve credit hours in a semester. (b) Not later than January 1, 2020, the Board of Regents for Higher Education shall (1) establish a debt-free community college program to make awards to qualifying students each semester, (2) adopt rules, procedures and forms necessary to implement the debt-free community college program, and (3) submit a report outlining such rules, procedures and forms, in accordance with the provisions of section 11- 4a, to the joint standing committee of the General Assembly having cognizance of matters relating to higher education. (c) For the fall semester of 2020, and each semester thereafter, the Board of Regents for Higher Education shall make awards to qualifying students within available appropriations. An award shall be available to a qualifying student for the first seventy-two credit hours earned by the qualifying student during the first [thirty-six] forty-eight months that such student is enrolled at a regional community-technical college, provided the qualifying student meets and continues to meet the requirements of this section. The board shall not use an award to supplant any financial aid, including, but not limited to, state or institutional aid, otherwise available to a qualifying student. (d) (1) Any qualifying student who takes an administratively approved medical or personal leave of absence from a regional community-technical college may continue to qualify for the debt-free community college program upon resuming his or her enrollment as a [full-time] student at a regional community-technical college, provided such student (A) continues to meet the requirements of this section upon reenrollment, and (B) the total amount of time of all approved leaves of absence does not exceed six months. (2) Any qualifying student who is a member of the armed forces called to active duty during any semester may continue to qualify for the debt-free community college program upon resuming his or her
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enrollment as a [full-time] student at a regional community-technical college, provided such student (A) continues to meet the requirements of this section upon reenrollment, and (B) reenrolls not later than four years after the date on which such student is released from active duty. (e) Not later than March 1, 2021, and October 1, 2021, and each semester thereafter, the Board of Regents for Higher Education shall report, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to higher education and employment advancement and appropriations and the budgets of the state agencies regarding the debt- free community college program, including, but not limited to, (1) the number of qualifying students enrolled at the regional community- technical colleges during each semester, (2) the number of qualifying students receiving minimum awards and the number of qualifying students receiving awards for the unpaid portion of eligible institutional costs, (3) the average number of credit hours the qualifying students enrolled in each semester and the average number of credit hours the qualifying students completed each semester, (4) the average amount of the award made to qualifying students under this section for the unpaid portion of eligible institutional costs, and (5) the completion rates of qualifying students receiving awards under this section by degree or certificate program. Sec. 120. Subsection (f) of section 4-89 of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (f) The provisions of this section shall not apply to appropriations to (1) the Office of Higher Education for (A) student financial assistance for the Roberta B. Willis Scholarship program established under section 10a-173, or (B) the minority advancement program established under subsection (b) of section 10a-11, (2) the Board of Regents for Higher Education for (A) Connecticut higher education centers of excellence
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established under section 10a-25h, or (B) the debt-free community college program established pursuant to section 10a-174, (3) the operating funds of the constituent units of the state system of higher education established pursuant to sections 10a-105, 10a-99 and 10a-77, or (4) the Connecticut Open Educational Resource Coordinating Council established under section 10a-44d. Such appropriations shall not lapse until the end of the fiscal year succeeding the fiscal year of the appropriation except that centers of excellence appropriations deposited by the Board of Regents for Higher Education in the Endowed Chair Investment Fund, established under section 10a-20a, shall not lapse but shall be held permanently in the Endowed Chair Investment Fund and any moneys remaining in higher education operating funds of the constituent units of the state system of higher education shall not lapse but shall be held permanently in such funds. On or before September first, annually, the Office of Higher Education and Board of Regents for Higher Education shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies, through the Office of Fiscal Analysis, concerning the amount of each such appropriation carried over from the preceding fiscal year. Sec. 121. (NEW) (Effective July 1, 2022) (a) For the purposes of this section: (1) "Small business" means a business located in the state with twenty-five employees or less; (2) "Cybersecurity" means the detection, prevention or response to activity intended to result in unauthorized access to, exfiltration of, manipulation of, or impairment to the integrity, confidentiality or availability of an information technology system or information stored on, or transiting, an information technology system; and (3) "Virtual currency" has the same meaning as provided in section
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36a-596 of the general statutes. (b) Not later than September 1, 2022, the Board of Regents for Higher Education shall, within available funds, develop seminar programs to assist small businesses with adapting to the business environment in the aftermath of the COVID-19 pandemic, as defined in section 4-216a of the general statutes, through courses in subject areas, including, but not limited to, electronic commerce, social media, cybersecurity and virtual currency. Said board shall prescribe forms and procedures by which not more than two employees of any small business may enroll in not more than five seminar programs or any course within such seminar programs at the Northwestern Connecticut Community College Entrepreneurial Center or the Werth Innovation and Entrepreneurial Center at Housatonic Community College at no cost to such small business. Sec. 122. (NEW) (Effective from passage) Not later than July 1, 2022, the Commissioner of Administrative Services shall post on the Internet web site of the Department of Administrative Services where executive branch employment opportunities are posted, in a prominent location, individual links to the Internet web sites containing the employment opportunities of the judicial branch, legislative branch and the constituent units of the state system of higher education, as defined in section 10a-1 of the general statutes. If the links to such web sites are updated subsequent to such posting, the applicable branch agency or unit shall notify the Department of Administrative Services of the updated link and said department shall update the link posted on its web site. Sec. 123. Section 4-68bb of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): (a) For purposes of this section, "Project Longevity Initiative" means
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a comprehensive community-based initiative that is designed to reduce gun violence in the state's cities and "secretary" means the Secretary of the Office of Policy and Management. (b) (1) [Pursuant] Until June 30, 2022, pursuant to the provisions of section 4-66a, the secretary shall [(1)] (A) provide planning and management assistance to municipal officials in the city of New Haven in order to ensure the continued implementation of the Project Longevity Initiative in said city and the secretary may utilize state and federal funds as may be appropriated for such purpose; and [(2)] (B) do all things necessary to apply for and accept federal funds allotted to or available to the state under any federal act or program which support the continued implementation of the Project Longevity Initiative in the city of New Haven. (2) On and after July 1, 2022, the Chief Court Administrator shall (A) provide planning and management assistance to municipal officials in the city of New Haven in order to ensure the continued implementation of the Project Longevity Initiative in said city and the Chief Court Administrator may utilize state and federal funds as may be appropriated for such purpose; and (B) do all things necessary to apply for and accept federal funds allotted to or available to the state under any federal act or program which support the continued implementation of the Project Longevity Initiative in the city of New Haven. (c) (1) [The] Until June 30, 2022, the secretary, or the secretary's designee, in consultation with the United States Attorney for the district of Connecticut, the Chief State's Attorney, the Commissioner of Correction, the executive director of the Court Support Services Division of the Judicial Branch, the mayors of the cities of Hartford, Bridgeport and Waterbury, and clergy members, nonprofit service providers and community leaders from the cities of Hartford, Bridgeport and Waterbury, shall implement the Project Longevity
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Initiative in the cities of Hartford, Bridgeport and Waterbury. (2) On and after July 1, 2022, the Chief Court Administrator, or the Chief Court Administrator's designee, in consultation with the United States Attorney for the district of Connecticut, the Chief State's Attorney, the Commissioner of Correction, the executive director of the Court Support Services Division of the Judicial Branch, the mayors of the cities of Hartford, Bridgeport and Waterbury and clergy members, nonprofit service providers and community leaders from the cities of Hartford, Bridgeport and Waterbury, shall implement the Project Longevity Initiative in the cities of Hartford, Bridgeport and Waterbury. (d) (1) [Pursuant] Until June 30, 2022, pursuant to the provisions of section 4-66a, the secretary shall [(1)] (A) provide planning and management assistance to municipal officials in the cities of Hartford, Bridgeport and Waterbury in order to ensure implementation of the Project Longevity Initiative in said cities and the secretary may utilize state and federal funds as may be appropriated for such purpose; and [(2)] (B) do all things necessary to apply for and accept federal funds allotted to or available to the state under any federal act or program which will support implementation of the Project Longevity Initiative in the cities of Hartford, Bridgeport and Waterbury. (2) On and after July 1, 2022, the Chief Court Administrator shall (A) provide planning and management assistance to municipal officials in the cities of Hartford, Bridgeport and Waterbury in order to ensure implementation of the Project Longevity Initiative in said cities and the Chief Court Administrator may utilize state and federal funds as may be appropriated for such purpose; and (B) do all things necessary to apply for and accept federal funds allotted to or available to the state under any federal act or program which will support implementation of the Project Longevity Initiative in the cities of Hartford, Bridgeport and Waterbury.
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(e) (1) [The] Until June 30, 2022, the Secretary of the Office of Policy and Management may accept and receive on behalf of the office, subject to the provisions of section 4b-22, any bequest, devise or grant made to the Office of Policy and Management to further the objectives of the Project Longevity Initiative and may hold and use such property for the purpose specified, if any, in such bequest, devise or gift. (2) On and after July 1, 2022, the Chief Court Administrator may accept and receive on behalf of the Judicial Branch, any bequest, devise or grant made to the Judicial Branch to further the objectives of the Project Longevity Initiative and may hold and use such property for the purpose specified, if any, in such bequest, devise or gift. (f) (1) [The] Until June 30, 2022, the secretary, in consultation with the federal and state officials described in subsection (c) of this section, shall create a plan for implementation of the Project Longevity Initiative on a state-wide basis. Such plan shall, at a minimum, consider how to provide clients served by the Project Longevity Initiative with access to courses of instruction and apprentice programs provided by, but not limited to, a college, a university, a community college or the Technical Education and Career System. Not later than February 1, 2022, the secretary shall submit such plan to the joint standing committee of the General Assembly having cognizance of matters relating to public safety and security in accordance with the provisions of section 11-4a. (2) In the event that the secretary failed to submit the plan required under subdivision (1) of this subsection, on and after July 1, 2022, the Chief Court Administrator in consultation with the federal and state officials described in subsection (c) of this section, shall create a plan for implementation of the Project Longevity Initiative on a state-wide basis. Such plan shall, at a minimum, consider how to provide clients served by the Project Longevity Initiative with access to courses of instruction and apprentice programs provided by, but not limited to, a college, a university, a community college or the Technical Education and Career
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System. Not later than January 1, 2023, the Chief Court Administrator shall submit such plan to the joint standing committees of the General Assembly having cognizance of matters relating to public safety and security and the judiciary in accordance with the provisions of section 11-4a. (g) On and after July 1, 2022, in accordance with the provisions of section 4-38d, all powers and duties of the Secretary of the Office of Policy and Management under the provisions of this section, shall be transferred to the Chief Court Administrator. Sec. 124. (Effective from passage) (a) There is established a task force to study and make recommendations concerning certificates of need. The task force shall study and make recommendations concerning the following matters: (1) The institution of a price increase cap that is tied to the cost growth benchmark for consolidations; (2) guaranteed local representation of communities on hospital boards; (3) changes to the Office of Health Strategy's long-term, state-wide health plan to include an analysis of services and facilities and the impact of such services and facilities on equity and underserved populations; (4) setting standards for measuring quality as a result of a consolidation; (5) enacting higher penalties for noncompliance and increasing the staff needed for enforcement; (6) the Attorney General's authority to stop activities as the result of a certificate of need application or complaint; (7) the ability of representatives of the workforce and the community to intervene or appeal decisions; (8) giving the Office of Health Strategy the authority to require an ongoing investment to address community needs; (9) capturing lost property taxes from hospitals that have converted to nonprofit entities; and (10) the timeliness of decisions or approvals relating to the certificate of need process and relief available through such process. (b) The task force shall consist of the following members:
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(1) The chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to insurance or their designees; (2) Two appointed by the speaker of the House of Representatives, one of whom is a health care provider and one of whom represents a Hartford-based hospital; (3) Two appointed by the president pro tempore of the Senate, one of whom has expertise in community-based health care and one of whom represents a Connecticut-based medical school; (4) One appointed by the majority leader of the House of Representatives who represents consumers; (5) One appointed by the majority leader of the Senate who represents labor; (6) One appointed by the minority leader of the House of Representatives who represents a rural hospital; (7) One appointed by the minority leader of the Senate who represents an independent hospital; (8) Two appointed by the Governor, one of whom is an advocate for health care quality or patient safety and one of whom is an advocate for health care access and equity; (9) The executive director of the Office of Health Strategy, or the executive director's designee, who shall be a nonvoting, ex-officio member; and (10) The Attorney General, or the Attorney General's designee, who shall be a nonvoting, ex-officio member. (c) Any member of the task force appointed under subdivision (1),
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(2), (3), (4), (5), (6) or (7) of subsection (b) of this section may be a member of the General Assembly. (d) All initial appointments to the task force shall be made not later than thirty days after the effective date of this section. Any vacancy shall be filled by the appointing authority. (e) The chairpersons of the joint standing committee of the General Assembly having cognizance of matters relating to insurance shall be the chairpersons of the task force. Such chairpersons shall schedule the first meeting of the task force, which shall be held not later than sixty days after the effective date of this section. (f) The administrative staff of the joint standing committee of the General Assembly having cognizance of matters relating to insurance shall serve as administrative staff of the task force. (g) Not later than January 15, 2023, the task force shall submit a report on its findings and recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to insurance, in accordance with the provisions of section 11-4a of the general statutes. The task force shall terminate on the date that it submits such report or January 15, 2023, whichever is later. Sec. 125. (Reserved) Sec. 126. (Reserved) Sec. 127. Section 5-156a of the 2022 supplement to the general statutes is amended by adding subsection (h) as follows (Effective July 1, 2022): (NEW) (h) Any recovery of pension costs from an appropriated or nonappropriated source other than the General Fund or Special Transportation Fund that causes the payments to the State Employees Retirement System to exceed the actuarially determined employer
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contribution for any fiscal year shall be deposited into the State Employees Retirement Fund as an additional employer contribution at the end of such fiscal year. Sec. 128. (NEW) (Effective October 1, 2022) (a) As used in this section: (1) "State agency electric vehicle charging station" means an electric component assembly or cluster of component assemblies designed specifically to charge electric vehicles by permitting the transfer of electric energy to a battery or other storage device used in an electric vehicle that is owned and operated by a state agency on state property; (2) "State property" means real property owned by a state agency; (3) "State agency" means any state office, officer, department, division, bureau, board and commission, permanent or temporary in nature, whether in the legislative, executive or judicial branch, and the subdivisions of each, including the constituent units of the state system of higher education; (4) "State employee" means any employee in the executive, legislative or judicial branch of state government, whether in the classified or unclassified service and whether full or part-time; and (5) "Plug-in hybrid electric vehicle", "battery electric vehicle" and "electric vehicle" have the same meanings as provided in section 16- 19eee of the general statutes. (b) Each state agency may designate certain state agency electric vehicle charging stations as available for public use, for the sole use of state employees, or for a combination of both state employees and the public. In designating such charging stations, state agencies shall give consideration to state-owned properties that receive visitors conducting business with state agencies, including, but not limited to, service centers, maintenance facilities, correctional facilities, visitor centers,
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health care facilities and recreational facilities. (c) No person shall park a vehicle in a parking space equipped with a state agency electric vehicle charging station unless such person is charging a plug-in hybrid electric vehicle or battery electric vehicle. (d) Each state agency may determine the appropriate maximum charging time limits per user per charging session for its state agency electric vehicle charging stations based upon the parking needs at the state property where such charging stations are installed. Any such time limits shall be posted at such charging stations. No person shall charge a plug-in hybrid electric vehicle or battery electric vehicle in a space equipped with a state agency electric vehicle charging station for a period longer than the maximum time limit set by a state agency pursuant to this subsection. (e) State agencies shall assess and collect a fee established under subsection (f) of this section to both public and state employee users of state agency electric vehicle charging stations purchased and installed on or after October 1, 2022, except that any user charging an electric vehicle that is owned or leased by the state shall be exempt from paying such fee. The amount of any fees assessed pursuant to this section shall be posted at the charging station. Any fees collected under this section shall be deposited into the fund of the state from which funds were provided for the acquisition and installation of the charging station. (f) The Department of Administrative Services, the Joint Committee on Legislative Management and the Office of the Chief Court Administrator shall, in consultation with the Department of Energy and Environmental Protection, establish a reasonable fee for users of state agency electric vehicle charging stations for their respective branch of government at a level that recovers, to the maximum extent practicable, the costs associated with the electricity used by the charging stations and with operating and maintaining such charging stations. Such fees
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shall be structured on a per-kilowatt-hour basis. The fees shall be updated on an annual basis or sooner if deemed necessary by the branch of government setting the fee. The Department of Administrative Services shall post any fees established for the executive branch of government pursuant to this subsection on its Internet web site. (g) A violation of any provision of subsection (c) or (d) of this section shall be an infraction, provided the provisions of this subsection shall not apply to an emergency vehicle, as defined in section 14-283 of the general statutes. Sec. 129. Section 21a-420f of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): (a) (1) There is established an account to be known as the "cannabis regulatory and investment account" which shall be a separate, nonlapsing account within the General Fund. The account shall contain any moneys required by law to be deposited in the account. Moneys in the account shall be allocated by the Secretary of the Office of Policy and Management, in consultation with the Social Equity Council, as defined in section 21a-420, to state agencies for the purpose of paying costs incurred to implement the activities authorized under RERACA, as defined in section 21a-420. (2) Notwithstanding the provisions of section 21a-420e, for the fiscal year ending June 30, 2022, the following shall be deposited in the cannabis regulatory and investment account: (A) All fees received by the state pursuant to section 21a-421b and subdivisions (1) to (11), inclusive, of subsection (c) of section 21a-420e; (B) the tax received by the state under section 12-330ll; and (C) the tax received by the state under chapter 219 from a cannabis retailer, hybrid retailer or micro- cultivator, as those terms are defined in section 12-330ll.
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(b) (1) There is established an account to be known as the "social equity and innovation account" which shall be a separate, nonlapsing account within the General Fund. The account shall contain any moneys required by law to be deposited in the account. Moneys in the account shall be allocated by the Secretary of the Office of Policy and Management, in consultation with the Social Equity Council, to state agencies for the purpose of (A) paying costs incurred by the Social Equity Council, [as defined in section 21a-420, and] (B) administering programs under RERACA to provide (i) access to capital for businesses, (ii) technical assistance for the start-up and operation of a business, (iii) funding for workforce education, and (iv) funding for community investments, and (C) paying costs incurred to implement the activities authorized under RERACA. (2) Notwithstanding the provisions of sections 21a-420e and 21a- 420o, for the fiscal year ending June 30, 2022, the following shall be deposited in the social equity and innovation account: All fees received by the state pursuant to sections 21a-420l, 21a-420o and 21a-420u and subdivisions (12) and (13) of subsection (c) of section 21a-420e. (c) (1) On and after July 1, 2022, there is established a fund to be known as the "Social Equity and Innovation Fund" which shall be a separate, nonlapsing fund. The fund shall contain any moneys required by law to be deposited in the fund and shall be held by the Treasurer separate and apart from all other moneys, funds and accounts. Moneys in the fund shall be appropriated for the purposes of providing the following: Access to capital for businesses; technical assistance for the start-up and operation of a business; funding for workforce education; [and] funding for community investments; and paying costs incurred to implement the activities authorized under RERACA. All such appropriations shall be dedicated to expenditures that further the principles of equity, as defined in section 21a-420. (2) (A) For the purposes of subdivision (1) of this subsection, for the
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fiscal year ending June 30, 2023, and for each fiscal year thereafter, the Social Equity Council shall transmit, for even-numbered years, estimates of expenditure requirements and for odd-numbered years, recommended adjustments and revisions, if any, of such estimates, to the Secretary of the Office of Policy and Management, in the manner prescribed for a budgeted agency under subsection (a) of section 4-77. The council shall recommend for each fiscal year commencing with the fiscal year ending June 30, 2023, appropriate funding for all credits payable to angel investors that invest in cannabis businesses pursuant to section 12-704d. (B) The Office of Policy and Management may not make adjustments to any such estimates or adjustments and revisions of such estimates transmitted by the council. Notwithstanding any provision of the general statutes or any special act, the Governor shall not reduce the allotment requisitions or allotments in force pursuant to section 4-85 or make reductions in allotments in order to achieve budget savings in the General Fund, concerning any appropriations made by the General Assembly for the purposes of subdivision (1) of this subsection. (d) On and after July 1, 2022, there is established a fund to be known as the "Prevention and Recovery Services Fund" which shall be a separate, nonlapsing fund. The fund shall contain any moneys required by law to be deposited in the fund and shall be held by the Treasurer separate and apart from all other moneys, funds and accounts. Moneys in the fund shall be appropriated for the purposes of (1) substance abuse prevention, treatment and recovery services, and (2) collection and analysis of data regarding substance use. The Social Equity Council may make recommendations to any relevant state agency regarding expenditures to be made for the purposes set forth in this subsection. Sec. 130. Subsection (b) of section 2-71p of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022):
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(b) (1) All purchases of, and contracts for, supplies, materials, equipment and contractual services required by the Legislative Department, except purchases made pursuant to subsection (c) of this section and public utility services as provided in subsection (e) of this section, and (2) all sales by said department of such personal property which has become obsolete, unserviceable or unusable, shall be based, when possible, on competitive bids or competitive negotiation, provided in the case of such sales, the Joint Committee on Legislative Management may, in its discretion, sell the property at public auction. The committee shall solicit competitive bids or proposals by sending notices to prospective suppliers and by posting notice on a public bulletin board in a building under the supervision and control of the Joint Committee on Legislative Management or on an Internet web site designated by the Joint Committee on Legislative Management. Each bid and proposal shall be kept sealed or secured until opened publicly at the time stated in the notice soliciting such bid. If the amount of the expenditure or sale is estimated to exceed fifty thousand dollars, competitive bids or proposals shall be solicited by public notice, [inserted at least once in not fewer than three daily newspapers published in the state, and at least] posted on the State Contracting Portal not less than five calendar days before the final date for submitting bids. All purchases or sales of ten thousand dollars or less in amount shall be made in the open market, but shall be based, when possible, on at least three competitive quotations. Sec. 131. Section 51-47 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) The judges of the Superior Court, judges of the Appellate Court and judges of the Supreme Court shall receive annually salaries as follows: [(1) On and after July 1, 2019, (A) the Chief Justice of the Supreme Court, two hundred six thousand six hundred seventeen dollars; (B) the
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Chief Court Administrator if a judge of the Supreme Court, Appellate Court or Superior Court, one hundred ninety-eight thousand five hundred forty-five dollars; (C) each associate judge of the Supreme Court, one hundred ninety-one thousand one hundred seventy-eight dollars; (D) the Chief Judge of the Appellate Court, one hundred eighty- nine thousand sixty-three dollars; (E) each judge of the Appellate Court, one hundred seventy-nine thousand five hundred fifty-two dollars; (F) the Deputy Chief Court Administrator if a judge of the Superior Court, one hundred seventy-six thousand two hundred seventy-seven dollars; (G) each judge of the Superior Court, one hundred seventy-two thousand six hundred sixty-three dollars.] [(2)] (1) On and after July 1, 2021, (A) the Chief Justice of the Supreme Court, two hundred fifteen thousand nine hundred fifteen dollars; (B) the Chief Court Administrator if a judge of the Supreme Court, Appellate Court or Superior Court, two hundred seven thousand four hundred eighty dollars; (C) each associate judge of the Supreme Court, one hundred ninety-nine thousand seven hundred eighty-one dollars; (D) the Chief Judge of the Appellate Court, one hundred ninety-seven thousand five hundred seventy-one dollars; (E) each judge of the Appellate Court, one hundred eighty-seven thousand six hundred sixty-three dollars; (F) the Deputy Chief Court Administrator if a judge of the Superior Court, one hundred eighty-four thousand two hundred nine dollars; (G) each judge of the Superior Court, one hundred eighty thousand four hundred sixty dollars. (2) On and after July 1, 2022, (A) the Chief Justice of the Supreme Court, two hundred twenty-six thousand seven hundred eleven dollars; (B) the Chief Court Administrator if a judge of the Supreme Court, Appellate Court or Superior Court, two hundred seventeen thousand eight hundred fifty-four dollars; (C) each associate judge of the Supreme Court, two hundred nine thousand seven hundred seventy dollars; (D) the Chief Judge of the Appellate Court, two hundred seven thousand
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four hundred fifty dollars; (E) each judge of the Appellate Court, one hundred ninety-seven thousand forty-six dollars; (F) the Deputy Chief Court Administrator if a judge of the Superior Court, one hundred ninety-three thousand four hundred twenty dollars; and (G) each judge of the Superior Court, one hundred eighty-nine thousand four hundred eighty-three dollars. [(b) (1) In addition to the salary such judge is entitled to receive under subsection (a) of this section, on and after July 1, 2019, a judge designated as the administrative judge of the appellate system shall receive one thousand one hundred seventy-seven dollars in additional compensation, each Superior Court judge designated as the administrative judge of a judicial district shall receive one thousand one hundred seventy-seven dollars in additional compensation and each Superior Court judge designated as the chief administrative judge for facilities, administrative appeals, judicial marshal service or judge trial referees or for the Family, Juvenile, Criminal or Civil Division of the Superior Court shall receive one thousand one hundred seventy-seven dollars in additional compensation.] [(2)] (b) (1) In addition to the salary such judge is entitled to receive under subsection (a) of this section, on and after July 1, 2021, a judge designated as the administrative judge of the appellate system shall receive one thousand two hundred thirty dollars in additional compensation, each Superior Court judge designated as the administrative judge of a judicial district shall receive one thousand two hundred thirty dollars in additional compensation and each Superior Court judge designated as the chief administrative judge for facilities, administrative appeals, judicial marshal service or judge trial referees or for the Family, Juvenile, Criminal or Civil Division of the Superior Court shall receive one thousand two hundred thirty dollars in additional compensation. (2) In addition to the salary such judge is entitled to receive under
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subsection (a) of this section, on and after July 1, 2022, a judge designated as the administrative judge of the appellate system shall receive one thousand two hundred ninety-two dollars in additional compensation, each Superior Court judge designated as the administrative judge of a judicial district shall receive one thousand two hundred ninety-two dollars in additional compensation and each Superior Court judge designated as the chief administrative judge for facilities, administrative appeals, judicial marshal service or judge trial referees or for the Family, Juvenile, Criminal or Civil Division of the Superior Court shall receive one thousand two hundred ninety-two dollars in additional compensation. (c) Each such judge shall be an elector and a resident of this state, shall be a member of the bar of the state of Connecticut and shall not engage in private practice, nor on or after July 1, 1985, be a member of any board of directors or of any advisory board of any state bank and trust company, state bank or savings and loan association, national banking association or federal savings bank or savings and loan association. Nothing in this subsection shall preclude a senior judge from participating in any alternative dispute resolution program approved by STA-FED ADR, Inc. (d) Each such judge, excluding any senior judge, who has completed not less than ten years of service as a judge of either the Supreme Court, the Appellate Court, or the Superior Court, or of any combination of such courts, or of the Court of Common Pleas, the Juvenile Court or the Circuit Court, or other state service or service as an elected officer of the state, or any combination of such service, shall receive semiannual longevity payments based on service as a judge of any or all of such six courts, or other state service or service as an elected officer of the state, or any combination of such service, completed as of the first day of July and the first day of January of each year, as follows: (1) A judge who has completed ten or more years but less than fifteen
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years of service shall receive one-quarter of three per cent of the annual salary payable under subsection (a) of this section. (2) A judge who has completed fifteen or more years but less than twenty years of service shall receive one-half of three per cent of the annual salary payable under subsection (a) of this section. (3) A judge who has completed twenty or more years but less than twenty-five years of service shall receive three-quarters of three per cent of the annual salary payable under subsection (a) of this section. (4) A judge who has completed twenty-five or more years of service shall receive three per cent of the annual salary payable under subsection (a) of this section. Sec. 132. Subsection (f) of section 52-434 of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (f) Each judge trial referee shall receive, for acting as a referee or as a single auditor or committee of any court or for performing duties assigned by the Chief Court Administrator with the approval of the Chief Justice, for each day the judge trial referee is so engaged, in addition to the retirement salary: (1) [(A) On and after July 1, 2019, the sum of two hundred fifty-nine dollars, and (B)] (A) on and after July 1, 2021, the sum of two hundred seventy-one dollars, and (B) on and after July 1, 2022, the sum of two hundred eighty-five dollars; and (2) expenses, including mileage. Such amounts shall be taxed by the court making the reference in the same manner as other court expenses. Sec. 133. Subsection (h) of section 46b-231 of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): [(h) (1) On and after July 1, 2019, the Chief Family Support Magistrate
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shall receive a salary of one hundred fifty thousand three hundred fourteen dollars, and other family support magistrates shall receive an annual salary of one hundred forty-three thousand sixty dollars.] [(2)] (h) (1) On and after July 1, 2021, the Chief Family Support Magistrate shall receive a salary of one hundred fifty-seven thousand seventy-eight dollars, and other family support magistrates shall receive an annual salary of one hundred forty-nine thousand four hundred ninety-eight dollars. (2) On and after July 1, 2022, the Chief Family Support Magistrate shall receive a salary of one hundred sixty-four thousand nine hundred thirty-two dollars, and other family support magistrates shall receive an annual salary of one hundred fifty-six thousand nine hundred seventy- three dollars. Sec. 134. Subsection (b) of section 46b-236 of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): [(b) (1) On and after July 1, 2019, each family support referee shall receive, for acting as a family support referee, in addition to the retirement salary, the sum of two hundred twenty-three dollars and expenses, including mileage, for each day a family support referee is so engaged.] [(2)] (b) (1) On and after July 1, 2021, each family support referee shall receive, for acting as a family support referee, in addition to the retirement salary, the sum of two hundred thirty-three dollars and expenses, including mileage, for each day a family support referee is so engaged. (2) On and after July 1, 2022, each family support referee shall receive, for acting as a family support referee, in addition to the retirement salary, the sum of two hundred forty-five dollars and expenses,
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including mileage, for each day a family support referee is so engaged. Sec. 135. (NEW) (Effective from passage) The Commissioner of Public Health shall proportionately adjust the rates for the conveyance and treatment of patients by licensed ambulance services and invalid coaches and the rates for certified ambulance services and paramedic intercept services established pursuant to subparagraph (A) of subdivision (9) of section 19a-177 of the general statutes in accordance with any increases made by the Commissioner of Social Services to the Medicaid emergency and nonemergency ambulance service rates established pursuant to section 17b-273 of the general statutes, not later than thirty days after the Commissioner of Social Services makes such increases. Sec. 136. (Effective July 1, 2022) (a) The Commissioner of Public Health, in collaboration with the Commissioner of Social Services, shall establish a working group on emergency medical services. The working group shall include, but need not be limited to, the commissioners or their designees, representatives of volunteer emergency medical services providers, representatives of municipal or other nonprofit agencies that provide emergency medical services, representatives of hospital-based emergency medical services providers and representatives of for-profit emergency medical services providers. The working group may also include representatives of hospitals, emergency physicians, representatives of long-term care providers, representatives of health carriers and other emergency care providers. (b) The Commissioner of Public Health shall convene the first meeting of the working group not later than September 1, 2022. (c) The working group shall examine the following issues: (1) Medicaid and private commercial emergency medical services rates; (2) the emergency medical services workforce; and (3) the provision of emergency medical services, including, but not limited to, the adoption
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of mobile-integrated health care, and the provision of emergency medical services in other states. (d) Not later than January 1, 2023, the Commissioner of Public Health, in consultation with the Commissioner of Social Services, shall report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to public health with recommendations concerning its findings and recommendations for improvements to the provision of emergency medical services in the state and actions to take to create an effective and sustainable emergency medical services system over a long-term period. Sec. 137. Section 22a-498 of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) Any municipality may, by ordinance adopted by its legislative body, designate any existing board or commission or establish a new board or commission as the stormwater authority for such municipality. If a new board or commission is created, such municipality shall, by ordinance, determine the number of members thereof, their compensation, if any, whether such members shall be elected or appointed, the method of their appointment, if appointed, and removal and their terms of office, which shall be so arranged that not more than one-half of such terms shall expire within any one year. (b) The purposes of the stormwater authority shall be to: (1) Develop a stormwater management program, including, but not limited to, (A) a program for construction and post-construction site stormwater runoff control, including measures to control detention and prevention of stormwater runoff from development sites, [; or] and (B) a program for control and abatement of stormwater pollution from existing land uses, and the detection and elimination of connections to the stormwater
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system that threaten the public health, welfare or the environment; (2) provide public education and outreach in the municipality relating to stormwater management activities and to establish procedures for public participation; (3) provide for the administration of the stormwater management program; (4) establish geographic boundaries of the stormwater authority district; and (5) recommend to the legislative body of the municipality in which such district is located the imposition of a fee upon the interests in real property within such district, subject to the fifteen per cent limitation on, or alternative election to exempt, properties owned by hospitals described in subdivision (3) of subsection (c) of this section, the revenues from which shall be used in carrying out any of the powers of such district. In accomplishing the purposes of this section, the stormwater authority may plan, layout, acquire, construct, reconstruct, repair, maintain, supervise and manage stormwater control systems. (c) (1) (A) Any stormwater authority created by a municipality pursuant to subsection (a) of this section may levy fees, approved by the legislative body of the municipality in accordance with the provisions of subdivision (3) of this subsection, on property owners of the municipality, except as specified in subdivision (2) of this subsection, for the purposes described in subsection (b) of this section. In establishing fees for properties in its district, the stormwater authority shall (i) consider criteria, including, but not limited to, [the following: The] the area of the property containing impervious surfaces from which stormwater runoff is generated [,] and land use types that result in higher or lower concentrations of stormwater pollution, and [the grand list valuation of the property. In establishing fees for property in its district, the stormwater authority shall offer] (ii) adopt a procedure to provide a partial fee reduction, in the form of a credit, [for any property owner in its district who has installed and is operating and maintaining current stormwater best management practices that reduce, retain, or treat stormwater onsite and that are approved by the
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stormwater authority] in accordance with the provisions of this subdivision. (B) The stormwater authority shall provide a partial fee reduction for any property owner in its district who (i) has disconnected a percentage of such property's impervious surfaces from the municipal separate storm sewer system, combined storm sewer system or surface water, and (ii) provides documentation to the satisfaction of the stormwater authority that current stormwater best management practices or other control measures, approved by the stormwater authority, that reduce, retain or treat stormwater onsite are being applied and maintained in compliance with the requirements of the stormwater authority and any applicable permit issued by the Commissioner of Energy and Environmental Protection for the discharge of stormwater. For the purposes of this subparagraph, an area of impervious surface is deemed disconnected when the appropriate water quality volume has been retained in accordance with the applicable permit issued by the Commissioner of Energy and Environmental Protection for the discharge of stormwater or as required by the stormwater authority. (C) The stormwater authority may provide a partial fee reduction for any property owner in its district who has installed and is operating and maintaining infrastructure that reduces, retains or treats stormwater onsite, which infrastructure exceeds any requirements for infrastructure that may be applicable to the property under (i) the applicable permit issued by the Commissioner of Energy and Environmental Protection for the discharge of stormwater, including any requirements by the Commissioner of Energy and Environmental Protection to address water quality impairments resulting from stormwater discharge, (ii) any regulation adopted by the Commissioner of Energy and Environmental Protection, or (iii) the local stormwater control ordinance. (D) The Commissioner of Energy and Environmental Protection may provide additional guidance to stormwater authorities to implement the
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provisions of this subdivision. (2) In the case of land classified as, and consisting of, farm, forest or open space land, or property owned by the state government, or any of its political subdivisions or respective agencies, the stormwater authority may only [levee] levy such fees on areas of such land that contain impervious surfaces from which stormwater discharges to a municipal separate storm sewer system. (3) Each stormwater authority shall present its budget annually to the legislative body of the municipality for approval. Such budget shall include the specific programs the authority proposes to undertake during the fiscal year for which the budget is presented, the projected expenditures for such programs for the fiscal year and the amount of the fee or fees the authority proposes to levy to pay for such expenditures. In no event shall the aggregate amount of the fees proposed for the fiscal year exceed the aggregate amount of such projected expenditures for the fiscal year and in no event shall more than fifteen per cent of the aggregate amount of the fees proposed for any fiscal year prior to July 1, 2026, be generated from properties located in the municipality that are owned by hospitals that are parties to the settlement agreement with the state approved pursuant to special act 19-1 of the December 2019 special session. The legislative body of the municipality shall ensure that the aggregate amount of the fees approved comply with such fifteen per cent limitation. For each such fiscal year prior to July 1, 2026, the authority shall, not later than thirty days after the conclusion of the fiscal year, (A) conduct a review to ensure that not more than fifteen per cent of the aggregate fees received for such fiscal year were generated from real property located in the municipality that is owned by one or more hospitals that are parties to the settlement agreement described in this subdivision, (B) in the event that the fees received from all such hospitals together exceed fifteen per cent of the aggregate fees received for such fiscal year, the stormwater authority shall rebate any amounts
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received in excess of fifteen per cent, proportionately, to such hospitals, and (C) provide the results of the stormwater authority's review, in writing to each hospital, regardless of whether a rebate is due. As an alternative to imposing the fee on properties located in the municipality that are owned by hospitals that are parties to such settlement agreement described in this subdivision, the legislative body may approve exemption of such properties from the fee until July 1, 2026. The legislative body of the municipality may approve fee amounts that are less than the amounts proposed by the authority but in no event shall the legislative body of the municipality approve fee amounts that are greater than the amounts proposed by the authority. (d) Any person aggrieved by the action of a stormwater authority under this section shall have the same rights and remedies for appeal and relief as are provided in the general statutes for taxpayers claiming to be aggrieved by the doings of the assessors or board of assessment appeals. (e) The authority may adopt municipal regulations to implement the stormwater management program. (f) The authority may, subject to the commissioner's approval, enter into contracts with any municipal or regional entity to accomplish the purposes of this section. (g) For purposes of this section and sections 22a-498a and 22a-498b, "municipality" means any town, city, borough, consolidated town and city or consolidated town or borough. "Municipality" does not include any local school district, regional school district, metropolitan district, district, as defined in section 7-324, or any other municipal corporation or authority authorized to issue bonds, notes or other obligations under the provisions of the general statutes or any special act. Sec. 138. (Effective from passage) (a) Each state agency shall apply terms
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consistent with those contained in sections I(a) to I(c), inclusive, of Attachment B to the ratified SEBAC 2022 agreement, dated March 31, 2022, between the state and the State Employees Bargaining Agent Coalition (SEBAC), and approved pursuant to subsection (f) of section 5-278 of the general statutes, to state employees who are not members of a bargaining unit, for the fiscal years ending June 30, 2022, to June 30, 2024, inclusive. For the purposes of this subsection, "state agency" means any office, department, board, council, commission, institution, constituent unit of the state system of higher education, technical education and career school or other agency in the executive or judicial branch of state government, but excluding the legislative branch of state government. (b) Notwithstanding the provisions of title 2 of the general statutes and any personnel policies adopted pursuant to said provisions, the Office of Legislative Management shall apply, to legislative employees, terms consistent with those concerning special lump sum payments contained in sections I(a) and I(b) of Attachment B to the ratified SEBAC 2022 agreement, dated March 31, 2022, between the state and the State Employees Bargaining Agent Coalition (SEBAC), and approved pursuant to subsection (f) of section 5-278 of the general statutes, for the fiscal years ending June 30, 2022, and June 30, 2023. Sec. 139. (NEW) (Effective October 1, 2022) The Commissioners of Energy and Environmental Protection and Transportation shall jointly work with The University of Connecticut's Training and Technical Assistance Center to conduct a training program for state, municipal and private roadside applicators that relies on the Connecticut Best Management Practices "Green Snow Pro: Sustainable Winter Operations" guide for municipalities. Such training program shall include, but not be limited to, instruction on each topic contained in such guide and the provision of additional information resources for each topic. Such training shall be provided by personnel of the
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Public Act No. 22-118 183 of 739
Departments of Energy and Environmental Protection and Transportation or The University of Connecticut's Training and Technical Assistance Center and shall consist of not less than one training session conducted in each county of the state. Information concerning such training shall be provided by said agencies to each regional council of governments. Not later than one year following the implementation of such training program and pursuant to section 11-4a of the general statutes, said commissioners shall jointly submit a report to the joint standing committees of the General Assembly having cognizance of matters relating to the environment and transportation on how many state, municipal and private applicators have received training pursuant to such program, any goals for the future of such program and any recommendations concerning proposed legislation to reduce the effects of sodium chloride on private wells and public drinking water supplies. Sec. 140. (NEW) (Effective from passage) (a) For the purposes of this section and section 141 of this act: (1) "Apply salt" means to apply salt or a salt alternative to roadways, parking lots or sidewalks for the purpose of winter maintenance; (2) "Commercial applicator" means any individual who applies or supervises other persons who apply salt, except any municipal or state employee or employee of a political subdivision of the state; (3) "Commissioner" means the Commissioner of Energy and Environmental Protection; (4) "Department" means the Department of Energy and Environmental Protection; (5) "Salt" means sodium chloride, calcium chloride, magnesium chloride or any other substance containing chloride; and
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Public Act No. 22-118 184 of 739
(6) "Salt alternative" means any substance not containing chloride that is used for the purpose of de-icing or anti-icing. (b) Any commercial applicator may annually register with the department and certify to the department that such applicator received the training described in section 139 of this act and any other training required by the department pursuant to regulations adopted in accordance with the provisions of this section and is in compliance with the policies and goals concerning applying salt established in such regulations provided any such business that employs multiple commercial applicators may make an organizational certification on behalf of the owner or chief supervisor and all of the commercial applicators employed by such business. Any such business that makes an organizational certification shall ensure that all commercial applicators operating under such organizational certification receive the required training and shall provide the required recordkeeping on behalf of all such commercial applicators. (c) The registration of any certification made pursuant to subsection (b) of this section shall be on a form prescribed by the commissioner and shall include the following: (1) The full name and address of the person applying for the certification; (2) the name and address of a person whose domicile is in the state, and who is authorized to receive and accept service of summons and legal notices of all kinds for the applicant; (3) the type of apparatus used to apply salt or salt alternative whether liquid or dry; and (4) any other information deemed necessary by the commissioner. (d) The commissioner shall administer and enforce the provisions of this section within available resources. (e) The commissioner may issue an order to any person who is in violation of any provision of this section and any regulation adopted pursuant to this section, including, but not limited to, an order to cease
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Public Act No. 22-118 185 of 739
and desist from any act in violation of such provision or regulation. Any order issued by the commissioner pursuant to this subsection shall be effective immediately. The commissioner, after notice and hearing, pursuant to chapter 54 of the general statutes, may revoke the registration of any person who violates any such provision or regulation. (f) The commissioner shall adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to implement the provisions of this section. Such regulations shall include, but are not limited to, provisions to: (1) Establish policies and goals for applying salt; (2) receive and allocate federal grants and other funds or gifts for the purpose of carrying out any provision of this section; (3) provide for the types and frequency of training programs required for such registration; (4) establish procedures for commercial applicators to register; and (5) recordkeeping required for commercial applicators to maintain registration. Sec. 141. (NEW) (Effective from passage) Not later than January 1, 2023, each local health district shall establish an electronic reporting system for the owner of any home or well that is damaged as the direct result of sodium chloride run-off to register such damage with the local health department. Not later than January 1, 2024, and each year thereafter, each local health department shall submit any report received pursuant to this section during the previous calendar year to the Office of Policy and Management. The Secretary of the Office of Policy and Management may identify any available state or federal financial resources to assist such owners with the costs of remediation, mitigation or repair of such homes or wells and establish any criteria and procedures for the issuance of any such financial assistance to such owners. Sec. 142. (NEW) (Effective from passage) Any person, as defined in section 1-1 of the general statutes, who installs residential water treatment systems, including, but not limited to, automatic water
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Public Act No. 22-118 186 of 739
softeners or tanks, shall provide each customer who seeks installation of an automatic water softener or tank with written information concerning the importance of testing such customer's drinking water for the presence of sodium and chloride and the potential consequences of excessive levels of sodium and chloride in such drinking water. Sec. 143. (NEW) (Effective from passage) (a) As used in this section: (1) "Eligible applicant" means any person who (A) (i) worked during the entire period of the public health and civil preparedness emergency declared by the Governor on March 10, 2020, or any extension of such declaration, up until the effective date of this section, and (ii) was in a category recommended by the Centers for Disease Control and Prevention's Advisory Committee on Immunization Practices, as of February 20, 2021, to receive a COVID-19 vaccination in phase 1a or 1b of the COVID-19 vaccination program, (B) is not a federal, state or municipal employee, (C) was not employed in a capacity where the employee worked or could have worked from home, and (D) meets the income criteria established in subsection (b) of this section; (2) "Administrator" means an employee of the office of the Comptroller, or a third-party administrator; (3) "Full-time" means any eligible applicant who worked thirty hours or more per week; (4) "Part-time" means any eligible applicant who worked less than thirty hours per week; and (5) "Premium pay" means moneys payable by the Comptroller from the Connecticut Premium Pay program, established pursuant to subsection (b) of this section, to recognize and compensate eligible applicants for their service pursuant to this section. (b) (1) There is established the Connecticut Premium Pay program.
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Public Act No. 22-118 187 of 739
The program shall provide payment to each full-time eligible applicant, after October 1, 2022, provided the amount in the Connecticut premium pay account, established in subsection (c) of this section, is sufficient to fully fund all approved applicants according to the following formula: (A) One thousand dollars to each worker whose individual income was less than one hundred thousand dollars; (B) eight hundred dollars to each worker whose individual income was between one hundred thousand dollars and one hundred nine thousand nine hundred ninety- nine dollars; (C) six hundred dollars to each worker whose individual income was between one hundred ten thousand dollars and one hundred nineteen thousand nine hundred ninety-nine dollars; (D) four hundred dollars to each worker whose individual income was between one hundred twenty thousand dollars and one hundred twenty-nine thousand nine hundred ninety-nine dollars; and (E) two hundred dollars to each worker whose individual income was between one hundred thirty thousand dollars and one hundred forty-nine thousand nine hundred ninety-nine dollars. No payment shall be made to any full-time eligible applicant whose income is one hundred fifty thousand dollars or more. The program shall provide five hundred dollars to each part-time eligible applicant. If the amount in the Connecticut premium pay account is not sufficient to fully fund all approved applicants according to the formula provided in this subsection, then all approved applicants' payments shall be reduced proportionally. No assistance shall be paid to any eligible applicant after June 30, 2024. The program shall be administered by the office of the Comptroller, or a third party under contract with said office to act as an administrator. (2) The administrator shall accept applications for assistance on and after the effective date of this section. For the purposes of this section, the administrator shall be authorized to: (A) Determine whether an eligible applicant meets the requirements for eligibility for compensation under this section; (B) summon and examine under oath such witnesses who may provide information relevant to the eligibility
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Public Act No. 22-118 188 of 739
of an eligible applicant; (C) direct the production of, and examine or cause to be produced or examined, such books, records, vouchers, memoranda, documents, letters, contracts or other papers in relation to any matter at issue as the administrator may find proper; and (D) take or cause to be taken affidavits or depositions within or without the state. (c) There is established an account to be known as the "Connecticut premium pay account" which shall be a separate, nonlapsing account within the General Fund. The account shall contain any moneys required by law to be deposited in the account. Moneys in the account shall be expended by the Comptroller at the direction of the administrator for purposes of: (1) Compensation provided under the Connecticut Premium Pay program; and (2) costs and expenses of operating the program, including hiring of necessary employees and the expense of public outreach and education regarding the program and account. Not more than five per cent of the total moneys received by the account shall be used for any administrative costs, including hiring of temporary or durational staff or contracting with a third-party administrator, or other costs and expenses incurred by the administrator or Comptroller in connection with carrying out the provisions of this section. The administrator shall make all reasonable efforts to limit the costs and expenses of operating the program without compromising eligible applicants' access to the program. (d) To apply for compensation from the Connecticut Premium Pay program, an eligible applicant shall submit a claim to the administrator, in such form and manner as required by the administrator, not later than October 1, 2022. Any such claim shall include: (1) Proof of employment as an eligible applicant from March 10, 2020, to the effective date of this section, as determined by an eligible applicant's proof of earnings; and (2) any additional information as requested or required by the administrator. An eligible applicant may submit, as proof of employment, official payroll records or another form of proof including,
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Public Act No. 22-118 189 of 739
but not limited to, a letter from an employer stating the eligible applicant's dates of work, or a declaration from an individual with personal knowledge of the eligible applicant's employment. (e) The administrator shall promptly review all applications for compensation submitted pursuant to this section. The administrator shall evaluate each application and determine, on the basis of the information provided by the eligible applicant, or additional information provided at the request of the administrator, whether or not such application shall be approved. The administrator shall provide such determination, in writing, to each applicant not later than sixty business days after the date the application is submitted, or, if the administrator requested additional information, not later than ten business days after the administrator receives such additional information from the applicant. If such claim is approved, the administrator shall direct the Comptroller to pay the full-time or part- time eligible applicant in accordance with subsection (b) of this section not later than ten business days after such approval. (f) An eligible applicant may request that a determination made pursuant to subsection (e) of this section be reconsidered by filing a request with the administrator, on a form prescribed by the administrator, not later than twenty business days after the mailing of the notice of such determination. The administrator shall, not later than three business days after receipt of such request for reconsideration, designate an individual to conduct such reconsideration and shall submit to such designated individual all documents relating to such eligible applicant's application and request for reconsideration. The administrator's designee shall reconsider each determination requested by an eligible applicant pursuant to this subsection. Such review shall consist of a de novo review of all relevant evidence and shall be completed not later than twenty business days after such individual's request for reconsideration. Such designee shall issue a decision
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Public Act No. 22-118 190 of 739
affirming, modifying or reversing the decision of the administrator not later than twenty business days after the designee's reconsideration of the determination and shall submit such decision, in writing, to the administrator and the applicant. The decision shall include a short statement of findings that shall specify if premium pay shall be paid to the applicant in accordance with subsection (e) of this section. (g) Any statement, document, information or matter may be considered by the administrator or, on reconsideration, by the administrator's designee, if, in the opinion of the administrator or designee, it contributes to a determination of the claim, whether or not the same would be admissible in a court of law. (h) Notwithstanding sections 4-183 and 51-197b of the general statutes, there shall be no right of appeal by any applicant following the final decision of the administrator's designee issued pursuant to subsection (f) of this section. (i) If a payment is made to a program applicant erroneously, or as a result of wilful misrepresentation by such applicant, the administrator may seek repayment of benefits from the applicant having received such payment and may also, in the case of wilful misrepresentation, seek payment of a penalty in the amount of fifty per cent of the benefits paid as a result of such misrepresentation. Any person, including an employer, who intentionally aids, abets, assists, promotes or facilitates the making of, or the attempt to make, any claim for payment or the receipt or attempted receipt of payment by another person in violation of this subsection shall be liable for the same financial penalty as the person making, or attempting to make, such claim or receiving, or attempting to receive, benefits from the program. (j) On or before July 31, 2022, and monthly thereafter, and any other time at the request of the administrator, the Comptroller shall submit a report to the administrator indicating the value of the Connecticut
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Public Act No. 22-118 191 of 739
premium pay account at the time of the report. (k) On or before September 1, 2022, and at least quarterly thereafter, the administrator shall submit a report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to labor on the financial condition of the Connecticut premium pay account. Such report shall include: (1) An estimate of the account's value as of the date of the report; (2) the effect of scheduled payments on the account's value; (3) an estimate of the monthly administrative costs necessary to operate the program and the account; and (4) any recommendations for legislation to improve the operation or administration of the program and the account. Sec. 144. (NEW) (Effective from passage) (a) No employer shall: (1) Discharge, or cause to be discharged, or in any manner discipline or discriminate against any employee because the employee has filed an application for premium pay pursuant to section 143 of this act, or (2) deliberately misinform or deliberately dissuade an employee from filing an application for payment from the Connecticut Premium Pay program. (b) Any employee who is so discharged, disciplined or discriminated against or who has been deliberately misinformed or deliberately dissuaded from filing an application for payment from the Connecticut Premium Pay program may bring a civil action in the superior court for the judicial district where the employer has its principal office for the reinstatement to the employee's position of employment, payment of back wages, reestablishment of employee benefits to which the employee would have otherwise been entitled if the employee had not been discriminated against or discharged and any other damages caused by such discrimination or discharge. The superior court may also award punitive damages. Any employee who prevails in such a civil action shall be awarded reasonable attorney's fees and costs.
House Bill No. 5506
Public Act No. 22-118 192 of 739
Sec. 145. Section 22-6c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2022): (a) The Commissioner of Agriculture may pay, not more than fifty per cent of the cost in advance, or reimburse any farmer for part of the cost of compliance with a comprehensive farm nutrient management plan, farmland restoration and climate resiliency plan or a farm resources management plan, provided such plan has been approved by the Commissioner of Energy and Environmental Protection. The Commissioner of Agriculture, in cooperation with the United States Department of Agriculture, may certify for payment or reimbursement comprehensive farm nutrient management or farm resources management plan practices that have been approved by the Commissioner of Energy and Environmental Protection pursuant to this section. The total federal and state grant available to a farmer shall not be more than ninety per cent of such cost. In making grants under this subsection, the Commissioner of Agriculture shall give priority to capital improvements made in accordance with a comprehensive farm nutrient management plan, a farmland restoration and climate resiliency plan or a farm resources management plan prepared pursuant to section 22a-354m. (b) The Commissioner of Agriculture may pay, not more than fifty per cent of the cost in advance, or reimburse any farmer for part of the cost to develop, implement and comply with a farm resources management plan or a farmland restoration and climate resiliency plan, [intended to restore farmland] including for the costs of farm equipment purchases, provided such plan has been approved by the commissioner. Such reimbursement or payment shall not exceed fifty per cent of the cost of such plan or twenty thousand dollars, whichever is less, except any such reimbursement or payment for such a [management or restoration] plan on any state-owned land or any municipally owned land with an agricultural lease of five years or longer shall not exceed
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Public Act No. 22-118 193 of 739
ninety per cent of the cost of such [management or restoration] plan or twenty thousand dollars, whichever is less. The Commissioner of Agriculture may pay or reimburse any nonprofit organization, soil and water conservation district, The University of Connecticut Extension Services or any municipality to: (1) Provide technical assistance, (2) distribute grant funding to producers, (3) coordinate training programs, (4) coordinate projects that pilot or demonstrate conservation practices, (5) create tools that help reduce barriers to accessing assistance for conservation practices on farms, (6) establish equipment-sharing programs, or (7) other activities that will increase the number of farmers who are implementing climate-smart agriculture and forestry practices. Such plan may require agricultural restoration and climate-smart agricultural and forestry plans, practices and purposes, as defined in section 22-6d. (c) For purposes of this section, "farmer" includes, but is not limited to, any lessee or franchise holder of a state or town shellfish bed and ["farmland restoration plan"] "farmland restoration and climate resiliency plan" means a conservation plan of the United States Department of Agriculture's Natural Resources Conservation Service, a conservation plan of a soil and water conservation district established pursuant to section 22a-315 or a conservation plan approved by the Commissioner of Agriculture. ["Farmland restoration plan"] "Farmland restoration and climate resiliency plan" includes agricultural restoration purposes, as defined in section 22-6d, and conservation and restoration plans for leased or franchised shellfish beds. Sec. 146. Section 22-6d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2022): As used in section 22-6e: "Commissioner" means the Commissioner of Agriculture; "department" means the Department of Agriculture; "garden" means a piece of land appropriate for the cultivation of herbs, fruits, flowers, or vegetables; "sponsor" means any municipal agency or
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Public Act No. 22-118 194 of 739
nonprofit civic service association or organization designated by the commissioner to operate a program pursuant to section 22-6e; "use" means, when applied to gardening, to make use of, without conveyance of title or any other ownership; "vacant public land" means any land owned by the state, or any municipality therein, that is not in use for public purposes; "agricultural restoration purposes" means reclamation of grown-over pastures and meadows, installation of fences in restoration areas to keep wildlife out of such areas, manage livestock and to keep livestock out of riparian areas, climate-smart agriculture and forestry practices, including such practices in urban communities, soil health improvements, replanting of vegetation on erosion prone land or along streams, restoration and improvement of water runoff patterns, improvement of water sources and irrigation efficiency, conducting hedgerow and woodlot management, including the removal of invasive plants and timber, purchasing farm equipment to improve soil health or renovating farm ponds through farm pond management and any incidental land clearing activities attendant to such reclamation, installation, restoration, replanting, improvement, management or renovating; and "climate-smart agriculture and forestry practices" means practices developed or prescribed by the United States Department of Agriculture pursuant to said department's climate-smart agriculture and forestry strategy. Sec. 147. (NEW) (Effective October 1, 2022) (a) The Department of Public Health shall maintain and operate a state-wide stroke registry. (b) On and after July 1, 2023, each comprehensive stroke center, thrombectomy-capable stroke center, primary stroke center or acute stroke-ready hospital shall, on a quarterly basis, submit to the Department of Public Health data concerning stroke care that are necessary for including in the state-wide stroke registry, as determined by the Commissioner of Public Health, and that, at a minimum, align with the stroke consensus metrics developed and approved by a
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Public Act No. 22-118 195 of 739
nationally-recognized stroke certification body. The department shall apply privacy and security standards for such registry's data that are consistent with the department's policies for use of patient data. (c) Each comprehensive stroke center, thrombectomy-capable stroke center, primary stroke center and acute stroke-ready hospital shall provide access to its records to the Department of Public Health, as the department deems necessary, to perform case finding or other quality improvement audits to ensure completeness of reporting and data accuracy consistent with the purposes of this section. (d) The Department of Public Health may enter into a contract for the receipt, storage, holding or maintenance of the data or files under its control and management. (e) The Department of Public Health may enter into reciprocal reporting agreements with the appropriate agencies of other states to exchange stroke care data. (f) There is established a stroke registry data oversight committee to monitor the operations of the state-wide stroke registry, provide advice regarding the oversight of such registry, develop a plan to improve quality of stroke care and address disparities in the provision of such care, and develop short and long-term goals for improvement of stroke care in comprehensive stroke centers, thrombectomy-capable stroke centers, primary stroke centers and acute stroke-ready hospitals. Said committee shall be within the Legislative Branch and the administrative staff of the joint standing committee of the General Assembly having cognizance of matters relating to public health shall serve as administrative staff to said committee. Said committee shall consist of the following members, who shall be appointed not later than July 1, 2023: (1) One appointed by the speaker of the House of Representatives; (2) one appointed by the president pro tempore of the Senate; (3) one appointed by the majority leader of the House of Representatives; (4)
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Public Act No. 22-118 196 of 739
one appointed by the majority leader of the Senate; (5) one appointed by the minority leader of the House of Representatives; and (6) one appointed by the minority leader of the Senate. An appointing authority may consult with the State of Connecticut Stroke Advisory Council in selecting a member to appoint to the oversite committee. Each member shall serve a term of two years. The speaker of the House of Representatives and the president pro tempore of the Senate shall each appoint, from among the members of the oversight committee, a co- chairperson, who shall jointly schedule the first meeting of the oversite committee on or before August 1, 2023. The Department of Public Health shall assist said committee in its work and provide any information or data that the committee deems necessary to fulfil its duties, unless the disclosure of such information or data is prohibited by state or federal law. Not later than January 1, 2024, and annually thereafter, the co-chairpersons of the committee shall jointly report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to public health, regarding the work of the committee. Not later than January 1, 2024, and at least annually thereafter, such co-chairpersons shall report to the Commissioner of Public Health and the State of Connecticut Stroke Advisory Council, regarding the work of the committee. (g) The Commissioner of Public Health may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to implement the provisions of this section. Sec. 148. (Effective from passage) The Legislative Commissioners' Office shall, in codifying the provisions of this act, make such technical, grammatical and punctuation changes as are necessary to carry out the purposes of this act, including, but not limited to, correcting inaccurate internal references. Sec. 149. Section 19a-110 of the general statutes is repealed and the
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Public Act No. 22-118 197 of 739
following is substituted in lieu thereof (Effective January 1, 2023): (a) Not later than forty-eight hours after receiving or completing a report of a person found to have a level of lead in the blood equal to or greater than [ten] three and one-half micrograms per deciliter of blood or any other abnormal body burden of lead, each institution licensed under sections 19a-490 to 19a-503, inclusive, and each clinical laboratory licensed under section 19a-30 shall report to (1) the Commissioner of Public Health, and to the director of health of the town, city, borough or district in which the person resides: (A) The name, full residence address, date of birth, gender, race and ethnicity of each person found to have a level of lead in the blood equal to or greater than [ten] three and one-half micrograms per deciliter of blood or any other abnormal body burden of lead; (B) the name, address and telephone number of the health care provider who ordered the test; (C) the sample collection date, analysis date, type and blood lead analysis result; and (D) such other information as the commissioner may require, and (2) the health care provider who ordered the test, the results of the test. With respect to a child under three years of age, not later than seventy-two hours after the provider receives such results, the provider shall make reasonable efforts to notify the parent or guardian of the child of the blood lead analysis results. Any institution or laboratory making an accurate report in good faith shall not be liable for the act of disclosing [said] such report to the Commissioner of Public Health or to the director of health. The commissioner, after consultation with the Commissioner of Administrative Services, shall determine the method and format of transmission of data contained in [said] such report. (b) Each institution or laboratory that conducts lead testing pursuant to subsection (a) of this section shall, at least monthly, submit to the Commissioner of Public Health a comprehensive report that includes: (1) The name, full residence address, date of birth, gender, race and ethnicity of each person tested pursuant to subsection (a) of this section
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regardless of the level of lead in the blood; (2) the name, address and telephone number of the health care provider who ordered the test; (3) the sample collection date, analysis date, type and blood lead analysis result; (4) laboratory identifiers; and (5) such other information as the Commissioner of Public Health may require. Any institution or laboratory making an accurate report in good faith shall not be liable for the act of disclosing [said] such report to the Commissioner of Public Health. The Commissioner of Public Health, after consultation with the Commissioner of Administrative Services, shall determine the method and format of transmission of data contained in [said] such report. (c) Whenever an institutional laboratory or private clinical laboratory conducting blood lead tests pursuant to this section refers a blood lead sample to another laboratory for analysis, the laboratories may agree on which laboratory will report in compliance with subsections (a) and (b) of this section, but both laboratories shall be accountable to [insure] ensure that reports are made. The referring laboratory shall [insure] ensure that the requisition slip includes all of the information that is required in subsections (a) and (b) of this section and that this information is transmitted with the blood specimen to the laboratory performing the analysis. (d) The director of health of the town, city, borough or district shall provide or cause to be provided, to the parent or guardian of a child who is (1) known to have a confirmed venous blood lead level of [five] three and one-half micrograms per deciliter of blood or more, or (2) the subject of a report by an institution or clinical laboratory, pursuant to subsection (a) of this section, with information describing the dangers of lead poisoning, precautions to reduce the risk of lead poisoning, information about potential eligibility for services for children from birth to three years of age pursuant to sections 17a-248 to [17a-248g] 17a- 248i, inclusive, and laws and regulations concerning lead abatement. The director of health need only provide, or cause to be provided, such
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Public Act No. 22-118 199 of 739
information to such parent or guardian on one occasion after receipt of an initial report of an abnormal blood lead level as described in subdivisions (1) and (2) of this subsection. Such information shall be developed by the Department of Public Health and provided to each local and district director of health. [With] (e) Prior to January 1, 2024, with respect to the child reported, the director shall conduct an on-site inspection to identify the source of the lead causing a confirmed venous blood lead level equal to or greater than [fifteen] ten micrograms per deciliter but less than [twenty] fifteen micrograms per deciliter in two tests taken at least three months apart and order remediation of such [sources] source by the appropriate persons responsible for the conditions at such source. [On and after January 1, 2012, if one per cent or more of children in this state under the age of six report blood lead levels equal to or greater than ten micrograms per deciliter, the director shall conduct such on-site inspection and order such remediation for any child having a confirmed venous blood lead level equal to or greater than ten micrograms per deciliter in two tests taken at least three months apart.] From January 1, 2024, to December 31, 2024, inclusive, with respect to the child reported, the director shall conduct an on-site inspection to identify the source of the lead causing a confirmed venous blood lead level equal to or greater than five micrograms per deciliter but less than ten micrograms per deciliter in two tests taken at least three months apart and order remediation of such source by the appropriate persons responsible for the conditions at such source. Sec. 150. Section 19a-111 of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2023): Upon receipt of each report of confirmed venous blood lead level equal to or greater than [twenty] fifteen micrograms per deciliter of blood from January 1, 2023, to December 31, 2023, inclusive, ten
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micrograms per deciliter of blood from January 1, 2024, to December 31, 2024, inclusive, and five micrograms per deciliter of blood on and after January 1, 2025, the local director of health shall make or cause to be made an epidemiological investigation of the source of the lead causing the increased lead level or abnormal body burden and shall order action to be taken by the appropriate person responsible for the condition that brought about such lead poisoning as may be necessary to prevent further exposure of persons to such poisoning. In the case of any residential unit where such action will not result in removal of the hazard within a reasonable time, the local director of health shall utilize such community resources as are available to effect relocation of any family occupying such unit. The local director of health may permit occupancy in said residential unit during abatement if, in such director's judgment, occupancy would not threaten the health and well-being of the occupants. The local director of health shall, not later than thirty days after the conclusion of such director's investigation, report to the Commissioner of Public Health, using a web-based surveillance system as prescribed by the commissioner, the result of such investigation and the action taken to ensure against further lead poisoning from the same source, including any measures taken to effect relocation of families. Such report shall include information relevant to the identification and location of the source of lead poisoning and such other information as the commissioner may require pursuant to regulations adopted in accordance with the provisions of chapter 54. The commissioner shall maintain comprehensive records of all reports submitted pursuant to this section and section 19a-110. Such records shall be geographically indexed in order to determine the location of areas of relatively high incidence of lead poisoning. The commissioner shall establish, in conjunction with recognized professional medical groups, guidelines consistent with the National Centers for Disease Control and Prevention for assessment of the risk of lead poisoning, screening for lead poisoning and treatment and follow-up care of individuals including children with lead poisoning, women who are pregnant and women who are planning
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pregnancy. Nothing in this section shall be construed to prohibit a local building official from requiring abatement of sources of lead or to prohibit a local director of health from making or causing to be made an epidemiological investigation upon receipt of a report of a confirmed venous blood lead level that is less than the minimum venous blood level specified in this section. Sec. 151. Subsection (a) of section 19a-111g of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2023): (a) Each primary care provider giving pediatric care in this state, excluding a hospital emergency department and its staff: (1) Shall conduct lead testing at least annually for each child nine to thirty-five months of age, inclusive, in accordance with the Advisory Committee on Childhood Lead Poisoning Prevention [Screening Advisory Committee] recommendations for childhood lead screening in Connecticut; (2) shall conduct lead testing at least annually for any child thirty-six to seventy-two months of age, inclusive, determined by the Department of Public Health to be at an elevated risk of lead exposure based on his or her enrollment in a medical assistance program pursuant to chapter 319v or his or her residence in a municipality that presents an elevated risk of lead exposure based on factors, including, but not limited to, the prevalence of housing built prior to January 1, 1960, and the prevalence of children's blood lead levels greater than five micrograms per deciliter; (3) shall conduct lead testing for any child thirty-six to seventy-two months of age, inclusive, who has not been previously tested or for any child under seventy-two months of age, if clinically indicated as determined by the primary care provider in accordance with the Childhood Lead Poisoning Prevention Screening Advisory Committee recommendations for childhood lead screening in Connecticut; [(3)] (4) shall provide, before such lead testing occurs, educational materials or anticipatory guidance information concerning
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lead poisoning prevention to such child's parent or guardian in accordance with the Childhood Lead Poisoning Prevention Screening Advisory Committee recommendations for childhood lead screening in Connecticut; [(4)] (5) shall conduct a medical risk assessment at least annually for each child thirty-six to seventy-two months of age, inclusive, in accordance with the Childhood Lead Poisoning Prevention Screening Advisory Committee recommendations for childhood lead screening in Connecticut; and [(5)] (6) may conduct a medical risk assessment at any time for any child thirty-six months of age or younger who is determined by the primary care provider to be in need of such risk assessment in accordance with the Childhood Lead Poisoning Prevention Screening Advisory Committee recommendations for childhood lead screening in Connecticut. Sec. 152. (NEW) (Effective January 1, 2023) To the extent permissible under federal law and within available appropriations, the Commissioner of Social Services shall seek federal authority to amend the Medicaid state plan to add services the commissioner determines are necessary and appropriate to address the health impacts of high childhood blood lead levels in children eligible for Medicaid. Such newly added services may include, but need not be limited to, (1) case management, (2) lead remediation, (3) follow-up screening, (4) referral to other available services, and (5) such other services covered under Medicaid the commissioner determines are necessary. In making the determination as to which services to add to the Medicaid program under this section, the commissioner shall coordinate such services with services already covered under the Medicaid program. Sec. 153. (Effective from passage) (a) The Commissioner of Public Health shall convene a working group to recommend any necessary legislative changes concerning (1) lead screening for pregnant persons or persons who are planning pregnancy, (2) lead in schools and child care centers, (3) reporting the results of lead tests or lead screening
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assessments to schools and child care centers in health assessments for new students, (4) reporting additional data from blood lead test laboratories and providers to the Department of Public Health, and (5) any other matters regarding lead poisoning prevention and treatment. (b) Such working group shall consist of the following members: (1) The Commissioners of Public Health and Social Services and the Secretary of the Office of Policy and Management, or their designees; (2) at least four persons who are (A) medical professionals who provide pediatric health care, (B) active in the field of public health and lead prevention, or (C) from a community that has been disproportionately impacted by lead, who shall be appointed by the Commissioner of Public Health; (3) two representatives of an association of directors of health in the state, who shall be appointed by said commissioner; (4) a representative of a conference of municipalities in the state, who shall be appointed by said commissioner; and (5) a representative of a council of small towns in the state, who shall be appointed by said commissioner. In making appointments under this subsection, the Commissioner of Public Health shall use best efforts to select members who reflect the racial, gender and geographic diversity of the population of the state. All appointments shall be made not later than thirty days after the effective date of this section. (c) Not later than December 1, 2022, the Commissioner of Public Health shall report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to public health, education and appropriations and the budgets of state agencies regarding the recommendations of the working group. The working group shall terminate upon the submission of the report. Sec. 154. Section 32-7g of the 2022 supplement to the general statutes is amended by adding subsection (h) as follows (Effective from passage):
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(NEW) (h) The commissioner may contract with nongovernmental entities, including, but not limited to, nonprofit organizations, economic and community development organizations, lending institutions, and technical assistance providers to carry out the provisions of this section. Sec. 155. Section 32-4p of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): (a) [For the fiscal years ending June 30, 2022, to] On and after July 1, 2021, and until June 30, 2024, [inclusive,] the Commissioner of Economic and Community Development, in coordination with the Secretary of the Office of Policy and Management, may, for the purposes of implementing the state's Economic Action Plan, use bond funds, funding received as a result of the American Rescue Plan Act of 2021, P.L. 117-2, as amended from time to time, and available resources, to provide (1) not more than one hundred million dollars in the aggregate for grants in support of major projects selected pursuant to subsection (b) of this section, and (2) [matching grants] not more than one hundred million dollars in the aggregate for community development grants awarded pursuant to subsection (c) of this section. Total funding for grants provided pursuant to subsections (b) and (c) of this section shall not exceed two hundred million dollars in the aggregate. (b) On and after July 1, 2021, and until [July 1] June 30, 2024, the Department of Economic and Community Development may [develop and issue requests for proposals] establish an Innovation Corridor program, which shall provide grants for major projects in the state. The department shall develop a competitive application process and criteria consistent with the purposes of the state's Economic Action Plan to (1) evaluate [proposals] applications submitted pursuant to this subsection, and (2) select [proposals] projects for funding pursuant to subdivision (1) of subsection (a) of this section.
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(c) On and after July 1, 2021, and until [July 1] June 30, 2024, the [Commissioner] Department of Economic and Community Development may establish a [competitive grant program to provide matching grants of not more than ten million dollars for major projects selected pursuant to subsection (b) of this section. Each major project selected pursuant to subsection (b) of this section shall be eligible for a matching grant under this subsection not more than two times a year. The commissioner shall establish eligibility criteria, an application process, evaluation criteria and reporting requirements for the competitive grant program] Connecticut Communities Challenge program, which shall provide community development grants. The department shall develop a competitive application process and criteria consistent with the purposes of the state's Economic Action Plan to (1) evaluate applications submitted pursuant to this subsection, and (2) select community development projects for funding pursuant to subdivision (2) of subsection (a) of this section. Sec. 156. Subsection (h) of section 10-416c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): (h) The Department of Economic and Community Development may charge any owner seeking a tax credit pursuant to subsection (b) of this section an application fee in an amount not to exceed ten thousand dollars to (1) cover the cost of administering the program established pursuant to this section, and (2) fund programs that advance historic preservation in the state. Sec. 157. Subparagraph (C) of subdivision (2) of subsection (a) of section 32-1m of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2022): (C) An investment analysis, including (i) total portfolio value, (ii) total investment by industry, (iii) portfolio dollar per job average, and
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(iv) portfolio leverage ratio; Sec. 158. (Effective from passage) The Commissioner of Economic and Community Development shall, in consultation with the Commissioner of Revenue Services, conduct a study regarding whether to extend research and development tax credits to pass-through entities. Not later than January 1, 2023, the commissioner shall report, in accordance with the provisions of section 11-4a of the general statutes, regarding such study to the joint standing committee of the General Assembly having cognizance of matters relating to commerce. Sec. 159. Subsection (b) of section 22a-134tt of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): (b) The commissioner, or his or her designee, shall co-chair and convene, in conjunction with the Commissioner of Economic and Community Development, or his or her designee, a working group in the department for the purpose of providing advice and feedback for regulations to be adopted by the commissioner in accordance with the provisions of this section. The Commissioner of Economic and Community Development, or his or her designee, shall serve as co-chair of such working group. The membership of the working group shall include: (1) The chairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to the environment and commerce; (2) environmental transaction attorneys; (3) commercial real estate brokers; (4) licensed environmental professionals; (5) representatives from the Connecticut Manufacturers' Collaborative; (6) representatives of environmental advocacy groups; (7) representatives of the Environmental Professionals Organization of Connecticut; (8) municipal representatives; (9) representatives from the brownfields working group established pursuant to section 32-770; (10) representatives of the Connecticut Conference of Municipalities and the Connecticut Council
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of Small Towns; (11) representatives of the Council on Environmental Quality; and (12) any other interested members of the public designated by the commissioner. The commissioner shall convene monthly meetings of such working group until such time as regulations are adopted pursuant to this section. Not less than sixty days before posting notice on the eRegulations System pursuant to section 4-168, the commissioner shall provide a draft of such regulations to the members of the working group and allow members of the working group to provide advice and feedback on such draft. The members of the working group shall provide such advice and feedback not later than thirty days after the date on which such members receive such draft. Not less than fifteen days before posting such notice on the eRegulations System pursuant to section 4-168, the commissioner shall convene at least one monthly meeting of the working group after providing a draft of such regulations. The commissioner shall provide a revised draft for review by such members prior to posting notice on the eRegulations System pursuant to section 4-168. Sec. 160. (NEW) (Effective from passage) (a) On or before July 1, 2023, the Chief Workforce Officer, in consultation with the Commissioner of Education, the executive director of the Technical Education and Career System and the Labor Commissioner, shall develop a model student work release policy. Not later than July 1, 2023, the Chief Workforce Officer shall report, in accordance with the provisions of section 11-4a of the general statutes, regarding such model student work release policy to the joint standing committees of the General Assembly having cognizance of matters relating to education, commerce and labor. (b) The Chief Workforce Officer may update the model student work release policy developed pursuant to subsection (a) of this section as needed. The Chief Workforce Officer shall notify each local and regional board of education of such updated model student work release policy. (c) For the school year commencing July 1, 2024, and each school year
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thereafter, each local and regional board of education shall adopt the model student work release policy developed pursuant to subsection (a) of this section or the most recent updated model student work release policy developed pursuant to subsection (b) of this section. Sec. 161. Section 3-7 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): (a) Except as otherwise provided in this subsection, any uncollectible claim for an amount of [one] five thousand dollars or less may be cancelled upon the books of any state department or agency upon the authorization of the head of such department or agency. Any uncollectible costs in an amount less than five thousand dollars incurred by the Commissioner of Energy and Environmental Protection pursuant to section 22a-451, for investigating, containing, removing, monitoring or mitigating pollution and contamination, emergency or hazardous waste may be cancelled by the commissioner, in accordance with procedures approved by the State Comptroller. (b) The Secretary of the Office of Policy and Management may authorize the cancellation upon the books of any state department or agency of any uncollectible claim for an amount greater than [one] five thousand dollars due to such department or agency. (c) Upon the recommendation of the Attorney General, the Governor may authorize the compromise of any disputed claim by or against the state or any department or agency thereof, and shall certify to the proper officer or department or agency of the state the amount to be received or paid under such compromise. Such certificate shall constitute sufficient authority to such officer or department or agency to pay or receive the amount therein specified in full settlement of such claim. The record of any compromise effected pursuant to the provisions of this section shall be open to public inspection in accordance with section 1- 210.
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Sec. 162. Section 22a-246c of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) There is established a beverage container recycling grant program account. All moneys in such account shall be used by the Department of Energy and Environmental Protection to provide forgivable grants in urban centers and environmental justice communities in accordance with the beverage container recycling grant program described in subsection (b) of this section. For the purposes of this section "urban center" has the same meaning as "regional center", as contained in the state plan of conservation and development, as amended from time to time, "environmental justice community" has the same meaning as provided in section 22a-20a and "beverage container" and "redemption center" have the same meanings as provided in section 22a-243. (b) The Department of Energy and Environmental Protection shall implement the beverage container recycling grant program. The beverage container recycling grant program shall provide funding for new or expanded beverage container redemption centers that are located in communities that lack access to beverage container redemption locations. Such grant program shall prioritize the award of such grants to first-time redemption center owners and those that are locally-owned, minority-owned and women-owned businesses. When awarding grants pursuant to such program, the Commissioner of Energy and Environmental Protection, or the commissioner's designee, shall consider current access to beverage container redemption sites, walking distances to such sites, public access to reliable transportation, population density, customer convenience, type of redemption technology to be deployed and the volume of beverage containers sold in the relevant community. (c) Grant proceeds received pursuant to the beverage container recycling grant program may be used for infrastructure, technology and
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costs associated with the establishment or expansion of a beverage container redemption center and for initial operational expenses of such redemption center. The Commissioner of Energy and Environmental Protection, shall issue, not later than December 1, 2021, a grant application process that distributes such grant proceeds. [described in subsection (d) of this section, on a rolling basis.] [(d) Any grant awarded pursuant to the grant program described in this section shall not exceed one hundred fifty thousand dollars in any fiscal year.] [(e)] (d) Any person or entity that receives a grant pursuant to the beverage container recycling grant program shall, not later than October first of each year, submit to the Commissioner of Energy and Environmental Protection a financial audit of grant expenditures by such person or entity until all grant moneys have been expended by such person or entity. Any such audit shall be prepared by an independent auditor and if said commissioner finds that any such grant is used for purposes that are not in conformity with uses set forth in this section, said commissioner may require repayment of such grant. Sec. 163. Subsection (a) of section 16-245a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2022): (a) Subject to any modifications required by the Public Utilities Regulatory Authority for retiring renewable energy certificates on behalf of all electric ratepayers pursuant to subsection (h) of this section and sections 16a-3f, 16a-3g, 16a-3h, 16a-3i, 16a-3j, 16a-3m and 16a-3n, an electric supplier and an electric distribution company providing standard service or supplier of last resort service, pursuant to section 16- 244c, shall demonstrate: (1) On and after January 1, 2006, that not less than two per cent of the
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total output or services of any such supplier or distribution company shall be generated from Class I renewable energy sources and an additional three per cent of the total output or services shall be from Class I or Class II renewable energy sources; (2) On and after January 1, 2007, not less than three and one-half per cent of the total output or services of any such supplier or distribution company shall be generated from Class I renewable energy sources and an additional three per cent of the total output or services shall be from Class I or Class II renewable energy sources; (3) On and after January 1, 2008, not less than five per cent of the total output or services of any such supplier or distribution company shall be generated from Class I renewable energy sources and an additional three per cent of the total output or services shall be from Class I or Class II renewable energy sources; (4) On and after January 1, 2009, not less than six per cent of the total output or services of any such supplier or distribution company shall be generated from Class I renewable energy sources and an additional three per cent of the total output or services shall be from Class I or Class II renewable energy sources; (5) On and after January 1, 2010, not less than seven per cent of the total output or services of any such supplier or distribution company shall be generated from Class I renewable energy sources and an additional three per cent of the total output or services shall be from Class I or Class II renewable energy sources; (6) On and after January 1, 2011, not less than eight per cent of the total output or services of any such supplier or distribution company shall be generated from Class I renewable energy sources and an additional three per cent of the total output or services shall be from Class I or Class II renewable energy sources;
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(7) On and after January 1, 2012, not less than nine per cent of the total output or services of any such supplier or distribution company shall be generated from Class I renewable energy sources and an additional three per cent of the total output or services shall be from Class I or Class II renewable energy sources; (8) On and after January 1, 2013, not less than ten per cent of the total output or services of any such supplier or distribution company shall be generated from Class I renewable energy sources and an additional three per cent of the total output or services shall be from Class I or Class II renewable energy sources; (9) On and after January 1, 2014, not less than eleven per cent of the total output or services of any such supplier or distribution company shall be generated from Class I renewable energy sources and an additional three per cent of the total output or services shall be from Class I or Class II renewable energy sources; (10) On and after January 1, 2015, not less than twelve and one-half per cent of the total output or services of any such supplier or distribution company shall be generated from Class I renewable energy sources and an additional three per cent of the total output or services shall be from Class I or Class II renewable energy sources; (11) On and after January 1, 2016, not less than fourteen per cent of the total output or services of any such supplier or distribution company shall be generated from Class I renewable energy sources and an additional three per cent of the total output or services shall be from Class I or Class II renewable energy sources; (12) On and after January 1, 2017, not less than fifteen and one-half per cent of the total output or services of any such supplier or distribution company shall be generated from Class I renewable energy sources and an additional three per cent of the total output or services
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shall be from Class I or Class II renewable energy sources; (13) On and after January 1, 2018, not less than seventeen per cent of the total output or services of any such supplier or distribution company shall be generated from Class I renewable energy sources and an additional four per cent of the total output or services shall be from Class I or Class II renewable energy sources; (14) On and after January 1, 2019, not less than nineteen and one-half per cent of the total output or services of any such supplier or distribution company shall be generated from Class I renewable energy sources and an additional four per cent of the total output or services shall be from Class I or Class II renewable energy sources; (15) On and after January 1, 2020, not less than twenty-one per cent of the total output or services of any such supplier or distribution company shall be generated from Class I renewable energy sources and an additional four per cent of the total output or services shall be from Class I or Class II renewable energy sources, except that for any electric supplier that has entered into or renewed a retail electric supply contract on or before May 24, 2018, on and after January 1, 2020, not less than twenty per cent of the total output or services of any such electric supplier shall be generated from Class I renewable energy sources; (16) On and after January 1, 2021, not less than twenty-two and one- half per cent of the total output or services of any such supplier or distribution company shall be generated from Class I renewable energy sources and an additional four per cent of the total output or services shall be from Class I or Class II renewable energy sources; (17) On and after January 1, 2022, not less than twenty-four per cent of the total output or services of any such supplier or distribution company shall be generated from Class I renewable energy sources and an additional four per cent of the total output or services shall be from
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Class I or Class II renewable energy sources; (18) On and after January 1, 2023, not less than twenty-six per cent of the total output or services of any such supplier or distribution company shall be generated from Class I renewable energy sources and an additional four per cent of the total output or services shall be from [Class I or] Class II renewable energy sources; (19) On and after January 1, 2024, not less than twenty-eight per cent of the total output or services of any such supplier or distribution company shall be generated from Class I renewable energy sources and an additional four per cent of the total output or services shall be from [Class I or] Class II renewable energy sources; (20) On and after January 1, 2025, not less than thirty per cent of the total output or services of any such supplier or distribution company shall be generated from Class I renewable energy sources and an additional four per cent of the total output or services shall be from [Class I or] Class II renewable energy sources; (21) On and after January 1, 2026, not less than thirty-two per cent of the total output or services of any such supplier or distribution company shall be generated from Class I renewable energy sources and an additional four per cent of the total output or services shall be from [Class I or] Class II renewable energy sources; (22) On and after January 1, 2027, not less than thirty-four per cent of the total output or services of any such supplier or distribution company shall be generated from Class I renewable energy sources and an additional four per cent of the total output or services shall be from [Class I or] Class II renewable energy sources; (23) On and after January 1, 2028, not less than thirty-six per cent of the total output or services of any such supplier or distribution company shall be generated from Class I renewable energy sources and an
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additional four per cent of the total output or services shall be from [Class I or] Class II renewable energy sources; (24) On and after January 1, 2029, not less than thirty-eight per cent of the total output or services of any such supplier or distribution company shall be generated from Class I renewable energy sources and an additional four per cent of the total output or services shall be from [Class I or] Class II renewable energy sources; (25) On and after January 1, 2030, not less than forty per cent of the total output or services of any such supplier or distribution company shall be generated from Class I renewable energy sources and an additional four per cent of the total output or services shall be from [Class I or] Class II renewable energy sources. Sec. 164. Subdivision (1) of subsection (h) of section 16-244c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2022): (h) (1) Notwithstanding the provisions of subsection (b) of this section regarding an alternative standard service option, an electric distribution company providing standard service, supplier of last resort service or back-up electric generation service in accordance with this section shall contract with its wholesale suppliers to comply with the renewable portfolio standards. The Public Utilities Regulatory Authority shall annually conduct an uncontested proceeding in order to determine whether the electric distribution company's wholesale suppliers met the renewable portfolio standards during the preceding year. On or before December 31, 2013, the authority shall issue a decision on any such proceeding for calendar years up to and including 2012, for which a decision has not already been issued. Not later than December 31, 2014, and annually thereafter, the authority shall, following such proceeding, issue a decision as to whether the electric distribution company's wholesale suppliers met the renewable portfolio standards
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during the preceding year. An electric distribution company shall include a provision in its contract with each wholesale supplier that requires the wholesale supplier to pay the electric distribution company an amount of: (A) For calendar years up to and including calendar year 2017, five and one-half cents per kilowatt hour if the wholesale supplier fails to comply with the renewable portfolio standards during the subject annual period, (B) for calendar years commencing on January 1, 2018, up to and including the calendar year commencing on January 1, 2020, five and one-half cents per kilowatt hour if the wholesale supplier fails to comply with the renewable portfolio standards during the subject annual period for Class I renewable energy sources, and two and one-half cents per kilowatt hour if the wholesale supplier fails to comply with the renewable portfolio standards during the subject annual period for Class II renewable energy sources, and (C) for calendar years commencing on and after January 1, 2021, four cents per kilowatt hour if the wholesale supplier fails to comply with the renewable portfolio standards during the subject annual period for Class I renewable energy sources, and two and one-half cents per kilowatt hour if the wholesale supplier fails to comply with the renewable portfolio standards during the subject annual period for Class II renewable energy sources. The electric distribution company shall promptly transfer any payment received from the wholesale supplier for the failure to meet the renewable portfolio standards to the Clean Energy Fund for the development of Class I renewable energy sources, provided, on and after June 5, 2013, any such payment shall be refunded to ratepayers by using such payment to offset the costs to all customers of electric distribution companies of the costs of contracts and tariffs entered into pursuant to sections 16-244r, 16-244t and 16-244z, except that, on or after January 1, 2023, any such payment that is attributable to a failure to comply with the Class II renewable portfolio standards shall be deposited in the sustainable materials management account established pursuant to section 167 of this act. Any excess amount remaining from such payment shall be applied to reduce the costs of contracts entered
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into pursuant to subdivision (2) of this subsection, and if any excess amount remains, such amount shall be applied to reduce costs collected through nonbypassable, federally mandated congestion charges, as defined in section 16-1. Sec. 165. Subsection (k) of section 16-245 of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2022): (k) Any licensee who fails to comply with a license condition or who violates any provision of this section, except for the renewable portfolio standards contained in subsection (g) of this section, shall be subject to civil penalties by the Public Utilities Regulatory Authority in accordance with section 16-41, including direction that a portion of the civil penalty be paid to a nonprofit agency engaged in energy assistance programs named by the authority in its decision or notice of violation, the suspension or revocation of such license and a prohibition on accepting new customers following a hearing that is conducted as a contested case in accordance with chapter 54. Notwithstanding the provisions of subsection (b) of section 16-244c regarding an alternative transitional standard offer option or an alternative standard service option, the authority shall require a payment by a licensee that fails to comply with the renewable portfolio standards in accordance with subdivision (4) of subsection (g) of this section in the amount of: (1) For calendar years up to and including calendar year 2017, five and one-half cents per kilowatt hour, (2) for calendar years commencing on January 1, 2018, and up to and including the calendar year commencing on January 1, 2020, five and one-half cents per kilowatt hour if the licensee fails to comply with the renewable portfolio standards during the subject annual period for Class I renewable energy sources, and two and one-half cents per kilowatt hour if the licensee fails to comply with the renewable portfolio standards during the subject annual period for Class II renewable energy sources, and (3) for calendar years commencing on and after
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January 1, 2021, four cents per kilowatt hour if the licensee fails to comply with the renewable portfolio standards during the subject annual period for Class I renewable energy sources, and two and one- half cents per kilowatt hour if the licensee fails to comply with the renewable portfolio standards during the subject annual period for Class II renewable energy sources. On or before December 31, 2013, the authority shall issue a decision, following an uncontested proceeding, on whether any licensee has failed to comply with the renewable portfolio standards for calendar years up to and including 2012, for which a decision has not already been issued. On and after June 5, 2013, the Public Utilities Regulatory Authority shall annually conduct an uncontested proceeding in order to determine whether any licensee has failed to comply with the renewable portfolio standards during the preceding year. Not later than December 31, 2014, and annually thereafter, the authority shall, following such proceeding, issue a decision as to whether the licensee has failed to comply with the renewable portfolio standards during the preceding year. The authority shall allocate such payment to the Clean Energy Fund for the development of Class I renewable energy sources, provided, on and after June 5, 2013, any such payment shall be refunded to ratepayers by using such payment to offset the costs to all customers of electric distribution companies of the costs of contracts and tariffs entered into pursuant to sections 16-244r, 16-244t and section 16-244z, except that, on and after January 1, 2023, any such payment that is attributable to a failure to comply with the Class II renewable portfolio standards shall be deposited in the sustainable materials management account established pursuant to section 167 of this act. Any excess amount remaining from such payment shall be applied to reduce the costs of contracts entered into pursuant to subdivision (2) of subsection (j) of section 16-244c, and if any excess amount remains, such amount shall be applied to reduce costs collected through nonbypassable, federally mandated congestion charges, as defined in section 16-1.
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Sec. 166. Subsection (a) of section 16a-3i of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2022): (a) During the calendar year commencing January 1, 2014, and continuing each calendar year thereafter, if alternative compliance payments pursuant to subsection [(j)] (h) of section 16-244c or subsection (k) of section 16-245 are made for failure to meet the renewable portfolio standards, there shall be a presumption for the calendar year the alternative compliance payments are made that there is an insufficient supply of Class I renewable energy sources, as defined in section 16-1, for electric suppliers or electric distribution companies to comply with the requirements of section 16-245a. Sec. 167. (NEW) (Effective October 1, 2022) (a) There is established an account to be known as the sustainable materials management account which shall be a separate, nonlapsing account within the General Fund. The account shall contain moneys collected by the alternative compliance payment for Class II renewable portfolio standards pursuant to subsection (h) of section 16-244c of the general statutes and subsection (k) of section 16-245 of the general statutes. The Commissioner of Energy and Environmental Protection shall expend moneys from the account for the purposes of the program established under this section. (b) On and after January 1, 2023, the Commissioner of Energy and Environmental Protection shall establish and administer a sustainable materials management program to support solid waste reduction in the state through the provision of funding from the sustainable materials management account for purposes, including, but not limited to, grants, revolving loans, technical assistance, consulting services and waste characterization studies, to support programs and projects implemented by entities, including, but not limited to, municipalities, nonprofits and regional waste authorities. Such programs and projects
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shall promote affordable, sustainable and self-sufficient management of waste within the state by reducing solid waste generation or diverting solid waste from disposal, consistent with the state-wide solid waste management plan established pursuant to section 22a-228 of the general statutes. (c) Not later than January 1, 2024, and annually thereafter, the Department of Energy and Environmental Protection shall submit a report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to the environment and energy and technology detailing the expenditures of any funds disbursed from the sustainable materials management account established in subsection (a) of this section and the outcomes associated with such expenditures. Sec. 168. Section 32-657 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): [(a) The secretary shall prepare each fiscal year an annual operating and capital budget for the stadium facility and no later than ninety days prior to the start of the fiscal year, the secretary shall submit the budget to the Comptroller. Not more than forty-five days after submission by the secretary, the Comptroller shall submit any comments to the secretary. Thereafter, the secretary shall submit a copy of such budget to the joint standing committees of the General Assembly having cognizance of matters relating to finance, revenue and bonding and appropriations.] [(b)] (a) The secretary is authorized to establish with the Treasurer and administer a separate nonlapsing enterprise fund to be known as the "Stadium Facility Enterprise Fund". All revenues received by the secretary with respect to the use, operation and management of the stadium facility, including revenues from stadium parking and the sale of naming rights and including any General Fund appropriation or
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other moneys received from federal, state, municipal and private sources for purposes of stadium facility operations, shall be deposited with the Treasurer to the credit of such fund, except as otherwise provided in subsection [(d)] (c) of this section. Earnings on investments of amounts on deposit in the Stadium Facility Enterprise Fund shall be retained in and used for purposes of such fund. The secretary is authorized to pay, and the resources of such fund shall be available for and applied to, the costs and expenses of stadium facility operations, to the extent not otherwise paid as provided in subsection [(d)] (c) of this section. Such payments shall be made by the Treasurer on warrants issued by the Comptroller, upon order of the secretary or a designee. [(c)] (b) A capital replacement reserve subaccount shall be established within the Stadium Facility Enterprise Fund, to be known as the "stadium facility capital replacement account". Any surplus remaining in the Stadium Facility Enterprise Fund at the end of any fiscal year, to the extent not required, in the judgment of the secretary, to be reserved for the purpose of scheduled or other future maintenance or repairs, the addition or replacement of furniture, fixtures and equipment, working capital, or the funding of projected operating deficits or similar contingencies, shall be transferred to the stadium facility capital replacement account. Any General Fund appropriation or other moneys received from federal, state, municipal or private sources for purposes of capital additions or replacements at the stadium facility, other than the amount made available to the secretary by United Technologies Corporation for traffic and road improvements pursuant to the authority granted in subsection (g) of section 32-656, shall be deposited with the Treasurer to the credit of such subaccount. Moneys in the stadium facility capital replacement account shall be available and used for the costs of capital replacements, restorations, alterations, improvements, additions and enhancements to the stadium facility, including the costs of maintenance and repairs for which funds are not otherwise available in the Stadium Facility Enterprise Fund. Requisition
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and payment from the stadium facility capital replacement account shall be in accordance with the procedures established in subsection [(b)] (a) of this section with respect to the Stadium Facility Enterprise Fund generally, except that the order of the secretary with respect thereto shall include a certification that the costs for which payment is requested are capital costs in accordance with the current capital budget or are capital costs not anticipated in the current capital budget but necessary in order to repair, restore or reconstruct the stadium facility following a casualty loss, to preserve the structural integrity of the stadium facility, to protect public health or safety, or to avoid an interruption in stadium facility operations. [(d)] (c) Notwithstanding the provisions of subsection [(b)] (a) of this section, (1) the secretary is authorized to enter into agreements including, but not limited to, lease, license, management, marketing, ticketing, merchandising or concession agreements, which provide for the collection, retention or sharing of facility revenues by the university, the authority or other public or private entities, provided (A) such arrangements are not inconsistent in any material respect with the operating budget, are otherwise on terms not materially less favorable to the state than the terms customary in the industry for similar facilities and arrangements, except in the case of the university or the authority to the extent otherwise contemplated in the master development plan, and (B) such arrangements do not result in private business use of the stadium facility for purposes of Section 141(b) of the Internal Revenue Code to an extent that would result in an event of taxability with respect to any bonds issued on a tax-exempt basis, and (2) in order to facilitate stadium facility operations on a day-to-day basis, with the approval of the Treasurer and the Comptroller the secretary is authorized to establish, or cause to be established under agreements with the stadium facility manager, at a bank or banks in this state, a box office account to receive and hold ticket receipts and event specific escrow accounts to hold rental, security and similar deposits pending the occurrence of an
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event and event reconciliation and from which such receipts and deposits may be disbursed in accordance with industry standard practices, a revenue account for the purpose of collecting revenues from stadium facility operations on a daily basis, and an operating expense account for the purpose of paying reasonable and prudent expenses of stadium facility operations on a daily basis, and such subaccounts within the revenue account and the operating expense account as the secretary deems appropriate to segregate and account separately for the revenues and expenses of catering, concessions, parking or other ancillary activities, and the secretary may transfer amounts in the revenue account to the operating expense account as necessary to provide for the payment of expenses of stadium facility operations in accordance with accounting and payment procedures approved by the Comptroller, and the stadium facility manager may, in accordance with accounting and payment procedures approved by the Comptroller, pay expenses of stadium facility operations directly from the operating expense account; provided, if at the end of any calendar month there is on deposit in the revenue account and the operating expense account amounts in the aggregate in excess of the projected expenses of stadium facility operations for the next succeeding three calendar months, such excess shall be promptly transferred by the secretary to the Stadium Facility Enterprise Fund. The determination of what constitutes reasonable and prudent expenses of stadium facility operations shall be made with due regard for customary practices at comparable facilities hosting similar events. [(e)] (d) Moneys in the box office account and any event specific escrow account, and any interest thereon, shall not be deemed to be state moneys for purposes of sections 4-32 and 4-33 until recognized as revenues of stadium facility operations upon event reconciliation in accordance with standard industry practices. [(f)] (e) The establishment of the revenue account, the operating
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expense account and any other account holding state moneys associated with the stadium facility, and any cash management and overnight investment features of such accounts, shall be subject to the approval of the Comptroller and Treasurer pursuant to sections 4-32 and 4-33. The interest and earnings on any such investments of funds in the revenue account, the operating expense account and any other account holding state moneys associated with the stadium facility shall be treated as revenues from stadium facility operations. Any such investments or investment arrangements shall be made or approved by the Treasurer. [(g)] (f) The Stadium Facility Enterprise Fund, the revenue account, the operating expense account and any other account holding state moneys associated with the stadium facility shall be subject to the provisions of sections 3-112, 3-114, 4-32 and 4-33, except to the extent inconsistent with express provisions of this section, and shall be audited as provided in section 1-122 by the Auditors of Public Accounts. Sec. 169. Section 4b-17 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): (a) (1) The Commissioner of Administrative Services, on behalf of the state, may purchase from TEN Companies, Inc., in accordance with the Asset Purchase Agreement dated November 4, 2008, by and [among] between the state, acting by and through the Commissioner of Administrative Services, and TEN Companies, Inc., which Asset Purchase Agreement is hereby ratified and approved, the district heating and cooling system that provides heating and cooling service to state facilities within the Capitol District and to other nonstate facilities, as listed in the Asset Purchase Agreement dated November 4, 2008, and which is known as the Capitol Area System, including all assets and property necessary for the operation of said system, as described in the Asset Purchase Agreement dated November 4, 2008. The commissioner may assume all vendor contracts, customer contracts, supplier agreements [,] and third-party contracts with regard to said system. The
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commissioner may undertake any obligation and enter into any agreement to accomplish any transaction that is necessary to carry out the provisions of this section or said Asset Purchase Agreement, including the grant or acceptance of any release set forth in said Asset Purchase Agreement. (2) The Commissioner of Administrative Services, on behalf of the state, may purchase from CDECCA Property Company, LLC, in accordance with a purchase and sale agreement, by and between the state, acting by and through the Commissioner of Administrative Services, and CDECCA Property Company, LLC, for the operation of the Capitol Area System, the energy production plant located at 490 Capitol Avenue in the city of Hartford, including the related land, buildings, improvements, equipment and fixtures, that produces and provides steam and heated and chilled water to the Capitol Area System for heating and cooling service to state and nonstate facilities, together with all assets and property described in such purchase and sale agreement. The commissioner may assume all vendor contracts, customer contracts, supplier agreements and third-party contracts with regard to said system. The commissioner may undertake any obligation and enter into any agreement to accomplish any transaction that is necessary to carry out the provisions of this section or such purchase and sale agreement. (b) To the extent any provision in an agreement executed or assumed by the [commissioner] Commissioner of Administrative Services pursuant to subsection (a) of this section may be interpreted as waiving the sovereign immunity of the state, including, without limitation, indemnification provisions, such provision is effective and enforceable against the state solely in accordance with its specific terms. Nothing in this subsection shall be construed as a waiver of the sovereign immunity of the state in any other context. (c) In order to operate the Capitol Area System, the [commissioner]
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Commissioner of Administrative Services may: (1) [Furnish, from] Construct or acquire energy production plants located in the city of Hartford [,] for the purpose of furnishing heat or air conditioning, or both, by means of steam, heated or chilled water or other medium; (2) lay and maintain mains, pipes or other conduits; (3) erect such other fixtures as are, or may be, necessary or convenient in and on the streets, highways and public grounds of said city, for the purpose of carrying steam, heated or chilled water or other medium from such plants to the location to be served and returning the same; and (4) lease to one or more corporations formed or specially chartered for the purpose of furnishing heat or air conditioning, or both, one or more of such plants or distribution systems owned by it and constructed or adapted for either or both such purposes. (d) The Commissioner of Administrative Services may perform all obligations of the state relating to or arising from any agreement between the state and TEN Companies, Inc., or the state and CDECCA Property Company, LLC. (e) The Commissioner of Administrative Services may (1) enter into contracts with third parties for the procurement of energy products and services or for the operation and maintenance of, and repairs and improvements to, the Capitol Area System; (2) provide energy products and services, as produced from said system or distributed by said system, to any buildings owned by, or leased to, the state or any instrumentality of the state; (3) sell energy products and services, as produced from said system or distributed by said system, to the owners or tenants of buildings not owned by the state; (4) occupy and use rights- of-way necessary to own, maintain, repair, improve and operate said system in and on the streets, highways and public grounds of the city of Hartford, on all property owned by the state and on property where [the] said system is located, and to serve public and private end use customers; (5) lay and maintain mains, pipes or other conduits, and erect
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such other fixtures as are, or may be, necessary or convenient in and on the streets, highways and public grounds of said city, for the purpose of carrying energy products to the location to be served and returning the same; and (6) enter into contracts with third parties for the procurement of other products and services, and provide or sell other products or services to the state or to the owners or tenants of buildings not owned by the state, that are being produced, provided or distributed through said system, or any part thereof, prior to, or as of, April 23, 2009. (f) The Commissioner of Administrative Services may: (1) Grant easements with respect to land owned by the state in connection with the operation of the Capitol Area System, subject to the approval of the agency having supervision of the care and control of such land and the State Properties Review Board; (2) acquire easements with respect to land not owned by the state in connection with said system, subject to the approval of the State Properties Review Board; (3) enter into leases for any type of space or facility necessary to meet the needs of operating said system, subject to the approval of the State Properties Review Board; and (4) when the General Assembly is not in session, the commissioner may, subject to the provisions of section 4b-23, purchase or acquire for the state any land, or interest therein, if such action is necessary for the operation of said system. The commissioner shall provide notice of any easement granted pursuant to subdivision (1) of this subsection to the chief elected official of the municipality and the members of the General Assembly representing the municipality, in which such land is located. (g) The Commissioner of Administrative Services may establish and administer an account to be known as the public works heating and cooling energy revolving account, which shall be used for: (1) The deposit of receipts from the sale of Capitol Area System energy products and services to state agencies or to the owners or tenants of buildings not owned by the state; and (2) [for] the payment of expenses related to
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the operation, maintenance, repair and improvement of the Capitol Area System and, if purchased pursuant to subdivision (2) of subsection (a) of this section, the energy production plant located at 490 Capitol Avenue in the city of Hartford that provides steam and heated and chilled water for said system. The commissioner may expend funds necessary for all reasonable direct expenses related to said account. (h) For the provision of energy products and services, the Commissioner of Administrative Services shall periodically invoice and collect a pro rata share of the costs described in this subsection from each state agency and owner or tenant of the buildings on the Capitol Area System that are not owned by the state, to the extent not prohibited by contracts in effect as of November 4, 2008. The [Commissioner of Administrative Services] commissioner shall periodically submit proposed rate setting methods and proposed rates to the Secretary of the Office of Policy and Management for the secretary's approval. No such method or rate shall be effective without the secretary's approval. Rates shall be based on: (1) A pro rata share of all costs, including for legal and consultant services, of acquiring [the] said system [, including all costs for legal and consultant services] and, if applicable, the energy production plant located at 490 Capitol Avenue in the city of Hartford, including the related land, buildings, improvements, equipment and fixtures; (2) a pro rata share of the cost of such energy products or services, whether produced by the state or purchased from third parties; (3) a pro rata share of [any and] all costs, including for services provided by vendors and for equipment, of operating, maintaining and repairing said system [, including the cost of services provided by vendors and the cost of equipment] and, if applicable, said energy production plant, including the related land, buildings, improvements, equipment and fixtures; (4) a pro rata share of an amount determined to be necessary for long-term capital improvements or replacement, which amount shall be specifically identified in the public works heating and cooling energy revolving account, and allocated for long-term capital improvements or
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replacement; (5) a pro rata share of the Department of Administrative Services' personnel costs related to the operation, maintenance, repair and improvement of [the Capitol Area System] said system, provided not more than one full-time employee of the department shall be allocated to [the] said system; and (6) a pro rata share of the cost of other products or services incurred and permitted by this section. Not more than forty-five days after receipt of a proposed rate setting method or a proposed rate from the commissioner, the [Secretary of the Office of Policy and Management] secretary shall approve or disapprove such proposed method or rate. If the secretary fails to act on such proposed method or rate within such period, the commissioner's proposal shall be deemed to have been approved. On a quarterly basis, the [Commissioner of Administrative Services] commissioner shall transmit to the General Fund any portion of the costs that are attributable to the provisions of subdivision (1) of this subsection. (i) Nothing in this section shall be construed to limit the state's use of the Capitol Area System [by the state] to its use or functional capacity as of the date of its purchase by the state or, if applicable, the state's use of the energy production plant located at 490 Capitol Avenue in the city of Hartford to its use or functional capacity as of the date of its purchase by the state. (j) Except as expressly required by the provisions of this section, the acquisition of the Capitol Area System by the Commissioner of Administrative Services, and any transaction necessary for such acquisition, shall not be subject to any other review, approval or authorization by any other state agency, board, department or instrumentality and shall not be subject to any otherwise applicable sales or conveyance tax or taxes. (k) Nothing in this section shall be construed to prohibit the state from reselling the Capitol Area System to a third party if it is determined that such resale is in the best interest of the state.
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Sec. 170. Section 38a-497 of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) Each individual health insurance policy providing coverage of the type specified in subdivisions (1), (2), (4), (6), (10), (11) and (12) of section 38a-469 delivered, issued for delivery, amended, renewed or continued in this state shall provide that coverage of a child, stepchild or other dependent child shall terminate not earlier than the policy anniversary date after the date on which the child, stepchild or other dependent child attains the age of twenty-six. (b) Each individual health insurance policy described in subsection (a) of this section, and each individual health insurance policy providing coverage of the type specified in subdivision (16) of section 38a-469 delivered, issued for delivery, amended, renewed or continued in this state, that includes or provides dental or vision coverage shall provide that dental or vision coverage of a child, stepchild or other dependent child shall terminate not earlier than the policy anniversary date after the date on which the child, stepchild or other dependent child attains the age of twenty-six. (c) Each policy subject to this section shall cover a stepchild or other dependent child on the same basis as a biological child. (d) Coverage for a child, stepchild or other dependent child under an insurance policy provided by the Comptroller for state employees or nonstate public employees pursuant to section 5-259 shall terminate not earlier than the end of the calendar year of the year in which the first of the following occurs: (1) The date such child, stepchild or other dependent child becomes covered under a group health plan through such dependent child's own employment; or (2) the date on which such dependent child attains the age of twenty-six.
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(e) The provisions of subsection (d) of this section shall apply to insurance policies delivered, issued for delivery, amended, renewed or continued on or after July 1, 2022. Sec. 171. Section 38a-512b of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) Each group health insurance policy providing coverage of the type specified in subdivisions (1), (2), (4), (6), (10), (11) and (12) of section 38a- 469 delivered, issued for delivery, amended, renewed or continued in this state shall provide that coverage of a child, stepchild or other dependent child shall terminate not earlier than the policy anniversary date after the date on which the child, stepchild or other dependent child attains the age of twenty-six. (b) Each group health insurance policy described in subsection (a) of this section, and each group health insurance policy providing coverage of the type specified in subdivision (16) of section 38a-469 delivered, issued for delivery, amended, renewed or continued in this state, that includes or provides dental or vision coverage shall provide that dental or vision coverage of a child, stepchild or other dependent child shall terminate not earlier than the policy anniversary date after the date on which the child, stepchild or other dependent child attains the age of twenty-six. (c) Each policy subject to this section shall cover a stepchild or other dependent child on the same basis as a biological child. (d) Coverage for a child, stepchild or other dependent child under an insurance policy provided by the Comptroller for state employees or nonstate public employees pursuant to section 5-259 shall terminate not earlier than the end of the calendar year of the year in which the first of the following occurs: (1) The date such child, stepchild or other
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dependent child becomes covered under a group health plan through such dependent child's own employment; or (2) the date on which such dependent child attains the age of twenty-six. (e) The provisions of subsection (d) of this section shall apply to insurance policies delivered, issued for delivery, amended, renewed or continued on or after July 1, 2022. Sec. 172. Section 10-183b of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): As used in this chapter, unless the context otherwise requires: (1) "Actuarial reserve basis" means a basis under which the liabilities of the retirement system are determined under acceptable actuarial methods and under which assets are accumulated under a program designed to achieve a proper balance between the accumulated assets and the liabilities of the system. (2) "Amortization of unfunded liabilities" means: (A) For fiscal years ending on or before June 30, 2019, a systematic program of annual payments determined as a level per cent of expected member annual salaries in lieu of a lump sum payment; and (B) for fiscal years ending on or after June 30, 2020, a systematic program of annual payments, transitioning equally over five consecutive fiscal years from a level per cent of expected annual member salaries to a level payment, in lieu of a lump sum payment. (3) "Annual salary" means the annual salary rate for service as a Connecticut teacher during a school year but not including unused sick leave, unused vacation, terminal pay, coaching or extra duty assignments, unless compensation for coaching or extra duty assignment was included in salary for which contributions were made prior to July 1, 1971. In no event shall annual salary include amounts
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determined by the board to be included for the purpose of inflating the member's average annual salary. The inclusion in annual salary of amounts paid to the member, in lieu of payment by the employer for the cost of benefits, insurance, or individual retirement arrangements which in prior years had been paid by the employer and not included in the member's annual salary, shall be prima facie evidence that such amounts are included for the purpose of inflating the member's average annual salary. Annual salary shall not (A) include payments the timing of which may be directed by the member, (B) include payments to a superintendent pursuant to an individual contract between such superintendent and a board of education, of amounts which are not included in base salary, or (C) exceed the maximum amount allowed under Section 401(a)(17) of the Internal Revenue Code for the applicable limitation year, provided in no event shall the limitation under Section 401(a)(17) of the Internal Revenue Code apply to the annual salary of a member whose membership began prior to January 1, 1996, if such limitation would reduce the amount of the member's annual salary below the amount permitted for calculation of the member's retirement benefit under chapter 167a, without regard to the limitation under Section 401(a)(17) of the Internal Revenue Code. Annual salary shall include amounts paid to the member during a sabbatical leave during which mandatory contributions were remitted, provided such member returned to full-time teaching for at least five full years following the completion of such leave. (4) "Average annual salary" means the average [annual salary received during the three years of highest salary] of the three highest annual salaries received as an active member. (5) "Board" means the Teachers' Retirement Board. (6) "Child" means a natural child, an adopted child, or a stepchild of a deceased member who has been a stepchild for at least one year immediately prior to the date on which the member died. A child is a
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"dependent child" of a deceased member if at the time of the member's death (A) the member was living with the child or providing or obligated to provide, by agreement or court order, a reasonable portion of the support of the child, and (B) the child (i) is unmarried and has not attained age eighteen, or (ii) is disabled and such disability began prior to the child's attaining age eighteen. (7) "Contributions" means amounts withheld pursuant to this chapter and paid to the board by an employer from compensation payable to a member. Prior to July 1, 1989, "mandatory contributions" are contributions required to be withheld under this chapter and consist of five per cent regular contributions and "one per cent contributions". From July 1, 1989, to June 30, 1992, "mandatory contributions" are contributions required to be withheld under this chapter and consist of five per cent regular contributions and one per cent health contributions. From July 1, 1992, to June 30, 2004, "mandatory contributions" are contributions required to be withheld under this chapter and consist of six per cent "regular contributions" and one per cent health contributions. From July 1, 2004, to December 31, 2017, "mandatory contributions" are contributions required to be withheld under this chapter and consist of six per cent regular contributions and one and one-fourth per cent health contributions. From January 1, 2018, to December 31, 2019, inclusive, "mandatory contributions" are contributions required to be withheld under this chapter and consist of seven per cent "regular contributions" and one and one-fourth per cent health contributions. On and after January 1, 2020, "mandatory contributions" are contributions required to be withheld under this chapter and consist of seven per cent "regular contributions" and one and one-fourth per cent health contributions, except that no health contributions shall be required for an employee of the state that (A) has completed the vesting service necessary to receive health benefits provided to retired state employees, and (B) does not participate in any group health insurance plans maintained for retired teachers. Nothing
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in this subdivision shall affect any other obligation of such a state employee to contribute to the state's retiree health care trust fund. "Voluntary contributions" are contributions by a member authorized to be withheld under section 10-183i. (8) "Coparticipant" means a person who the member elects at the time of retirement to receive guaranteed lifetime benefits upon the death of the member. [(8)] (9) "Credited interest" means interest at the rate from time to time fixed by the board consistent with industry standards and practices. Such interest shall be applied to a member's account based on the balance as of the previous June thirtieth. Credited interest shall [be assessed] accrue on any mandatory contributions which were due but not remitted prior to the close of the school year for which salary was paid. [(9)] (10) "Current service" means service rendered in the current fiscal year. [(10)] (11) "Dependent former spouse" means a former spouse of a deceased member who (A) has in his or her care a dependent child of the deceased member; and (B) was receiving, or was entitled to receive, from the deceased member at the time of the death of the deceased member, at least one-half of his or her support; and (C) has not remarried; and (D) is the parent of the child or adopted the child while married to the member and before the child attained age eighteen or, while married to the member, both of them adopted the child before the child attained age eighteen. [(11)] (12) "Dependent parent" means a parent of a deceased member who (A) has reached the age of sixty-five; and (B) has not married after the death of the member; and (C) was receiving at least one-half of his or her support from the member at the time of the member's death and
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files proof of such support within two years of the date of the member's death; and (D) is not receiving, or entitled to a federal or state old age benefit based on the parent's own earnings, equal to or greater than the amount the parent would be entitled to as a dependent parent under this chapter. A "parent of a deceased member" is (i) the mother or father of a deceased member, [; or] (ii) a stepparent of a deceased member by a marriage entered into before the member attained age sixteen, [;] or (iii) an adopting parent of a deceased member who adopted the deceased member before the member attained age sixteen. [(12)] (13) "Designated beneficiary" means a person designated on a form prescribed by the board by a member to receive amounts [which] that may become payable under this chapter as the result of the member's death. [whether before or after retirement.] If a designated beneficiary is not living at the time of the death of a member, the amounts that would have been payable to the designated beneficiary shall be paid to the member's estate. [(13)] (14) "Disabled" means the inability to perform any teaching service, whether or not such service is performed full-time or part-time, in a public or nonpublic school or a nonschool setting, on a volunteer basis or for compensation, within or without the state, or engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that (A) is permanent or can be expected to last continually for not less than twelve months from the onset of such impairment, or (B) can be expected to result in death or to be of long- continued and indefinite duration, except that during the first twenty- four months that a member is receiving a disability allowance, "disabled" means the inability to perform the usual duties of [his] the member's occupation by reason of any such impairment. [(14)] (15) "Employer" means an elected school committee, a board of education, the State Board of Education, the Office of Early Childhood, the Technical Education and Career System, the Board of Regents for
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Higher Education or any of the constituent units, the governing body of the Children's Center and its successors, The University of Connecticut Board of Trustees, the E. O. Smith School, [and] or any other activity, institution or school employing members. [(15)] (16) "Formal leave of absence" means any absence from active service in the public schools of Connecticut formally granted by a member's employer as evidenced by contemporary records of the employer, provided in the case of an absence due to illness, medical or other evidence of such illness may, at the discretion of the Teachers' Retirement Board, be accepted in lieu of evidence of the formal granting of a leave. [(16)] (17) "Formal application of retirement" means: (A) the member's application, birth certificate or notarized statement supported by other evidence satisfactory to the board, in lieu thereof, (B) records of service, if such records are required by the board to determine a salary rate or years of creditable service, (C) a statement of payment plan, including, if applicable, the fixed period of time selected by a member under Plan C or the coparticipant's share designated under Plan D, (D) in the case of an application for a disability benefit, a physician's, a physician assistant's or an advanced practice registered nurse's statement of health, and (E) any other documentation required by the board. [(17)] (18) "Funding" means the accumulation of assets in advance of the payment of retirement allowances in accordance with a [definite actuarial program] board-approved actuarial methodology. [(18)] (19) "Member" means any Connecticut teacher employed (A) on, and compensated for, the first school day, in accordance with the member's contractual schedule, and (B) for an average of at least one- half of each school day after the first school day, except that no teacher who under any provision of the general statutes elects not to participate
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in the system shall be a member unless and until the teacher elects to participate in the system. [Members] A member teaching in a nonpublic school classified as a public school by the board under the provisions of this section may continue as [members] a member as long as [they continue as teachers] the member continues to be a teacher in such school even if the school ceases to be so classified. A former teacher who has not withdrawn his or her accumulated contributions shall be an "inactive member". A member who, during the period of a formal leave of absence granted by his or her employer, but not exceeding an aggregate of ten school months, continues to make mandatory contributions to the board, retains his or her status as an active member. [(19)] (20) "Normal cost" means the amount of contribution which the state is required to make into the retirement fund in order to meet the actuarial cost of current service. [(20)] (21) "Public school" means any day school conducted within or without this state under the orders and superintendence of a duly elected school committee, a board of education, the State Board of Education, the Office of Early Childhood, the Board of Regents for Higher Education, or any of its constituent units, The University of Connecticut Board of Trustees, the board of governors or any of its constituent units, the Technical Education and Career System, the E. O. Smith School, the Children's Center and its successors, the State Education Resource Center established pursuant to section 10-4q of the 2014 supplement to the general statutes, revision of 1958, revised to January 1, 2013, the State Education Resource Center established pursuant to section 10-357a, joint activities of boards of education authorized by subsection (b) of section 10-158a and any institution supported by the state at which teachers are employed or any incorporated secondary school not under the orders and superintendence of a duly elected school committee or board of education but located in a town not maintaining a high school and
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providing free tuition to pupils of the town in which it is located, and which has been approved by the State Board of Education under the provisions of part II of chapter 164, provided that such institution or such secondary school is classified as a public school by the retirement board. [(21)] (22) "Retirement allowance" means payments for life derived from member contributions, including credited interest, and contributions from the state. (23) "Retired member" means a member who receives a retirement benefit computed pursuant to section 10-183g. [(22)] (24) "School year" means the twelve months ending on June thirtieth of each year. [(23)] (25) "Surviving spouse" means a widow or widower of a deceased member who (A) was living with the member at the time of the member's death, or receiving, or entitled by court order or agreement to receive, regular support payments from the member, and (B) has not remarried. [(24) "Survivors"] (26) "Survivor" means a surviving spouse, a dependent former spouse, a dependent child and a dependent parent. [(25)] (27) "System" means the Connecticut teachers' retirement system. [(26)] (28) "Teacher" means any: (A) [any] Person, including, but not limited to, a teacher, permanent substitute teacher, principal, assistant principal, supervisor, assistant superintendent or superintendent who is employed by [the] a public [schools] school in a professional capacity while possessing a certificate or permit, except a school business administration endorsement, issued by the State Board of Education, provided on and after July 1, 1975, such certificate shall be for the
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position in which the person is then employed, except as provided for in section 10-183qq; [,] (B) [certified personnel] person possessing a certificate or permit issued by the State Board of Education, who was hired before July 1, 2022, and who [provide] provides health and welfare services for children in a nonprofit [schools] school, as provided in section 10-217a, under an oral or written agreement; [,] (C) [any] person who is engaged in teaching or supervising [schools] in a program in the state that leads to a high school diploma at a school for adults if the annual salary paid for such service is equal to or greater than the minimum salary paid for a regular, full-time teaching position in the day schools in the town where such service is rendered; [,] (D) [a] member of the professional staff [of] employed in an educational role at the State Board of Education, the Office of Early Childhood, [or of] the Board of Regents for Higher Education or any of the constituent units, or the Technical Education and Career System; (E) faculty member employed by The University of Connecticut in an educational role; and [(E) a member of the staff of] (F) staff member employed in an educational role at the State Education Resource Center established pursuant to section 10-4q of the 2014 supplement to the general statutes, revision of 1958, revised to January 1, 2013, or the State Education Resource Center established pursuant to section 10-357a, employed in a professional capacity while possessing a certificate or permit issued by the State Board of Education, provided such staff member was hired prior to July 1, 2022. A "permanent substitute teacher" is [one] a person who serves as [such for at least ten months during any school year] a substitute teacher in the same assignment for an entire school year. [(27)] (29) "Unfunded liability" means the actuarially determined value of the liability for service before the date of the actuarial valuation less the accumulated assets in the retirement fund. [(28)] (30) "Internal Revenue Code" means the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the
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United States, as from time to time amended, and any regulations promulgated under or interpretations of said code that may affect this chapter. [(29)] (31) "Limitation year" means the twelve-month period beginning each July first and ending each June thirtieth. (32) "Educational role" or "educational capacity" means having duties and responsibilities that would require a certificate issued by the State Department of Education if performed in a public school. Sec. 173. Subsection (a) of section 10-183c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) The Connecticut teachers' retirement system is established to provide retirement and other benefits for teachers, their survivors and beneficiaries. On or after a member vests in the system by becoming eligible to receive a retirement benefit pursuant to section 10-183f, or accumulates ten years of credited service in the system, as defined in subsection (a) of section 10-183e, whichever is later, the member's benefit under sections 10-183e, 10-183f, 10-183g, 10-183h, 10-183j and 10- 183aa is contractual in nature and no public or special act of the General Assembly shall diminish such benefit, provided this section shall apply only to an active member who is vested on October 1, 2003, or to a member who vests or accumulates ten years of credited service on or after October 1, 2003, and shall apply to the member's benefit in existence on October 1, 2003, or to the member's benefit in existence on the date the member vests or accumulates ten years of credited service, respectively, whichever is later. Sec. 174. Section 10-183e of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) (1) A member shall receive a month of credited service for each
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month of service, from September to June, inclusive, as a teacher, provided the [Teachers' Retirement Board may grant a member] member makes the mandatory contribution for each month. Ten months of credited service shall be deemed to be one year of credited service. A member may not accumulate more than one year of credited service during any school year. (2) The board may grant a member a month of credited service for a month during which such member was employed after the first school day but not later than the fifth school day of such month if [(1)] (A) such month was the member's first month of service as a teacher, [and (2)] (B) such month of credited service is needed by the member in order to qualify for a normal retirement benefit, [. Ten months of credited service shall be equal to one year of credited service. A member may not accumulate more than one year of credited service during any school year] and (C) the mandatory contribution for such month is paid. (b) Any member may purchase, as provided in subsection (c) of this section, additional credited service, but not to exceed an aggregate of one year in the case of service described in subdivision (2) of this subsection for each two years of active full-time service as a Connecticut teacher; and not to exceed an aggregate of one year in the case of absence described in subdivision (8) of this subsection for each five years of active full-time service as a Connecticut teacher, provided if any such absence exceeds thirty consecutive school months, such additional credited service shall be limited to thirty school months; and not to exceed an aggregate of ten years for all service described in this subsection, except for service described in subdivision (2) of this subsection. In no event may any service described in this subsection be purchased if the member is receiving or is, or will become, entitled to receive a retirement benefit based upon such service from any governmental system other than the teachers' retirement system or the federal Social Security System. Additional credited service includes:
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(1) Service as a teacher in a school for military dependents established by the United States Department of Defense; (2) Service as a teacher in a public school of another state of the United States, its territories or possessions; (3) Service in the armed forces of the United States in time of war, as defined in section 27-103, or service in said armed forces during the period beginning October 27, 1953, and ending January 31, 1955; (4) Service in a permanent full-time position for the state; (5) Service as a teacher at The University of Connecticut prior to July 1, 1965; (6) Service as a teacher at the Wheeler School and Library, North Stonington, prior to September 1, 1949; (7) Service as a teacher at the Gilbert Home, Winsted, prior to September 1, 1948; (8) Any formal leave of absence as provided in regulations adopted by the board, if the member subsequently returns to service for at least one school year; (9) Service as a teacher at the American School [at Hartford] for the Deaf, the Connecticut Institute for the Blind or the Newington Children's Hospital; (10) Forty or more days of service as a substitute teacher, or the equivalent service rendered at less than half-time, in a single public school system within the state of Connecticut in any school year, provided (A) eighteen days of such service shall equal one month of credited service under subsection (a) of this section, and (B) on and after July 1, 2022, such days of service shall be rendered within one school year;
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(11) Service in the armed forces of the United States, other than service described in subdivision (3) of this subsection, not to exceed thirty months; (12) Service as a full-time, salaried, elected official of the state or any political subdivision of the state during the 1978 calendar year or thereafter, if such member subsequently returns to service as a teacher in a public school for at least one school year; (13) Service in the public schools of Connecticut as a member of the federal Teacher Corps, not to exceed two years; (14) Service in the United States Peace Corps; (15) Service in the United States VISTA (Volunteers in Service to America) program; (16) Service in the public schools of Connecticut as a social work assistant, from January 1, 1969, to December 31, 1986, inclusive, if such member became a certified school social worker and remained in service in the public [school service] schools of Connecticut as a social worker after certification; and (17) Service prior to July 1, 2007, as a member of the staff of the State Education Resource Center established pursuant to section 10-4q of the general statutes, revision of 1958, revised to January 1, 2007, employed in a professional capacity while possessing a certificate or permit issued by the State Board of Education. (c) Credited service described in subdivisions (3), (8) and (10) of subsection (b) of this section shall be deemed to be service in the public schools of Connecticut. [(c)] (d) Additional credited service [must] shall be purchased by a member (1) prior to the [time] effective date of such member's
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retirement, or (2) at the time a surviving spouse elects benefits under the provisions of subsection (d) of section 10-183h. [, or (3) at the time benefits commence as provided under sections 10-183g and 10-183jj.] Any purchase of such service shall be accomplished by the member paying to the board an amount determined on the basis of actuarial factors adopted by the board that reflect the present value of one-half of the full actuarial cost of the benefit increase that will be derived by the purchase of such service, except that in the case of purchase of service described in subdivision (17) of subsection (b) of this section, or in the case of purchase of service described in subdivision (2) of said subsection (b) in excess of ten years, the present value of the full actuarial cost. Such factors shall consider the member's age at the time of purchase, actual or projected salary, and the earliest date on which the member would be eligible for a normal retirement allowance. Payments for additional credited service may be made in a lump sum by transfer of funds from the member's accumulated one per cent contributions withheld prior to July 1, 1989, with credited interest and accumulated voluntary contributions with credited interest plus such other amounts as may be required to complete the purchase. [(d) For the purpose of determining eligibility for benefits under section 10-183f, credited service purchased under subsection (b) of this section shall not be used except that (1) service in a school for military dependents described in subdivision (1) of subsection (b) of this section and out-of-state public school service described in subdivision (2) of said subsection (b) shall be used to determine eligibility for a normal retirement benefit based upon thirty-five years of credited service and for an early retirement benefit; and (2) military service described in subdivision (3) of said subsection (b), any leave of absence described in subdivision (8) of said subsection (b) and substitute service described in subdivision (10) of said subsection (b) shall be used as if they were service in the public schools of Connecticut.
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(e) For purposes of computing benefit amounts under section 10- 183g, other than proratable benefits and deferred vested retirement benefits, credited service purchased under subsection (b) of this section shall be used in the same manner as credited service described in subsection (a) of this section. In computing proratable benefits, purchased service credits shall be used as set forth in subsection (b) of section 10-183g. In computing deferred vested retirement benefits, purchased service credits shall be used as set forth in subsection (d) of section 10-183g. In computing the lump sum death benefit under section 10-183h, military service described in subdivision (3) of subsection (b) of this section and leaves of absence described in subdivision (8) of said subsection (b) shall be used as if they were service in the public schools of Connecticut.] [(f)] (e) For purposes of computing benefit amounts under section 10- 183g, whole months of credited service, including additional credited service, in excess of whole years shall be used in determining aggregate accumulations of credited service. [(g)] (f) Any member who has been elected to a full-time or part-time position in an organization which has been duly designated as the teachers' representative or who has been elected to a full-time or part- time position in a state-wide, national or international bargaining organization may, during the time such member so serves, continue membership and may make, or have made for such member, payments of contributions for such time, provided the organization which such member represents shall pay the full actuarial cost that would otherwise be incurred by the state for the time such member serves in excess of one year. If payment is made during such periods or at any time before retirement, such member shall receive credit for such service and shall be considered as serving as a [public school] teacher in the [state] the public schools of Connecticut for the purpose of computing length of service, and for the purpose of computing average annual salary, and
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shall be considered by the retirement board as though such member were remaining in such member's latest teaching position. Sec. 175. Section 10-183g of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) The normal retirement benefit shall be two per cent times the number of years of full-time credited service and a proportional fraction of two per cent times the number of years of credited service at less than full-time multiplied by average annual salary. In no event, however, shall such benefit exceed seventy-five per cent of such salary or be less than three thousand six hundred dollars. (b) The proratable retirement benefit shall be computed as follows: Average annual salary multiplied by (1) number of years of credited service [, excluding all additional credited service, except service described in subdivisions (3), (8) and (10) of subsection (b) of section 10- 183e,] in the public schools of Connecticut multiplied by the applicable percentage based on age and service as determined from the table below, and (2) number of years of all additional credited service not used in subdivision (1) of this subsection multiplied by one per cent.
TABLE
AGE OF RETIREMENT
Years Of
Connecticut
Service 60 61 62 63 64 65 66 67 68 69 70
10 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0
11 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1
12 1.2 1.2 1.2 1.2 1.2 1.2 1.2 1.2 1.2 1.2 1.2
13 1.3 1.3 1.3 1.3 1.3 1.3 1.3 1.3 1.3 1.3 1.3
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14 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4
15 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5
16 1.6 1.6 1.6 1.6 1.6 1.6 1.6 1.6 1.6 1.6 1.6
17 1.7 1.7 1.7 1.7 1.7 1.7 1.7 1.7 1.7 1.7 1.7
18 1.8 1.8 1.8 1.8 1.8 1.8 1.8 1.8 1.8 1.8 1.8
19 1.9 1.9 1.9 1.9 1.9 1.9 1.9 1.9 1.9 1.9 1.9
20 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0
(c) The early retirement benefit shall be computed in the same manner as the normal retirement benefit, then actuarially reduced, on the basis of early retirement tables adopted from time to time by the board, for each month early retirement precedes the minimum age at which the member could have retired with a normal retirement benefit pursuant to subsection (a) of section 10-183f. [Such minimum age shall be such member's actual age at retirement plus the lesser of (1) the difference between such age and age sixty, or (2) the difference between thirty-five years and the sum of such member's years of Connecticut public school service plus all purchased leaves of absence, military and out-of-state public school service.] On and after July 1, 1999, any revisions to the early retirement tables shall be submitted to the Office of Policy and Management and the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies within one month of their adoption by the board. Any such revisions shall be accompanied by an actuarial certification of the costs associated with such revisions. (d) The deferred vested retirement benefit shall be computed as follows: Average annual salary multiplied by (1) number of years of credited service [, excluding all additional credited service, except service described in subdivisions (3), (8) and (10) of subsection (b) of section 10-183e,] in the public schools of Connecticut multiplied by two per cent, then actuarially reduced in the same manner as the early retirement benefit if the years of service which could have been
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rendered were less than twenty years by age sixty or by the subsequent date of retirement, and (2) number of years of all additional credited service not used in subdivision (1) of this subsection multiplied by one per cent. (e) Repealed by P.A. 79-541, S. 5, 6. (f) [In] (1) Except as provided in subdivision (2) of this subsection, in addition to a retirement benefit computed under subsections (a) to (d), inclusive, of this section and a disability allowance under subsections (a) to (g), inclusive, of section 10-183aa, a member shall receive a lump sum payment equal to the member's accumulated one per cent contributions withheld prior to July 1, 1989, and any voluntary contributions, with credited interest. Such lump sum shall be paid not later than three months after (A) the effective date of retirement, or (B) the date the first payment of a disability allowance under section 10- 183aa, is made, except the board may delay payment of such lump sum in extenuating circumstances. In the case of a delay in payment of the lump sum in extenuating circumstances, the board shall provide notice in writing to the member explaining the nature of the extenuating circumstances necessitating a delay in payment and an estimated time when the board expects to make the payment to the member. (2) In lieu of such lump sum, the member may elect to receive an actuarially equivalent annuity for life. [Such lump sum or] Payment of such annuity shall [be paid, or commenced to be paid,] commence when the first payment of the [other] retirement benefit computed under subsections (a) to (d), inclusive, of this section or a disability allowance under subsections (a) to (g), inclusive, of section 10-183aa whichever is earlier, is made. (g) A member's complete formal application for retirement, if sent by mail, shall be deemed to have been filed with the board on the date such application is postmarked. No benefit computed under subsections (a)
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to (d), inclusive, of this section and under subsections (a) to (g), inclusive, of section 10-183aa shall become effective until [the end of the calendar month of the filing by the] a member eligible for retirement under section 10-183f files with the board [of] a complete formal application for retirement and terminates service with such member's employer. Such benefit shall accrue from the first day of the month following [such] the calendar month in which such application is filed and payment of such benefit in equal monthly installments shall commence on the last day of the month in which such benefit begins to accrue. The initial payment of such benefit may be made not later than three months following the effective date of retirement, provided such payment shall be retroactive to such effective date. Upon a finding that extenuating circumstances relating to the health of a member caused a delay in the filing of the member's complete formal application, and such application is filed on or after July 1, 1986, the board may deem such application to have been filed up to three months earlier than the actual date of the filing. Upon a finding that extenuating circumstances related to the health of a member caused a delay in the filing of an election pursuant to subsection (g) of section 10-183aa, and such election is filed on or after July 1, 1986, the board may deem such election to have been filed as of the date such member's benefits would otherwise have been converted to a normal retirement [allowance, provided such member's disability allowance became effective on or before November 1, 1976, and such member attained the age of sixty on or after August 1, 1984] benefit under this section. (h) (1) A benefit computed under subsections (a) to (d), inclusive, of this section and under subsections (a) to (g), inclusive, of section 10- 183aa shall continue until the death of the member. (2) For any member who accumulates ten years of credited service in the public schools of Connecticut prior to July 1, 2019, the member's designated beneficiary shall be paid on the death of the member a lump
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sum amount equal to the sum of such member's accumulated regular contributions, including any one per cent contributions withheld prior to July 1, 1989, and any voluntary contributions plus credited interest that had been accrued to the date benefits commenced, less an amount equal to twenty-five per cent of the aggregate benefits paid to such member [prior to] through the month of the member's death. (3) For any member who accumulates ten years of credited service in the public schools of Connecticut on or after July 1, 2019, the member's designated beneficiary shall be paid on the death of the member a lump sum amount equal to the sum of such member's accumulated regular contributions, including any one per cent contributions withheld prior to July 1, 1989, and any voluntary contributions plus credited interest that had been accrued to the date benefits commenced, less an amount equal to fifty per cent of the aggregate benefits paid to such member [prior to] through the month of the member's death. (i) [In lieu of a benefit computed under subsections (a) to (d), inclusive, of this section and under subsections (a) to (g), inclusive, of section 10-183aa, a] A member [may] shall elect one of the benefit options described in section 10-183j or any other actuarially equivalent option which the board may offer from time to time. (j) Beginning the first day of January or July which follows nine months in retirement, a retired member who retired prior to September 1, 1992, or a member's successor beneficiary, except a person receiving survivor's benefits, shall be eligible for an annual five per cent cost of living allowance on any benefit except a benefit based upon such member's one per cent contributions or voluntary contributions. Such cost of living allowance shall be computed on the basis of the retirement benefits to which such retired member or successor beneficiary was entitled on the last day of the preceding December or June except benefits based upon one per cent or voluntary contributions. Such member's successor beneficiary means any person, other than such
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member, receiving benefits as the result of the election of a period certain option or a coparticipant option, including an election for such an option by a surviving spouse under subsection (d) of section 10-183h. The right to such allowance, or any portion thereof, may be waived by the person entitled thereto at any time. Any waiver shall remain in effect until the first day of the month following such person's death or the filing with the board of a written notice of cancellation of the waiver. Any allowance waived shall be forever forfeited. If on any subsequent first day of January or July the Teacher's Retirement Board determines that the National Consumer Price Index for urban wage earners and clerical workers for the twelve-month period ending on the last day of the preceding November or May has increased less than the cost of living allowance provided under this subsection, the cost of living allowance provided by this subsection shall be adjusted to reflect the change in such index provided such cost of living allowance shall not be less than three per cent. (k) Beginning the first day of January or July which follows nine months in retirement, a retired member who retired on or after September 1, 1992, or a member's successor beneficiary, except a person receiving survivor's benefits, shall be eligible for an annual cost of living allowance calculated in accordance with the provisions of subsections (l) or (m) of this section on any benefit except a benefit based upon such member's one per cent contributions or voluntary contributions. Such cost of living allowance shall be computed on the basis of the retirement benefits to which such retired member or successor beneficiary was entitled on the last day of the preceding December or June except benefits based upon one per cent or voluntary contributions. [Such member's successor beneficiary means any person, other than such member, receiving benefits as the result of the election of a period certain option or a coparticipant option, including an election for such an option by a surviving spouse under subsection (d) of section 10- 183h.] The right to such allowance, or any portion thereof, may be
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waived by the person entitled thereto at any time. Any waiver shall remain in effect until the first day of the month following such person's death or the filing with the board of a written notice of cancellation of the waiver. Any allowance waived shall be forever forfeited. (l) (1) Beginning the first day of January or July which follows nine months in retirement, a retired member who retired on or after September 1, 1992, or a member's successor beneficiary, except a person receiving survivor's benefits, shall be eligible for an annual cost of living allowance. The cost of living allowance shall be calculated by using the percentage cost of living adjustment granted by the Social Security Administration for the applicable year, computed on the basis of the retirement benefits to which such retired member or successor beneficiary was entitled on the last day of the preceding December or June except benefits based upon one per cent or voluntary contributions, provided no cost of living allowance shall exceed six per cent and provided further, if the total return earned by the trustees on the market value of the pension assets for the preceding fiscal year is less than six and nine-tenths per cent, any cost of living allowance granted shall not exceed one and one-half per cent. (2) A member entering the retirement system commencing on or after July 1, 2007, or such member's successor beneficiary, except a person receiving survivor's benefits, shall, beginning the first day of January or July that follows nine months in retirement, be eligible for an annual cost of living allowance as follows: The cost of living allowance shall be calculated by using the percentage cost of living adjustment granted by the Social Security Administration for the applicable year, computed on the basis of the retirement benefits to which such retired member or successor beneficiary was entitled on the last day of the preceding December or June, as applicable, except benefits based upon one per cent or voluntary contributions, provided (A) no cost of living allowance shall exceed five per cent, and (B) if the total return earned by
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the trustees on the market value of the pension assets for the preceding fiscal year is less than six and nine-tenths per cent, any cost of living allowance granted shall not exceed one per cent, if such total return for the preceding fiscal year is greater than six and nine-tenths per cent but less than nine and nine-tenths per cent, any cost of living allowance granted shall not exceed three per cent, and if such return exceeds nine and nine-tenths per cent, any cost of living allowance granted shall not exceed five per cent. (m) Repealed by P.A. 07-186, S. 14. (n) Repealed by P.A. 07-186, S. 14. (o) On January 1, 1988, each eligible retired member who had rendered at least twenty-five years of full-time service prior to normal retirement under the provisions of subsection (a) of section 10-183f, or such member's successor beneficiary, as defined in subsection (j) of this section, shall receive a single increase in retirement benefits provided under this chapter. Such increase shall be paid to such eligible members or successor beneficiaries whose monthly benefit as of December 31, 1987, before any reduction for an optional benefit payment plan, is less than eight hundred dollars, and shall be sufficient to increase such monthly benefit to eight hundred dollars. (p) On January 1, 1991, each eligible retired member who had rendered at least twenty-five years of full-time service at least twenty years of which were service in the public schools of Connecticut prior to early retirement before January 1, 1976, under the provisions of subsection (c) of section 10-183f, or such member's successor beneficiary, as defined in subsection (j) of this section, shall receive a single increase in retirement benefits provided under this chapter. Such increase shall be paid to such eligible members or successor beneficiaries whose monthly benefit as of December 31, 1990, before any reduction for an optional benefit payment plan, is less than eight hundred dollars, and
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shall be sufficient to increase such monthly benefit to eight hundred dollars. (q) On January 1, 1999, each eligible retired member who had rendered at least twenty-five years of full-time service, or such member's successor beneficiary, as defined in subsection (j) of this section, shall receive a single increase in benefits provided under this chapter. Such increase shall be sufficient to increase the monthly benefit of such eligible members or successor beneficiaries, whose monthly benefit as of December 31, 1998, before any actuarial reduction for early retirement or for an optional benefit payment plan, is less than twelve hundred dollars and shall be sufficient to increase such monthly benefit to twelve hundred dollars. (r) No retirement benefit payable under this chapter, including any cost of living allowance, shall exceed the maximum dollar limit in effect under Section 415(b) of the Internal Revenue Code for the applicable limitation year, as increased in subsequent years pursuant to Section 415(d) of the Internal Revenue Code. [A subsequent annual increase shall apply to a member if the increase becomes effective after the member retires or, if such increase becomes effective before a member retires, after the date on which such benefit begins to accrue.] (s) For purposes of this section, "successor beneficiary" means any person, other than the member, who is receiving benefits as the result of the election of a period certain option or a coparticipant option, including an election for such an option by a surviving spouse under subsection (d) of section 10-183h. Sec. 176. Section 10-183h of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) The basic monthly survivor's [monthly] benefit, subject to a family maximum of one thousand five hundred dollars, shall be (1) three
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hundred dollars each for a surviving spouse, plus twenty-five dollars for each year of service in excess of twelve years in the [Connecticut] public schools of Connecticut completed by the member, subject to a maximum monthly benefit of six hundred dollars, (2) three hundred dollars each for a dependent former spouse; for a dependent parent if there is no surviving spouse or dependent child; and for a legal guardian of any dependent child if there is no surviving spouse, dependent former spouse or dependent parent, and (3) three hundred dollars for each dependent child. In applying the family maximum, the benefit shall be first allocated to the child or children, with the excess allocated to the surviving spouse and any dependent former spouse in proportion to the amount each would receive according to the above formula. Payment of the benefit shall commence on the last day of the month following the month of the member's death. Such benefit shall continue through the month preceding the month in which the survivor dies or ceases to be eligible for such benefit. Such benefit to the legal guardian of dependent children shall continue until all such children are no longer dependent, as defined in section 10-183b. Notwithstanding the provisions of this subsection, any such surviving spouse, dependent former spouse, dependent parent or legal guardian may waive the right to payment of the benefit under this subsection in order that a designated beneficiary who is the child of the deceased member may receive such member's accumulated contributions plus credited interest. Such waiver shall be made prior to the payment of the benefit to any such surviving spouse, dependent former spouse, dependent parent or legal guardian. (b) [If no coparticipant option under 10-183j has become effective, a] A lump sum death benefit shall be payable to [the] a surviving spouse. Such benefit shall be one thousand dollars for five years or less of [Connecticut public school] service in the public schools of Connecticut, plus two hundred dollars for each year of credited service in the public schools of Connecticut in excess of five years, to a maximum of two
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thousand dollars. [For purposes of this subsection, purchased military service and purchased leaves of absence under subdivisions (3) and (8) of subsection (b) of section 10-183e shall be deemed to be Connecticut public school service.] If there is no surviving spouse, such benefit shall be equal to the member's burial expenses but not in excess of what would have been payable to a surviving spouse and shall be payable to the person who paid such expenses. No payment under this subsection shall be made unless application for the payment is filed with the board within two years of such member's death. (c) In lieu of [such] a basic survivor's benefit and [such] a lump sum death benefit, a sole survivor who has attained age eighteen, and is the member's designated beneficiary may elect to receive an amount equal to such member's accumulated contributions together with credited interest. [When a member has designated two or more beneficiaries, who have, at the time of such member's death, attained age eighteen, the one entitled to basic survivor's benefits, if any, shall be deemed the sole survivor within the meaning of this subsection, provided, that all other designated beneficiaries relinquish all claim to any amounts that may be due them from the system.] (d) The surviving spouse of any member who, at the time of death was eligible for a retirement benefit other than a disability benefit and had not filed a waiver of the coparticipant's option, may elect to receive (1) a monthly benefit for life equal to the benefit payable if a one hundred per cent coparticipant's option had been elected or (2) an amount equal to the member's accumulated contributions with credited interest. (e) If no coparticipant option has become effective and if the aggregate payments under this section are less than the accumulated mandatory contributions of a deceased member plus credited interest, there shall be paid to such member's designated beneficiary an amount equal to the difference between such aggregate payments and such
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accumulated mandatory contributions plus credited interest. (f) Notwithstanding the provisions of subparagraph (B) of subdivision [(23)] (25) of section 10-183b, benefits payable under this section to a surviving spouse shall not be terminated because of remarriage if such surviving spouse has attained the age of sixty. (g) If a member who has filed an application for retirement dies prior to the effective date of retirement, such member's spouse, if such spouse is designated on such application as the sole beneficiary, may elect to receive either (1) the preretirement death benefits as set forth in this section, or (2) the benefit payment option selected by the deceased member on such retirement application. Sec. 177. Section 10-183j of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) [In lieu of a normal, early, proratable or deferred vested benefit, a] A member [may] shall elect [either of the] one of the benefit options described in [subsections (b) and (c) of] this section. A member may amend or revoke such benefit option election by delivering written notice, signed by the member and notarized, to the board prior to the date of the member's retirement. A member's benefit option election may not be amended or revoked after the member's date of retirement. (b) A member may elect the Plan N single life option. A member electing this option shall receive benefits as described in section 10-183g. [(b) A] (c) A member may elect the Plan C period certain option. [may be elected in which the member receives] A member electing this option shall receive an actuarially reduced benefit for a fixed period of time selected by such member. [and for the remainder of such member's life.] Such member may select a fixed period of twenty-five years or such shorter period as the board may offer. If such member dies before receiving the benefit for the selected period, such benefit shall be paid
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to the member's designated beneficiary for the remainder of such period. If such member's designated beneficiary dies before such member, or if such member has no designated beneficiary and such member dies before receiving the benefit for the selected period, any remaining benefit shall be paid to such member's estate as a commuted value. If there are multiple designated beneficiaries and a designated beneficiary dies before the end of the selected period, the deceased designated beneficiary's remaining benefit shall be allocated equally to the remaining living designated beneficiaries. If a sole designated beneficiary dies before the end of such period, any remaining benefit shall be paid to the designated beneficiary's estate as a commuted value. [(c) A] (d) (1) A member may elect the Plan D coparticipant's option. [may be elected in which the member receives] A member electing this option shall receive an actuarially reduced benefit as [provided in] described in subdivision (2) of this subsection [(d) of this section] and, upon such member's death, one-third, one-half, two-thirds, three- fourths or all of such [amount is] benefit shall be paid to such member's designated beneficiary for life. Any member who elects this option shall select one designated beneficiary, who shall be such member's coparticipant. The member's selection of a designated beneficiary shall be irrevocable and shall terminate only as provided in this subsection. With respect to any benefits which become effective on or after January 1, 2001, if twenty-five per cent of the aggregate benefits paid to the member or such member's designated beneficiary are, upon the death of such member or such designated beneficiary, less than such member's accumulated contributions plus credited interest, the estate of such member or such designated beneficiary, as appropriate, shall be paid a lump sum amount equal to the difference between such aggregate benefits paid and such accumulated contributions plus credited interest. [(d)] (2) The benefits payable to [such] a member electing the Plan D coparticipant's option and such member's coparticipant shall be
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computed as follows: [(1)] (A) The benefit payable to such member at retirement and to such coparticipant upon such member's death shall be the actuarial equivalent of the normal, early, [or] proratable or deferred vested benefit for which such member is eligible and based upon such member's age at retirement and the age of such coparticipant on such retirement date. In the event the member predeceases the coparticipant, upon the death of the coparticipant, any remaining value in the account shall be paid in a lump sum to the coparticipant's estate. In the event (i) the coparticipant predeceases the member, (ii) the member and the coparticipant divorce, or (iii) the member and the coparticipant legally separate on or after July 1, 2020, the member's actuarially reduced benefit shall revert to an unreduced benefit under Plan N and, upon the member's death, any remaining value in the member's account shall be paid to the member's designated beneficiary, if any, or, if there is no designated beneficiary, to the member's estate. [(2) The benefit payable to such coparticipant of such member who dies after such option first becomes effective but before retirement shall be the actuarial equivalent of the normal, early or proratable benefit for which such member was eligible based on such member's age at death and the age of such coparticipant on such date of death.] [(3) (A)] (B) (i) Except as provided in this subparagraph, [(B) of this subdivision,] a coparticipant option shall be terminated, for any member whose designated coparticipant dies or is divorced from the member after the member's retirement, on the date of such death or divorce. Such member shall thereupon be paid the normal, early or proratable retirement benefit for which the member is eligible. [(B)] (ii) On and after July 1, 2016, upon the divorce of a member and the member's designated coparticipant or upon the legal separation of a member and such member's designated coparticipant occurring on or after July 1, 2020, and subsequent to the member's retirement, the
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member may retain the coparticipant designation and the coparticipant option elected at the time of retirement by filing a [qualified] domestic relations order with the board. Sec. 178. Section 10-183k of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) A member who voluntarily or involuntarily terminates [prior to] service with the member's employer, including termination due to the member's death, before retirement shall be entitled to have refunded his or her accumulated voluntary contributions with credited interest. (b) A member who voluntarily or involuntarily terminates service with the member's employer, including termination due to the member's death, before retirement with less than five [years'] years of credited service in the public schools of Connecticut shall be entitled to have refunded his or her accumulated regular contributions with credited interest. A member who voluntarily or involuntarily terminates service with the member's employer, including termination due to the member's death, before the member's retirement with more than five years of credited service shall be entitled to have refunded his or her accumulated regular contributions with credited interest and his or her accumulated one per cent contributions withheld prior to July 1, 1989. A member who elects to receive a refund of contributions in accordance with this subsection, shall have all credited service canceled and any right to benefits under this chapter shall be extinguished, except as provided in subsection (d) of this section. (c) A member who voluntarily or involuntarily terminates service with the member's employer, including termination due to the member's death, before retirement with more than ten years' credited service in the public schools of Connecticut [but prior to retirement] may elect to receive in lieu of the benefits provided by this chapter a refund of his or her accumulated contributions with credited interest as
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provided in subsection (b) of this section. If such member elects a refund, all credited service shall be cancelled and any rights to benefits provided by this chapter shall be extinguished, except as provided in subsection (d) of this section. If such member does not elect a refund, but dies before age sixty or before receiving the deferred vested benefit, if later, such member's [accumulated voluntary contributions,] accumulated regular contributions with credited interest and accumulated one per cent contributions withheld prior to July 1, 1989, [together with credited interest] shall be paid to such member's designated beneficiary. (d) A member who receives a refund and returns to service shall be regarded as a new member unless such member repays, subject to the requirements established by the board, the amount refunded, other than voluntary contributions and the interest thereon, together with credited interest compounded from the date interest was last credited to such member's account to the date of repayment. The credited service accumulated before termination and any unrefunded one per cent contributions withheld prior to July 1, 1989, and credited interest shall be restored to a member who makes such repayment. Restored contributions and interest shall be credited with credited interest for the period between the last day for which interest was credited on such contributions and such member's [return to service] date of repayment. Sec. 179. Section 10-183n of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) Each employer shall: (1) Before employing a teacher, notify such teacher of the provisions of this chapter applicable to such teacher; (2) distribute, post or otherwise disseminate in a timely manner, to teachers in its employ, any notices, bulletins, newsletters, annual statements of account and other information supplied by the board for the purpose of properly notifying teachers of their rights and obligations under the system; (3) furnish to the board at times designated by [said] the board
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such reports and information as the board deems necessary or desirable for the proper administration of the system; and (4) deduct each month [seven] eight and one-fourth per cent of one-tenth of such teacher's annual salary rate as directed by [said] the board and any additional voluntary deductions as authorized by such teacher. [, except that no deductions shall be made from any amounts received by regularly employed teachers for special teaching assignments rendered for the State Board of Education or the Board of Regents for Higher Education unless the salary for such special teaching assignment is equal to or greater than the minimum salary paid for such teacher's regular teaching assignment.] In the event an employer does not deduct the monthly amount for the member's mandatory contribution from the member's annual salary, as required and set forth in subdivision (4) of this subsection, the member shall remit such amount to the board. A member who fails to remit such amount to the board shall not receive annual salary rate credit for the amount to which the payment relates. (b) (1) Each local treasurer or other person having custody of amounts deducted under this chapter by an employer shall transmit and report such amounts to the board so that they are received by [said] the board no later than the fifth business day of the following month. On and after July 1, 2001, all such amounts shall be transmitted via electronic transfer of funds. [Such amounts] If the employer deducted such amount from the member's salary but failed to remit the payment to the board, the employer shall be responsible for paying the amount deducted for the mandatory contribution plus the credited interest due from the date the payment of the mandatory contribution amount was required to be made by the employer to the date the payment was received by the board. In the event the mandatory contribution amount is not received by the board, the member shall be ineligible for the associated service credit. The board shall not be required to refund credited interest for payments made to the board before the required due date.
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(2) All amounts transmitted to the board for member contributions shall at all times be the property of the system and while in the custody of such local treasurer or other person such person is a fiduciary with respect to such amounts and shall discharge a fiduciary's responsibilities solely for the benefit of the system. If such amounts are not accompanied by the reports and information deemed necessary or desirable by the board for the proper administration of the system, in accordance with subsection (a) of this section, the board may deem such amounts not received by the fifth business day of the following month for purposes of this subsection until the date on which such reports and information are received. [Said] The board shall be entitled to receive from an employer interest at the rate of nine per cent per year from the due date on all amounts deducted by such employer and not received by [said] the board by the fifth business day of the following month. Interest at the rate of nine per cent per year shall be compounded annually on the interest assessed from the date payment is received to the date the interest assessment is paid. Such interest shall be treated as an amount earned by assets of the system. (c) All amounts received by the board under this section shall be forwarded to the State Treasurer. (d) Each member shall file with the board [an enrollment and such other] such forms, documents and information as the board deems necessary or desirable for the proper administration of the system. Sec. 180. Section 10-183o of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): During any period when this country is at war, a board of education may [cause to be paid] pay to the retirement board the mandatory contributions of members who were in its employ at the time of entering into the armed forces, as defined in section 27-103, [. Such contributions as may be approved by the board of education shall be included in the
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annual itemized budget estimate of the costs of maintenance of public schools for the ensuing year] on behalf of such members, in accordance with the Uniformed Services Employment and Reemployment Rights Act, 38 USC Chapter 43, as amended from time to time. Sec. 181. Section 10-183q of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) The portion of each member's compensation deducted or to be deducted under this chapter and all rights of each member and of each survivor to receive benefits or other payments under this chapter: [shall] (1) Shall be exempt from the operation of any laws relating to bankruptcy or insolvency; and (2) shall not be subject to garnishment, attachment, execution, levy or any other similar legal process or order of any court, except such compensation shall be subject to a court- approved domestic relations order in favor of an alternate payee. No assignment of any right of a member or any other person to receive benefits or other payments from the system shall be valid. The funds of the system invested in personal property shall be exempt from taxation. (b) A person selected by the court as an alternate payee under an approved domestic relations order may elect, at the time and in the manner prescribed by the board, to have any portion of an eligible rollover distribution or trustee-to-trustee transfer paid directly to an eligible retirement plan by way of a direct rollover. Taxable funds may be distributed as a rollover if elected by such person. For purposes of this subsection, "eligible rollover distribution" and "eligible retirement plan" have the same meanings as provided in Section 402 of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time, except (1) a qualified trust shall be deemed an eligible retirement plan only if it accepts such person's eligible rollover distribution; and (2) in the case of an eligible rollover distribution to a surviving spouse, an eligible retirement plan means an individual retirement account or an
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individual retirement annuity, as defined in said section of the Internal Revenue Code of 1986. Sec. 182. Section 10-183t of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) The [retirement] board shall offer one or more health benefit plans to: Any member receiving retirement benefits or a disability allowance from the system; the spouse or surviving spouse of such member, and a disabled dependent of such member if there is no spouse or surviving spouse, provided such member, spouse, surviving spouse, or disabled dependent is participating in Medicare Part A hospital insurance and Medicare Part B medical insurance. The board may offer one or more basic plans, the cost of which to any such member, spouse, surviving spouse or disabled dependent shall be one-third of the basic plan's premium equivalent, and one or more optional plans, provided such member, spouse, surviving spouse or disabled dependent shall pay one- third of the basic plan's premium equivalent plus the difference in cost between any such basic plans and any such optional plans. The board shall designate those plans which are basic and those plans which are optional for the purpose of determining such cost and the amount to be charged or withheld from benefit payments for such plans. The surviving spouse of a member, or a disabled dependent of a member if there is no surviving spouse, shall not be ineligible for participation in any such plan solely because such surviving spouse or disabled dependent is not receiving benefits from the system. With respect to any person participating in any such plan, the state shall appropriate to the board one-third of the cost of such basic plan or plans, or one-third of the cost of the rate in effect during the fiscal year ending June 30, 1998, whichever is greater. [On and after July 1, 2012, federal reimbursements received by the retirement board under the retiree drug subsidy provisions of Medicare Part D shall be used to offset amounts appropriated by the state to the board pursuant to this subsection.]
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(b) (1) Any member who (A) is receiving retirement benefits or a disability allowance from the system, the spouse or surviving spouse of such member, or a disabled dependent of such member if there is no spouse or surviving spouse, and who is not participating in Medicare Part A hospital insurance and Medicare Part B medical insurance, and (B) meets the state's eligibility criteria for health insurance or is eligible to participate in the group health insurance plan offered by such member's last employing board of education, may fully participate in any or all group health insurance plans maintained for active teachers by such member's last employing board of education, or by the state in the case of a member who was employed by the state, upon payment to such board of education or to the state, as applicable, by such member, spouse, surviving spouse or disabled dependent, of the premium charged for [his] the member's form of coverage. Such premium shall be no greater than that charged for the same form of coverage for active teachers. (2) The member's spouse, surviving spouse or disabled dependent shall not be ineligible for participation in any such plan solely because such spouse, surviving spouse or disabled dependent is not receiving benefits from the system. No person shall be ineligible for participation in such plans for failure to enroll in such plans at the time the member's retirement benefit or disability allowance became effective. (3) Nothing in this subsection shall be construed to impair or alter the provisions of any collective bargaining agreement relating to the payment by a board of education of group health insurance premiums on behalf of any member receiving benefits from the system. Prior to the cancellation of coverage for any member, spouse, surviving spouse or disabled dependent for failure to pay the required premiums or cost due, the board of education or the state, if applicable, shall notify the Teachers' Retirement Board of its intention to cancel such coverage at least thirty days prior to the date of cancellation. Absent any contractual
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provisions to the contrary, the payments made pursuant to subsection (c) of this section shall be first applied to any cost borne by the member, spouse, surviving spouse or disabled dependent participating in any such plan. (4) As used in this subsection, "last employing board of education" means the board of education by which such member was employed when such member filed his or her initial application for retirement, and "health insurance plans" means hospital, medical, major medical, dental, prescription drug or auditory benefit plans that are available to active teachers. (c) (1) On and after July 1, [2000] 2022, the board shall pay a subsidy [equal to the subsidy paid in the fiscal year ending June 30, 2000] of two hundred twenty dollars, to the board of education or to the state, if applicable, on behalf of any member who is receiving retirement benefits or a disability allowance from the system, the spouse of such member, the surviving spouse of such member, or a disabled dependent of such member if there is no spouse or surviving spouse, who is participating in a health insurance plan maintained by a board of education or by the state, if applicable. Such payment shall not exceed the actual cost of such insurance. (2) With respect to any person participating in any such plan pursuant to subsection (b) of this section, the state shall appropriate to the board one-third of the cost of the subsidy, except that, for the fiscal year ending June 30, 2013, the state shall appropriate twenty-five per cent of the cost of the subsidy. On and after July 1, 2018, for the fiscal year ending June 30, 2019, and for each fiscal year thereafter, fifty per cent of the total amount appropriated by the state in each such fiscal year for the state's share of the cost of such subsidies shall be paid to the board on or before July first of such fiscal year, and the remaining fifty per cent of such total amount shall be paid to the board on or before December first of such fiscal year.
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(3) No payment to a board of education pursuant to this subsection may be used to reduce the amount of any premium payment on behalf of any such member, spouse, surviving spouse, or disabled dependent, made by such board pursuant to any agreement in effect on July 1, 1990. On and after July 1, [2012] 2022, the board shall pay a subsidy of [two hundred twenty] four hundred forty dollars per month on behalf of the member, spouse or the surviving spouse of such member who: (A) Has attained the normal retirement age to participate in Medicare, (B) is not eligible for Medicare Part A without cost, and (C) contributes at least [two hundred twenty] four hundred forty dollars per month towards his or her medical and prescription drug plan provided by the board of education. (d) The Treasurer shall establish a separate retired teachers' health insurance premium account within the Teachers' Retirement Fund. Commencing July 1, 1989, and annually thereafter all health benefit plan contributions withheld under this chapter in excess of five hundred thousand dollars shall, upon deposit in the Teachers' Retirement Fund, be credited to such account. Interest derived from the investment of funds in the account shall be credited to the account. Funds in the account shall be used for (1) payments to boards of education pursuant to subsection (c) of this section and for payment of premiums on behalf of members, spouses of members, surviving spouses of members or disabled dependents of members participating in one or more health insurance plans pursuant to subsection (a) of this section in an amount equal to the difference between the amount paid pursuant to subsection (a) of this section and the amount paid pursuant to subsection (c) of this section, and (2) payments for professional fees associated with the administration of the health benefit plans offered pursuant to this section. If, during any fiscal year, there are insufficient funds in the account for the purposes of all such payments, the General Assembly shall appropriate sufficient funds to the account for such purpose.
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(e) (1) Not later than the first business day of February, May, August and November of each year, each employer shall submit to the board, in a format required by the board, any information the board determines to be necessary concerning additions, deletions and premium changes for the health insurance subsidy program described in subsection (c) of this section. Any report received by the board after the due date shall be processed in the following quarterly cycle. An employer's failure to timely submit a quarterly report shall result in a delay of the subsidy for that quarter and the board shall pay the subsidy as a retroactive subsidy, as provided in subdivision (2) of this subsection. (2) Retroactive subsidy payments shall be limited to six months prior to the first day of the month in which the board receives an untimely report that includes newly eligible retired members or dependents. The board shall pay the subsidy retroactively to the effective date of the disability, provided any eligible members or dependents are added to the report not later than the first quarter following the board's approval of the disability and the member's disability allowance is initiated within four months of board approval. The employer shall hold any member or dependent harmless for any costs associated with, arising from or out of the loss of the benefit of the subsidy as a result of the employer's untimely or inaccurate filing of the quarterly report. Sec. 183. Subsection (b) of section 10-183v of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (b) A teacher receiving retirement benefits from the system may be reemployed for up to one full school year by a local board of education, the State Board of Education, the Technical Education and Career System or by any constituent unit of the state system of higher education (1) in a position designated by the Commissioner of Education as a subject shortage area for the school year in which the teacher is being employed, (2) at a school located in a school district identified as a
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priority school district, pursuant to section 10-266p, for the school year in which the teacher is being employed, (3) if the teacher graduated from a public high school in an educational reform district, as defined in section 10-262u, or (4) if the teacher graduated from an historically black college or university or a Hispanic-serving institution, as those terms are defined in the Higher Education Act of 1965, P.L. 89-329, as amended from time to time, and reauthorized by the Higher Education Opportunity Act of 2008, P.L. 110-315, as amended from time to time. Notice of such reemployment shall be sent to the board by the employer and by the retired teacher at the time of hire and at the end of the assignment. Such reemployment may be extended for one additional school year, not to exceed two school years over the lifetime of the retiree, provided the local board of education (A) submits a written request for approval to the Teachers' Retirement Board, (B) certifies that no qualified candidates are available prior to the reemployment of such teacher, and (C) indicates the type of assignment to be performed, the anticipated date of rehire and the expected duration of the assignment. Sec. 184. Section 10-183aa of the 2022 supplement to the general statutes is amended by adding subsection (h) as follows (Effective July 1, 2022): (NEW) (h) For purposes of this section, "active member" means a member who (1) is actively employed as a teacher at the time the member submits an application for disability benefits, or (2) was actively employed as a teacher not more than ninety days before the date the member submitted his or her application for disability benefits. Sec. 185. Section 10-183ff of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) Should any change or error in records result in any member or beneficiary receiving from the teachers' retirement system more or less than [he] the member or beneficiary would have been entitled to receive
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had the records been correct, then upon discovery of any such error the Teachers' Retirement Board shall notify the member or beneficiary affected. [and correct the same, and as far as practicable] The board shall, to the extent feasible, adjust the member's or beneficiary's payments [in such manner] so that the member or beneficiary is paid the actuarial equivalent of the benefit [to which such member or beneficiary] he or she was correctly entitled [shall] to be paid. [, provided if] If such [change or] error or adjustment results in any member or beneficiary receiving less than he [would have been] or she is eligible to receive, such member or beneficiary may elect to have such benefit paid in a single payment. The board may grant a request for a reimbursement of overdraft charges incurred by a member or beneficiary that resulted from an error in benefit payments, provided the member or beneficiary makes a request for such reimbursement in writing to the board not later than the last business day of the month after the error occurred. (b) If a member or beneficiary has been overpaid through no fault of his or her own, and [he] the member or beneficiary could not reasonably have been expected to detect the error, the board may waive any repayment which it [believes] determines would cause hardship. (c) Upon determination by the [Teachers' Retirement Board] board that any person has erroneously been included in membership in the teachers' retirement system, contributions and interest credited under the provisions of this chapter shall be refunded and records of related service voided. (d) Upon determination that the [Teachers' Retirement Board] board has invoiced a member for the purchase of additional credited service in an amount in excess of that permitted by law, and such member has paid the invoiced amount, the amount of the overpayment shall be refunded to such member with interest at a rate equal to the average of interest rates for the most recent ten-year period from the date of the
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member's retirement to the date such amount is refunded. [(e) Upon determination that a member has not purchased additional credited service which was invoiced to him in an amount in excess of that permitted by law, such member shall be given the opportunity at any time to make such purchase by the payment of the proper amount with interest to the date of payment. The additional benefit resulting from the credited service so purchased shall be made retroactive to the date of the member's retirement, and the aggregate amount of such additional benefit shall be paid to the member in a single payment together with interest calculated at a rate equal to the average of interest rates for the most recent ten-year period from the date each payment was due to the date such payment is made.] [(f)] (e) Upon determination by the [Teachers' Retirement Board] board that a member received, on or after November 1, 2008, an estimate of benefits statement from the board that contained a material error, the board shall pay the member the benefits set forth in such estimate if the board determines that (1) the member could not reasonably have been expected to detect such error, and (2) the member, in reliance upon such estimate, irrevocably submitted (A) his or her resignation to the employing board of education, and (B) a formal application of retirement to the [Teachers' Retirement Board] board. For purposes of this subsection, "material error" means an error that amounts to a difference of ten per cent or greater between the estimated retirement benefits and the actual retirement benefits to which such member would otherwise be entitled. Sec. 186. Section 10-183gg of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): Part-time service averaging at least one-half of a school day but less than a full school day shall be treated as full-time service for purposes of determining eligibility for benefits under this chapter. For purposes
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of determining benefits under subsections (a) to (d), inclusive, of section 10-183g, the percentages utilized in said sections shall be proportionally reduced for each year or portion of a year of service rendered or purchased after July 1, 1977, which is part-time service. Notwithstanding the provisions of [subdivision (4) of] section 10-183b, the average annual salary of a member with part-time service shall be such member's full-time annualized salary [during his three highest years] for the three years in which the member's annual salary was highest. Any benefit awarded pursuant to this section shall be proportional in all respects to the benefit which would have been payable had such service been rendered on a full-time basis. Sec. 187. Subsection (a) of section 10-183jj of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) A local or regional board of education may establish a retirement incentive plan for teachers [, as defined in subparagraph (A) of subdivision (26) of section 10-183b,] in its employ who are members of the teachers' retirement system. The plan shall provide for purchase of additional credited service by a board of education and a member of the system who chooses to participate in the plan, of additional credited service for such member and for payment by the board of education of not less than fifty per cent of the entire cost of such additional credited service and payment by the member of the remaining percentage of such total cost. The member shall pay the remaining percentage of such total cost, if any, in one lump sum not later than thirty days after receipt of notification by the Teachers' Retirement Board of the amount owed. Any such plan shall specify a maximum number of years, not exceeding five years, of additional credited service which may be purchased under the plan. Any such plan shall have a two-month application period. Sec. 188. Section 10-183pp of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022):
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Public Act No. 22-118 275 of 739
Any member who began receiving disability benefits October 1, 1977, under the provisions of subsection (d) of section 10-166 and who elected to receive benefits in accordance with the former provisions of subsection (c) of section 10-164-7 of the Regulations of Connecticut State Agencies in effect June 30, 1978, may elect to receive such benefits readjusted under the provisions of subsection [(b) or] (c) or (d) of section 10-183j, provided such member provides written notice of such election to the Teachers' Retirement Board not later than ninety days following January 1, 2001. Sec. 189. Subsection (a) of section 10-183ww of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) Not later than fourteen business days after the last action necessary to make effective a state budget act for the biennium ending June 30, 2021, subject to the approval of the Teachers' Retirement Board, the credited interest percentage for member accounts, except voluntary accounts containing only those contributions made pursuant to section 10-183i shall be not more than four per cent per annum and the return assumption shall be six and nine-tenths per cent per annum. Notwithstanding the provisions of sections 10-183vv, 12-801, 12-806 and 12-812, if the board fails to revise such percentage and adopt such return assumption: (1) No moneys shall be deposited in the Connecticut Teachers' Retirement Fund Bonds Special Capital Reserve Fund, established in section 10-183vv; (2) the Treasurer's duties and obligations under section 10-183vv shall terminate; and (3) the pledges made in section 10-183vv shall not be in effect. Sec. 190. Subsection (d) of section 10-66dd of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (d) (1) An otherwise qualified school professional hired by a charter
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Public Act No. 22-118 276 of 739
school prior to July 1, 2010, and employed in a charter school may participate in the state teachers' retirement system under chapter 167a on the same basis as if such professional were employed by a local or regional board of education. The governing council of a charter school shall make the contributions, as defined in [subdivision (7) of] section 10-183b, for such professional. (2) An otherwise qualified school professional hired by a charter school on or after July 1, 2010, and who has not previously been employed by a charter school in this state prior to July 1, 2010, shall participate in the state teachers' retirement system under chapter 167a on the same basis as if such professional were employed by a local or regional board of education. The governing council of a charter school shall make the contributions, as defined in [subdivision (7) of] section 10-183b, for such professional. (3) Any administrator or person providing instruction or pupil services in a charter school who holds a charter school educator permit issued by the State Board of Education pursuant to section 10-145q shall participate in the state teachers' retirement system under chapter 167a pursuant to subdivision (2) of this section when such administrator or person providing instruction or pupil services obtains professional certification pursuant to section 10-145b. Sec. 191. Subsection (a) of section 10a-55i of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) There is established a Higher Education Consolidation Committee which shall be convened by the chairpersons of the joint standing committee of the General Assembly having cognizance of matters relating to higher education or such chairpersons' designee, who shall be a member of such joint standing committee. The membership of the Higher Education Consolidation Committee shall consist of the higher
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Public Act No. 22-118 277 of 739
education subcommittee on appropriations and the chairpersons, vice chairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to higher education and appropriations. The Higher Education Consolidation Committee shall establish a meeting and public hearing schedule for purposes of receiving updates from (1) the Board of Regents for Higher Education on the progress of the consolidation of the state system of higher education pursuant to this section, section 4-9c, subsection (g) of section 5-160, section 5-199d, subsection (a) of section 7-323k, subsection (a) of section 7-608, subsection (a) of section 10-9, section 10-155d, subdivision [(14)] (15) of section 10-183b, sections 10a-1a to 10a-1d, inclusive, 10a-3 and 10a-3a, 10a-8, 10a-10a to 10a-11a, inclusive, 10a-17d and 10a-22a, subsections (f) and (h) of section 10a-22b, subsections (c) and (d) of section 10a-22d, sections 10a-22h and 10a-22k, subsection (a) of section 10a-22n, sections 10a-22r, 10a-22s, 10a-22u, 10a-22v, 10a-22x and 10a-34 to 10a-35a, inclusive, subsection (a) of section 10a-48a, sections 10a-71 and 10a-72, subsections (c) and (f) of section 10a-77, section 10a-88, subsection (a) of section 10a-89, subsection (c) of section 10a-99 and sections 10a-102, 10a-104, 10a-105, 10a-109e, 10a-143 and 10a- 168a, and (2) the Board of Regents for Higher Education and The University of Connecticut on the program approval process for the constituent units. The Higher Education Consolidation Committee shall convene its first meeting on or before September 15, 2011, and meet not less than once every two months. Sec. 192. Section 10-183rr of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): Notwithstanding the provisions of subdivision [(26)] (28) of section 10-183b concerning the requirement that a teacher hold a certificate for the position in which the person is employed, any teacher who possesses a certificate or permit issued by the State Board of Education and is notified on or after December 1, 2003, by the Department of
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Public Act No. 22-118 278 of 739
Education that such teacher is not properly certified for the position in which the teacher is employed or has been employed, such teacher shall receive no further credit in the teachers' retirement system for employment in such position until the teacher becomes properly certified for such position. The Teachers' Retirement Board shall not rescind any credited service to such teacher for such employment and shall restore any such credit to such teacher if rescinded prior to May 27, 2008. Sec. 193. (Effective from passage) The memorandum of agreement between the PCA Workforce Council and the New England Health Care Employees Union, District 1199, SEIU, submitted to this assembly for approval April 20, 2022, as provided in subdivisions (7) and (8) of subsection (c) of section 17b-706b of the general statutes, including any attachments or appendices thereto, and any provisions that require supercedence of a law or regulation, is approved. Sec. 194. Section 31-51pp of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) (1) It shall be a violation of sections 5-248a, 31-49e to 31-49t, inclusive, and 31-51kk to 31-51qq, inclusive, for any employer to interfere with, restrain or deny the exercise of, or the attempt to exercise, any right provided under said sections. (2) It shall be a violation of sections 5-248a, 31-49e to 31-49t, inclusive, and 31-51kk to 31-51qq, inclusive, for any employer to discharge or cause to be discharged, or in any other manner discriminate, against any individual for opposing any practice made unlawful by said sections or because such employee has exercised the rights afforded to such employee under said sections. (b) It shall be a violation of sections 5-248a, 31-49e to 31-49t, inclusive,
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and 31-51kk to 31-51qq, inclusive, for any person to discharge or cause to be discharged, or in any other manner discriminate, against any individual because such individual: (1) Has filed any charge, or has instituted or caused to be instituted any proceeding, under or related to sections 5-248a, 31-49e to 31-49t, inclusive, and 31-51kk to 31-51qq, inclusive; (2) Has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under said sections; or (3) Has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under said sections. (c) It shall be a violation of sections 31-51kk to 31-51qq, inclusive, for any employer to deny an employee the right to use up to two weeks of accumulated sick leave or to discharge, threaten to discharge, demote, suspend or in any manner discriminate against an employee for using, or attempting to exercise the right to use, up to two weeks of accumulated sick leave to attend to a serious health condition of a family member of the employee, or for the birth or adoption of a son or daughter of the employee. For purposes of this subsection, "sick leave" means an absence from work for which compensation is provided through an employer's bona fide written policy providing compensation for loss of wages occasioned by illness, but does not include absences from work for which compensation is provided through an employer's plan, including, but not limited to, a short or long-term disability plan, whether or not such plan is self-insured. (d) (1) Any employee aggrieved by a violation of this section may file a complaint with the Labor Commissioner alleging violation of the provisions of this section within one hundred eighty calendar days of the employer action that prompted the complaint, unless good cause
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exists for the late filing. Upon receipt of any such complaint, the commissioner, or the commissioner's designee, shall conduct an investigation and make a finding regarding jurisdiction and whether a violation of this section has occurred. (2) If the commissioner or designee finds the Labor Department has no jurisdiction or that no violation of this section has occurred, the commissioner or designee shall dismiss the complaint and issue a release of jurisdiction allowing the complainant to bring a civil action in the Superior Court. Any action brought by the complainant in accordance with this subdivision shall be brought not later than ninety calendar days after the date of the release of the decision from the commissioner or designee. The employee may be awarded all appropriate relief, including rehiring or reinstatement to the employee's previous job, payment of back wages and reestablishment of employee benefits to which the employee otherwise would have been eligible if a violation of this subsection had not occurred. (3) If the commissioner or designee finds that the Labor Department has jurisdiction and that a violation of this section has occurred, the commissioner or designee may, in the commissioner's or designee's sole discretion, require the parties to participate in a mandatory settlement conference and, in the absence of a settlement, a hearing officer designated by the commissioner or designee shall hold a hearing and render a final decision. (4) The designated hearing officer may award the employee all appropriate relief, including rehiring or reinstatement to the employee's previous job, payment of back wages and reestablishment of employee benefits to which the employee otherwise would have been eligible if a violation of this section had not occurred. Any party aggrieved by the decision of the designated hearing officer may appeal the decision to the Superior Court in accordance with the provisions of chapter 54.
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(e) Any employee aggrieved by a violation of this section may bring a civil action in a court of competent jurisdiction against the employer within one hundred eighty calendar days of the employer action alleged to be in violation of this section. Such action may be brought by an employee without first filing an administrative complaint. (f) The rights and remedies specified in this section are cumulative and nonexclusive and are in addition to any other rights or remedies afforded by contract or under other provisions of law. Sec. 195. Subdivision (1) of subsection (a) of section 1 of public act 22- 19 is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (1) "Reproductive health care services" includes all medical, surgical, counseling or referral services relating to the human reproductive system, including, but not limited to, services relating to pregnancy, contraception or the termination of a pregnancy and all medical care relating to treatment of gender dysphoria; and Sec. 196. Section 4-28e of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) There is created a Tobacco Settlement Fund which shall be a separate nonlapsing fund. Any funds received by the state from the Master Settlement Agreement executed November 23, 1998, shall be deposited into the fund. (b) (1) The Treasurer is authorized to invest all or any part of the Tobacco Settlement Fund, all or any part of the Tobacco and Health Trust Fund created in section 4-28f and all or any part of the Biomedical Research Trust Fund created in section 19a-32c. The interest derived from any such investment shall be credited to the resources of the fund from which the investment was made.
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Public Act No. 22-118 282 of 739
(2) Notwithstanding sections 3-13 to 3-13h, inclusive, the Treasurer shall invest the amounts on deposit in the Tobacco Settlement Fund, the Tobacco and Health Trust Fund and the Biomedical Research Trust Fund in a manner reasonable and appropriate to achieve the objectives of such funds, exercising the discretion and care of a prudent person in similar circumstances with similar objectives. The Treasurer shall give due consideration to rate of return, risk, term or maturity, diversification of the total portfolio within such funds, liquidity, the projected disbursements and expenditures, and the expected payments, deposits, contributions and gifts to be received. The Treasurer shall not be required to invest such funds directly in obligations of the state or any political subdivision of the state or in any investment or other fund administered by the Treasurer. The assets of such funds shall be continuously invested and reinvested in a manner consistent with the objectives of such funds until disbursed in accordance with this section, section 4-28f or section 19a-32c. (c) [For] Commencing with the fiscal year ending June 30, [2018, and each fiscal year thereafter,] 2023, annual disbursements from the Tobacco Settlement Fund shall be made [to] as follows: (1) To the General Fund in the amount identified as "Transfer from Tobacco Settlement Fund" in the General Fund revenue schedule adopted by the General Assembly; and (2) to the Tobacco and Health Trust Fund in an amount equal to twelve million dollars. [(d) For the fiscal year ending June 30, 2000, five million dollars shall be disbursed from the Tobacco Settlement Fund to a tobacco grant account to be established in the Office of Policy and Management. Such funds shall not lapse on June 30, 2000, and shall continue to be available for expenditure during the fiscal year ending June 30, 2001. (e) Tobacco grants shall be made from the account established pursuant to subsection (d) of this section by the Secretary of the Office of Policy and Management in consultation with the speaker of the
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Public Act No. 22-118 283 of 739
House of Representatives, the president pro tempore of the Senate, the majority leader of the House of Representatives, the majority leader of the Senate, the minority leader of the House of Representatives, the minority leader of the Senate, and the cochairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to public health and appropriations and the budgets of state agencies, or their designees. Such grants shall be used to reduce tobacco abuse through prevention, education, cessation, treatment, enforcement and health needs programs.] [(f)] (d) For the fiscal year ending June 30, 2005, and each fiscal year thereafter, the sum of one hundred thousand dollars is appropriated to the Department of Revenue Services and the sum of twenty-five thousand dollars is appropriated to the office of the Attorney General for the enforcement of the provisions of sections 4-28h to 4-28q, inclusive. Sec. 197. Section 4-28f of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) There is created a Tobacco and Health Trust Fund which shall be a separate nonlapsing fund. The purpose of the trust fund shall be to create a continuing significant source of funds to (1) support and encourage development of programs to reduce tobacco abuse through prevention, education and cessation programs, (2) support and encourage development of programs to reduce substance abuse, and (3) develop and implement programs to meet the unmet physical and mental health needs in the state. (b) The trust fund may accept transfers from the Tobacco Settlement Fund and may apply for and accept gifts, grants or donations from public or private sources to enable the trust fund to carry out its objectives.
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Public Act No. 22-118 284 of 739
(c) The trust fund shall be administered by a board of trustees, except that the board shall suspend its operations from July 1, 2003, to June 30, 2005, inclusive. The board shall consist of seventeen trustees. The appointment of the initial trustees shall be as follows: (1) The Governor shall appoint four trustees, one of whom shall serve for a term of one year from July 1, 2000, two of whom shall serve for a term of two years from July 1, 2000, and one of whom shall serve for a term of three years from July 1, 2000; (2) the speaker of the House of Representatives and the president pro tempore of the Senate each shall appoint two trustees, one of whom shall serve for a term of two years from July 1, 2000, and one of whom shall serve for a term of three years from July 1, 2000; (3) the majority leader of the House of Representatives and the majority leader of the Senate each shall appoint two trustees, one of whom shall serve for a term of one year from July 1, 2000, and one of whom shall serve for a term of three years from July 1, 2000; (4) the minority leader of the House of Representatives and the minority leader of the Senate each shall appoint two trustees, one of whom shall serve for a term of one year from July 1, 2000, and one of whom shall serve for a term of two years from July 1, 2000; and (5) the Secretary of the Office of Policy and Management, or the secretary's designee, shall serve as an ex-officio voting member. Following the expiration of such initial terms, subsequent trustees shall serve for a term of three years. The period of suspension of the board's operations from July 1, 2003, to June 30, 2005, inclusive, shall not be included in the term of any trustee serving on July 1, 2003.The trustees shall serve without compensation except for reimbursement for necessary expenses incurred in performing their duties. The board of trustees shall establish rules of procedure for the conduct of its business which shall include, but not be limited to, criteria, processes and procedures to be used in selecting programs to receive money from the trust fund. The trust fund shall be within the Office of Policy and Management for administrative purposes only. The board of trustees shall, not later than January first of each year, [except following a fiscal year in which the trust fund does not receive a deposit
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Public Act No. 22-118 285 of 739
from the Tobacco Settlement Fund, shall] submit a report of its activities and accomplishments to the joint standing committees of the General Assembly having cognizance of matters relating to public health and appropriations and the budgets of state agencies, in accordance with section 11-4a. (d) (1) [During the period commencing July 1, 2000, and ending June 30, 2003, the board of trustees, by majority vote, may recommend authorization of disbursement from the trust fund for the purposes described in subsection (a) of this section and section 19a-6d, provided the board may not recommend authorization of disbursement of more than fifty per cent of net earnings from the principal of the trust fund for such purposes. For the fiscal year commencing July 1, 2005, and each fiscal year thereafter, the board may recommend authorization of the net earnings from the principal of the trust fund for such purposes. For the fiscal year ending June 30, 2009, and each fiscal year thereafter, the board may recommend authorization of disbursement for such purposes of (A) up to one-half of the annual disbursement from the Tobacco Settlement Fund to the Tobacco and Health Trust Fund from the previous fiscal year, pursuant to section 4-28e, up to a maximum of six million dollars per fiscal year, and (B) the net earnings from the principal of the trust fund from the previous fiscal year.] For the fiscal year ending June 30, [2014] 2023, and each fiscal year thereafter, the board [may] of trustees, by majority vote, shall recommend authorization of disbursement [of up to the total unobligated balance remaining in the trust fund after disbursement in accordance with the provisions of the general statutes and relevant special and public acts for such purposes, not to exceed twelve million dollars per fiscal year] from the trust fund of the amount deposited in the trust fund for the fiscal year pursuant to subsection (c) of section 4-28e, for the purposes described in subsection (a) of this section and section 19a-6d. The board's recommendations shall give (i) priority to programs that address tobacco and substance abuse and serve minors, pregnant
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Public Act No. 22-118 286 of 739
women and parents of young children, and (ii) consideration to the availability of private matching funds. Recommended disbursements from the trust fund shall be in addition to any resources that would otherwise be appropriated by the state for such purposes and programs. (2) [Except during the fiscal years ending June 30, 2004, and June 30, 2005, the] The board of trustees shall submit such recommendations for the authorization of disbursement from the trust fund to the joint standing committees of the General Assembly having cognizance of matters relating to public health and appropriations and the budgets of state agencies. Not later than thirty days after receipt of such recommendations, said committees shall advise the board of their approval, modifications, if any, or rejection of the board's recommendations. If said joint standing committees do not concur, the speaker of the House of Representatives, the president pro tempore of the Senate, the majority leader of the House of Representatives, the majority leader of the Senate, the minority leader of the House of Representatives and the minority leader of the Senate each shall appoint one member from each of said joint standing committees to serve as a committee on conference. The committee on conference shall submit its report to both committees, which shall vote to accept or reject the report. The report of the committee on conference may not be amended. If a joint standing committee rejects the report of the committee on conference, the board's recommendations shall be deemed approved. If the joint standing committees accept the report of the committee on conference, the joint standing committee having cognizance of matters relating to appropriations and the budgets of state agencies shall advise the board of said joint standing committees' approval or modifications, if any, of the board's recommended disbursement. If said joint standing committees do not act within thirty days after receipt of the board's recommendations for the authorization of disbursement, such recommendations shall be deemed approved. Disbursement from the trust fund shall be in accordance with the board's recommendations as
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approved or modified by said joint standing committees. (3) After such recommendations for the authorization of disbursement have been approved or modified pursuant to subdivision (2) of this subsection, any modification in the amount of an authorized disbursement in excess of fifty thousand dollars or ten per cent of the authorized amount, whichever is less, shall be submitted to said joint standing committees and approved, modified or rejected in accordance with the procedure set forth in subdivision (2) of this subsection. Notification of all disbursements from the trust fund made pursuant to this section shall be sent to the joint standing committees of the General Assembly having cognizance of matters relating to public health and appropriations and the budgets of state agencies, through the Office of Fiscal Analysis. (4) The board of trustees shall [, not later than February first of each year, except following a fiscal year in which the trust fund does not receive a deposit from the Tobacco Settlement Fund,] submit a biennial report to the joint standing committees of the General Assembly having cognizance of matters relating to public health and appropriations and the budgets of state agencies, in accordance with the provisions of section 11-4a. [, that includes] Such report shall include, but need not be limited to, an accounting of the unexpended amount in the trust fund, if any, all disbursements and other expenditures from the trust fund and an evaluation of the performance and impact of each program receiving funds from the trust fund. Such report shall also include the criteria and application process used to select programs to receive such funds. Sec. 198. Section 53-344 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) As used in this section: (1) "Cardholder" means any person who presents a driver's license or
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Public Act No. 22-118 288 of 739
an identity card to a seller or seller's agent or employee, to purchase or receive tobacco from such seller or seller's agent or employee; (2) "Cigarette" has the same meaning as provided in subsection (b) of section 12-285; (3) "Identity card" means an identification card issued in accordance with the provisions of section 1-1h; (4) "Sale" has the same meaning as provided in section 53-344b; (5) "Give" or "giving" has the same meaning as provided in section 53-344b; (6) "Deliver" or "delivering" has the same meaning as provided in section 53-344b; (7) "Seller" means any person engaged in the sale, giving or delivering of cigarettes or tobacco products; (8) "Tobacco products" has the same meaning as provided in section 12-330a; (9) "Transaction scan" means the process by which a seller or seller's agent or employee checks, by means of a transaction scan device, the validity of a driver's license or an identity card; and (10) "Transaction scan device" means any commercial device or combination of devices used at a point of sale that is capable of deciphering in an electronically readable format the information encoded on the magnetic strip or bar code of a driver's license or an identity card. (b) Any person who sells, gives or delivers to any person under twenty-one years of age cigarettes or a tobacco product shall be fined not more than three hundred dollars for the first offense, not more than
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seven hundred fifty dollars for a second offense on or before twenty- four months after the date of the first offense and not more than one thousand dollars for each subsequent offense on or before twenty-four months after the date of the first offense. The provisions of this subsection shall not apply to a person under twenty-one years of age who is delivering or accepting delivery of cigarettes or a tobacco product (1) in such person's capacity as an employee, or (2) as part of a scientific study being conducted by an organization for the purpose of medical research to further efforts in cigarette and tobacco product use prevention and cessation, provided such medical research has been approved by the organization's institutional review board, as defined in section 21a-408. (c) Any person under twenty-one years of age who misrepresents such person's age to purchase cigarettes or a tobacco product shall be fined not more than fifty dollars for the first offense and not less than fifty dollars or more than one hundred dollars for each subsequent offense. (d) (1) A seller or seller's agent or employee shall request that each person intending to purchase cigarettes or a tobacco product present a driver's license or identity card to establish that such person is twenty- one years of age or older. [(d) (1)] (2) A seller or seller's agent or employee may perform a transaction scan to check the validity of a driver's license or identity card presented by a cardholder as a condition for selling, giving away or otherwise distributing cigarettes or a tobacco product to the cardholder. [(2)] (3) If the information deciphered by the transaction scan performed under subdivision [(1)] (2) of this subsection fails to match the information printed on the driver's license or identity card presented by the cardholder, or if the transaction scan indicates that the information so printed is false or fraudulent, neither the seller nor any
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seller's agent or employee shall sell, give away or otherwise distribute any cigarettes or a tobacco product to the cardholder. [(3)] (4) Subdivision [(1)] (2) of this subsection does not preclude a seller or seller's agent or employee from using a transaction scan device to check the validity of a document other than a driver's license or an identity card, if the document includes a bar code or magnetic strip that may be scanned by the device, as a condition for selling, giving away or otherwise distributing cigarettes or a tobacco product to the person presenting the document. (e) (1) No seller or seller's agent or employee shall electronically or mechanically record or maintain any information derived from a transaction scan, except the following: (A) The name and date of birth of the person listed on the driver's license or identity card presented by a cardholder; and (B) the expiration date and identification number of the driver's license or identity card presented by a cardholder. (2) No seller or seller's agent or employee shall use a transaction scan device for a purpose other than the purposes specified in subsection (e) of section 53-344b, subsection (d) of this section or subsection (c) of section 30-86. (3) No seller or seller's agent or employee shall sell or otherwise disseminate the information derived from a transaction scan to any third party, including, but not limited to, selling or otherwise disseminating that information for any marketing, advertising or promotional activities, but a seller or seller's agent or employee may release that information pursuant to a court order. (4) Nothing in subsection (d) of this section or this subsection relieves a seller or seller's agent or employee of any responsibility to comply with any other applicable state or federal laws or rules governing the sale, giving away or other distribution of cigarettes or tobacco products.
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(5) Any person who violates this subsection shall be subject to a civil penalty of not more than one thousand dollars. (f) (1) In any prosecution of a seller or seller's agent or employee for a violation of subsection (b) of this section, it shall be an affirmative defense that all of the following occurred: (A) A cardholder attempting to purchase or receive cigarettes or a tobacco product presented a driver's license or an identity card; (B) a transaction scan of the driver's license or identity card that the cardholder presented indicated that the license or card was valid and indicated that the cardholder was at least twenty-one years of age; and (C) the cigarettes or a tobacco product was sold, given away or otherwise distributed to the cardholder in reasonable reliance upon the identification presented and the completed transaction scan. (2) In determining whether a seller or seller's agent or employee has proven the affirmative defense provided by subdivision (1) of this section, the trier of fact in such prosecution shall consider that reasonable reliance upon the identification presented and the completed transaction scan may require a seller or seller's agent or employee to exercise reasonable diligence and that the use of a transaction scan device does not excuse a seller or seller's agent or employee from exercising such reasonable diligence to determine the following: (A) Whether a person to whom the seller or seller's agent or employee sells, gives away or otherwise distributes cigarettes or a tobacco product is twenty-one years of age or older; and (B) whether the description and picture appearing on the driver's license or identity card presented by a cardholder is that of the cardholder. Sec. 199. (Effective from passage) Not later than the fifteenth day of each month of the fiscal year ending June 30, 2023, the Department of Administrative Services shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies concerning
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(1) the number of vacant positions in each agency; (2) the number of persons hired in each agency during the previous month; and (3) the number of persons who refused an offer of hire by each agency in the previous month. Sec. 200. (NEW) (Effective July 1, 2022) (a) As used in this section and section 201 of this act: (1) "MDMA" means the synthetic psychoactive drug, 3,4- methylenedioxymethamphetamine, commonly known as ecstasy or molly, that acts as a serotonin receptor agonist and reuptake inhibitor of serotonin and dopamine. (2) "Psilocybin" means a serotonin receptor agonist that occurs naturally in some mushroom species. (3) "Qualified patient" means a resident of the state who is (A) a veteran, (B) a retired first responder, or (C) a direct care health care worker. (4) "Qualified applicant" means a provider of mental or behavioral health services that has received approval from the federal Food and Drug Administration as an approved treatment site with an expanded access protocol that allows the provider access to an investigational drug for treatment use, including emergency use, pursuant to 21 CFR 312, as amended from time to time. (5) "Approved treatment site" means the location where a qualified applicant that has been selected under subsection (e) of this section as a provider of MDMA-assisted or psilocybin-assisted therapy under the pilot program established pursuant to subsection (b) of this section will provide such therapy. (b) There is established, within available appropriations, at the Connecticut Mental Health Center, established pursuant to section 17a-
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459 of the general statutes, a psychedelic-assisted therapy pilot program to provide qualified patients with the funding necessary to receive MDMA-assisted or psilocybin-assisted therapy as part of an expanded access program approved by the federal Food and Drug Administration pursuant to 21 CFR 312, as amended from time to time. Said center shall cease to operate the pilot program when MDMA and psilocybin have been approved to have a medical use by the Drug Enforcement Administration, or any successor agency. (c) There is established, within available appropriations, a Qualified Patients for Approved Treatment Sites Fund, "PAT Fund". The fund shall contain any moneys required by law to be deposited in the fund and may contain any other funds as provided in subsection (d) of this section. The Connecticut Mental Health Center shall administer and use the fund for grants to qualified applicants to provide MDMA-assisted or psilocybin-assisted therapy to qualified patients under the pilot program established pursuant to subsection (b) of this section. (d) For the fiscal year ending on June 30, 2023, and for each fiscal year thereafter, block grant funds allocated to the Connecticut Mental Health Center pursuant to section 4-28b of the general statutes may be deposited in said fund, and the center may accept contributions from any source, public or private, for deposit in said fund. Sec. 201. (NEW) (Effective July 1, 2022) (a) There is established the Connecticut Psychedelic Treatment Advisory Board, which shall be part of the Department of Mental Health and Addiction Services. (b) The board shall consist of the following members: (1) Two appointed by the speaker of the House of Representatives; (2) two appointed by the president pro tempore of the Senate; (3) one appointed by the minority leader of the House of Representatives; (4) one appointed by the minority leader of the Senate; (5) two appointed by the Office of the Governor; (6) one appointed by the Commissioner of
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Mental Health and Addiction Services; (7) one appointed by the Commissioner of Public Health; and (8) one appointed by the Commissioner of Consumer Protection. The board shall include members with experience or expertise in psychedelic research, psychedelic-assisted therapy, public health, access to mental and behavioral health care in underserved communities, veteran mental and behavioral health care, harm reduction and sacramental use of psychedelic substances. (c) Notwithstanding the provisions of subsection (a) of section 4-9a of the general statutes, the speaker of the House of Representatives and the president pro tempore of the Senate shall select the chairpersons of the board from among the members of the board. The chairpersons shall oversee the establishment of and make recommendations regarding the voting procedures of the board. (d) The administrative staff of the joint standing committee of the General Assembly having cognizance of matters relating to consumer protection shall serve as administrative staff of the board, with assistance as needed provided by employees of the Offices of Legislative Research and Fiscal Analysis. (e) The board shall advise the Department of Mental Health and Addiction Services on the design and development of the regulations and infrastructure necessary to safely allow for therapeutic access to psychedelic-assisted therapy upon the legalization of MDMA, psilocybin and any other psychedelic compounds. In advising the department under this subsection, the board shall be responsible for: (1) Reviewing and considering the data from the psychedelic-assisted therapy pilot program established under section 200 of this act to inform the development of such regulations; (2) advising the department on the necessary education, training, licensing and credentialing of therapists and facilitators, patient safety, harm reduction, the establishment of equity measures in both clinical and therapeutic settings, cost and
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insurance reimbursement considerations and standards of treatment facilities; (3) advising the department on the use of group therapy and other therapy options to reduce cost and maximize public health benefits from psychedelic treatments; (4) monitoring updated federal regulations and guidelines for referral and consideration by the state agencies of cognizance for implementation of such regulations and guidelines; (5) developing a long-term strategic plan to improve mental health care through the use of psychedelic treatment; (6) recommending equity measures for clinical subject recruitment and facilitator training recruitment; and (7) assisting with the development of public awareness and education campaigns. (f) The board may establish committees and subcommittees necessary for the operation of the board. Sec. 202. Section 21a-243 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) The Commissioner of Consumer Protection shall adopt regulations for the efficient enforcement and operation of sections 21a- 244 to 21a-282, inclusive. (b) The Commissioner of Consumer Protection may, so far as may be consistent with sections 21a-244 to 21a-282, inclusive, adopt the regulations existing under the federal Controlled Substances Act and pertinent regulations existing under the federal food and drug laws and conform regulations adopted hereunder with those existing under the federal Controlled Substances Act and federal food and drug laws. (c) The Commissioner of Consumer Protection, acting upon the advice of the Commission of Pharmacy, may by regulation designate, after investigation, as a controlled substance, a substance or chemical composition containing any quantity of a substance which has been found to have a stimulant, depressant or hallucinogenic effect upon the
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higher functions of the central nervous system and having a tendency to promote abuse or physiological or psychological dependence or both. Such substances are classifiable as amphetamine-type, barbiturate-type, cannabis-type, cocaine-type, hallucinogenic, morphine-type and other stimulant and depressant substances, and specifically exclude alcohol, caffeine and nicotine. Substances which are designated as controlled substances shall be classified in schedules I to V by regulations adopted pursuant to subsection (a) of this section. (d) The Commissioner of Consumer Protection may by regulation change the schedule in which a substance classified as a controlled substance in schedules I to V of the controlled substance scheduling regulations is placed. On or before December 15, 1986, and annually thereafter, the commissioner shall submit a list of all such schedule changes to the chairmen and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to public health. (e) Notwithstanding the provisions of subsections (a) to (d), inclusive, of this section, not later than January 1, 2013, the Commissioner of Consumer Protection shall submit amendments to sections 21a-243-7 and 21a-243-8 of the regulations of Connecticut state agencies to the standing legislative regulation review committee to reclassify marijuana as a controlled substance in schedule II under the Connecticut controlled substance scheduling regulations, except that for any marijuana product that has been approved by the federal Food and Drug Administration or successor agency to have a medical use and that is reclassified in any schedule of controlled substances or unscheduled by the federal Drug Enforcement Administration or successor agency, the commissioner shall adopt the schedule designated by the Drug Enforcement Administration or successor agency. (f) Notwithstanding the provisions of subsections (a) to (d), inclusive, of this section, the Commissioner of Consumer Protection shall adopt
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the schedule designated by the Drug Enforcement Administration or successor agency for MDMA, as defined in section 200 of this act, and psilocybin, as defined in said section, if MDMA and psilocybin have been approved by said administration, or successor agency, to have a medical use and are reclassified in any schedule of controlled substances or unscheduled by said administration or successor agency. [(f)] (g) A new or amended regulation under this chapter shall be adopted in accordance with the provisions of chapter 54. [(g)] (h) In the event of any inconsistency between the contents of schedules I, II, III, IV and V of the controlled substance scheduling regulations and schedules I, II, III, IV and V of the federal Controlled Substances Act, as amended, the provisions of the federal act shall prevail, except (1) when the provisions of the Connecticut controlled substance scheduling regulations place a controlled substance in a schedule with a higher numerical designation, schedule I being the highest designation, or (2) as provided in subsection (e) of this section. [(h)] (i) When a drug that is not a controlled substance in schedule I, II, III, IV or V, as designated in the Connecticut controlled substance scheduling regulations, is designated to be a controlled substance under the federal Controlled Substances Act, such drug shall be considered to be controlled at the state level in the same numerical schedule from the effective date of the federal classification. Nothing in this section shall prevent the Commissioner of Consumer Protection from designating a controlled substance differently in the Connecticut controlled substance scheduling regulations than such controlled substance is designated in the federal Controlled Substances Act, as amended from time to time. [(i)] (j) The Commissioner of Consumer Protection shall, by regulation adopted pursuant to this section, designate the following substances, by whatever official, common, usual, chemical or trade name designation, as controlled substances and classify each such
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substance in the appropriate schedule: (1) 1-pentyl-3-(1-naphthoyl)indole (JWH-018); (2) 1-butyl-3-(1-naphthoyl)indole (JWH-073); (3) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200); (4) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP-47,497); (5) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (cannabicyclohexanol; CP-47,497 C8 homologue); (6) Salvia divinorum; and (7) Salvinorum A. [(j)] (k) Notwithstanding the provisions of subsection (c) of this section, the Commissioner of Consumer Protection shall designate the following substances, by whatever official, common, usual, chemical or trade name designation, as controlled substances in schedule I of the controlled substances scheduling regulations: (1) Mephedrone (4-methylmethcathinone); and (2) MDPV (3,4-methyenedioxypyrovalerone). Sec. 203. (NEW) (Effective July 1, 2022) The Department of Consumer Protection shall consider for adoption any nonbinding federal guidelines from the federal Department of Health and Human Services regarding the practice of psychedelic-assisted therapy. The Connecticut Psychedelic Treatment Advisory Board established under section 201 of this act and members of the public may submit written comments to the department during a notice and comment period established by the department regarding adoption of and any suggested changes to such
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guidelines that may better meet the needs of state residents. The department shall post the procedures and deadline for submission of written comments during such notice and comment period on its Internet web site. Sec. 204. Subdivision (29) of section 21a-240 of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (29) "Marijuana" means all parts of any plant, or species of the genus cannabis or any infra specific taxon thereof, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin, any product made using hemp, as defined in section 22-61l, which exceeds three-tenths per cent total THC concentration on a dry-weight basis; manufactured cannabinoids, synthetic cannabinoids, except as provided in subparagraph (E) of this subdivision; or cannabinon, cannabinol or cannabidiol and chemical compounds which are similar to cannabinon, cannabinol or cannabidiol in chemical structure or which are similar thereto in physiological effect, which are controlled substances under this chapter, except cannabidiol derived from hemp, as defined in section 22-61l, with a total THC concentration of not more than three-tenths per cent on a dry-weight basis. "Marijuana" does not include: (A) The mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks, except the resin extracted from such mature stalks or fiber, oil or cake; (B) the sterilized seed of such plant which is incapable of germination; (C) hemp, as defined in section 22- 61l, with a total THC concentration of not more than three-tenths per cent on a dry-weight basis; (D) any substance approved by the federal Food and Drug Administration or successor agency as a drug and reclassified in any schedule of controlled substances or unscheduled by
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the federal Drug Enforcement Administration or successor agency which is included in the same schedule designated by the federal Drug Enforcement Administration or successor agency; or (E) synthetic cannabinoids which are controlled substances that are designated by the Commissioner of Consumer Protection, by whatever official, common, usual, chemical or trade name designation, as controlled substances and are classified in the appropriate schedule in accordance with subsections [(i)] (j) and [(j)] (k) of section 21a-243; Sec. 205. Section 31-900 of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): (a) As used in this section and section 31-290a: (1) "Affected person" means an essential employee who died or was unable to work as a result of contracting COVID-19, or due to symptoms that were later diagnosed as COVID-19, at any time between March 10, 2020, and July 20, 2021, provided: (A) The contraction of COVID-19 by such employee is confirmed by a positive laboratory test or, if a laboratory test was not available for the employee, as diagnosed and documented by the employee's licensed physician, licensed physician assistant or licensed advanced practice registered nurse, based on the employee's symptoms; (B) a copy of the positive laboratory test or the written documentation of the physician's, physician assistant's or advanced practice registered nurse's diagnosis is provided to the administrator; and (C) such employee, during the fourteen consecutive days immediately preceding the date the employee died or was unable to work due to contracting COVID-19, (i) was not employed in a capacity where the employee worked solely from home and did not have physical interaction with other employees, or (ii) was the recipient of a written offer or directive from such employee's employer to work solely from home but otherwise chose to work at a work site of the employer. "Affected person" does not include a federal employee who
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qualifies for benefits under the COVID-19 workers' compensation presumption included in the American Rescue Plan Act of 2021; (2) "Essential employee" means any person employed in a category recommended by the Centers for Disease Control and Prevention's Advisory Committee on Immunization Practices as of February 20, 2021, to receive a COVID-19 vaccination in phase 1a, [or] 1b or 1c of the COVID-19 vaccination program; (3) "Administrator" means an employee of the Office of the Comptroller, or a third-party administrator; (4) "Assistance" means moneys payable by the Comptroller from the Connecticut Essential Workers COVID-19 Assistance Fund, established pursuant to subsection (c) of this section, to assist affected persons pursuant to this section; (5) "Uncompensated leave" means the wages or salary lost by (A) an affected person unable to work as a result of contracting COVID-19, or due to symptoms that were later diagnosed as COVID-19, at any time during the public health and civil preparedness emergencies declared by the Governor on March 10, 2020, or any extension of such declarations; [. "Uncompensated leave" does not include any leave from employment for which the affected person received paid leave provided through a paid leave plan provided by an employer or pursuant to any state or federal law;] and (6) "COVID-19" means the respiratory disease designated by the World Health Organization on February 11, 2020, as coronavirus 2019, and any related mutation thereof recognized by the World Health Organization as a communicable respiratory disease. (b) There is established the Connecticut Essential Workers COVID-19 Assistance Program. The program shall offer assistance, within available funds and on a first-come, first-served basis, to affected
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persons eligible for assistance under this section, pending verification of eligibility, provided no assistance shall be paid to any affected person after June 30, 2024. The program shall be administered by the administrator. The administrator shall accept applications for assistance on or after October 1, 2021. For the purposes of this section, the administrator shall be authorized to (1) determine whether an affected person meets the requirements for eligibility for assistance under this section and the amount of assistance that should be provided; (2) summon and examine under oath such witnesses that may provide information relevant to the eligibility of an affected person, and direct the production of, and examine or cause to be produced or examined, such books, records, vouchers, memoranda, documents, letters, contracts or other papers in relation to any matter at issue as the administrator may find proper; and (3) take or cause to be taken affidavits or depositions within or without the state. (c) There is established an account to be known as the "Connecticut Essential Workers COVID-19 Assistance Fund" which shall be a separate, nonlapsing account within the General Fund. The account shall contain any moneys required by law to be deposited in the account. Moneys in the account shall be expended by the Comptroller at the discretion of the administrator for the purposes of (1) assistance offered under the Connecticut Essential Workers COVID-19 Assistance Program, and (2) costs and expenses of operating the program, including the hiring of necessary employees and the expense of public outreach and education regarding the program and fund, provided not more than five per cent of the total moneys received by the fund shall be used for any administrative costs, including hiring temporary or durational staff or contracting with a third-party administrator, or other costs and expenses incurred by the administrator or Comptroller in connection with carrying out the provisions of this section and subsection (a) of section 31-306. The administrator shall make all reasonable efforts to limit the costs and expenses of operating the
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program without compromising affected persons' access to the program. (d) To apply for assistance from the Connecticut Essential Workers COVID-19 Assistance Fund, an affected person with a pending workers' compensation claim under chapter 568, related to COVID-19, or an affected person who does not have such pending workers' compensation claim, shall submit a claim to the administrator, in such form as required by the administrator, not later than [July 20, 2022] December 31, 2022. An affected person who does not have a pending workers' compensation claim related to COVID-19 shall submit a claim to the administrator, in such form as required by the administrator, not later than one year after the date such person was initially unable to work as a result of contracting COVID-19 or due to symptoms that were later diagnosed as COVID-19 or [July 20, 2022] December 31, 2022, whichever is later. Any such claim shall include: (1) A certificate issued by a licensed medical professional documenting the laboratory test or diagnosis that such affected person contracted COVID-19 (A) requiring such person to isolate and quarantine from others, (B) preventing such affected person from performing such affected person's employment duties, or (C) requiring in-patient or outpatient medical treatment; (2) for the purposes of requesting assistance for uncompensated leave, evidence of (A) such affected person's weekly earnings during the eight calendar weeks immediately preceding the time of diagnosis, except in the case of an employee who has not yet worked for that employer for an eight-week period, for the time period such employee was employed, and (B) uncompensated leave due to the contraction of COVID-19 or symptoms that were later diagnosed as COVID-19; (3) for the purposes of requesting assistance for out-of-pocket costs for medical and surgical aid or hospital or nursing service, evidence of such affected person's costs; and (4) any additional information as requested or required by the administrator.
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(e) The level of assistance offered to an affected person shall be calculated as follows, subject to available funds, and payable on a retroactive basis from the date such person was initially unable to work as a result of contracting COVID-19 or due to symptoms that were later diagnosed as COVID-19, but not earlier than March 10, 2020, and not later than July 20, 2021: (1) Weekly assistance for all uncompensated leave, calculated as seventy-five per cent of such affected person's average weekly earnings during the eight calendar weeks immediately preceding the date such person was initially unable to work as a result of contracting COVID-19, or due to symptoms that were later diagnosed as COVID-19, except in the case of an employee who has not yet worked for that employer for an eight-week period, seventy-five per cent of such affected person's average weekly earnings for the time period such employee was employed, and after such earnings have been reduced by any deduction for: (A) Federal or state taxes, or both; (B) the federal Insurance Contributions Act, provided such assistance shall not exceed the average weekly earnings of all workers in the state as calculated by the Labor Commissioner, pursuant to section 31-309; and (C) any benefits received for total or partial unemployment as provided in chapter 567, [and] any amount of temporary total or temporary partial disability benefits under chapter 568, and any amounts provided through a paid leave plan provided by an employer or pursuant to any state or federal law, for the same days of such claimed assistance; [,] (2) all documented out-of-pocket COVID-19 related costs for medical and surgical aid or hospital and nursing service incurred directly as a result of such affected person contracting COVID-19, including, but not limited to, medical rehabilitation services, mental health therapy services and prescription drugs; [,] and (3) burial expenses in the amount of three thousand dollars in any case in which an employee died due to contracting COVID-19 during (A) the public health and civil preparedness emergencies declared by the Governor on March 10, 2020, or any extension of such declarations, or (B) any new public health and civil preparedness emergencies declared by the Governor as a result of
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a COVID-19 outbreak in this state. (f) The administrator shall promptly review all claims submitted pursuant to this section. The administrator shall evaluate each claim and determine, on the basis of information provided by the affected person, or additional information provided at the request of the administrator, whether or not such claim should be approved and, if approved, the amount of assistance offered. The administrator shall provide such determination, in writing, to such affected person not later than sixty business days after having received the notice of claim, or, if the administrator requested additional information, not later than ten business days after receiving such additional information, and shall direct the Comptroller to pay any such assistance offered to such affected person in the amount and for the duration determined by the administrator, if applicable. If the administrator determines more information is needed from the affected person for the purpose of requesting assistance for uncompensated leave, out-of-pocket costs for medical and surgical aid or hospital or nursing service or burial expenses, the administrator may pay such affected person for the completed parts of their claim while the remainder of the claim is pending. (g) For purposes of this section, a pending workers' compensation claim submitted by an affected person shall not prevent the administrator from approving such person's claim for assistance under this section, provided any workers' compensation benefits such affected person receives for the workers' compensation claim shall be offset by the amount of assistance such affected person receives for uncompensated leave under this section, as deemed appropriate by the presiding workers' compensation commissioner. Any assistance available under this section shall be offset by any workers' compensation benefits already paid to the affected person for the uncompensated leave or out-of-pocket medical costs, including
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payments made without prejudice. It shall be the responsibility of the administrator of the fund to notify the Workers' Compensation Commission of an available offset. (h) For purposes of this section, a disability or unemployment claim submitted by an affected person or affected employee shall not prevent the administrator from approving such person's claim for assistance under this section, provided any assistance available under this section shall be offset by any disability or unemployment benefits already paid to the affected person for the uncompensated leave, including payments made without prejudice. If an affected person or affected employee received unemployment benefits pursuant to chapter 567, nothing in this section shall be construed to require such person to be currently employed with a previous employer in order to qualify for assistance from the fund. [(h)] (i) An affected person may request that a determination made pursuant to subsection (f) of this section be reconsidered by the administrator's designee by filing a request with the administrator, on a form prescribed by the administrator, not later than twenty business days after the mailing of the notice of such determination. The administrator, not later than three business days after receipt of such request for reconsideration, shall designate an individual to conduct such reconsideration and shall submit to such designated individual all documents relating to such affected person's claim. The administrator's designee shall conduct any reconsideration requested by an affected person, which shall consist of a de novo review of all relevant evidence, not later than twenty business days after such individual's designation. Such administrator's designee shall issue such designee's decision affirming, modifying or reversing the decision of the administrator not later than twenty business days after the designee's reconsideration of the determination and shall submit such decision in writing to the administrator and the affected person. The decision shall include a short
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statement of findings that shall specify any assistance to be paid to the affected person in accordance with subsection (f) of this section. [(i)] (j) Any statement, document, information or matter may be considered by the administrator or, on reconsideration, by the administrator's designee, if in the opinion of the administrator or designee, it contributes to a determination of the claim, whether or not the same would be admissible in a court of law. [(j)] (k) There shall be no right of appeal by any affected person or affected employee claiming assistance under this section following the final decision of the administrator's designee issued pursuant to subsection [(h)] (i) of this section. [(k)] (l) Any assistance provided to an affected person under this section shall not be considered income for the purpose of the state's personal income tax law, corporation tax or any other tax laws. [(l)] (m) If a claim is paid to an affected person erroneously or as a result of wilful misrepresentation by such affected person, the administrator may seek repayment of benefits from the affected person having received such compensation and may also, in the case of wilful misrepresentation, seek payment of a penalty in the amount of fifty per cent of the benefits paid as a result of such misrepresentation. [(m)] (n) On or before January 1, 2022, and monthly thereafter, and any other time at the request of the administrator, the Comptroller shall submit a report to the administrator indicating the value of the Connecticut Essential Workers COVID-19 Assistance Fund at the time of the report. [(n)] (o) On or before January 1, 2022, and at least quarterly thereafter, the administrator shall submit to the joint standing committee of the General Assembly having cognizance of matters relating to labor, in accordance with section 11-4a, a report on the financial condition of the
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Connecticut Essential Workers COVID-19 Assistance Fund. Such report shall include (1) an estimate of the fund's value as of the date of the report; (2) the effect of scheduled payments on the fund's value; (3) an estimate of the monthly administrative costs necessary to operate the program and the fund; and (4) any recommendations for legislation to improve the operation or administration of the program and the fund. (p) On or after the effective date of this section, the administrator shall review any previously denied, or currently pending, claim for assistance from the program and make a new determination of eligibility. Sec. 206. Subsection (b) of section 2 of public act 22-1 is repealed and the following is substituted in lieu thereof (Effective May 1, 2023): (b) Notwithstanding any provision of the general statutes, special act, municipal charter or ordinance, the zoning commission of each municipality shall allow any licensee or permittee of a food establishment operating in such municipality to engage in outdoor food and beverage service as an accessory use of such food establishment's permitted use. Such accessory use shall be allowed as of right, subject only to any required administrative site plan review to determine conformance with zoning requirements not contemplated by this section, provided such accessory use would not result in the expansion of a nonconforming use, and such licensee or permittee shall comply with any applicable provision of title 30 of the general statutes. Sec. 207. Section 18-81p of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): The Commissioner of Correction, in consultation with the Department of Mental Health and Addiction Services and the Judicial Department, shall annually review, evaluate and make recommendations concerning [substance abuse detoxification and treatment programs for drug-dependent pretrial and sentenced inmates
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of correctional facilities and] (1) substance use disorder screening, diagnostic and treatment services that are available to individuals who are incarcerated during the entirety of any period of incarceration; (2) mental health screening, diagnostic and treatment services that are available to individuals who are incarcerated during the entirety of any period of incarceration; and (3) the reintegration of such [inmates] individuals into the community. [The commissioner shall examine various options for the detoxification and treatment of drug-dependent inmates including, but not limited to, methadone maintenance treatment and other therapies or treatments, and the reintegration of drug-dependent inmates into the community upon their release from incarceration, including the transfer of inmates to community-based methadone or other therapy or treatment programs. The commissioner shall report his findings and recommendations and submit a proposal for detoxification, treatment and reintegration programs including, if appropriate, the establishment of one or more pilot programs for methadone maintenance or other therapy or treatment for drug- dependent inmates to the General Assembly not later than February 1, 1998.] On or before January 1, 2023, and annually thereafter, the Commissioner of Correction shall report on such review, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary, public health and appropriations and the budgets of state agencies. Sec. 208. (Reserved) Sec. 209. (Reserved) Sec. 210. (Effective July 1, 2022) (a) The Commissioner of Emergency Services and Public Protection, in consultation with the Commissioner of Administrative Services, the State Fire Marshal, the Secretary of the Office of Policy and Management and the chairman of the Commission on Fire Prevention and Control, shall, within available appropriations,
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establish and administer a pilot program for the purpose of implementing a data collection system related to fire and rescue service delivery in the state. For a period of three years commencing from July 1, 2022, the commissioner shall administer such pilot program in any local or regional fire department or district that has self-identified as challenged or in crisis regarding the delivery of fire and rescue services. (b) Any local or regional fire department or district may apply for participation in the data collection program. Any application submitted pursuant to this subsection shall include a written statement by the fire department or district that it is currently challenged or in crisis regarding the delivery of fire and rescue services. (c) Notwithstanding subsection (a) or (b) of this section, the Tolland County Mutual Aid Emergency Communications Center, the Quinebaug Valley Emergency Communications Center, the Litchfield County Dispatch, the Valley Shore Emergency Communications Center and the Northwest Connecticut Public Safety Communications Center may elect to participate in the data collection program upon request. (d) Not later than sixty days after the commissioner approves the application of any local or regional fire department or district pursuant to subsection (b) of this section, the commissioner shall admit such fire department or district to the data collection program. (e) For the purposes of data collection pursuant to such pilot program, the commissioner shall either utilize the National Fire Operations Reporting System or develop a data collection system capable of real-time tracking information relevant to fire and rescue responses, including, but not limited to (1) call processing time, (2) alarm handling, and (3) turnout time. The commissioner shall provide to any fire department or district participating in the program monthly reports of the data collected for such fire department or district pursuant to the program.
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(f) On or before July 1, 2023, and annually thereafter, the commissioner shall conduct an evaluation of the fire and rescue data collection pilot program. Such evaluation shall address the overall effectiveness of the pilot program in collecting the relevant data. The commissioner shall submit, in accordance with the provisions of section 11-4a of the general statutes, such evaluation and any recommendations for legislation to the joint standing committees of the General Assembly having cognizance of matters relating to public safety and planning and development. Sec. 211. Subsections (d) to (f), inclusive, of section 31-225a of the 2022 supplement to the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (d) (1) The standard rate of contributions shall be five and four-tenths per cent. Each employer who has not been chargeable with benefits, for a sufficient period of time to have his or her rate computed under this section shall pay contributions at a rate that is the higher of [(1)] (A) one per cent, or [(2)] (B) the state's five-year benefit cost rate. For purposes of this subsection, the state's five-year benefit cost rate shall be computed annually on or before June thirtieth and shall be derived by dividing the total dollar amount of benefits paid to claimants under this chapter during the five consecutive calendar years immediately preceding the computation date by the five-year payroll during the same period, except that, to the extent allowed by federal law and as necessary to respond to the spread of COVID-19, for any taxable year commencing on or after January 1, 2022, the state's five-year benefit cost rate shall be calculated without regard to benefit payments and taxable wages for calendar years 2020 and 2021, when applicable. [If the resulting quotient is not an exact multiple of one-tenth of one per cent, the five-year benefit cost rate shall be the next higher such multiple.] (2) For the period beginning January 1, 2023, and ending December 31, 2023, the state's five-year benefit cost rate shall be calculated
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pursuant to the formula under subdivision (1) of this subsection minus two-tenths of one per cent. (3) If the resulting quotient in this subsection is not an exact multiple of one-tenth of one per cent, the five-year benefit cost rate shall be the next higher such multiple. (e) (1) (A) As of each June thirtieth, the administrator shall determine the charged tax rate for each qualified employer. Such rate shall be obtained by calculating a benefit ratio for each qualified employer. The employer's benefit ratio shall be the quotient obtained by dividing the total amount chargeable to the employer's experience account during the experience period by the total of his or her taxable wages during such experience period that have been reported by the employer to the administrator on or before the following September thirtieth. The resulting quotient, expressed as a per cent, shall constitute the employer's charged rate, except that each employer's charged rate for calendar years 2024 and 2025 shall be divided by 1.471 and 1.269, respectively. (i) For calendar years commencing prior to January 1, 2024, if the resulting quotient is not an exact multiple of one-tenth of one per cent, the charged rate shall be the next higher such multiple, except that if the resulting quotient is less than five-tenths of one per cent, the charged rate shall be five-tenths of one per cent and if the resulting quotient is greater than five and four-tenths per cent, the charged rate shall be five and four-tenths per cent. (ii) For calendar years commencing on or after January 1, 2024, if the resulting quotient is less than one-tenth of one per cent, the charged rate shall be one-tenth of one per cent and if the resulting quotient is greater than ten per cent, the charged rate shall be ten per cent. (B) If the benefit ratios calculated pursuant to subparagraph (A) of
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Public Act No. 22-118 313 of 739
this subdivision would result in the average benefit ratio of all employers within a sector of the North American Industry Classification System increasing over the prior calendar year's such average by an amount equal to or greater than .01, the benefit ratio of each employer within such sector shall be adjusted downward by an amount equal to one-half of the increase in the average benefit ratio of all employers within such sector. Sectors 21 and 23 of said system shall be considered one sector for the purposes of this subparagraph. (2) (A) Each contributing employer subject to this chapter shall pay an assessment to the administrator at a rate established by the administrator sufficient to pay interest due on advances from the federal unemployment account under Title XII of the Social Security Act (42 U.S. Code Sections 1321 to 1324). The administrator shall establish the necessary procedures for payment of such assessments. The amounts received by the administrator based on such assessments shall be paid over to the State Treasurer and credited to the General Fund. Any amount remaining from such assessments, after all such federal interest charges have been paid, shall be transferred to the Employment Security Administration Fund or to the Unemployment Compensation Advance Fund established under section 31-264a, (i) to the extent that any federal interest charges have been paid from the Unemployment Compensation Advance Fund, (ii) to the extent that the administrator determines that reimbursement is appropriate, or (iii) otherwise to the extent that reimbursement of the advance fund is the appropriate accounting principle governing the use of the assessments. Sections 31-265 to 31- 274, inclusive, shall apply to the collection of such assessments. (B) On and after January 1, 1994, and conditioned upon the issuance of any revenue bonds pursuant to section 31-264b, each contributing employer shall also pay an assessment to the administrator at a rate established by the administrator sufficient to pay the interest due on advances from the Unemployment Compensation Advance Fund and
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Public Act No. 22-118 314 of 739
reimbursements required for advances from the Unemployment Compensation Advance Fund, computed in accordance with subsection (h) of section 31-264a. The administrator shall establish the assessments as a percentage of the charged tax rate for each employer pursuant to subdivision (1) of this subsection. The administrator shall establish the necessary procedures for billing, payment and collection of the assessments. Sections 31-265 to 31-274, inclusive, shall apply to the collection of such assessments by the administrator. The payments received by the administrator based on the assessments, excluding interest and penalties on past due assessments, are hereby pledged and shall be paid over to the State Treasurer for credit to the Unemployment Compensation Advance Fund. (f) (1) (A) For each calendar year commencing with calendar year 1994 but prior to calendar year 2013, the administrator shall establish a fund balance tax rate sufficient to maintain a balance in the Unemployment Compensation Trust Fund equal to eight-tenths of one per cent of the total wages paid to workers covered under this chapter by contributing employers during the year ending the last preceding June thirtieth. If the fund balance tax rate established by the administrator results in a fund balance in excess of said per cent as of December thirtieth of any year, the administrator shall, in the year next following, establish a fund balance tax rate sufficient to eliminate the fund balance in excess of said per cent. (B) For each calendar year commencing with calendar year 2013, the administrator shall establish a fund balance tax rate sufficient to maintain a balance in the Unemployment Compensation Trust Fund that results in an average high cost multiple equal to 0.5. (C) Commencing with calendar year 2014 and ending with calendar year 2018, the administrator shall establish a fund balance tax rate sufficient to maintain a balance in the Unemployment Compensation Trust Fund that results in an average high cost multiple that is increased
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Public Act No. 22-118 315 of 739
by 0.1 from the preceding calendar year. (D) Commencing with calendar year 2019, the administrator shall establish a fund balance tax rate sufficient to maintain a balance in the Unemployment Compensation Trust Fund that results in an average high cost multiple equal to 1.0. If the fund balance tax rate established by the administrator results in a fund balance in excess of the amount prescribed in this subdivision as of December thirtieth of any year, the administrator shall, in the year next following, establish a fund balance rate sufficient to eliminate the fund balance in excess of said amount. (E) The assessment levied by the administrator at any time (i) during a calendar year commencing on or after January 1, 1994, but prior to January 1, 1999, shall not exceed one and five-tenths per cent, (ii) during a calendar year commencing on or after January 1, 1999, but prior to January 1, 2013, shall not exceed one and four-tenths per cent, and shall not be calculated to result in a fund balance in excess of eight-tenths of one per cent of such total wages, (iii) during a calendar year commencing on or after January 1, 2013, but prior to January 1, 2024, shall not exceed one and four-tenths per cent and shall not be calculated to result in a fund balance in excess of the amounts prescribed in this subdivision, [and] (iv) during the calendar year beginning January 1, 2023, and ending December 31, 2023, shall not exceed one and two- tenths per cent and shall not be calculated to result in a fund balance in excess of the amounts prescribed in this subdivision, and (v) during a calendar year commencing on or after January 1, 2024, shall not exceed one per cent and shall not be calculated to result in a fund balance in excess of the amounts prescribed in this subdivision. (F) During a calendar year that begins during an economic recession declared by the National Bureau of Economic Research on or before November fifteenth of the prior calendar year, the assessment levied by the administrator shall not exceed one-half of one per cent unless such maximum rate jeopardizes the state's access to interest-free federal
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Public Act No. 22-118 316 of 739
advances, including, but not limited to, those offered pursuant to 42 USC 1322 and subject to the funding goals established in 20 CFR 606.32, as amended from time to time. (2) The average high cost multiple shall be computed as follows: The result of the balance of the Unemployment Compensation Trust Fund on December thirtieth immediately preceding the new rate year divided by the total wages paid to workers covered under this chapter by contributing employers for the twelve months ending on the December thirtieth immediately preceding the new rate year shall be the numerator and the average of the three highest calendar benefit cost rates in (A) the last twenty years, or (B) a period including the last three recessions, whichever is longer, shall be the denominator. Benefit cost rates are computed as benefits paid including the state's share of extended benefits but excluding reimbursable benefits as a per cent of total wages in covered employment. The results rounded to the next lower one decimal place will be the average high cost multiple. Sec. 212. Section 38a-129 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) It shall be the purpose of sections 38a-129 to 38a-140, inclusive, to safeguard the financial security of Connecticut domestic insurance companies by empowering the Insurance Commissioner to supervise the activities of insurance companies doing business within this state which are affiliated with an insurance holding company system, to review the acquisition of control over the management of domestic insurance companies, however effectuated, and to provide standards for such supervision and review. (b) As used in sections 38a-129 to 38a-140, inclusive, the following terms shall have the respective meanings hereinafter set forth, unless the context shall otherwise require:
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Public Act No. 22-118 317 of 739
(1) "Affiliate" or "affiliated" has the same meaning as provided in section 38a-1; (2) "Commissioner" means the Insurance Commissioner and any assistant to the Insurance Commissioner designated and authorized by the commissioner while acting under such designation; (3) "Control", "controlled by" or "under common control with" has the same meaning as provided in section 38a-1; (4) "Enterprise risk" means any activity, circumstance, event or series of events involving one or more affiliates of an insurer that, if not remedied promptly, is likely to have a material adverse effect upon the financial condition or liquidity of the insurer or the insurer's insurance holding company system as a whole, including, but not limited to, any activity, circumstance, event or series of events that would cause an insurer's risk-based capital to fall below minimum threshold levels, as described in subsection (d) of section 38a-72 or, for a health care center, in subdivision (2) of subsection (a) of section 38a-193, or would cause the insurer to be in a hazardous financial condition; (5) "Group capital calculation instructions" means the Group Capital Calculation Instructions and Reporting Template as adopted by the NAIC and as amended by the NAIC from time to time in accordance with the procedures adopted by the NAIC; [(5)] (6) "Insurance holding company system" means two or more affiliated persons, one or more of which is an insurance company; [(6)] (7) "Insurance company" or "insurer" has the same meaning as provided in section 38a-1, except that it does not include agencies, authorities or instrumentalities of the United States, its possessions and territories, the Commonwealth of Puerto Rico, the District of Columbia, or a state or political subdivision of a state;
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Public Act No. 22-118 318 of 739
[(7)] (8) "NAIC" means the National Association of Insurance Commissioners; (9) "NAIC liquidity stress test framework" means the NAIC Liquidity Stress Test Framework publication which includes a history of the NAIC's development of regulatory liquidity stress testing, the scope criteria applicable for a specific data year, and the liquidity stress test instructions and reporting templates for a specific data year, such scope criteria, instructions, and reporting template being as adopted by the NAIC and as amended by the NAIC from time to time in accordance with the procedures adopted by the NAIC; [(8)] (10) "Person" has the same meaning as provided in section 38a- 1, or any combination of persons so defined acting in concert; (11) "Scope criteria" means the designated exposure bases along with minimum magnitudes thereof for the specified data year used to establish a preliminary list of insurers considered scoped into the NAIC liquidity stress test framework for that data year; [(9)] (12) A "securityholder" of a specified person means one who owns any security of such person, including common stock, preferred stock, debt obligations and any other security convertible into or evidencing the right to acquire any of the foregoing; [(10)] (13) "Subsidiary" has the same meaning as provided in section 38a-1; and [(11)] (14) "Voting security" includes any security convertible into or evidencing a right to acquire a voting security. (c) The provisions of sections 38a-129 to 38a-140, inclusive, shall apply to captive insurance companies, as defined in section 38a-91aa, as specified in section 38a-91oo.
House Bill No. 5506
Public Act No. 22-118 319 of 739
Sec. 213. Subsections (g) to (o), inclusive, of section 38a-135 of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (g) (1) Except as provided in subdivision (2) of this subsection, the ultimate controlling person of every insurer subject to registration shall concurrently file with such registration an annual group capital calculation not later than June first of each year, with the lead state commissioner. The report shall be completed in accordance with the NAIC group capital calculation instructions, which may permit the lead state commissioner to allow a controlling person that is not the ultimate controlling person to file the group capital calculation. The report shall be filed with the lead state commissioner of the insurance holding company system as determined by the lead state commissioner in accordance with the procedures contained in the Financial Analysis Handbook adopted by the NAIC. (2) An insurance holding company system shall be exempt from filing the group capital calculation if it is: (A) An insurance holding company system that has only one insurer within its holding company structure, that only writes business and is only licensed in its domestic state and assumes no business from any other insurer; (B) An insurance holding company system that is subject to the group capital requirements applicable to an insurance group that owns a depository institution or institutions by the United States Federal Reserve Board. The lead state commissioner shall request such group capital requirements applicable to the insurance group from the United States Federal Reserve Board under the terms of information sharing agreements in effect. If the United States Federal Reserve Board cannot share the calculation with the lead state commissioner, the insurance holding company system shall not be exempt from the group capital
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Public Act No. 22-118 320 of 739
calculation filing; (C) An insurance holding company system whose non-United States group-wide supervisor is located within a reciprocal jurisdiction as described in section 38a-85 that recognizes the United States regulatory approach to group supervision and group capital; or (D) An insurance holding company system: (i) That provides information to the lead state commissioner that meets the requirements for accreditation under the NAIC financial standards and accreditation program, either directly or indirectly through the group-wide supervisor, who has determined such information is satisfactory to allow the lead state commissioner to comply with the NAIC group supervision approach, as detailed in the NAIC Financial Analysis Handbook; and (ii) Whose non-United States group-wide supervisor that is not in a reciprocal jurisdiction recognizes and accepts, as specified by the lead state commissioner in regulation, the group capital calculation as the world-wide group capital assessment for United States insurance groups who operate in that jurisdiction. (3) Notwithstanding subparagraphs (C) and (D) of subdivision (2) of this subsection, a lead state commissioner shall require the group capital calculation for the United States operations of any non-United States based insurance holding company system where, after any necessary consultation with other supervisors or officials, it is determined appropriate by the lead state commissioner for prudential oversight and solvency monitoring purposes or for ensuring competitiveness of the insurance marketplace. (4) Notwithstanding subparagraphs (A) and (D) of subdivision (2) of this subsection, the lead state commissioner shall have the discretion to exempt the ultimate controlling person from filing the annual group
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Public Act No. 22-118 321 of 739
capital calculation or to accept a limited group capital filing or report in accordance with criteria as specified by the lead state commissioner in regulation. (5) If the lead state commissioner determines that an insurance holding company system no longer meets one or more of the requirements for an exemption for filing the group capital calculation under subdivision (2) of this subsection, the insurance holding company system shall file the group capital calculation at the next annual filing date unless given an extension by the lead state commissioner based on reasonable grounds shown. (6) The information reported and provided to the lead state commissioner by an insurance holding company, including an insurance holding company supervised by the United States Federal Reserve Board pursuant to this subsection, shall: (A) Be confidential by law and privileged; (B) Not be subject to disclosure under section 1-210; (C) Not be subject to subpoena; and (D) Not be subject to discovery or admissible in any civil action. (7) The group capital calculation and resulting group capital ratio required pursuant to this subsection are regulatory tools for assessing group risks and capital adequacy and are not intended as a means to rank insurers or insurance holding company systems generally. (h) The ultimate controlling person of every insurer subject to registration and also scoped into the NAIC liquidity stress test framework shall file the results of a specific year's liquidity stress test to the lead state insurance commissioner of the insurance holding company system as determined by procedures within the Financial
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Public Act No. 22-118 322 of 739
Analysis Handbook adopted by the NAIC. (1) The NAIC liquidity stress test framework includes scope criteria applicable to a specific data year. These scope criteria are reviewed at least annually by the NAIC Financial Stability Task Force or its successor. Any change to the NAIC liquidity stress test framework or to the data year for which the scope criteria are to be measured shall be effective on January first of the year following the calendar year when such changes are adopted. Insurers meeting at least one threshold of the scope criteria shall be considered scoped into the NAIC liquidity stress test framework for the specified data year unless the lead state commissioner, in consultation with the NAIC Financial Stability Task Force or its successor, determines the insurer should not be scoped into the NAIC liquidity stress test framework for that data year. Insurers that do not trigger at least one threshold of the scope criteria shall be considered scoped out of the NAIC liquidity stress test framework for the specified data year, unless the lead state insurance commissioner, in consultation with the NAIC Financial Stability Task Force or its successor, determines the insurer should be scoped into the NAIC liquidity stress test framework for that data year. (2) The performance of, and filing of the results from, a specific year's liquidity stress test shall comply with the NAIC liquidity stress test framework's instructions and reporting templates for that year and any lead state insurance commissioner determinations, in conjunction with the NAIC Financial Stability Task Force or its successor, provided within the NAIC liquidity stress test framework. (3) The information reported and provided to the lead state commissioner by an insurance holding company, including an insurance holding company supervised by the United States Federal Reserve Board pursuant to this subsection, shall: (A) Be confidential by law and privileged;
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Public Act No. 22-118 323 of 739
(B) Not be subject to disclosure under section 1-210; (C) Not be subject to subpoena; and (D) Not be subject to discovery or admissible in any civil action. (4) The liquidity stress test along with its results and supporting disclosures required pursuant to this subsection are regulatory tools for assessing group liquidity risks and are not intended as a means to rank insurers or insurance holding company systems generally. [(g)] (i) The commissioner shall terminate the registration of any insurance company that demonstrates that it no longer is a member of an insurance holding company system. [(h)] (j) The commissioner may require or allow two or more affiliated insurance companies subject to registration hereunder to file a consolidated registration statement. [(i)] (k) The commissioner may allow an insurance company that is authorized to do business in this state and is part of an insurance holding company system to register on behalf of any affiliated insurer that is required to register under subsection (a) of this section and to file all information and materials required to be filed under this section. [(j)] (l) Any person may file with the commissioner a disclaimer of affiliation with any insurance company and any insurance company may file a disclaimer of affiliation with any other person. The disclaimer shall fully disclose all material relationships and bases for affiliation between such person and such insurance company as well as the basis for disclaiming such affiliation. After a disclaimer has been filed, the insurance company shall be relieved of any duty to register or report under this section that may arise out of the insurance company's relationship with such person unless the commissioner disallows such disclaimer. The commissioner shall disallow such disclaimer only after
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Public Act No. 22-118 324 of 739
furnishing all parties in interest with notice and an opportunity to be heard, and after making specific findings of fact to support such disallowance. [(k)] (m) The failure to file a registration statement or any amendment, addition thereto or summary or an enterprise risk report required by this section within the time specified for such filing shall be a violation of sections 38a-129 to 38a-140, inclusive. [(l)] (n) The commissioner may by regulation or order exempt any insurance company or class of insurance companies from registration under this section if, in the commissioner's judgment, registration by such company or class of companies is not necessary to effectuate the purposes of said sections. [(m)] (o) A foreign or alien insurer shall not be required to register pursuant to this section if it is (1) subject to disclosure requirements and standards adopted by statute or regulation in the jurisdiction of its domicile that are substantially similar to those contained in this section and subsections (a), (b), (f) and (g) of section 38a-136, or (2) admitted in the domiciliary jurisdiction of the principal insurer in its holding company system and in said jurisdiction is subject to disclosure requirements and standards adopted by statute or regulation that are substantially similar to those contained in this section and subsections (a), (b), (f) and (g) of section 38a-136. The commissioner may require any authorized insurer that is a member of a holding company system not subject to registration under this section to furnish a copy of the registration statement or other information filed by such insurance company with the insurance regulatory authority of its domicile or the domicile of the principal insurer in its holding company system, as the case may be. [(n)] (p) (1) To assess the business strategy, financial, legal or regulatory position risk exposure, risk management or governance
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Public Act No. 22-118 325 of 739
processes of a domestic insurance company registered under this section that is part of an insurance holding company system that has international operations, and as part of the examination pursuant to section 38a-14a of such insurance company, the commissioner may initiate, be a member of or participate in a supervisory college, which shall be a temporary or permanent forum for communication between and cooperation among state, federal and international regulatory officials. (2) If the commissioner initiates a supervisory college, the commissioner shall (A) establish the membership of, and participation by state, federal or international regulatory officials in, such supervisory college, (B) establish the functions of the supervisory college and the role of members and participants, and select a chairperson for such supervisory college, (C) coordinate the activities of the supervisory college, including meeting planning and processes for information sharing that comply with the applicable confidentiality provisions set forth in section 38a-137, and (D) establish a crisis management plan for such supervisory college. (3) The commissioner may enter into written agreements with state, federal or international regulatory officials for the governing of the activities of a supervisory college. Any such agreements shall maintain the confidentiality requirements under section 38a-137. (4) Each insurance company subject to registration under this section shall be assessed for and shall pay to the commissioner its share of the reasonable costs, including reasonable travel expenses, of the commissioner's participation in a supervisory college. Such payment shall be in addition to any other taxes, fees and moneys otherwise payable to the state. The commissioner shall establish the assessment method for such costs and provide reasonable notice to each insurance company subject to any such assessment.
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Public Act No. 22-118 326 of 739
(5) Nothing in this subsection shall be construed to limit the authority of the commissioner to regulate an insurance company or its affiliate under the commissioner's jurisdiction or to delegate any regulatory authority of the commissioner to a supervisory college. [(o)] (q) (1) As used in this subsection: (A) "Group-wide supervisor" means the regulatory official (i) authorized by such official's jurisdiction to conduct and coordinate group-wide supervisory activities, and (ii) who is determined or acknowledged to be the group-wide supervisor of an internationally active insurance group pursuant to this subsection; and (B) "internationally active insurance group" means any insurance holding company system that (i) includes an insurance company registered pursuant to this section, and (ii) meets the following criteria: (I) Premiums are written in at least three countries; (II) the percentage of gross premiums written, including, for purposes of this subsection, administrative service fees, associated expenses and claims payments, without such amounts transacted in the United States is at least ten per cent of the insurance holding company system's total gross written premiums; and (III) based on a three-year rolling average, the total assets of the insurance holding company system are at least fifty billion dollars or the total gross written premiums of the insurance holding company system are at least ten billion dollars. (2) (A) The commissioner, in cooperation with other state, federal and international regulatory agencies of the jurisdictions where members of the internationally active insurance group are domiciled, shall determine a single group-wide supervisor for an internationally active insurance group. An insurance holding company system that does not qualify as an internationally active insurance group may request that the commissioner make a determination or acknowledgment of a group- wide supervisor as set forth in this subsection. (B) The commissioner may determine that the commissioner is the appropriate group-wide supervisor for an internationally active
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Public Act No. 22-118 327 of 739
insurance group that conducts substantial insurance business operations in this state and may act as a group-wide supervisor for any internationally active insurance group in accordance with the provisions of this subsection. (C) The commissioner may acknowledge that the regulatory official of another jurisdiction is an appropriate group-wide supervisor for an internationally active insurance group that (i) does not conduct substantial insurance business operations in the United States, (ii) conducts substantial insurance business operations in the United States but not in this state, or (iii) conducts substantial insurance business operations in the United States and in this state but the commissioner has determined, pursuant to the factors set forth in subdivision (3) of this subsection, that the regulatory official of another jurisdiction is the appropriate group-wide supervisor. (D) When another regulatory official is acting as the group-wide supervisor of an internationally active insurance group, the commissioner shall acknowledge such official as the group-wide supervisor, except that the commissioner shall make a determination or acknowledgment of a group-wide supervisor for such insurance group if a material change in such insurance group results in (i) the largest share of such insurance group's premiums, assets or liabilities being held by member insurance companies domiciled in this state, or (ii) this state being the place of domicile of the top-tiered insurance company or companies in such insurance group. (E) A regulatory official determined or acknowledged to be a group- wide supervisor of an internationally active insurance group may determine, after considering the factors set forth in subdivision (3) of this subsection, that it is appropriate to acknowledge another regulatory official to serve as the group-wide supervisor of such insurance group. Such acknowledgment shall be made (i) in cooperation with and subject to the acknowledgment of other regulatory officials of the jurisdictions
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Public Act No. 22-118 328 of 739
where members of such insurance group are domiciled, and (ii) in consultation with such insurance group. (3) The commissioner shall consider the following factors in making a determination or acknowledgment under subdivision (2) of this subsection: (A) The place of domicile of the member insurance companies of the internationally active insurance group that holds the largest share of such insurance group's premiums, assets or liabilities; (B) The place of domicile of the top-tiered insurance company or companies in the internationally active insurance group; (C) The locations of the executive offices or the largest operational offices of the internationally active insurance group; and (D) Whether (i) a regulatory official of another jurisdiction is acting or seeking to act as the group-wide supervisor under a regulatory system the commissioner determines to be substantially similar to that provided under the laws of this state or is otherwise sufficient in terms of group-wide supervision, enterprise risk analysis and cooperation with other regulatory officials, and (ii) such regulatory official acting or seeking to act as the group-wide supervisor provides the commissioner with reasonably reciprocal recognition and cooperation. (4) The commissioner may collect, pursuant to section 38a-14a, from any insurance company registered pursuant to this section any information necessary for the commissioner to determine whether the commissioner may act as the group-wide supervisor of an internationally active insurance group of which such company is a member or whether the commissioner may acknowledge that a regulatory official of another jurisdiction should act as the group-wide supervisor of such insurance group.
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Public Act No. 22-118 329 of 739
(5) Prior to issuing any determination or acknowledgment under this subsection, the commissioner shall notify the member insurance company registered pursuant to this section and the ultimate controlling person of the internationally active insurance group of such pending determination or acknowledgment. The commissioner shall provide the internationally active insurance group at least thirty calendar days to submit any additional information pertinent to such determination or acknowledgment that is requested by the commissioner or that such insurance group chooses to submit. The commissioner shall publish in the Connecticut Law Journal and post on the Insurance Department's Internet web site a current list of internationally active insurance groups that the commissioner has determined are subject to group-wide supervision by the commissioner. (6) The commissioner may conduct and coordinate the following group-wide supervision activities for an internationally active insurance group for which the commissioner is determined to be the group-wide supervisor: (A) Assess the enterprise risks within the internationally active insurance group to ensure that material financial conditions of and liquidity risks to the members of such insurance group that are engaged in the business of insurance are identified by management and that reasonable and effective mitigation measures are in place; (B) Request from members of such insurance group information necessary and appropriate to assess enterprise risk, including, but not limited to, information about governance, risk assessment and management, capital adequacy and material intercompany transactions; (C) Coordinate and, through the authority of the regulatory officials of the jurisdictions where members of the internationally active insurance group are domiciled, compel the development and implementation of reasonable measures designed to ensure the
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Public Act No. 22-118 330 of 739
internationally active insurance group is able to timely recognize and mitigate material enterprise risks to the members of such insurance group that are engaged in the business of insurance; (D) Communicate with other state, federal and international regulatory agencies of the jurisdictions where members of the internationally active insurance group are domiciled and share relevant information, subject to the confidentiality provisions of section 38a-137, through a supervisory college, as set forth in subsection [(n)] (p) of this section; (E) Enter into agreements with or obtain documentation from any member insurance company registered under this section, any other member of the internationally active insurance group and any other state, federal and international regulatory agencies of the jurisdictions where members of the internationally active insurance group are domiciled, to establish or clarify the commissioner's role as group-wide supervisor and that may include provisions for resolving disputes with other regulatory officials. No such agreement or documentation shall serve as evidence that an insurance company or person within an insurance company holding system that is not domiciled or incorporated in this state is doing business in this state or is otherwise subject to the jurisdiction of this state; and (F) Other activities necessary to effectuate the group-wide supervisory purposes of this section and sections 38a-129 to 38a-140, inclusive, and within the authority granted in said sections. (7) If the commissioner acknowledges that a regulatory official of a jurisdiction not accredited by NAIC is the group-wide supervisor of an internationally active insurance group, the commissioner shall reasonably cooperate through a supervisory college or otherwise with group supervision undertaken by such group-wide supervisor, provided such cooperation is in compliance with the laws of this state
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and such group-wide supervisor recognizes and cooperates with the commissioner's activities as a group-wide supervisor for other internationally active insurance groups, where applicable. The commissioner may refuse to cooperate if the commissioner determines such recognition and cooperation are not reasonably reciprocated. The commissioner may enter into agreements with or obtain documentation from any member insurance company registered pursuant to this section, any affiliate of such insurance company and any other state, federal and international regulatory agencies of the jurisdictions where members of the internationally active insurance group are domiciled, to establish or clarify such official's role as group-wide supervisor. (8) The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to carry out the provisions of this subsection. (9) Each insurance company registered pursuant to this section shall be liable for and shall pay the reasonable expenses of the commissioner's administration of this subsection, including the engagement of the services of attorneys, actuaries and other professionals and all reasonable travel expenses. Sec. 214. Section 38a-136 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) Transactions within an insurance holding company system to which an insurance company subject to registration under section 38a- 135 is a party shall be subject to the following requirements: (1) The terms shall be fair and reasonable; (2) [charges] Charges or fees for services performed shall be reasonable; (3) [expenses] Expenses incurred and payment received shall be allocated to the insurance company in conformity with customary
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insurance accounting practices consistently applied; (4) [the] The books, accounts and records of each party shall be so maintained as to clearly and accurately disclose the precise nature and details of the transactions, including such accounting information as is necessary to support the reasonableness of the charges or fees to the respective parties; (5) [the] The insurance company's surplus shall be reasonable in relation to such company's outstanding liabilities and adequate to its financial needs; [and] (6) [agreements] Agreements for cost-sharing services and management shall include such provisions as may be required by regulations adopted by the commissioner; [.] (7) If an insurance company subject to sections 38a-129 to 38a-140, inclusive, is determined by the commissioner to be in a hazardous financial condition as set forth in sections 38a-8-101 to 38a-8-104, inclusive, of the regulations of Connecticut state agencies or a condition that would be grounds for supervision, conservation or a delinquency proceeding as set forth in chapter 704c, the commissioner may require the insurance company to secure and maintain either a deposit, held by the commissioner, or a bond, as determined by the insurance company at the insurance company's discretion, for the protection of the insurance company for the duration of the contracts or agreements, or the existence of the condition for which the commissioner required the deposit or the bond. In determining whether the bond is required, the commissioner shall consider whether concerns exist with respect to affiliates of the insurance company to fulfill the contracts or agreements if the insurance company were to be put into liquidation. Once the insurance company is determined to be in a hazardous financial condition or a condition that is grounds for supervision, conservation or a delinquency proceeding, and a deposit or bond is necessary, the
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commissioner may determine the amount of the deposit or bond, not to exceed the value of the contracts or agreements in any one year, and whether such deposit or bond shall be required for a single contract, multiple contracts or a contract only with a specific affiliate of the insurance company; (8) All records and data of the insurance company held by an affiliate shall remain the property of the insurance company and shall be subject to control of the insurance company, identifiable, and segregated or readily capable of segregation, at no additional cost to the insurance company, from all other persons' records and data, including, but not limited to, all records and data that are otherwise the property of the insurance company, in whatever form maintained, including, but not limited to, claims and claim files, policyholder lists, application files, litigation files, premium records, rate books, underwriting manuals, personnel records, financial records or similar records within the possession, custody or control of the affiliate. At the request of the insurance company, the affiliate shall provide that the receiver can obtain a complete set of all records of any type that pertain to the insurance company's business; obtain access to the operating systems on which the data is maintained; obtain the software that runs such systems either through assumption of licensing agreements or otherwise; and restrict the use of the data by the affiliate if it is not operating the insurance company's business. The affiliate shall provide a waiver of any landlord lien or other encumbrance to give the insurance company access to all records and data in the event of the affiliate's default under a lease or other agreement; and (9) Premiums or other funds that belong to the insurance company that are collected by or held by an affiliate or affiliates are the exclusive property of the insurance company and shall be subject to the control of the insurance company. Any right of offset of amounts due to or due from the insurance company and an affiliate or affiliates in the event an
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insurance company is placed into receivership shall be subject to chapter 704c. (b) (1) The following transactions involving a domestic insurance company and any person in its holding company system, including amendments to or modifications of affiliate agreements previously filed pursuant to this section and that are subject to any materiality standards specified in subparagraphs (A) to (G), inclusive, of this subdivision, may not be entered into unless the insurance company has notified the commissioner in writing of its intention to enter into such transaction at least thirty days prior thereto, or such shorter period as the commissioner may permit, and the commissioner has approved or not disapproved it within such period. The written notice for such amendments or modifications shall specify the reasons for the change and the financial impact on the domestic insurance company. Not later than thirty days after the termination of a previously filed agreement, the domestic insurance company shall notify the commissioner of such termination for the commissioner's determination of what written notice or filing shall be required, if any: (A) Sales, purchases, exchanges, loans or extensions of credit, or investments, provided such transactions are equal to or exceed: (i) With respect to nonlife insurance companies, the lesser of three per cent of the insurance company's admitted assets or twenty-five per cent of surplus; or (ii) with respect to life insurance companies, three per cent of the insurance company's admitted assets; each as of the thirty-first day of December next preceding; (B) Loans or extensions of credit to any person who is not an affiliate, where the insurance company makes such loans or extensions of credit with the agreement or understanding that the proceeds of such transactions, in whole or in substantial part, are to be used to make loans or extensions of credit to, to purchase assets of, or to make investments in, any affiliate of the insurance company making such loans or
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extensions of credit, provided such transactions are equal to or exceed: (i) With respect to nonlife insurance companies, the lesser of three per cent of the insurance company's admitted assets or twenty-five per cent of surplus; or (ii) with respect to life insurance companies, three per cent of the insurance company's admitted assets; each as of the thirty-first day of December next preceding; (C) Reinsurance agreements or modifications thereto, including (i) all reinsurance pooling agreements, and (ii) agreements in which the reinsurance premium or a change in the insurance company's liabilities, or the projected reinsurance premium or a projected change in the insurance company's liabilities in any of the next three years, equals or exceeds five per cent of the insurance company's surplus, as of the thirty-first day of December next preceding, including those agreements that may require as consideration the transfer of assets from an insurance company to a nonaffiliate, if an agreement or understanding exists between the insurance company and nonaffiliate that any portion of such assets will be transferred to one or more affiliates of the insurance company; (D) All management agreements, service contracts, tax allocation agreements and cost-sharing arrangements; (E) Guarantees by a domestic insurance company, except that a guarantee that is (i) quantifiable as to amount, and (ii) does not exceed the lesser of one-half of one per cent of the insurance company's admitted assets or ten per cent of surplus with regard to policyholders, as of the thirty-first day of December next preceding, shall not be subject to the notice requirement of this subsection; (F) Direct or indirect acquisitions or investments in a person that controls the domestic insurance company or in an affiliate of the insurance company in an amount that, together with the insurance company's present holdings in such investments, exceeds two and one-
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half per cent of the insurance company's surplus with regard to policyholders. This subsection shall not apply to direct or indirect acquisitions of or investments in (i) subsidiaries acquired pursuant to section 38a-102d or authorized pursuant to any section of this title other than sections 38a-129 to 38a-140, inclusive, or (ii) nonsubsidiary affiliates that are subject to the provisions of sections 38a-129 to 38a-140, inclusive; and (G) Any material transactions, specified by regulation, that the commissioner determines may adversely affect the interests of the insurance company's policyholders. (2) Nothing contained in this section shall be deemed to authorize or permit any transactions that, in the case of an insurance company not a member of the same insurance holding company system, would be otherwise contrary to law. (c) A domestic insurance company may not enter into transactions that are part of a plan or series of like transactions with persons within the insurance holding company system if the purpose of those separate transactions is to avoid the statutory threshold amount and thus avoid the review that would otherwise occur. If the commissioner determines that such separate transactions were entered into over any twelve- month period for such purpose, the commissioner may exercise authority under section 38a-140. (d) The commissioner, in reviewing transactions pursuant to subsection (b) of this section, shall consider whether the transactions comply with the standards set forth in subsection (a) of this section and whether they may adversely affect the interests of policyholders. (e) Except as may be exempted pursuant to regulations adopted, in accordance with the provisions of chapter 54, by the commissioner or otherwise waived by the commissioner, the commissioner shall be
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notified not later than thirty days after any material investment of the domestic insurance company in any one corporation if the total investment in such corporation by such insurance company's insurance holding company system exceeds ten per cent of such corporation's voting securities. (f) (1) No insurance company subject to registration under section 38a-135 shall pay any extraordinary dividend or make any other extraordinary distribution to its stockholders until the commissioner has approved such payment or until thirty days after the commissioner has received notice from such company of the declaration thereof within which period the commissioner has not disapproved such payment, whichever is sooner. For the purposes of this subsection, an extraordinary dividend or distribution is any dividend or distribution of cash or other property, whose fair market value together with that of other dividends or distributions made within the preceding twelve months, exceeds the greater of (A) ten per cent of such insurance company's surplus as of the thirty-first day of December last preceding, or (B) the net gain from operations of such insurance company, if such company is a life insurance company, or the net income, if such company is not a life insurance company, for the twelve-month period ending the thirty-first day of December last preceding, but shall not include pro rata distributions of any class of the insurance company's own securities. (2) Notwithstanding any other provision of law, an insurance company may declare an extraordinary dividend or distribution that is conditional upon the commissioner's approval thereof, but such a declaration shall confer no rights upon stockholders until (A) the commissioner has approved the payment of such dividend or distribution, or (B) until thirty days after such declaration thereof within which period the commissioner has not disapproved such declaration, whichever is sooner.
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(g) For purposes of sections 38a-129 to 38a-140, inclusive, in determining whether an insurance company's surplus is reasonable in relation to the insurance company's outstanding liabilities and adequate to its financial needs, the following factors, in addition to others, shall be considered: (1) The size of the insurance company as measured by its assets, capital and surplus, reserves, premium writings, insurance in force and other appropriate criteria; (2) the extent to which the insurance company's business is diversified among the several lines of insurance; (3) the number and size of risks insured in each line of business; (4) the nature of the geographical dispersion of the insurance company's insured risks; (5) the nature and extent of the insurance company's reinsurance program; (6) the quality, diversification and liquidity of the insurance company's investment portfolio; (7) the recent past and projected future trend in the size of the insurance company's surplus; (8) the surplus maintained by other comparable insurance companies; (9) the adequacy of the insurance company's reserves; (10) the quality of the company's earnings and the extent to which the reported earnings include extraordinary items; and (11) the quality and liquidity of investments in affiliates. The commissioner may discount any such investment or treat any such investment as a disallowed asset for purposes of determining the adequacy of surplus whenever, in the commissioner's judgment, such investment warrants. (h) (1) Any domestic insurance company that is affiliated with an insurance holding company system shall report for informational purposes to the Insurance Commissioner all dividends and other distributions to securityholders, not later than five business days after the declaration and at least ten days, commencing from the date of receipt by the Insurance Department, prior to payment thereof. (2) No dividend or other distribution may be paid when the surplus of the insurance company is less than the surplus required by section 38a-72 for the kind or kinds of business authorized to be transacted by
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such company, nor when the payment of a dividend or other distribution would reduce its surplus to less than such amount. (3) Except as otherwise provided by law, no dividend or other distribution exceeding an amount equal to an insurance company's earned surplus may be paid without the Insurance Commissioner's prior approval. For purposes of this subsection, "earned surplus" means "unassigned funds-surplus", as defined in the annual report of the insurance company that was most recently submitted pursuant to section 38a-53, reduced by twenty-five per cent of unrealized appreciation in value or revaluation of assets or unrealized profits on investments, as defined in such report. (i) (1) The commissioner may require a domestic insurance company of which control has been acquired pursuant to section 38a-130 to submit to a financial examination and a market conduct examination within thirty days after such acquisition in accordance with procedures set forth by NAIC's examiner's handbook and such regulations as the commissioner may adopt. (2) No domestic insurance company of which control has been acquired pursuant to section 38a-130 shall, without the prior approval of the commissioner: (A) Pay or propose to pay any dividend during the period of two years from the date of acquisition of control of such insurance company; (B) acquire or enter into an agreement or understanding to acquire control, during the period of three years after the date of acquisition of control of such insurance company, of any other person or persons whose assets exceed twenty-five million dollars; (C) provide or propose to provide directly or indirectly, during the period of three years after the date of acquisition of control of such insurance company, any loans, advances, guarantees, pledges or other financial assistance; or (D) engage in any material transaction with any person during the period of three years after the date of acquisition of such insurance company. For purposes of this subsection, a "material
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transaction" shall include, but not be limited to, any transfer or encumbrance of assets not in the ordinary course of business that, together with all other transfers or encumbrances made within the preceding twelve months, exceeds in value the greater of (i) ten per cent of such insurance company's surplus as of the December thirty-first last preceding, or (ii) the net gain from operations of such insurance company, if such company is a life insurance company, or the net investment income of such company, if such company is not a life insurance company, for the twelve-month period ending the December thirty-first last preceding. (3) The commissioner shall, upon a written request from the controlled domestic insurance company and, upon public hearing after notice to all interested parties, determine whether any limitations contained in subdivision (2) of this subsection shall be continued, or whether and on what conditions they may be waived. Such determination shall be predicated on the results of the examinations under subdivision (1) of this subsection and such further examinations, if any, the commissioner may require concerning the adequacy of the insurance company's reserves, the effect any proposed transaction will have on the insurance company's surplus, its cash flow needs and its ability to satisfy any reasonably anticipated obligations in the foreseeable future, and any other effect the proposed transaction would have on the financial stability or solvency of the insurance company and the quality and liquidity of its assets. All fees and expenses relating to such examinations shall be paid by the insurance company. (4) Nothing in this subsection shall be interpreted to prohibit any transactions between a domestic insurance company and any of its subsidiaries in the ordinary course of business. (j) (1) Any affiliate that is a party to an agreement or contract with a domestic insurance company that is subject to subparagraph (D) of subdivision (1) of subsection (b) of this section shall be subject to the
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jurisdiction of any order of rehabilitation or liquidation against the insurance company and to the authority of any rehabilitator or liquidator for the insurance company appointed pursuant to chapter 704c, for the purpose of interpreting, enforcing and overseeing the affiliate's obligations under the agreements or contracts to perform services for the insurance company that: (A) Are an integral part of the insurance company's operations, including, but not limited to, management, administration, accounting, data processing, marketing, underwriting, claims handling, investment or any other similar functions; or (B) Are essential to the insurance company's ability to fulfill its obligations under insurance policies. (2) The commissioner may require that an agreement or contract pursuant to subparagraph (D) of subdivision (1) of subsection (b) of this section for provisions or services set forth in subparagraphs (A) and (B) of subdivision (1) of this subsection specify that the affiliate consents to the jurisdiction described in subdivision (1) of this subsection. Sec. 215. Section 38a-137 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) All information, documents, materials and copies thereof obtained by or disclosed to the commissioner or any other person in the course of an examination or investigation made pursuant to section 38a-14a and all information reported, furnished or filed pursuant to sections 38a-131, 38a-135 and 38a-136 shall (1) be confidential by law and privileged, (2) not be subject to disclosure under section 1-210, (3) not be subject to subpoena, and (4) not be subject to discovery or admissible in evidence in any civil action. The commissioner shall not make such information, documents, materials or copies public without the prior written consent of the insurance company to which it pertains unless the commissioner,
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after giving the insurance company and its affiliates who would be affected thereby notice and opportunity to be heard, determines that the interests of policyholders, securityholders or the public will be served by the publication thereof, in which event the commissioner may publish all or any part thereof in such manner as the commissioner may deem appropriate. The commissioner may use such information, documents, materials or copies in the furtherance of any regulatory or legal action brought as part of the commissioner's official duties. (b) Neither the commissioner nor any person who receives information, documents, materials or copies as set forth in subsection (a) of this section or with whom such information, documents, materials or copies are shared, while acting under the authority of the commissioner, shall testify or be required to testify in any civil action concerning such information, documents, materials or copies. (c) Except as specified in subdivision (2) of subsection (f) of section 38a-135, to assist the commissioner in the performance of the commissioner's duties, the commissioner: (1) May share information, documents, materials or copies thereof, including information, documents, materials or copies deemed confidential and privileged pursuant to subsection (a) of this section, with (A) other state, federal and international regulatory officials, (B) the NAIC [or its affiliate or subsidiaries] and any third-party consultants designated by the commissioner, (C) the International Association of Insurance Supervisors, (D) the Bank for International Settlements, (E) the Federal Insurance Office, (F) state, federal and international law enforcement authorities, and (G) members or participants of a supervisory college, as described in subsection [(n)] (p) of section 38a- 135, of which the commissioner is a member or a participant, provided the recipient of any such information, documents, materials or copies agrees, in writing, to maintain the confidentiality and privileged status of such information, documents, materials and copies, and has verified,
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in writing, the recipient's legal authority to maintain confidentiality; (2) May receive information, documents, materials or copies thereof, including confidential and privileged information, documents, materials or copies, from the NAIC [or its affiliates or subsidiaries] and any third-party consultants designated by the commissioner, the International Association of Insurance Supervisors, the Bank for International Settlements, the Federal Insurance Office, or state, federal and international law enforcement authorities. The commissioner shall maintain as confidential and privileged any information, documents, materials or copies received with notice or the understanding that such information, documents, materials or copies are confidential and privileged under the laws of the jurisdiction that is the source of such information, documents, materials or copies; and (3) Shall enter into written agreements consistent with this subsection with the NAIC and any third-party consultants designated by the commissioner, and may enter into written agreements consistent with this subsection with the International Association of Insurance Supervisors or the Bank for International Settlements, governing the sharing and use of information, documents, materials or copies thereof shared or received pursuant to sections 38a-129 to 38a-140, inclusive. Any such agreement consistent with this subsection shall (A) specify the procedures and protocols regarding the confidentiality and security of information shared (i) with the NAIC [or its affiliates or subsidiaries] or a third-party consultant designated by the commissioner, the International Association of Insurance Supervisors or the Bank for International Settlements pursuant to sections 38a-129 to 38a-140, inclusive, and (ii) by the NAIC [or its affiliates or subsidiaries] or a third- party consultant designated by the commissioner, the International Association of Insurance Supervisors or the Bank for International Settlements with other state, federal or international regulatory officials, (B) provide that the recipient agrees in writing to maintain the
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confidentiality and privileged status of the documents, materials or other information and has verified in writing the recipient's legal authority to maintain such confidentiality or privilege, (C) specify that the commissioner shall retain ownership of such information and that the use of such information by the NAIC [or its affiliates or subsidiaries] or a third-party consultant, the International Association of Insurance Supervisors or the Bank for International Settlements is subject to the commissioner's discretion, [(C)] (D) excluding documents, material or information reported pursuant to subsection (h) of section 38a-135, prohibit the NAIC or third-party consultant designated by the commissioner from storing such information shared pursuant to sections 38a-129 to 38a-140, inclusive, in a permanent database after the underlying analysis is completed, (E) require prompt notice to be given to an insurance company whose confidential information is in the possession of the NAIC or [its affiliates or subsidiaries] a third-party consultant designated by the commissioner, the International Association of Insurance Supervisors or the Bank for International Settlements, if the NAIC or [its affiliates or subsidiaries] a third-party consultant designated by the commissioner, the International Association of Insurance Supervisors or the Bank for International Settlements is subject to a request or subpoena for disclosure or production of such information, [and (D)] (F) require the NAIC or [its affiliates or subsidiaries] a third-party consultant designated by the commissioner, the International Association of Insurance Supervisors or the Bank for International Settlements, if any said entity [or such affiliate or subsidiary] is subject to disclosure of an insurance company's confidential information that has been shared with said entity, [or such affiliate or subsidiary,] to allow such insurance company to intervene in any judicial or administrative action regarding such disclosure or information, and (G) for documents, material or information reported pursuant to subsection (h) of section 38a-135, in the case of an agreement involving a third-party consultant, provide for notification of the identity of the consultant to the applicable insurer.
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(d) No waiver of any applicable privilege or claim of confidentiality in any information, documents, materials or copies thereof shall occur as a result of disclosure to the commissioner or of sharing in accordance with this section. Nothing in this section shall be construed to delegate any regulatory authority of the commissioner to any person or entity with which any information, documents, materials or copies thereof have been shared. (e) Any information, documents, materials or copies thereof in the possession of the NAIC or [its affiliates or subsidiaries] a third-party consultant designated by the commissioner, the International Association of Insurance Supervisors or the Bank for International Settlements pursuant to this section shall be confidential by law and privileged and shall not be subject to discovery or admissible in evidence in any civil action in this state. Sec. 216. (Effective from passage) (a) There is established a working group to examine and develop recommendations regarding potential legislation to criminalize acts of coercion and inducement as described in 18 USC 2422. (b) The working group shall be comprised of: (1) An individual appointed by the president pro tempore of the Senate, who shall serve as the chairperson of the working group, (2) an individual appointed by the speaker of the House of Representatives, (3) an individual appointed by the minority leader of the Senate, (4) an individual appointed by the minority leader of the House of Representatives, (5) an individual appointed by the Senate chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary, (6) an individual appointed by the House chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary, (7) an individual appointed by the Senate ranking member of the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary, (8) an
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individual appointed by the House ranking member of the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary, (9) the Chief Public Defender, or the Chief Public Defender's designee, and (10) the Chief State's Attorney, or the Chief State's Attorney's designee. Any member of the working group appointed under subdivisions (1) to (8), inclusive, of this subsection may be a member of the General Assembly. (c) All appointments to the working group shall be made not later than sixty days after the effective date of this section. The appointing authority shall provide a copy of such appointment to the administrator of the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary not later than seven days after the date of the appointment. (d) The chairperson of the working group shall schedule the first meeting of the working group, which shall be held not later than ninety days after the effective date of this section. (e) On or before January 15, 2023, the working group shall report its recommendations, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary. The working group shall terminate on the date that it submits such report or January 15, 2023, whichever is later. Sec. 217. Section 19a-754a of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): (a) There is established an Office of Health Strategy, which shall be within the Department of Public Health for administrative purposes only. The department head of said office shall be the executive director of the Office of Health Strategy, who shall be appointed by the Governor
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in accordance with the provisions of sections 4-5 to 4-8, inclusive, with the powers and duties therein prescribed. (b) The Office of Health Strategy shall be responsible for the following: (1) Developing and implementing a comprehensive and cohesive health care vision for the state, including, but not limited to, a coordinated state health care cost containment strategy; (2) Promoting effective health planning and the provision of quality health care in the state in a manner that ensures access for all state residents to cost-effective health care services, avoids the duplication of such services and improves the availability and financial stability of such services throughout the state; (3) Directing and overseeing the State Innovation Model Initiative and related successor initiatives; (4) (A) Coordinating the state's health information technology initiatives, (B) seeking funding for and overseeing the planning, implementation and development of policies and procedures for the administration of the all-payer claims database program established under section 19a-775a, (C) establishing and maintaining a consumer health information Internet web site under section 19a-755b, and (D) designating an unclassified individual from the office to perform the duties of a health information technology officer as set forth in sections 17b-59f and 17b-59g; (5) Directing and overseeing the Health Systems Planning Unit established under section 19a-612 and all of its duties and responsibilities as set forth in chapter 368z; (6) Convening forums and meetings with state government and external stakeholders, including, but not limited to, the Connecticut
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Health Insurance Exchange, to discuss health care issues designed to develop effective health care cost and quality strategies; [and] (7) (A) Administering the Covered Connecticut program established under section 19a-754c in consultation with the Commissioner of Social Services, Insurance Commissioner and Connecticut Health Insurance Exchange, and (B) consulting with the Commissioner of Social Services and Insurance Commissioner for the purposes set forth in section 17b- 312; [.] and (8) (A) Setting an annual health care cost growth benchmark and primary care spending target pursuant to section 219 of this act, (B) developing and adopting health care quality benchmarks pursuant to section 219 of this act, (C) developing strategies, in consultation with stakeholders, to meet such benchmarks and targets developed pursuant to section 219 of this act, (D) enhancing the transparency of provider entities, as defined in subdivision (13) of section 218 of this act, (E) monitoring the development of accountable care organizations and patient-centered medical homes in the state, and (F) monitoring the adoption of alternative payment methodologies in the state. (c) The Office of Health Strategy shall constitute a successor, in accordance with the provisions of sections 4-38d, 4-38e and 4-39, to the functions, powers and duties of the following: (1) The Connecticut Health Insurance Exchange, established pursuant to section 38a-1081, relating to the administration of the all- payer claims database pursuant to section 19a-755a; and (2) The Office of the Lieutenant Governor, relating to the (A) development of a chronic disease plan pursuant to section 19a-6q, (B) housing, chairing and staffing of the Health Care Cabinet pursuant to section 19a-725, and (C) (i) appointment of the health information technology officer, and (ii) oversight of the duties of such health
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information technology officer as set forth in sections 17b-59f and 17b- 59g. (d) Any order or regulation of the entities listed in subdivisions (1) and (2) of subsection (c) of this section that is in force on July 1, 2018, shall continue in force and effect as an order or regulation until amended, repealed or superseded pursuant to law. Sec. 218. (NEW) (Effective from passage) For the purposes of this section and sections 219 to 223, inclusive, of this act: (1) "Drug manufacturer" means the manufacturer of a drug that is: (A) Included in the information and data submitted by a health carrier pursuant to section 38a-479qqq of the general statutes, (B) studied or listed pursuant to subsection (c) or (d) of section 19a-754b of the general statutes, or (C) in a therapeutic class of drugs that the executive director determines, through public or private reports, has had a substantial impact on prescription drug expenditures, net of rebates, as a percentage of total health care expenditures; (2) "Executive director" means the executive director of the Office of Health Strategy; (3) "Health care cost growth benchmark" means the annual benchmark established pursuant to section 219 of this act; (4) "Health care quality benchmark" means an annual benchmark established pursuant to section 219 of this act; (5) "Health care provider" has the same meaning as provided in subdivision (1) of subsection (a) of section 19a-17b of the general statutes; (6) "Net cost of private health insurance" means the difference between premiums earned and benefits incurred, and includes insurers'
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costs of paying bills, advertising, sales commissions, and other administrative costs, net additions or subtractions from reserves, rate credits and dividends, premium taxes and profits or losses; (7) "Office" means the Office of Health Strategy established under section 19a-754a of the general statutes; (8) "Other entity" means a drug manufacturer, pharmacy benefits manager or other health care provider that is not considered a provider entity; (9) "Payer" means a payer, including Medicaid, Medicare and governmental and nongovernment health plans, and includes any organization acting as payer that is a subsidiary, affiliate or business owned or controlled by a payer that, during a given calendar year, pays health care providers for health care services or pharmacies or provider entities for prescription drugs designated by the executive director; (10) "Performance year" means the most recent calendar year for which data were submitted for the applicable health care cost growth benchmark, primary care spending target or health care quality benchmark; (11) "Pharmacy benefits manager" has the same meaning as provided in subdivision (10) of section 38a-479ooo of the general statutes; (12) "Primary care spending target" means the annual target established pursuant to section 219 of this act; (13) "Provider entity" means an organized group of clinicians that come together for the purposes of contracting, or are an established billing unit that, at a minimum, includes primary care providers, and that collectively, during any given calendar year, has enough attributed lives to participate in total cost of care contracts, even if they are not engaged in a total cost of care contract;
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(14) "Potential gross state product" means a forecasted measure of the economy that equals the sum of the (A) expected growth in national labor force productivity, (B) expected growth in the state's labor force, and (C) expected national inflation, minus the expected state population growth; (15) "Total health care expenditures" means the sum of all health care expenditures in this state from public and private sources for a given calendar year, including: (A) All claims-based spending paid to providers, net of pharmacy rebates, (B) all patient cost-sharing amounts, and (C) the net cost of private health insurance; and (16) "Total medical expense" means the total cost of care for the patient population of a payer or provider entity for a given calendar year, where cost is calculated for such year as the sum of (A) all claims- based spending paid to providers by public and private payers, and net of pharmacy rebates, (B) all nonclaims payments for such year, including, but not limited to, incentive payments and care coordination payments, and (C) all patient cost-sharing amounts expressed on a per capita basis for the patient population of a payer or provider entity in this state. Sec. 219. (NEW) (Effective from passage) (a) Not later than July 1, 2022, the executive director shall publish (1) the health care cost growth benchmarks and annual primary care spending targets as a percentage of total medical expenses for the calendar years 2021 to 2025, inclusive, and (2) the annual health care quality benchmarks for the calendar years 2022 to 2025, inclusive, on the office's Internet web site. (b) (1) (A) Not later than July 1, 2025, and every five years thereafter, the executive director shall develop and adopt annual health care cost growth benchmarks and annual primary care spending targets for the succeeding five calendar years for provider entities and payers.
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(B) In developing the health care cost growth benchmarks and primary care spending targets pursuant to this subdivision, the executive director shall consider (i) any historical and forecasted changes in median income for individuals in the state and the growth rate of potential gross state product, (ii) the rate of inflation, and (iii) the most recent report prepared by the executive director pursuant to subsection (b) of section 220 of this act. (C) (i) The executive director shall hold at least one informational public hearing prior to adopting the health care cost growth benchmarks and primary care spending targets for each succeeding five-year period described in this subdivision. The executive director may hold informational public hearings concerning any annual health care cost growth benchmark and primary care spending target set pursuant to subsection (a) or subdivision (1) of subsection (b) of this section. Such informational public hearings shall be held at a time and place designated by the executive director in a notice prominently posted by the executive director on the office's Internet web site and in a form and manner prescribed by the executive director. The executive director shall make available on the office's Internet web site a summary of any such informational public hearing and include the executive director's recommendations, if any, to modify or not to modify any such annual benchmark or target. (ii) If the executive director determines, after any informational public hearing held pursuant to this subparagraph, that a modification to any health care cost growth benchmark or annual primary care spending target is, in the executive director's discretion, reasonably warranted, the executive director may modify such benchmark or target. (iii) The executive director shall annually (I) review the current and projected rate of inflation, and (II) include on the office's Internet web site the executive director's findings of such review, including the
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reasons for making or not making a modification to any applicable health care cost growth benchmark. If the executive director determines that the rate of inflation requires modification of any health care cost growth benchmark adopted under this section, the executive director may modify such benchmark. In such event, the executive director shall not be required to hold an informational public hearing concerning such modified health care cost growth benchmark. (D) The executive director shall post each adopted health care cost growth benchmark and annual primary care spending target on the office's Internet web site. (E) Notwithstanding the provisions of subparagraphs (A) to (D), inclusive, of this subdivision, if the average annual health care cost growth benchmark for a succeeding five-year period described in this subdivision differs from the average annual health care cost growth benchmark for the five-year period preceding such succeeding five-year period by more than one-half of one per cent, the executive director shall submit the annual health care cost growth benchmarks developed for such succeeding five-year period to the joint standing committee of the General Assembly having cognizance of matters relating to insurance for the committee's review and approval. The committee shall be deemed to have approved such annual health care cost growth benchmarks for such succeeding five-year period, except upon a vote to reject such benchmarks by the majority of committee members at a meeting of such committee called for the purpose of reviewing such benchmarks and held not later than thirty days after the executive director submitted such benchmarks to such committee. If the committee votes to reject such benchmarks, the executive director may submit to the committee modified annual health care cost growth benchmarks for such succeeding five-year period for the committee's review and approval in accordance with the provisions of this subparagraph. The executive director shall not be required to hold an
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informational public hearing concerning such modified benchmarks. Until the joint standing committee of the General Assembly having cognizance of matters relating to insurance approves annual health care cost growth benchmarks for the succeeding five-year period, such benchmarks shall be deemed to be equal to the average annual health care cost growth benchmark for the preceding five-year period. (2) (A) Not later than July 1, 2025, and every five years thereafter, the executive director shall develop and adopt annual health care quality benchmarks for the succeeding five calendar years for provider entities and payers. (B) In developing annual health care quality benchmarks pursuant to this subdivision, the executive director shall consider (i) quality measures endorsed by nationally recognized organizations, including, but not limited to, the National Quality Forum, the National Committee for Quality Assurance, the Centers for Medicare and Medicaid Services, the Centers for Disease Control, the Joint Commission and expert organizations that develop health equity measures, and (ii) measures that: (I) Concern health outcomes, overutilization, underutilization and patient safety, (II) meet standards of patient-centeredness and ensure consideration of differences in preferences and clinical characteristics within patient subpopulations, and (III) concern community health or population health. (C) (i) The executive director shall hold at least one informational public hearing prior to adopting the health care quality benchmarks for each succeeding five-year period described in this subdivision. The executive director may hold informational public hearings concerning the quality measures the executive director proposes to adopt as health care quality benchmarks. Such informational public hearings shall be held at a time and place designated by the executive director in a notice prominently posted by the executive director on the office's Internet web site and in a form and manner prescribed by the executive director.
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Public Act No. 22-118 355 of 739
The executive director shall make available on the office's Internet web site a summary of any such informational public hearing and include the executive director's recommendations, if any, to modify or not modify any such health care quality benchmark. (ii) If the executive director determines, after any informational public hearing held pursuant to this subparagraph, that modifications to any health care quality benchmarks are, in the executive director's discretion, reasonably warranted, the executive director may modify such quality benchmarks. The executive director shall not be required to hold an additional informational public hearing concerning such modified quality benchmarks. (D) The executive director shall post each adopted health care quality benchmark on the office's Internet web site. (c) The executive director may enter into such contractual agreements as may be necessary to carry out the purposes of this section, including, but not limited to, contractual agreements with actuarial, economic and other experts and consultants. Sec. 220. (NEW) (Effective from passage) (a) Not later than August 15, 2022, and annually thereafter, each payer shall report to the executive director, in a form and manner prescribed by the executive director, for the preceding or prior years, if the executive director so requests based on material changes to data previously submitted, aggregated data, including aggregated self-funded data as applicable, necessary for the executive director to calculate total health care expenditures, primary care spending as a percentage of total medical expenses and net cost of private health insurance. Each payer shall also disclose, as requested by the executive director, payer data required for adjusting total medical expense calculations to reflect changes in the patient population. (b) Not later than March 31, 2023, and annually thereafter, the
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executive director shall prepare and post on the office's Internet web site, a report concerning the total health care expenditures utilizing the total aggregate medical expenses reported by payers pursuant to subsection (a) of this section, including, but not limited to, a breakdown of such population-adjusted total medical expenses by payer and provider entities. The report may include, but shall not be limited to, information regarding the following: (1) Trends in major service category spending; (2) Primary care spending as a percentage of total medical expenses; (3) The net cost of private health insurance by payer by market segment, including individual, small group, large group, self-insured, student and Medicare Advantage markets; and (4) Any other factors the executive director deems relevant to providing context on such data, which shall include, but not be limited to, the following factors: (A) The impact of the rate of inflation and rate of medical inflation; (B) impacts, if any, on access to care; and (C) responses to public health crises or similar emergencies. (c) The executive director shall annually submit a request to the federal Centers for Medicare and Medicaid Services for the unadjusted total medical expenses of Connecticut residents. (d) Not later than August 15, 2023, and annually thereafter, each payer or provider entity shall report to the executive director in a form and manner prescribed by the executive director, for the preceding year, and for prior years if the executive director so requests based on material changes to data previously submitted, on the health care quality benchmarks adopted pursuant to section 219 of this act. (e) Not later than March 31, 2024, and annually thereafter, the executive director shall prepare and post on the office's Internet web
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site, a report concerning health care quality benchmarks reported by payers and provider entities pursuant to subsection (d) of this section. (f) The executive director may enter into such contractual agreements as may be necessary to carry out the purposes of this section, including, but not limited to, contractual agreements with actuarial, economic and other experts and consultants. Sec. 221. (NEW) (Effective from passage) (a) (1) For each calendar year, beginning on January 1, 2023, the executive director shall, if the payer or provider entity subject to the cost growth benchmark or primary care spending target so requests, meet with such payer or provider entity to review and validate the total medical expenses data collected pursuant to section 220 of this act for such payer or provider entity. The executive director shall review information provided by the payer or provider entity and, if deemed necessary, amend findings for such payer or provider prior to the identification of payer or provider entities that exceeded the health care cost growth benchmark or failed to meet the primary care spending target for the performance year as set forth in section 220 of this act. The executive director shall identify, not later than May first of such calendar year, each payer or provider entity that exceeded the health care cost growth benchmark or failed to meet the primary care spending target for the performance year. (2) For each calendar year beginning on or after January 1, 2024, the executive director shall, if the payer or provider entity subject to the health care quality benchmarks for the performance year so requests, meet with such payer or provider entity to review and validate the quality data collected pursuant to section 220 of this act for such payer or provider entity. The executive director shall review information provided by the payer or provider entity and, if deemed necessary, amend findings for such payer or provider prior to the identification of payer or provider entities that exceeded the health care quality benchmark as set forth in section 220 of this act. The executive director
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shall identify, not later than May first of such calendar year, each payer or provider entity that exceeded the health care quality benchmark for the performance year. (3) Not later than thirty days after the executive director identifies each payer or provider entity pursuant to subdivisions (1) and (2) of this subsection, the executive director shall send a notice to each such payer or provider entity. Such notice shall be in a form and manner prescribed by the executive director, and shall disclose to each such payer or provider entity: (A) That the executive director has identified such payer or provider entity pursuant to subdivision (1) or (2) of this subsection; and (B) The factual basis for the executive director's identification of such payer or provider entity pursuant to subdivision (1) or (2) of this subsection. (b) (1) For each calendar year beginning on and after January 1, 2023, if the executive director determines that the annual percentage change in total health care expenditures for the performance year exceeded the health care cost growth benchmark for such year, the executive director shall identify, not later than May first of such calendar year, any other entity that significantly contributed to exceeding such benchmark. Each identification shall be based on: (A) The report prepared by the executive director pursuant to subsection (b) of section 220 of this act for such calendar year; (B) The report filed pursuant to section 38a-479ppp of the general statutes for such calendar year; (C) The information and data reported to the office pursuant to subsection (d) of section 19a-754b of the general statutes for such calendar year;
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(D) Information obtained from the all-payer claims database established under section 19a-755a of the general statutes; and (E) Any other information that the executive director, in the executive director's discretion, deems relevant for the purposes of this section. (2) The executive director shall account for costs, net of rebates and discounts, when identifying other entities pursuant to this section. Sec. 222. (NEW) (Effective from passage) (a) (1) Not later than June 30, 2023, and annually thereafter, the executive director shall hold an informational public hearing to compare the growth in total health care expenditures in the performance year to the health care cost growth benchmark established pursuant to section 219 of this act for such year. Such hearing shall involve an examination of: (A) The report most recently prepared by the executive director pursuant to subsection (b) of section 220 of this act; (B) The expenditures of provider entities and payers, including, but not limited to, health care cost trends, primary care spending as a percentage of total medical expenses and the factors contributing to such costs and expenditures; and (C) Any other matters that the executive director, in the executive director's discretion, deems relevant for the purposes of this section. (2) The executive director may require any payer or provider entity that, for the performance year, is found to be a significant contributor to health care cost growth in the state or has failed to meet the primary care spending target, to participate in such hearing. Each such payer or provider entity that is required to participate in such hearing shall provide testimony on issues identified by the executive director and provide additional information on actions taken to reduce such payer's or entity's contribution to future state-wide health care costs and
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expenditures or to increase such payer's or provider entity's primary care spending as a percentage of total medical expenses. (3) The executive director may require that any other entity that is found to be a significant contributor to health care cost growth in this state during the performance year participate in such hearing. Any other entity that is required to participate in such hearing shall provide testimony on issues identified by the executive director and provide additional information on actions taken to reduce such other entity's contribution to future state-wide health care costs. If such other entity is a drug manufacturer, and the executive director requires that such drug manufacturer participate in such hearing with respect to a specific drug or class of drugs, such hearing may, to the extent possible, include representatives from at least one brand-name manufacturer, one generic manufacturer and one innovator company that is less than ten years old. (4) Not later than October 15, 2023, and annually thereafter, the executive director shall prepare and submit a report, in accordance with section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to insurance and public health. Such report shall be based on the executive director's analysis of the information submitted during the most recent informational public hearing conducted pursuant to this subsection and any other information that the executive director, in the executive director's discretion, deems relevant for the purposes of this section, and shall: (A) Describe health care spending trends in this state, including, but not limited to, trends in primary care spending as a percentage of total medical expense, and the factors underlying such trends; (B) Include the findings from the report prepared pursuant to subsection (b) of section 220 of this act;
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(C) Describe a plan for monitoring any unintended adverse consequences resulting from the adoption of cost growth benchmarks and primary care spending targets and the results of any findings from the implementation of such plan; and (D) Disclose the executive director's recommendations, if any, concerning strategies to increase the efficiency of the state's health care system, including, but not limited to, any recommended legislation concerning the state's health care system. (b) (1) Not later than June 30, 2024, and annually thereafter, the executive director shall hold an informational public hearing to compare the performance of payers and provider entities in the performance year to the quality benchmarks established for such year pursuant to section 219 of this act. Such hearing shall include an examination of: (A) The report most recently prepared by the executive director pursuant to subsection (e) of section 220 of this act; and (B) Any other matters that the executive director, in the executive director's discretion, deems relevant for the purposes of this section. (2) The executive director may require any payer or provider entity that failed to meet any health care quality benchmarks in this state during the performance year to participate in such hearing. Each such payer or provider entity that is required to participate in such hearing shall provide testimony on issues identified by the executive director and provide additional information on actions taken to improve such payer's or provider entity's quality benchmark performance. (3) Not later than October 15, 2024, and annually thereafter, the executive director shall prepare and submit a report, in accordance with section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to
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insurance and public health. Such report shall be based on the executive director's analysis of the information submitted during the most recent informational public hearing conducted pursuant to this subsection and any other information that the executive director, in the executive director's discretion, deems relevant for the purposes of this section, and shall: (A) Describe health care quality trends in this state and the factors underlying such trends; (B) Include the findings from the report prepared pursuant to subsection (e) of section 220 of this act; and (C) Disclose the executive director's recommendations, if any, concerning strategies to improve the quality of the state's health care system, including, but not limited to, any recommended legislation concerning the state's health care system. Sec. 223. (NEW) (Effective from passage) The executive director may adopt regulations, in accordance with chapter 54 of the general statutes, to implement the provisions of section 19a-754a of the general statutes and sections 218 to 222, inclusive, of this act. Sec. 224. (NEW) (Effective January 1, 2023) (a) For the purposes of this section, "health enhancement program" means a health benefit program that ensures access and removes barriers to essential, high-value clinical services. (b) (1) Not later than January 1, 2024, each insurer, health care center, hospital service corporation, medical service corporation, fraternal benefit society or other entity that delivers, issues for delivery, renews, amends or continues in this state an individual or group health insurance policy providing coverage of the type specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 of the general statutes shall develop not less than two health enhancement programs
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under such policy. (2) Each health enhancement program developed pursuant to subdivision (1) of this subsection shall: (A) Be available to each insured under the individual or group health insurance policy; and (B) Provide to each insured under the individual or group health insurance policy incentives that are directly related to the provision of health insurance coverage, provided such insured chooses to complete certain preventive examinations and screenings recommended by the United States Preventive Services Task Force with a rating of "A" or "B". (3) No health enhancement program developed pursuant to subdivision (1) of this subsection shall impose any penalty or other negative incentive on an insured under the individual or group health insurance policy nor shall any insured be required to participate in a health enhancement program. (c) Each individual health insurance policy providing coverage of the type specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 of the general statutes delivered, issued for delivery, renewed, amended or continued in this state shall include coverage for the health enhancement programs that the insurer, health care center, hospital service corporation, medical service corporation, fraternal benefit society or other entity that delivered, issued, renewed, amended or continued such policy developed pursuant to this section. (d) Each group health insurance policy providing coverage of the type specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 of the general statutes delivered, issued for delivery, renewed, amended or continued in this state shall include coverage for the health enhancement programs that the insurer, health care center, hospital service corporation, medical service corporation, fraternal benefit
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society or other entity that delivered, issued, renewed, amended or continued such policy developed pursuant to this section. (e) The Insurance Commissioner may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to implement the provisions of this section. Sec. 225. Subsection (a) of section 19a-639a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): (a) An application for a certificate of need shall be filed with the unit in accordance with the provisions of this section and any regulations adopted by the Office of Health Strategy. The application shall address the guidelines and principles set forth in (1) subsection (a) of section 19a- 639, and (2) regulations adopted by the department. The applicant shall include with the application a nonrefundable application fee [of five hundred dollars] based on the cost of the project. The amount of the fee shall be as follows: (A) One thousand dollars for a project that will cost not greater than fifty thousand dollars; (B) two thousand dollars for a project that will cost greater than fifty thousand dollars but not greater than one hundred thousand dollars; (C) three thousand dollars for a project that will cost greater than one hundred thousand dollars but not greater than five hundred thousand dollars; (D) four thousand dollars for a project that will cost greater than five hundred thousand dollars but not greater than one million dollars; (E) five thousand dollars for a project that will cost greater than one million dollars but not greater than five million dollars; (F) eight thousand dollars for a project that will cost greater than five million dollars but not greater than ten million dollars; and (G) ten thousand dollars for a project that will cost greater than ten million dollars. Sec. 226. Section 19a-630 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
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As used in this chapter, unless the context otherwise requires: (1) "Affiliate" means a person, entity or organization controlling, controlled by or under common control with another person, entity or organization. Affiliate does not include a medical foundation organized under chapter 594b. (2) "Applicant" means any person or health care facility that applies for a certificate of need pursuant to section 19a-639a. (3) "Bed capacity" means the total number of inpatient beds in a facility licensed by the Department of Public Health under sections 19a- 490 to 19a-503, inclusive. (4) "Capital expenditure" means an expenditure that under generally accepted accounting principles consistently applied is not properly chargeable as an expense of operation or maintenance and includes acquisition by purchase, transfer, lease or comparable arrangement, or through donation, if the expenditure would have been considered a capital expenditure had the acquisition been by purchase. (5) "Certificate of need" means a certificate issued by the unit. (6) "Days" means calendar days. (7) "Executive director" means the executive director of the Office of Health Strategy. (8) "Free clinic" means a private, nonprofit community-based organization that provides medical, dental, pharmaceutical or mental health services at reduced cost or no cost to low-income, uninsured and underinsured individuals. (9) "Large group practice" means eight or more full-time equivalent physicians, legally organized in a partnership, professional corporation, limited liability company formed to render professional services,
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medical foundation, not-for-profit corporation, faculty practice plan or other similar entity (A) in which each physician who is a member of the group provides substantially the full range of services that the physician routinely provides, including, but not limited to, medical care, consultation, diagnosis or treatment, through the joint use of shared office space, facilities, equipment or personnel; (B) for which substantially all of the services of the physicians who are members of the group are provided through the group and are billed in the name of the group practice and amounts so received are treated as receipts of the group; or (C) in which the overhead expenses of, and the income from, the group are distributed in accordance with methods previously determined by members of the group. An entity that otherwise meets the definition of group practice under this section shall be considered a group practice although its shareholders, partners or owners of the group practice include single-physician professional corporations, limited liability companies formed to render professional services or other entities in which beneficial owners are individual physicians. (10) "Health care facility" means (A) hospitals licensed by the Department of Public Health under chapter 368v; (B) specialty hospitals; (C) freestanding emergency departments; (D) outpatient surgical facilities, as defined in section 19a-493b and licensed under chapter 368v; (E) a hospital or other facility or institution operated by the state that provides services that are eligible for reimbursement under Title XVIII or XIX of the federal Social Security Act, 42 USC 301, as amended; (F) a central service facility; (G) mental health facilities; (H) substance abuse treatment facilities; and (I) any other facility requiring certificate of need review pursuant to subsection (a) of section 19a-638. "Health care facility" includes any parent company, subsidiary, affiliate or joint venture, or any combination thereof, of any such facility. (11) "Nonhospital based" means located at a site other than the main campus of the hospital.
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(12) "Office" means the Office of Health Strategy. (13) "Person" means any individual, partnership, corporation, limited liability company, association, governmental subdivision, agency or public or private organization of any character, but does not include the agency conducting the proceeding. (14) "Physician" has the same meaning as provided in section 20-13a. (15) "Termination of services" means the cessation of any services for a period greater than one hundred eighty days. [(15)] (16) "Transfer of ownership" means a transfer that impacts or changes the governance or controlling body of a health care facility, institution or large group practice, including, but not limited to, all affiliations, mergers or any sale or transfer of net assets of a health care facility. [(16)] (17) "Unit" means the Health Systems Planning Unit. Sec. 227. Section 4-5 of the 2022 supplement to the general statutes, as amended by section 6 of public act 17-237, section 279 of public act 17-2 of the June special session, section 20 of public act 18-182, section 283 of public act 19-117 and section 254 of public act 21-2 of the June special session, is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): As used in sections 4-6, 4-7 and 4-8, the term "department head" means Secretary of the Office of Policy and Management, Commissioner of Administrative Services, Commissioner of Revenue Services, Banking Commissioner, Commissioner of Children and Families, Commissioner of Consumer Protection, Commissioner of Correction, Commissioner of Economic and Community Development, State Board of Education, Commissioner of Emergency Services and Public Protection, Commissioner of Energy and Environmental Protection,
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Public Act No. 22-118 368 of 739
Commissioner of Agriculture, Commissioner of Public Health, Insurance Commissioner, Labor Commissioner, Commissioner of Mental Health and Addiction Services, Commissioner of Social Services, Commissioner of Developmental Services, Commissioner of Motor Vehicles, Commissioner of Transportation, Commissioner of Veterans Affairs, Commissioner of Housing, Commissioner of Rehabilitation Services, the Commissioner of Early Childhood, the executive director of the Office of Health Strategy, the executive director of the Office of Military Affairs, the executive director of the Technical Education and Career System and the Chief Workforce Officer. As used in sections 4-6 and 4-7, "department head" also means the Commissioner of Education. Sec. 228. Section 20-150 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2022): (a) No optical glasses or kindred products or other instruments to aid vision that are produced or reproduced to personalized given formulas, or plano cosmetic contact lenses shall be sold at retail except under the direct supervision of a licensed optician and in a registered optical establishment, office or store. An optical establishment, office or store is defined as meaning one the owner of which has had issued to him an optical license selling permit. (b) Notwithstanding the provisions of subsection (a) of this section, an optical establishment, office or store, registered with the Department of Public Health pursuant to section 20-151, may remain open to the public during regular business hours without the supervision of a licensed optician for a period of time not to exceed four consecutive business days (1) in the event of reasonably unanticipated circumstances, including, but not limited to, the licensed optician's illness, injury, family emergency, or termination or resignation from the optical establishment, office or store; (2) if reasonable action is taken to have another licensed optician present at the establishment, office or store during regular business hours; and (3) the optical establishment,
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office or store posts clear and conspicuous signage that a licensed optician is not on site. The sign shall state: NO LICENSED OPTICIAN ON PREMISES: CONNECTICUT LAW PROHIBITS ACTIVITIES BY EMPLOYEES RELATED TO PRESCRIPTION EYEGLASSES OR CONTACT LENSES, INCLUDING MEASURING, SELLING OR ORDERING IN ANY MANNER, FITTING, DELIVERING OR DISPENSING PRESCRIPTION EYEWEAR UNTIL THE OPTICIAN RETURNS. (c) During any period of time during which an optical establishment, office or store remains open to the public without the supervision of a licensed optician pursuant to subsection (b) of this section, no owner or employee of the establishment, office or store shall: (1) Sell or order optical glasses or kindred products or other instruments to aid vision that are produced or reproduced to personalized given formulas, or plano cosmetic contact lenses; (2) Perform measurements on any individual for optical glasses or kindred products or other instruments to aid vision that are produced or reproduced to personalized given formulas, or plano cosmetic contact lenses. Performing measurements includes determining interpupillary distance, vertical fit heights, and utilizing frame size, bridge size, and temple length to recommend the fit of a frame; (3) Make recommendations that are medically relevant to the personalized given formulas for optical glasses or kindred products or other instruments to aid vision, or plano cosmetic contact lenses, including frame type, lens style or material, lens tint, or multifocal type, or any recommendations regarding any specific type of contact lenses or disinfection systems for contact lenses; (4) Fit, adjust or otherwise alter or manipulate optical glasses or kindred products or other instruments to aid vision that are produced
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or reproduced to personalized given formulas, or plano cosmetic contact lenses; (5) Deliver optical glasses or kindred products or other instruments to aid vision that are produced or reproduced to personalized given formulas, or plano cosmetic lenses; or (6) Transact a sale online for optical glasses or kindred products or other instruments to aid vision that are produced or reproduced to personalized given formulas, or plano cosmetic contact lenses. [(b)] (d) Nothing in subsection (a) or (c) of this section shall be construed to limit the ability of a physician, licensed under chapter 370, who is trained and specializes in diseases of the eye or an optometrist, licensed under chapter 380, to dispense contact lenses. [(c)] (e) A violation of the provisions of subsection (a) or (c) of this section constitutes an unfair trade practice under subsection (a) of section 42-110b. Sec. 229. (NEW) (Effective from passage) From the effective date of this section until the end of the fiscal year ending June 30, 2023, when assessing the best interests of the state pursuant to subdivision (1) of subsection (c) of section 4-30a of the general statutes, the Treasurer shall determine that it is in the best interests of the state to appropriate excess funds as follows: (1) First, to the State Employees Retirement Fund, in addition to the contributions required pursuant to section 5-156a of the general statutes, but not exceeding five per cent of the unfunded past service liability of the state employees retirement system as set forth in the most recent actuarial valuation certified by the State Employee Retirement Commission; (2) Second, to the Teachers' Retirement Fund, in addition to the
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payments required pursuant to section 10-183z of the general statutes, but not exceeding five per cent of the unfunded past service liability of the teachers' retirement system as set forth in the most recent actuarial valuation prepared for the Teachers' Retirement Board; and (3) Third, to make additional payments toward unfunded past service liability of the state employees retirement system. Sec. 230. (Effective July 1, 2022) Notwithstanding the provisions of section 17b-340 of the general statutes, the Commissioner of Social Services shall increase the minimum per diem, per bed rate to five hundred one dollars for a residential facility licensed pursuant to section 17a-227 of the general statutes and certified to participate in the Title XIX Medicaid program as an intermediate care facility for individuals with intellectual disability. Sec. 231. Section 19a-7d of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): (a) [Not later than January 1, 2022, the] The Commissioner of Public Health shall establish, within available resources, a program to provide three-year grants to community-based providers of primary care services in order to expand access to health care for the uninsured. The grants may be awarded to community-based providers of primary care for (1) funding for direct services, (2) recruitment and retention of primary care clinicians and registered nurses through subsidizing of salaries or through a loan repayment program, and (3) capital expenditures. The community-based providers of primary care under the direct service program shall provide, or arrange access to, primary and preventive services, behavioral health services, referrals to specialty services, including rehabilitative and mental health services, inpatient care, prescription drugs, basic diagnostic laboratory services, health education and outreach to alert people to the availability of services.
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Primary care clinicians and registered nurses participating in the state loan repayment program or receiving subsidies shall provide services to the uninsured based on a sliding fee schedule, provide free care if necessary, accept Medicare assignment and participate as Medicaid providers, or provide nursing services in school-based health centers and expanded school health sites, as such terms are defined in section 19a-6r. The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to establish eligibility criteria, services to be provided by participants, the sliding fee schedule, reporting requirements and the loan repayment program. For the purposes of this section, "primary care clinicians" includes family practice physicians, general practice osteopaths, obstetricians and gynecologists, internal medicine physicians, pediatricians, dentists, certified nurse midwives, advanced practice registered nurses, physician assistants, [and] dental hygienists, psychiatrists, psychologists, licensed clinical social workers, licensed marriage and family therapists and licensed professional counselors. (b) Funds appropriated for the state loan repayment program shall not lapse until fifteen months following the end of the fiscal year for which such funds were appropriated. Sec. 232. Subsection (l) of section 17b-261 of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): (l) On and after January 1, 2023, the Commissioner of Social Services shall, within available appropriations, provide state-funded medical assistance to any child [eight] twelve years of age and younger, regardless of immigration status, (1) whose household income does not exceed two hundred one per cent of the federal poverty level without an asset limit, and (2) who does not otherwise qualify for Medicaid, the Children's Health Insurance Program, or an offer of affordable, employer-sponsored insurance, as defined in the Affordable Care Act,
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as an employee or a dependent of an employee. A child eligible for such assistance under this subsection shall continue to receive such assistance until such child is nineteen years of age, provided the child continues to meet the eligibility requirements prescribed in subdivisions (1) and (2) of this subsection. Sec. 233. Subsection (a) of section 17b-292 of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): (a) A child who resides in a household with household income that exceeds one hundred ninety-six per cent of the federal poverty level but does not exceed three hundred eighteen per cent of the federal poverty level may be eligible for benefits under HUSKY B. Not later than January 1, 2023, the Commissioner of Social Services shall, within available appropriations, provide state-funded medical assistance to any child [eight] twelve years of age and younger, regardless of immigration status, (1) with a household income that exceeds two hundred one per cent of the federal poverty level but does not exceed three hundred twenty-three per cent of the federal poverty level, and (2) who does not otherwise qualify for Medicaid, the Children's Health Insurance Program, or an offer of affordable, employer-sponsored insurance, as defined in the Affordable Care Act, as an employee or a dependent of an employee. A child eligible for such assistance under this subsection shall continue to receive such assistance until such child is nineteen years of age, provided the child continues to meet the eligibility requirements prescribed in subdivisions (1) and (2) of this subsection. Sec. 234. Subsection (i) of section 17b-342 of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (i) (1) The Commissioner of Social Services shall, within available
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appropriations, administer a state-funded portion of the program for persons (A) who are sixty-five years of age and older; (B) who are inappropriately institutionalized or at risk of inappropriate institutionalization; (C) whose income is less than or equal to the amount allowed under subdivision (3) of subsection (a) of this section; and (D) whose assets, if single, do not exceed one hundred fifty per cent of the federal minimum community spouse protected amount pursuant to 42 USC 1396r-5(f)(2) or, if married, the couple's assets do not exceed two hundred per cent of said community spouse protected amount. For program applications received by the Department of Social Services for the fiscal years ending June 30, 2016, and June 30, 2017, only persons who require the level of care provided in a nursing home shall be eligible for the state-funded portion of the program, except for persons residing in affordable housing under the assisted living demonstration project established pursuant to section 17b-347e who are otherwise eligible in accordance with this section. (2) Except for persons residing in affordable housing under the assisted living demonstration project established pursuant to section 17b-347e, as provided in subdivision (3) of this subsection, any person whose income is at or below two hundred per cent of the federal poverty level and who is ineligible for Medicaid shall contribute [four and one- half] three per cent of the cost of his or her care. Any person whose income exceeds two hundred per cent of the federal poverty level shall contribute [four and one-half] three per cent of the cost of his or her care in addition to the amount of applied income determined in accordance with the methodology established by the Department of Social Services for recipients of medical assistance. Any person who does not contribute to the cost of care in accordance with this subdivision shall be ineligible to receive services under this subsection. Notwithstanding any provision of sections 17b-60 and 17b-61, the department shall not be required to provide an administrative hearing to a person found ineligible for services under this subsection because of a failure to
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Public Act No. 22-118 375 of 739
contribute to the cost of care. (3) Any person who resides in affordable housing under the assisted living demonstration project established pursuant to section 17b-347e and whose income is at or below two hundred per cent of the federal poverty level, shall not be required to contribute to the cost of care. Any person who resides in affordable housing under the assisted living demonstration project established pursuant to section 17b-347e and whose income exceeds two hundred per cent of the federal poverty level, shall contribute to the applied income amount determined in accordance with the methodology established by the Department of Social Services for recipients of medical assistance. Any person whose income exceeds two hundred per cent of the federal poverty level and who does not contribute to the cost of care in accordance with this subdivision shall be ineligible to receive services under this subsection. Notwithstanding any provision of sections 17b-60 and 17b-61, the department shall not be required to provide an administrative hearing to a person found ineligible for services under this subsection because of a failure to contribute to the cost of care. (4) The annualized cost of services provided to an individual under the state-funded portion of the program shall not exceed fifty per cent of the weighted average cost of care in nursing homes in the state, except an individual who received services costing in excess of such amount under the Department of Social Services in the fiscal year ending June 30, 1992, may continue to receive such services, provided the annualized cost of such services does not exceed eighty per cent of the weighted average cost of such nursing home care. The commissioner may allow the cost of services provided to an individual to exceed the maximum cost established pursuant to this subdivision in a case of extreme hardship, as determined by the commissioner, provided in no case shall such cost exceed that of the weighted cost of such nursing home care. Sec. 235. (NEW) (Effective July 1, 2022) (a) For purposes of this section:
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(1) "Institutionalized spouse" has the same meaning as provided in 42 USC 1396r-5(h)(1); (2) "Community spouse" has the same meaning as provided in 42 USC 1396r-5(h)(2); and (3) "Minimum community spouse resource allowance" means the minimum amount of assets a community spouse of an institutionalized spouse may keep pursuant to 42 USC 1396r-5(f)(2). (b) The Commissioner of Social Services shall amend the Medicaid state plan in accordance with federal law to set the minimum community spouse resource allowance at fifty thousand dollars. (c) Not later than July 1, 2023, the commissioner shall report on the impact of increasing the minimum community spouse resource allowance, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to aging, human services and appropriations and the budgets of state agencies. Such report shall include, but not be limited to: (1) The number of community spouses who were able to keep additional assets as a result of the increase in the minimum community spouse resource allowance pursuant to subsection (b) of this section; and (2) the cost to the state of increasing said amount. (d) The commissioner may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to implement the provisions of this section. Sec. 236. Section 17b-104 of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) The Commissioner of Social Services shall administer the program
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of state supplementation to the Supplemental Security Income Program provided for by the Social Security Act and state law. The commissioner may delegate any powers and authority to any deputy, assistant, investigator or supervisor, who shall have, within the scope of the power and authority so delegated, all of the power and authority of the Commissioner of Social Services. The [commissioner shall establish a standard of need based on the cost of living in this state] standard of need for the temporary family assistance program [and the state- administered general assistance program] shall be fifty-five per cent of the federal poverty level. The commissioner shall make a reinvestigation, at least every twelve months, of all cases receiving aid from the state, except that such reinvestigation may be conducted every twenty-four months for recipients of assistance to the elderly or disabled with stable circumstances, and shall maintain all case records of the several programs administered by the Department of Social Services so that such records show, at all times, full information with respect to eligibility of the applicant or recipient. In the determination of need under any public assistance program, such income or earnings shall be disregarded as federal law requires, and such income or earnings may be disregarded as federal law permits. In determining eligibility, the commissioner shall disregard from income (1) Aid and Attendance pension benefits granted to a veteran, as defined under section 27-103, or the surviving spouse of such veteran, and (2) any tax refund or advance payment with respect to a refundable credit to the same extent such refund or advance payment would be disregarded under 26 USC 6409 in any federal program or state or local program financed in whole or in part with federal funds. The commissioner shall encourage and promulgate such incentive earning programs as are permitted by federal law and regulations. (b) On July 1, 2007, and annually thereafter, the commissioner shall increase the payment standards over those of the previous fiscal year under [the temporary family assistance program and] the state-
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administered general assistance program by the percentage increase, if any, in the most recent calendar year average in the consumer price index for urban consumers over the average for the previous calendar year, provided the annual increase, if any, shall not exceed five per cent, except that the payment standards for the fiscal years ending June 30, 2010, June 30, 2011, June 30, 2012, June 30, 2013, June 30, 2016, June 30, 2017, June 30, 2018, June 30, 2019, June 30, 2020, and June 30, 2021, shall not be increased. (c) On and after July 1, [1995] 2022, the payment standards for families receiving assistance under the temporary family assistance program shall be equal to seventy-three per cent of the [AFDC] standards of need [in effect June 30, 1995] established for said program under subsection (a) of this section. (d) For a family living in subsidized housing, income shall be attributed to such family which shall be eight per cent of the payment standard for such family. Sec. 237. Subsection (a) of section 17b-261 of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) Medical assistance shall be provided for any otherwise eligible person (1) whose income, including any available support from legally liable relatives and the income of the person's spouse or dependent child, is not more than one hundred forty-three per cent, pending approval of a federal waiver applied for pursuant to subsection (e) of this section, of the benefit amount paid to a person with no income under the temporary family assistance program, [in the appropriate region of residence] and (2) if such person is an institutionalized individual as defined in Section 1917 of the Social Security Act, 42 USC 1396p(h)(3), and has not made an assignment or transfer or other disposition of property for less than fair market value for the purpose of
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establishing eligibility for benefits or assistance under this section. Any such disposition shall be treated in accordance with Section 1917(c) of the Social Security Act, 42 USC 1396p(c). Any disposition of property made on behalf of an applicant or recipient or the spouse of an applicant or recipient by a guardian, conservator, person authorized to make such disposition pursuant to a power of attorney or other person so authorized by law shall be attributed to such applicant, recipient or spouse. A disposition of property ordered by a court shall be evaluated in accordance with the standards applied to any other such disposition for the purpose of determining eligibility. The commissioner shall establish the standards for eligibility for medical assistance at one hundred forty-three per cent of the benefit amount paid to a household of equal size with no income under the temporary family assistance program. [in the appropriate region of residence.] In determining eligibility, the commissioner shall not consider as income Aid and Attendance pension benefits granted to a veteran, as defined in section 27-103, or the surviving spouse of such veteran. Except as provided in section 17b-277 and section 17b-292, the medical assistance program shall provide coverage to persons under the age of nineteen with household income up to one hundred ninety-six per cent of the federal poverty level without an asset limit and to persons under the age of nineteen, who qualify for coverage under Section 1931 of the Social Security Act, with household income not exceeding one hundred ninety-six per cent of the federal poverty level without an asset limit, and their parents and needy caretaker relatives, who qualify for coverage under Section 1931 of the Social Security Act, with household income not exceeding one hundred fifty-five per cent of the federal poverty level without an asset limit. Such levels shall be based on the regional differences in such benefit amount, if applicable, unless such levels based on regional differences are not in conformance with federal law. Any income in excess of the applicable amounts shall be applied as may be required by said federal law, and assistance shall be granted for the balance of the cost of authorized medical assistance. The
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Commissioner of Social Services shall provide applicants for assistance under this section, at the time of application, with a written statement advising them of [(1)] (A) the effect of an assignment or transfer or other disposition of property on eligibility for benefits or assistance, [(2)] (B) the effect that having income that exceeds the limits prescribed in this subsection will have with respect to program eligibility, and [(3)] (C) the availability of, and eligibility for, services provided by the Connecticut Home Visiting System, established pursuant to section 17b-751b. For coverage dates on or after January 1, 2014, the department shall use the modified adjusted gross income financial eligibility rules set forth in Section 1902(e)(14) of the Social Security Act and the implementing regulations to determine eligibility for HUSKY A, HUSKY B and HUSKY D applicants, as defined in section 17b-290. Persons who are determined ineligible for assistance pursuant to this section shall be provided a written statement notifying such persons of their ineligibility and advising such persons of their potential eligibility for one of the other insurance affordability programs as defined in 42 CFR 435.4. Sec. 238. (Effective July 1, 2022) For the fiscal year ending June 30, 2023, the Commissioner of Social Services shall amend the Medicaid state plan to increase the reimbursement rate provided to chronic disease hospitals, as defined in section 19a-550 of the general statutes, by five hundred dollars per day for beds provided to patients on ventilators. Sec. 239. Section 17b-245b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) The Commissioner of Social Services shall, consistent with federal law, [make changes to the cost-based reimbursement methodology in the Medicaid program for federally qualified health centers. To the extent permitted by federal law, the commissioner may reimburse a federally qualified health center under the Medicaid program for multiple medical, behavioral health or dental services provided to an individual during the course of a calendar day, irrespective of the type
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Public Act No. 22-118 381 of 739
of service provided. On or before January 1, 2008, the commissioner shall report to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies and human services on the status of the changes to the cost-based reimbursement methodology] reimburse federally qualified health centers on an all-inclusive encounter rate per client encounter based on the prospective payment system required by 42 USC 1396a(bb). Any patient encounter with more than one health professional for the same type of service and multiple interactions with the same health professional that occur on the same day shall constitute a single encounter for purposes of reimbursement, except when the patient, after the first encounter, suffers illness or injury requiring additional diagnosis and treatment. A federally qualified health center shall be reimbursed in accordance with the requirements prescribed in section 17b-262-1002 of the regulations of Connecticut state agencies. (b) A federally qualified health center may not provide nonemergency periodic dental services on different dates of service for the purpose of billing for separate encounters. Any nonemergency periodic dental service, including, but not limited to, (1) an examination, (2) prophylaxis, and (3) radiographs, including bitewings, complete series and periapical imaging, if warranted, shall be completed in one visit. A second visit to complete any service normally included during the course of a nonemergency periodic dental visit shall not be eligible for reimbursement unless (A) medically necessary, and (B) such medical necessity is clearly documented in the patient's dental record. Sec. 240. Section 36 of public act 21-2 of the June special session is repealed and the following is substituted in lieu thereof (Effective from passage): (a) As used in this section: (1) "Community action agency" means a public or private nonprofit
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Public Act No. 22-118 382 of 739
agency which has previously been designated by and authorized to accept funds from the federal Community Services Administration for community action agencies under the Economic Opportunity Act of 1964, or a successor agency established pursuant to section 17b-892 of the general statutes; (2) "Community health worker" means a public health outreach professional with an in-depth understanding of the experience, language, culture and socioeconomic needs of the community and who provides a range of services, including, but not limited to, outreach, engagement, education, coaching, informal counseling, social support, advocacy, care coordination, research related to social determinants of health and basic screenings and assessments of any risks associated with social determinants of health; and (3) "COVID-19" means the respiratory disease designated by the World Health Organization on February 11, 2020, as coronavirus 2019, and any related mutation thereof recognized by said organization as a communicable respiratory disease. (b) The Department of [Public Health] Social Services shall establish a community health worker grant program. The purpose of such program shall be to provide grants to community action agencies that employ or seek to employ community health workers who provide a range of services to persons adversely affected by the COVID-19 pandemic. The department may enter into an agreement, pursuant to chapter 55a of the general statutes, with a person, firm, corporation or other entity to operate such program. (c) The Department of [Public Health] Social Services shall publish on its Internet web site a notice of grant availability for the period beginning on [the effective date of this section] June 23, 2021, and ending on June 30, [2023] 2024.
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(d) Each community action agency applying for a grant under this section shall submit an application in such form and manner as prescribed by the Commissioner of [Public Health] Social Services. Each application shall include the following information: (1) The location of the principal place of business of the applicant; (2) the number of community health workers employed by the applicant [or that] and the number of community health workers the applicant seeks to employ under the grant and the range of services provided or to be provided by such community health workers; (3) an explanation of the intended use of the grant being applied for; (4) strategies for integrating community health workers into an individual's care delivery team, including, but not limited to, the capacity to address health care and social services needs; and [(4)] (5) such other information that the commissioner deems necessary. (e) The Department of [Public Health] Social Services shall review all grant applications received under the program and determine which applications are eligible for funding. Criteria for such determinations shall be established by the department and included in the notice of grant availability described in subsection (c) of this section. (f) The amount of any grant issued to a community action agency pursuant to this section shall not exceed [thirty] forty thousand dollars annually per community health worker employed by such agency and the total amount of grants issued to community action agencies in the aggregate shall not exceed [six] seven million dollars. No grant shall be issued pursuant to this section after June 30, [2023] 2024. [(g) (1) Not later than January 1, 2022, the Commissioner of Public Health shall report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to public health and human services regarding the progress of the program and including any requisite legislative proposals to accomplish the goals of the
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program.] [(2)] (g) Not later than January 1, 2024, the Commissioner of [Public Health] Social Services shall report, in accordance with the provisions of section 11-4a of the general statutes, on the community health worker grant program to the joint standing committees of the General Assembly having cognizance of matters relating to public health and human services. Such report shall include the following data regarding the program: [(A)] (1) The number of grants provided and the amount of such grants; [(B)] (2) the identities of the community action agencies that received such grants; [(C)] (3) the intended use of each grant provided, as described by the community action agency pursuant to subdivision (3) of subsection (d) of this section; [(D)] (4) the number of community health workers employed by each community action agency that received a grant at the time such agency received such grant and information regarding the services provided by such community health workers; and [(E)] (5) the number of community health workers employed by each community action agency that received a grant at the conclusion of the program and information regarding the services provided by such community health workers. Sec. 241. Section 37 of public act 21-2 of the June special session is repealed and the following is substituted in lieu thereof (Effective from passage): The sum of $3,000,000 allocated in section 41 of special act 21-15 and section 306 of [this act] public act 21-2 of the June special session, to the Department of Public Health, for Community Health Workers, for each of the fiscal years ending June 30, 2022, and June 30, 2023, shall be for the purposes of the program established pursuant to section 36 of [this act] public act 21-2 of the June special session. The Department of Public Health shall transfer such funds to the Department of Social Services. Sec. 242. Section 321 of public act 21-2 of the June special session is
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Public Act No. 22-118 385 of 739
repealed and the following is substituted in lieu thereof (Effective from passage): The Commissioner of Social Services shall, within the ten million dollars in federal funds allocated to the Department of Social Services pursuant to section 1 of special act 21-1, in accordance with the provisions of Subtitle M of Title IX of the American Rescue Plan Act of 2021, P.L. 117-2, as amended from time to time, provide temporary financial relief to nursing home facilities. [Grant allocations shall be made based on the per cent difference between the issued and calculated reimbursement rate. The commissioner, within the available ten million dollars in federal funding allocated to the department for this purpose, shall issue one-time grants subject to a pro rata adjustment based on available funding.] Sec. 243. (NEW) (Effective July 1, 2022) (a) As used in this section, (1) "authorized representative" means a person designated by a home care client, in writing, to act on such client's behalf, including, but not limited to, a health care representative appointed pursuant to section 19a-575a or 19a-577 of the general statutes; (2) "home care" means long-term services and supports provided to adults in a home or community- based program administered by the Department of Social Services; (3) "home care provider" means a person or organization, including, but not limited to, (A) a home health agency or hospice agency, as defined in section 19a-490 of the general statutes, or (B) a homemaker-companion agency, as defined in section 20-670 of the general statutes; and (4) "long- term services and supports" means (A) health, health-related, personal care and social services provided to persons with physical, cognitive or mental health conditions or disabilities to facilitate optimal functioning and quality of life, or (B) hospice care provided to persons who may be nearing the end of their lives. (b) There is established a Community Ombudsman program within the independent Office of the Long-Term Care Ombudsman,
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established pursuant to section 17a-405 of the general statutes. Not later than October 1, 2022, the State Ombudsman appointed pursuant to said section shall (1) appoint a Community Ombudsman supervisor and not more than twelve regional community ombudsmen; and (2) hire not more than two administrative support staff members, all of whom shall report to the State Ombudsman. The Community Ombudsman supervisor and the regional community ombudsmen shall: (A) Have access to data pertaining to long-term services and supports provided by a home care provider to a client, provided (i) such client or such client's authorized representative provides written consent to such access, or (ii) if such client is incapable of providing such consent due to a physical, cognitive or mental health condition or disability and has no authorized representative, the Community Ombudsman supervisor determines the data is necessary to investigate a complaint concerning such client's care; (B) Identify, investigate, refer and resolve complaints about home care services; (C) Raise public awareness about home care and the Community Ombudsman program; (D) Promote access to home care services; (E) Advocate for long-term care options; (F) Coach individuals in self advocacy; and (G) Provide referrals to home care clients for legal, housing and social services. (c) The Office of the Long-Term Care Ombudsman shall oversee the Community Ombudsman program and provide administrative and organizational support by:
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(1) Developing and implementing a public awareness strategy about the Community Ombudsman program; (2) Applying for, or working in collaboration with other state agencies to apply for, available federal funding for Community Ombudsman services; (3) Collaborating with persons administering other state programs and services to design and implement an agenda to promote the rights of elderly persons and persons with disabilities; (4) Providing information to public and private agencies, elected and appointed officials, the media and other persons regarding the problems and concerns of older adults and people with disabilities receiving home care; (5) Advocating for improvements in the home and community-based long-term services and supports system; and (6) Recommending changes in federal, state and local laws, regulations, policies and actions pertaining to the health, safety, welfare and rights of people receiving home care. (d) Not later than December 1, 2023, and annually thereafter, the State Ombudsman shall submit a report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to aging, human services and public health on (1) implementation of the public awareness strategy relating to the Community Ombudsman program, (2) the number of persons served in the program, (3) the number of complaints regarding home care filed with the program, (4) the disposition of such complaints, and (5) any gaps in services and resources needed to address such gaps. (e) The State Ombudsman, the Community Ombudsman supervisor
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and the regional community ombudsmen shall ensure that any health data obtained pursuant to subsection (b) of this section relating to a home care client is protected in accordance with the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended from time to time. Sec. 244. (NEW) (Effective from passage) (a) As used in this section, (1) "homemaker-companion agency" and "employee" have the same meanings as provided in section 20-670 of the general statutes, and (2) "no-hire clause" means a provision of a contract between a homemaker- companion agency and a client of such agency that (A) imposes a financial penalty, (B) assesses any charges or fees, including legal fees, or (C) contains any language that can create grounds for an assertion of breach of contract or a claim for damages or injunctive relief against the client for directly hiring an employee of such agency. (b) Any no-hire clause in a contract between a homemaker- companion agency and a client of such agency is against public policy and shall be void. Sec. 245. (NEW) (Effective from passage) (a) As used in this section, (1) "home health agency" has the same meaning as provided in section 19a- 490 of the general statutes, and (2) "no-hire clause" means a provision of a contract between a home health agency and a client of such agency that (A) imposes a financial penalty, (B) assesses any charges or fees, including legal fees, or (C) contains any language that can create grounds for an assertion of breach of contract or a claim for damages or injunctive relief against the client for directly hiring an employee of such agency. (b) Any no-hire clause in a contract between a home health agency and a client of such agency is against public policy and shall be void. Sec. 246. (Effective July 1, 2022) The Commissioner of Social Services
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shall allocate the sum of two million dollars for the purchase and provision of long-acting reversible contraceptives by federally qualified health centers from the federal funds allocated to the Department of Social Services for the fiscal year ending on June 30, 2023, in accordance with the provisions of Subtitle M of Title IX of the American Rescue Plan Act of 2021, P.L. 117-2, as amended from time to time. Sec. 247. Section 17b-28e of the general statutes is amended by adding subsection (d) as follows (Effective from passage): (NEW) (d) Not later than October 1, 2022, the Commissioner of Social Services shall amend the Medicaid state plan to add services provided by a naturopath licensed pursuant to chapter 373 as a covered service. Sec. 248. (NEW) (Effective from passage) (a) As used in this section, "Home and Community Based Services Provider Payments" means payments disbursed by state agencies to providers of health and human services that were received by such agencies through Section 9817 of the American Rescue Plan Act of 2021. (b) No state agency contracting with a provider of health and human services may attempt to recover or otherwise offset Home and Community Based Services Provider Payments obtained or retained by such provider. For purposes of this subsection, "attempt to recover or otherwise offset" means reductions in contracted amounts for the same or similar services from one contract period to the next contract period or demands for reimbursement of funds from such providers in the amount of any Home and Community Based Services Provider Payments. Sec. 249. Section 341 of public act 21-2 of the June special session is repealed and the following is substituted in lieu thereof (Effective from passage): (a) The Secretary of the Office of Policy and Management shall
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allocate available funds for the fiscal years ending June 30, 2022, and June 30, 2023, to increase rates to state-contracted providers for the purpose of wage enhancements and related Federal Insurance Contributions Act, workers compensation, and unemployment insurance expenses for employees who provide services to individuals with intellectual disability authorized to receive supports and services through the Department of Developmental Services. Providers that receive a rate adjustment for the purpose of wage enhancements but do not provide increases in employee salaries as described in this section on or before July 31, 2021, and July 31, 2022, respectively, may be subject to a rate decrease in the same amount as the adjustment by the Commissioner of Developmental Services. In addition, the commissioner shall, within available resources and at the commissioner's discretion, make funds available to support enhanced benefits. Nothing in this section shall require the commissioner to distribute funding in a way that jeopardizes anticipated federal reimbursement. (b) If, after the Secretary of the Office of Policy and Management allocates funds pursuant to subsection (a) of this section, there is a balance of available funds that has not been allocated for the fiscal years ending June 30, 2022, and June 30, 2023, the Office of Policy and Management shall disburse such funds as a cost-of-living adjustment to state-contracted providers that deliver services and supports through the Department of Developmental Services. Sec. 250. Section 4-5 of the 2022 supplement to the general statutes, as amended by section 6 of public act 17-237, section 279 of public act 17-2 of the June special session, section 20 of public act 18-182, section 283 of public act 19-117 and section 254 of public act 21-2 of the June special session, is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): As used in sections 4-6, 4-7 and 4-8, the term "department head"
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means Secretary of the Office of Policy and Management, Commissioner of Administrative Services, Commissioner of Revenue Services, Banking Commissioner, Commissioner of Children and Families, Commissioner of Consumer Protection, Commissioner of Correction, Commissioner of Economic and Community Development, State Board of Education, Commissioner of Emergency Services and Public Protection, Commissioner of Energy and Environmental Protection, Commissioner of Agriculture, Commissioner of Public Health, Insurance Commissioner, Labor Commissioner, Commissioner of Mental Health and Addiction Services, Commissioner of Social Services, Commissioner of Developmental Services, Commissioner of Motor Vehicles, Commissioner of Transportation, Commissioner of Veterans Affairs, Commissioner of Housing, Commissioner of [Rehabilitation] Aging and Disability Services, the Commissioner of Early Childhood, the executive director of the Office of Health Strategy, the executive director of the Office of Military Affairs, the executive director of the Technical Education and Career System and the Chief Workforce Officer. As used in sections 4-6 and 4-7, "department head" also means the Commissioner of Education. Sec. 251. Subsection (b) of section 19a-754a of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): (b) The Office of Health Strategy shall be responsible for the following: (1) Developing and implementing a comprehensive and cohesive health care vision for the state, including, but not limited to, a coordinated state health care cost containment strategy; (2) Promoting effective health planning and the provision of quality health care in the state in a manner that ensures access for all state residents to cost-effective health care services, avoids the duplication of
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such services and improves the availability and financial stability of such services throughout the state; (3) Directing and overseeing the State Innovation Model Initiative and related successor initiatives; (4) (A) Coordinating the state's health information technology initiatives, (B) seeking funding for and overseeing the planning, implementation and development of policies and procedures for the administration of the all-payer claims database program established under section 19a-775a, (C) establishing and maintaining a consumer health information Internet web site under section 19a-755b, and (D) designating an unclassified individual from the office to perform the duties of a health information technology officer as set forth in sections 17b-59f and 17b-59g; (5) Directing and overseeing the Health Systems Planning Unit established under section 19a-612 and all of its duties and responsibilities as set forth in chapter 368z; (6) Convening forums and meetings with state government and external stakeholders, including, but not limited to, the Connecticut Health Insurance Exchange, to discuss health care issues designed to develop effective health care cost and quality strategies; and (7) [(A) Administering the Covered Connecticut program established under section 19a-754c in consultation] Consulting with the Commissioner of Social Services, Insurance Commissioner and Connecticut Health Insurance Exchange [, and (B) consulting with the Commissioner of Social Services and Insurance Commissioner for the purposes set forth in section 17b-312] on the Covered Connecticut program described in section 19a-754c. Sec. 252. Section 19a-754c of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof
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(Effective from passage): (a) For the purposes of this section: (1) "Affordable Care Act" has the same meaning as provided in section 38a-1080; (2) "Covered Connecticut program" means the program established under subsection (b) of this section; (3) "Exchange" has the same meaning as provided in section 38a-1080; (4) "Health carrier" has the same meaning as provided in section 38a- 1080; (5) "Individual market" has the same meaning as provided in 42 USC 18024(a), as amended from time to time; (6) "Office of Health Strategy" means the Office of Health Strategy established under section 19a-754a; and (7) "Silver level" has the same meaning as provided in 42 USC 18022(d), as amended from time to time. (b) There is established within the [Office of Health Strategy] Department of Social Services the Covered Connecticut program for the purpose of reducing the state's uninsured rate. The [Office of Health Strategy] Commissioner of Social Services shall administer said program in consultation with the [Commissioner of Social Services] Office of Health Strategy, Insurance Commissioner and exchange, and, as part of said program, the [Office of Health Strategy] Department of Social Services shall: (1) Provide premium and cost-sharing subsidies that are sufficient to ensure fully subsidized coverage:
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Public Act No. 22-118 394 of 739
(A) On and after July 1, 2021, for parents and needy caretaker relatives, and their tax dependents not older than twenty-six years of age, who (i) are eligible for premium and cost-sharing subsidies for a qualified health plan, (ii) are ineligible for Medicaid because their income exceeds the Medicaid income limits under chapter 319v, (iii) have household income up to one hundred seventy-five per cent of the federal poverty level, [and] (iv) are receiving coverage under [the benchmark] a qualified health plan offered through the exchange in the individual market at a silver level of coverage, and (v) are utilizing the full amount of applicable premium subsidies for such plan; [and] (B) On and after July 1, 2021, for the following additional family members of parents and caretaker relatives receiving coverage under such qualified health plan, provided the requirements of subparagraph (A) of subdivision (1) of this subsection are met: (i) A child over twenty- six years of age who is permanently and totally disabled, as defined by the Internal Revenue Service pursuant to 26 USC 152, or (ii) a child who is over the age of twenty-six and is incapable of self-sustaining employment by reason of mental or physical handicap and is chiefly dependent upon the parent or caretaker relative for support and maintenance, as described in sections 38a-489 and 38a-512a, or (iii) a child or stepchild receiving coverage under such qualified health plan as described in sections 38a-497 and 38a-512b; [(B)] (C) On and after July 1, 2022, for all parents, needy caretaker relatives and [nonpregnant] low-income adults who (i) are [between eighteen and sixty-four] at least nineteen but not more than sixty-four years of age, (ii) are eligible for premium and cost-sharing subsidies for a qualified health plan, (iii) are ineligible for Medicaid because their income exceeds the Medicaid income limits under chapter 319v, (iv) have household income up to one hundred seventy-five per cent of the federal poverty level, [and] (v) are receiving coverage under [the benchmark] a qualified health plan offered through the exchange in the
House Bill No. 5506
Public Act No. 22-118 395 of 739
individual market at a silver level of coverage, [;] and (vi) are utilizing the full amount of applicable premium subsidies for such plan; and (D) On and after July 1, 2022, for the following additional family members of parents, caretaker relatives, and adults receiving coverage under such qualified health plan, provided the requirements of subparagraph (C) of subdivision (1) of this subsection are met: (i) A child over twenty-six years of age who is permanently and totally disabled, as defined by the Internal Revenue Service pursuant to 26 USC 152, or (ii) a child who is over the age of twenty-six and is incapable of self-sustaining employment by reason of mental or physical handicap and is chiefly dependent upon the parent or caretaker relative for support and maintenance, as described in sections 38a-489 and 38a-512a, or (iii) a child or stepchild, as described in sections 38a-497 and 38a-512b. (2) Not earlier than July 1, 2022, provide dental and nonemergency medical transportation services, as provided under chapter 319v, to all [parents, needy caretaker relatives and nonpregnant low-income adults who (A) are between eighteen and sixty-four years of age, (B) are eligible for premium and cost-sharing subsidies for a qualified health plan, (C) are ineligible for Medicaid because their income exceeds the Medicaid income limits under chapter 319v, (D) have household income up to one hundred seventy-five per cent of the federal poverty level, and (E) are receiving coverage under the benchmark qualified health plan offered through the exchange in the individual market at a silver level of coverage] eligible individuals described in subdivision (1) of this subsection; (3) Establish procedures to, on a quarterly basis, pay in reimbursement to each health carrier offering the qualified health plan described in subparagraph (A) or (B) of subdivision (1) of this subsection, as applicable, the premium and cost-sharing subsidies required under subdivision (1) of this subsection to ensure fully subsidized coverage; and
House Bill No. 5506
Public Act No. 22-118 396 of 739
(4) Consult with the [Commissioner of Social Services] Office of Health Strategy and Insurance Commissioner for the purposes set forth in section 17b-312. (c) (1) The Office of Health Strategy may, subject to the approval required under subdivision (3) of this subsection, seek a waiver pursuant to Section 1332 of the Affordable Care Act, as amended from time to time, to advance the purpose of the Covered Connecticut program. The Office of Health Strategy shall implement such waiver if the federal government issues such waiver. (2) The Office of Health Strategy shall submit a report, in accordance with section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, human services and insurance containing any proposed waiver described in subdivision (1) of this subsection before seeking such waiver from the federal government. (3) Not later than thirty days after the Office of Health Strategy submits a report under subdivision (2) of this subsection, the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, human services and insurance shall convene a joint public hearing on the proposed waiver contained in the report submitted pursuant to subdivision (2) of this subsection, separately vote to approve or reject such proposed waiver and advise the Office of Health Strategy of their approval or rejection of such proposed waiver. If any committee takes no action on such proposed waiver within the thirty-day period, the proposed waiver shall be deemed rejected. (d) The benefits and subsidies provided for individuals as part of the Covered Connecticut program shall not be considered income for such individuals for the purposes of chapter 229.
House Bill No. 5506
Public Act No. 22-118 397 of 739
(e) Not later than January 1, 2022, [and] every six months thereafter through January 1, 2024, and annually after January 1, 2024, the [Office of Health Strategy] Commissioner of Social Services shall submit a report, in accordance with section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, human services and insurance. Such report shall contain a description of the operations and finances of, and progress made by, the Covered Connecticut program for the immediately preceding [six-month] reporting period. Sec. 253. Subsection (a) of section 10-19o of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) The Commissioner of Children and Families shall establish a program to provide grants to youth service bureaus in accordance with this section. Only youth service bureaus which (1) were eligible to receive grants pursuant to this section for the fiscal year ending June 30, 2007, (2) applied for a grant by June 30, 2012, with prior approval of the town's contribution pursuant to subsection (b) of this section, (3) applied for a grant during the fiscal year ending June 30, 2015, (4) applied for a grant during the fiscal year ending June 30, 2018, with prior approval of the town's contribution pursuant to subsection (b) of this section, (5) applied for a grant during the fiscal year ending June 30, 2019, [or] (6) applied for a grant during the fiscal year ending June 30, 2021, or (7) applied for a grant during the fiscal year ending June 30, 2022, shall be eligible for a grant pursuant to this section. Each such youth service bureau shall receive, within available appropriations, a grant of fourteen thousand dollars. The Department of Children and Families may expend an amount not to exceed two per cent of the amount appropriated for purposes of this section for administrative expenses. If there are any remaining funds, each such youth service bureau that was awarded a grant in excess of fifteen thousand dollars in the fiscal year
House Bill No. 5506
Public Act No. 22-118 398 of 739
ending June 30, 1995, shall receive a percentage of such funds. The percentage shall be determined as follows: For each such grant in excess of fifteen thousand dollars, the difference between the amount of the grant awarded to the youth service bureau for the fiscal year ending June 30, 1995, and fifteen thousand dollars shall be divided by the difference between the total amount of the grants awarded to all youth service bureaus that were awarded grants in excess of fifteen thousand dollars for said fiscal year and the product of fifteen thousand dollars and the number of such grants for said fiscal year. Sec. 254. Subsection (p) of section 10-264l of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (p) (1) For the fiscal year ending June 30, [2016] 2023, and each fiscal year thereafter, if the East Hartford school district or the Manchester school district has greater than [seven] four per cent of its resident students, as defined in section 10-262f, enrolled in an interdistrict magnet school program, then the board of education for the town of East Hartford or the town of Manchester shall not be financially responsible for four thousand four hundred dollars of the portion of the per student tuition charged for each such student in excess of such [seven] four per cent. The Department of Education shall, within available appropriations, be financially responsible for such excess per student tuition. Notwithstanding the provisions of this subsection, for the fiscal year ending June 30, [2016] 2023, and each fiscal year thereafter, the amount of the grants payable to the [board] boards of education for the [town] towns of East Hartford and Manchester in accordance with this subsection shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for purposes of this subsection. (2) For the fiscal year ending June 30, 2023, if the local or regional board of education for (A) a town located in the Sheff region, as defined
House Bill No. 5506
Public Act No. 22-118 399 of 739
in subsection (k) of this section, other than a local board of education described in subdivision (1) of this subsection, (B) the town of New Britain, and (C) the town of New London, has greater than four per cent of its resident students, as defined in section 10-262f, enrolled in an interdistrict magnet school program, then such board of education shall not be financially responsible for four thousand four hundred dollars of the portion of the per student tuition charged for each such student in excess of such four per cent. The Department of Education shall, within available appropriations, be financially responsible for such excess per student tuition. Notwithstanding the provisions of this subsection, for the fiscal year ending June 30, 2023, the amount of the grants payable to any such board of education in accordance with this subsection shall be reduced proportionately if the total of such grants in such year exceeds the amount allocated for said year in accordance with the provisions of special act 21-1, as amended by public act 21-2 of the June special session, from the federal funds designated for the state pursuant to the provisions of section 602 of Subtitle M of Title IX of the American Rescue Plan Act of 2021, P.L. 117-2, as amended from time to time, for purposes of this subsection. Sec. 255. Subsection (d) of section 10-71 of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (d) Notwithstanding the provisions of this section, for the fiscal years ending June 30, 2004, to June 30, [2023] 2022, inclusive, the amount of the grants payable to towns, regional boards of education or regional educational service centers in accordance with this section shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for the purposes of this section for such year. Sec. 256. Subdivision (3) of subsection (d) of section 10-66ee of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022):
House Bill No. 5506
Public Act No. 22-118 400 of 739
(3) For the fiscal year ending June 30, 2023, the state shall pay in accordance with this subsection, to the fiscal authority for a state charter school for each student enrolled in such school, the foundation plus [fourteen and seventy-six-one-hundredths] twenty-five and forty-two- one-hundredths per cent of its charter grant adjustment. Sec. 257. (NEW) (Effective July 1, 2022) (a) For the school year commencing July 1, 2022, and each school year thereafter, each paraeducator employed by a local or regional board of education shall participate in a program of professional development. Each local and regional board of education shall make available, annually, at no cost to its paraeducators, a program of professional development that is not fewer than eighteen hours in length, of which a preponderance is in a small group or individual instructional setting. Such program of professional development shall (1) be a comprehensive, sustained and intensive approach to improving paraeducators effectiveness in increasing student knowledge achievement, (2) focus on refining and improving various effective instruction methods that are shared between and among paraeducators, (3) foster collective responsibility for improved student performance, (4) be comprised of professional learning that (A) is aligned with rigorous state student academic achievement standards, (B) is conducted among paraeducators at the school and facilitated by principals, coaches, mentors, distinguished educators, as described in section 10-145s of the general statutes, or other appropriate teachers, (C) occurs frequently on an individual basis or among groups of paraeducators in a job-embedded process of continuous improvement, and (D) includes a repository of best practices for instruction methods developed by paraeducators within each school that is continuously available to such paraeducators for comment and updating, and (5) include training in culturally responsive pedagogy and practice. Each program of professional development shall include professional development activities in accordance with the provisions of subsection (b) of this section. The principles and practices of social-
House Bill No. 5506
Public Act No. 22-118 401 of 739
emotional learning and restorative practices shall be integrated throughout the components of such program of professional development described in subdivisions (1) to (5), inclusive, of this subsection. (b) Local and regional boards of education shall offer professional development activities to paraeducators as part of the plan developed pursuant to subsection (b) of section 10-220a of the general statutes or for any individual paraeducator. Such professional development activities may be made available by a board of education directly, through a regional educational service center or cooperative arrangement with another board of education or through arrangements with any professional development provider approved by the Commissioner of Education and shall be consistent with any goals identified by the paraeducators and the local or regional board of education. Sec. 258. Subsection (b) of section 10-220a of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (b) Not later than a date prescribed by the commissioner, each local and regional board of education shall establish a professional development and evaluation committee. Such professional development and evaluation committee shall consist of (1) at least one teacher, as defined in subsection (a) of section 10-144d, selected by the exclusive bargaining representative for certified employees chosen pursuant to section 10-153b, (2) at least one administrator, as defined in subsection (a) of section 10-144e, selected by the exclusive bargaining representative for certified employees chosen pursuant to section 10- 153b, and (3) such other school personnel as the board deems appropriate. The duties of such committees shall include, but not be limited to, participation in the development or adoption of a teacher evaluation and support program for the district, pursuant to section 10-
House Bill No. 5506
Public Act No. 22-118 402 of 739
151b, and the development, evaluation and annual updating of a comprehensive local professional development plan for certified employees of the district. Such plan shall: (A) Be directly related to the educational goals prepared by the local or regional board of education pursuant to subsection (b) of section 10-220, (B) on and after July 1, 2021, be developed with full consideration of the priorities and needs related to student social-emotional learning and restorative practices, in accordance with the provisions of section 10-148a, and student academic outcomes as determined by the State Board of Education, (C) provide for the ongoing and systematic assessment and improvement of both teacher evaluation and professional development of the professional staff members of each such board, including personnel management and evaluation training or experience for administrators, and (D) be related to regular and special student needs and may include provisions concerning career incentives and parent involvement. The State Board of Education shall develop guidelines to assist local and regional boards of education in determining the objectives of the plans and in coordinating staff development activities with student needs and school programs. For the school year commencing July 1, 2022, and each school year thereafter, such committees shall develop, evaluate and annually update a comprehensive local professional development plan for paraeducators of the district in accordance with the provisions of this subsection. Sec. 259. (NEW) (Effective July 1, 2022) (a) For the fiscal years ending June 30, 2023, and June 30, 2024, the Office of Early Childhood shall administer an emergency stabilization grant program for school readiness programs, as defined in section 10-16p of the general statutes, and child care centers receiving state financial assistance pursuant to section 8-210 of the general statutes. The office shall provide grants-in- aid to those school readiness programs and child care centers who meet the eligibility criteria set forth in the guidelines developed pursuant to subsection (b) of this section, and submit an application for a grant, on
House Bill No. 5506
Public Act No. 22-118 403 of 739
a form and in such manner as prescribed by the office. A grant awarded under this section may be expended by such school readiness program or child care center for programmatic or administrative needs, in accordance with the guidelines developed by the office pursuant to subsection (b) of this section. (b) The office shall develop (1) eligibility criteria for school readiness programs and child care centers to be eligible to receive a grant under this section, and (2) guidelines for the expenditure of funds from a grant awarded under this section. Sec. 260. Section 10-17g of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): For the fiscal [years] year ending [June 30, 2016, to] June 30, 2023, [inclusive] and each fiscal year thereafter, the board of education for each local and regional school district that is required to provide a program of bilingual education, pursuant to section 10-17f, may make application to the State Board of Education and shall annually receive, within available appropriations, a grant in an amount equal to the product obtained by multiplying [one million nine hundred sixteen thousand one hundred thirty] three million eight hundred thirty-two thousand two hundred sixty by the ratio which the number of eligible children in the school district bears to the total number of such eligible children state-wide. The board of education for each local and regional school district receiving funds pursuant to this section shall annually, on or before September first, submit to the State Board of Education a progress report which shall include (1) measures of increased educational opportunities for eligible students, including language support services and language transition support services provided to such students, (2) program evaluation and measures of the effectiveness of its bilingual education and English as a second language programs, including data on students in bilingual education programs and
House Bill No. 5506
Public Act No. 22-118 404 of 739
students educated exclusively in English as a second language programs, and (3) certification by the board of education submitting the report that any funds received pursuant to this section have been used for the purposes specified. The State Board of Education shall annually evaluate programs conducted pursuant to section 10-17f. For purposes of this section, measures of the effectiveness of bilingual education and English as a second language programs include, but need not be limited to, mastery examination results, under section 10-14n, and graduation and school dropout rates. Any amount appropriated under this section in excess of [one million nine hundred sixteen thousand one hundred thirty] three million eight hundred thirty-two thousand two hundred sixty dollars shall be spent in accordance with the provisions of sections 10-17k, 10-17n and 10-66t. Any unexpended funds, as of November first, appropriated to the Department of Education for purposes of providing a grant to a local or regional board of education for the provision of a program of bilingual education, pursuant to section 10-17f, shall be distributed on a pro rata basis to each local and regional board of education receiving a grant under this section. Notwithstanding the provisions of this section, for the fiscal years ending June 30, 2009, to June 30, 2023, inclusive, the amount of grants payable to local or regional boards of education for the provision of a program of bilingual education under this section shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for such grants for such year. Sec. 261. (Effective July 1, 2022) The Department of Education shall conduct a study of the funding process for the Gilbert School, approved pursuant to section 10-34 of the general statutes. The department may consult with the Gilbert School while conducting such study. Not later than January 1, 2023, the department shall submit a report of the results of such study and any recommendations relating to the funding process for the Gilbert School to the joint standing committee of the General Assembly having cognizance of matters relating to education, in
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Public Act No. 22-118 405 of 739
accordance with the provisions of section 11-4a of the general statutes. Sec. 262. (Effective from passage) For the fiscal year ending June 30, 2022, any interdistrict magnet school program operator that is a regional educational service center that was previously subject to the provisions of clause (ii) of subparagraph (C) of subdivision (3) of subsection (c) of section 10-264l of the general statutes, or the successor operator of such interdistrict magnet school program, shall receive a per pupil grant in the amount set forth in subparagraph (A) of subdivision (3) of subsection (c) of section 10-264l of the general statutes for all students enrolled in the interdistrict magnet school program of such operator for the school year commencing July 1, 2021. Sec. 263. Section 10-16b of the 2022 supplement to the general statutes, as amended by section 376 of public act 21-2 of the June special session, is repealed and the following is substituted in lieu thereof (Effective July 1, 2023): (a) In the public schools the program of instruction offered shall include at least the following subject matter, as taught by legally qualified teachers, the arts; career education; consumer education; health and safety, including, but not limited to, human growth and development, nutrition, first aid, including cardiopulmonary resuscitation training in accordance with the provisions of section 10- 16qq, disease prevention and cancer awareness, including, but not limited to, age and developmentally appropriate instruction in performing self-examinations for the purposes of screening for breast cancer and testicular cancer, community and consumer health, physical, mental and emotional health, including youth suicide prevention, substance abuse prevention, including instruction relating to opioid use and related disorders, safety, which shall include the safe use of social media, as defined in section 9-601, and may include the dangers of gang membership, and accident prevention; language arts, including reading, writing, grammar, speaking and spelling; mathematics; physical
House Bill No. 5506
Public Act No. 22-118 406 of 739
education; science, which [may] shall include the climate change curriculum described in subsection (d) of this section; social studies, including, but not limited to, citizenship, economics, geography, government, history and Holocaust and genocide education and awareness in accordance with the provisions of section 10-18f; African- American and black studies in accordance with the provisions of section 10-16ss; Puerto Rican and Latino studies in accordance with the provisions of section 10-16ss; Native American studies, in accordance with the provisions of section 10-16vv; computer programming instruction; and in addition, on at least the secondary level, one or more world languages; vocational education; and the black and Latino studies course in accordance with the provisions of sections 10-16tt and 10- 16uu. For purposes of this subsection, world languages shall include American Sign Language, provided such subject matter is taught by a qualified instructor under the supervision of a teacher who holds a certificate issued by the State Board of Education. For purposes of this subsection, the "arts" means any form of visual or performing arts, which may include, but not be limited to, dance, music, art and theatre. (b) If a local or regional board of education requires its pupils to take a course in a world language, the parent or guardian of a pupil identified as deaf or hard of hearing may request in writing that such pupil be exempted from such requirement and, if such a request is made, such pupil shall be exempt from such requirement. (c) Each local and regional board of education shall on September 1, 1982, and annually thereafter at such time and in such manner as the Commissioner of Education shall request, attest to the State Board of Education that such local or regional board of education offers at least the program of instruction required pursuant to this section, and that such program of instruction is planned, ongoing and systematic. (d) The State Board of Education shall make available curriculum materials and such other materials as may assist local and regional
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Public Act No. 22-118 407 of 739
boards of education in developing instructional programs pursuant to this section. The State Board of Education, within available appropriations and utilizing available resource materials, shall assist and encourage local and regional boards of education to include: (1) Holocaust and genocide education and awareness; (2) the historical events surrounding the Great Famine in Ireland; (3) African-American and black studies; (4) Puerto Rican and Latino studies; (5) Native American studies; (6) personal financial management, including, but not limited to, financial literacy as developed in the plan provided under section 10-16pp; (7) training in cardiopulmonary resuscitation and the use of automatic external defibrillators; (8) labor history and law, including organized labor, the collective bargaining process, existing legal protections in the workplace, the history and economics of free market capitalism and entrepreneurialism, and the role of labor and capitalism in the development of the American and world economies; (9) climate change consistent with the Next Generation Science Standards; (10) topics approved by the state board upon the request of local or regional boards of education as part of the program of instruction offered pursuant to subsection (a) of this section; and (11) instruction relating to the Safe Haven Act, sections 17a-57 to 17a-61, inclusive. The Department of Energy and Environmental Protection shall be available to each local and regional board of education for the development of curriculum on climate change as described in this subsection. Sec. 264. (Effective from passage) The Department of Education shall compile and analyze information from local and regional boards of education throughout the state concerning the costs of special education. The department shall identify local and regional boards of education having expenditures on special education that are (1) two and one-half times the district's net current expenditures for education, (2) three times such expenditures, (3) three and one-half times such expenditures, and (4) four and one-half times such expenditures. Not
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Public Act No. 22-118 408 of 739
later than July 1, 2023, the department shall report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to education and appropriations and the budgets of state agencies concerning the results of such analysis, including, but not limited to, the cost to reimburse local and regional boards of education for their costs at each level of expenditures. Sec. 265. Section 10-76g of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) (1) For the fiscal year ending June 30, 1984, and each fiscal year thereafter, in any case in which special education is being provided at a private residential institution, including the residential components of regional educational service centers, to a child for whom no local or regional board of education can be found responsible under subsection (b) of section 10-76d, the Department of Children and Families shall pay the costs of special education to such institution pursuant to its authority under sections 17a-1 to 17a-26, inclusive, 17a-28 to 17a-49, inclusive, 17a- 52 and 17b-251. (2) For the fiscal year ending June 30, 1993, and each fiscal year thereafter, any local or regional board of education which provides special education and related services for any child (A) who is placed by a public agency, including, but not limited to, offices of a government of a federally recognized Native American tribe, in a private residential facility or who is placed in a facility or institution operated by the Department of Children and Families and who receives such special education at a program operated by a regional education service center or program operated by a local or regional board of education, and (B) for whom no local or regional board of education can be found responsible under subsection (b) of section 10-76d, shall be eligible to receive one hundred per cent of the reasonable costs of special education for such child as defined in the regulations of the State Board
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Public Act No. 22-118 409 of 739
of Education. Any such board eligible for payment shall file with the Department of Education, in such manner as prescribed by the Commissioner of Education, annually, on or before December first a statement of the cost of providing special education for such child, provided a board of education may submit, not later than March first, claims for additional children or costs not included in the December filing. Payment by the state for such costs shall be made to the local or regional board of education as follows: Seventy-five per cent of the cost in February and the balance in May. (b) Any local or regional board of education which provides special education pursuant to the provisions of sections 10-76a to 10-76g, inclusive, for any exceptional child described in subparagraph (A) of subdivision (5) of section 10-76a, under its jurisdiction, excluding (1) children placed by a state agency for whom a board of education receives payment pursuant to the provisions of subdivision (2) of subsection (e) of section 10-76d, and (2) children who require special education, who reside on state-owned or leased property, and who are not the educational responsibility of the unified school districts established pursuant to sections 17a-37 and 18-99a, shall be financially responsible for the reasonable costs of special education instruction, as defined in the regulations of the State Board of Education, in an amount equal to (A) for any fiscal year commencing prior to July 1, 2005, five times the average per pupil educational costs of such board of education for the prior fiscal year, determined in accordance with the provisions of subsection (a) of section 10-76f, and (B) for the fiscal year commencing July 1, 2005, and each fiscal year thereafter, four and one-half times such average per pupil educational costs of such board of education. [The] Except as otherwise provided in subsection (d) of this section, the State Board of Education shall, within available appropriations, pay on a current basis any costs in excess of the local or regional board's basic contribution paid by such board in accordance with the provisions of this subsection. Any amounts paid by the State Board of Education on a
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Public Act No. 22-118 410 of 739
current basis pursuant to this subsection shall not be reimbursable in the subsequent year. Application for such grant shall be made by filing with the Department of Education, in such manner as prescribed by the commissioner, annually on or before December first a statement of the cost of providing special education pursuant to this subsection, provided a board of education may submit, not later than March first, claims for additional children or costs not included in the December filing. Payment by the state for such excess costs shall be made to the local or regional board of education as follows: Seventy-five per cent of the cost in February and the balance in May. The amount due each town pursuant to the provisions of this subsection shall be paid to the treasurer of each town entitled to such aid, provided the treasurer shall treat such grant, or a portion of the grant, which relates to special education expenditures incurred in excess of such town's board of education budgeted estimate of such expenditures, as a reduction in expenditures by crediting such expenditure account, rather than town revenue. Such expenditure account shall be so credited no later than thirty days after receipt by the treasurer of necessary documentation from the board of education indicating the amount of such special education expenditures incurred in excess of such town's board of education budgeted estimate of such expenditures. (c) Commencing with the fiscal year ending June 30, 1996, and for each fiscal year thereafter, within available appropriations, each town whose ratio of (1) net costs of special education, as defined in subsection (h) of section 10-76f, for the fiscal year prior to the year in which the grant is to be paid to (2) the product of its total need students, as defined in section 10-262f, and the average regular program expenditures, as defined in section 10-262f, per need student for all towns for such year exceeds the state-wide average for all such ratios shall be eligible to receive a supplemental special education grant. Such grant shall be equal to the product of a town's eligible excess costs and the town's base aid ratio, as defined in section 10-262f, provided each town's grant shall
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Public Act No. 22-118 411 of 739
be adjusted proportionately if necessary to stay within the appropriation. Payment pursuant to this subsection shall be made in June. For purposes of this subsection, a town's eligible excess costs are the difference between its net costs of special education and the amount the town would have expended if it spent at the state-wide average rate. (d) Notwithstanding the provisions of this section, for the fiscal [years ending June 30, 2004, to June 30, 2007, inclusive, and for the fiscal years ending June 30, 2010, to June 30, 2023, inclusive, the amount of the grants payable to local or regional boards of education in accordance with this section, except grants paid in accordance with subdivision (2) of subsection (a) of this section, for the fiscal years ending June 30, 2006, and June 30, 2007, and for the fiscal years ending June 30, 2010, to June 30, 2023, inclusive, shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for the purposes of this section for such year.] year ending June 30, 2023, and each fiscal year thereafter, if the total of the amount of the grants payable to local or regional boards of education in accordance with this section, except grants paid in accordance with subdivision (2) of subsection (a) of this section, in any fiscal year exceeds the amount appropriated for the purposes of this section for such fiscal year, then each town shall be ranked in descending order from one to one hundred sixty-nine according to such town's adjusted equalized net grand list per capita, as defined in section 10-261, and the state board shall pay such grant to the local or regional board of education for a town as follows: (1) For any town ranked one hundred fifteen to one hundred sixty-nine, inclusive, seventy-six and one-quarter per cent of the amount of such town's eligible excess costs, (2) for any town ranked fifty-nine to one hundred fourteen, inclusive, seventy-three per cent of the amount of such town's eligible excess costs, and (3) for any town ranked one to fifty-eight, inclusive, seventy per cent of the amount of such town's eligible excess costs. In the case of a regional board of education, such ranking shall be determined by (A) multiplying the total population, as defined in
House Bill No. 5506
Public Act No. 22-118 412 of 739
section 10-261, of each town in the regional school district by such town's ranking, as determined in this subsection, (B) adding together the figures determined under subparagraph (A) of this subdivision, and (C) dividing the total computed under subparagraph (B) of this subdivision by the total population of all towns in the district. The ranking of each regional board of education shall be rounded to the next higher whole number. Sec. 266. Subsections (a) to (c), inclusive, of section 10-262u of the 2022 supplement to the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) As used in this section and section 10-262i: (1) "Alliance district" means a school district for a town that (A) is among the towns with the [thirty] thirty-three lowest accountability index scores, as calculated by the Department of Education, or (B) was previously designated as an alliance district by the Commissioner of Education for the fiscal years ending June 30, 2013, to June 30, [2017] 2022, inclusive. (2) "Accountability index" has the same meaning as provided in section 10-223e. (3) "Mastery test data of record" has the same meaning as provided in section 10-262f. (4) "Educational reform district" means [a school district that is in a town] an alliance district that is among the ten lowest accountability index scores when all towns are ranked highest to lowest in accountability index scores. (b) (1) For the fiscal year ending June 30, 2013, the Commissioner of Education shall designate thirty school districts as alliance districts. Any school district designated as an alliance district shall be so designated
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Public Act No. 22-118 413 of 739
for a period of five years. On or before June 30, 2016, the Department of Education shall determine if there are any additional alliance districts. (2) For the fiscal year ending June 30, 2018, the commissioner shall designate thirty-three school districts as alliance districts. Any school district designated as an alliance district shall be so designated for a period of five years. (3) For the fiscal year ending June 30, 2023, the commissioner shall designate thirty-six school districts as alliance districts. Any school district designated as an alliance district shall be so designated for a period of five years. (c) (1) [(A) For the fiscal year ending June 30, 2013, the Comptroller shall withhold from a town designated as an alliance district any increase in funds received over the amount the town received for the prior fiscal year pursuant to section 10-262h. The Comptroller shall transfer such funds to the Commissioner of Education. (B) For the fiscal years ending June 30, 2014, to June 30, 2016, inclusive, the Comptroller shall withhold from a town designated as an alliance district any increase in funds received over the amount the town received for the fiscal year ending June 30, 2012, pursuant to subsection (a) of section 10- 262i. (C) For the fiscal year ending June 30, 2017, the Comptroller shall withhold from a town designated as an alliance district any increase in funds received over the amount the town received for the fiscal year ending June 30, 2012, pursuant to subsection (a) of section 10-262i, minus the aid reduction, as described in subsection (d) of section 10- 262i. (D)] For the fiscal year ending June 30, [2018] 2023, and each fiscal year thereafter, the Comptroller shall withhold from [a] any town that (A) was designated as an alliance district pursuant to subdivision (2) of subsection (b) of this section any increase in funds received over the amount the town received for the fiscal year ending June 30, 2012, pursuant to subsection (a) of section 10-262i, and (B) was designated as an alliance district for the first time pursuant to subdivision (3) of
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Public Act No. 22-118 414 of 739
subsection (b) of this section, any increase in funds received over the amount the town received for the fiscal year ending June 30, 2022, pursuant to subsection (a) of section 10-262i. The Comptroller shall transfer such funds to the Commissioner of Education. (2) Upon receipt of an application pursuant to subsection (d) of this section or section 10-156gg, the Commissioner of Education may pay such funds to the town designated as an alliance district and such town shall pay all such funds to the local or regional board of education for such town on the condition that such funds shall be expended in accordance with (A) the plan described in subsection (d) of this section, (B) the minority candidate certification, retention or residency year program pursuant to section 10-156gg, (C) the provisions of subsection (c) of section 10-262i, and (D) any guidelines developed by the State Board of Education for such funds. Such funds shall be used to improve student achievement and recruit and retain minority teachers in such alliance district and to offset any other local education costs approved by the commissioner. Sec. 267. Section 10-262h of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) For the fiscal year ending June 30, 2018, each town maintaining public schools according to law shall be entitled to an equalization aid grant as follows: (1) Any town designated as an alliance district, as defined in section 10-262u, shall be entitled to an equalization aid grant in an amount equal to its base grant amount; and (2) any town not designated as an alliance district shall be entitled to an equalization aid grant in an amount equal to ninety-five per cent of its base grant amount. (b) For the fiscal year ending June 30, 2019, each town maintaining public schools according to law shall be entitled to an equalization aid
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Public Act No. 22-118 415 of 739
grant as follows: (1) Any town whose fully funded grant is greater than its base grant amount shall be entitled to an equalization aid grant in an amount equal to its base grant amount plus four and one-tenth per cent of its grant adjustment; and (2) any town whose fully funded grant is less than its base grant amount shall be entitled to an equalization aid grant in an amount equal to its base grant amount minus twenty-five per cent of its grant adjustment, except any such town designated as an alliance district shall be entitled to an equalization aid grant in an amount equal to its base grant amount. (c) For the fiscal years ending June 30, 2020, and June 30, 2021, each town maintaining public schools according to law shall be entitled to an equalization aid grant as follows: (1) Any town whose fully funded grant is greater than its base grant amount shall be entitled to an equalization aid grant in an amount equal to its equalization aid grant amount for the previous fiscal year plus ten and sixty-six-one- hundredths per cent of its grant adjustment; and (2) any town whose fully funded grant is less than its base grant amount shall be entitled to an equalization aid grant in an amount equal to its equalization aid grant amount for the previous fiscal year minus eight and thirty-three- one-hundredths per cent of its grant adjustment, except any such town designated as an alliance district shall be entitled to an equalization aid grant in an amount equal to its base grant amount. (d) For the fiscal [years] year ending June 30, 2022, [and June 30, 2023,] each town maintaining public schools according to law shall be entitled to an equalization aid grant as follows: (1) Any town whose fully funded grant is greater than its base grant amount shall be entitled to an equalization aid grant in an amount equal to its equalization aid grant amount for the previous fiscal year plus ten and sixty-six-one- hundredths per cent of its grant adjustment; and (2) any town whose fully funded grant is less than its base grant amount shall be entitled to an equalization aid grant in an amount equal to the amount the town
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Public Act No. 22-118 416 of 739
was entitled to for the fiscal year ending June 30, 2021. [(e) For the fiscal years ending June 30, 2024, to June 30, 2027, inclusive, each town maintaining public schools according to law shall be entitled to an equalization aid grant as follows: (1) Any town whose fully funded grant is greater than its base grant amount shall be entitled to an equalization aid grant in an amount equal to its equalization aid grant amount for the previous fiscal year plus ten and sixty-six-one- hundredths per cent of its grant adjustment; and (2) any town whose fully funded grant is less than its base grant amount shall be entitled to an equalization aid grant in an amount equal to its equalization aid grant amount for the previous fiscal year minus eight and thirty-three- one-hundredths per cent of its grant adjustment, except any such town designated as an alliance district shall be entitled to an equalization aid grant in an amount equal to its base grant amount.] (e) For the fiscal year ending June 30, 2023, each town maintaining public schools according to law shall be entitled to an equalization aid grant as follows: (1) Any town whose fully funded grant is greater than its equalization aid grant amount for the previous fiscal year shall be entitled to an equalization aid grant in an amount equal to its equalization aid grant amount for the previous fiscal year plus sixteen and sixty-seven-one-hundredths per cent of its grant adjustment; and (2) any town whose fully funded grant is less than its equalization aid grant amount for the previous fiscal year shall be entitled to an equalization aid grant in an amount equal to the amount the town was entitled to for the fiscal year ending June 30, 2022. (f) For the fiscal year ending June 30, 2024, each town maintaining public schools according to law shall be entitled to an equalization aid grant as follows: (1) Any town whose fully funded grant is greater than its equalization aid grant amount for the previous fiscal year shall be entitled to an equalization aid grant in an amount equal to its equalization aid grant amount for the previous fiscal year plus twenty
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Public Act No. 22-118 417 of 739
per cent of its grant adjustment; (2) any town whose fully funded grant is less than its equalization aid grant amount for the previous fiscal year shall be entitled to an equalization aid grant in an amount equal to its equalization aid grant amount for the previous fiscal year minus fourteen and twenty-nine-one-hundredths per cent of its grant adjustment; and (3) any town designated as an alliance district shall be entitled to an equalization aid grant in an amount that is the greater of (A) the amount described in either subdivision (1) of this subsection or subdivision (2) of this subsection, as applicable, (B) its base grant amount, or (C) its equalization aid grant entitlement for the previous fiscal year. (g) For the fiscal year ending June 30, 2025, each town maintaining public schools according to law shall be entitled to an equalization aid grant as follows: (1) Any town whose fully funded grant is greater than its equalization aid grant amount for the previous fiscal year shall be entitled to an equalization aid grant in an amount equal to its equalization aid grant amount for the previous fiscal year plus twenty- five per cent of its grant adjustment; (2) any town whose fully funded grant is less than its equalization aid grant amount for the previous fiscal year shall be entitled to an equalization aid grant in an amount equal to its equalization aid grant amount for the previous fiscal year minus sixteen and sixty-seven-one-hundredths per cent of its grant adjustment; and (3) any town designated as an alliance district shall be entitled to an equalization aid grant in an amount that is the greater of (A) the amount described in either subdivision (1) of this subsection or subdivision (2) of this subsection, as applicable, (B) its base grant amount, or (C) its equalization aid grant entitlement for the previous fiscal year. (h) For the fiscal year ending June 30, 2026, each town maintaining public schools according to law shall be entitled to an equalization aid grant as follows: (1) Any town whose fully funded grant is greater than
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Public Act No. 22-118 418 of 739
its equalization aid grant amount for the previous fiscal year shall be entitled to an equalization aid grant in an amount equal to its equalization aid grant amount for the previous fiscal year plus thirty- three and thirty-three-one-hundredths per cent of its grant adjustment; (2) any town whose fully funded grant is less than its equalization aid grant amount for the previous fiscal year shall be entitled to an equalization aid grant in an amount equal to its equalization aid grant amount for the previous fiscal year minus twenty per cent of its grant adjustment; and (3) any town designated as an alliance district shall be entitled to an equalization aid grant in an amount that is the greater of (A) the amount described in either subdivision (1) of this subsection or subdivision (2) of this subsection, as applicable, (B) its base grant amount, or (C) its equalization aid grant entitlement for the previous fiscal year. (i) For the fiscal year ending June 30, 2027, each town maintaining public schools according to law shall be entitled to an equalization aid grant as follows: (1) Any town whose fully funded grant is greater than its equalization aid grant amount for the previous fiscal year shall be entitled to an equalization aid grant in an amount equal to its equalization aid grant amount for the previous fiscal year plus fifty per cent of its grant adjustment; (2) any town whose fully funded grant is less than its equalization aid grant amount for the previous fiscal year shall be entitled to an equalization aid grant in an amount equal to its equalization aid grant amount for the previous fiscal year minus twenty-five per cent of its grant adjustment; and (3) any town designated as an alliance district shall be entitled to an equalization aid grant in an amount that is the greater of (A) the amount described in either subdivision (1) of this subsection or subdivision (2) of this subsection, as applicable, (B) its base grant amount, or (C) its equalization aid grant entitlement for the previous fiscal year. (j) For the fiscal year ending June 30, 2028, each town maintaining
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Public Act No. 22-118 419 of 739
public schools according to law shall be entitled to an equalization aid grant as follows: (1) Any town whose fully funded grant is greater than its equalization aid grant amount for the previous fiscal year shall be entitled to an equalization aid grant in an amount equal to its fully funded grant; (2) any town whose fully funded grant is less than its equalization aid grant amount for the previous fiscal year shall be entitled to an equalization aid grant in an amount equal to its equalization aid grant amount for the previous fiscal year minus thirty- three and thirty-three-one-hundredths per cent of its grant adjustment; and (3) any town designated as an alliance district shall be entitled to an equalization aid grant in an amount that is the greater of (A) the amount described in either subdivision (1) of this subsection or subdivision (2) of this subsection, as applicable, (B) its base grant amount, or (C) its equalization aid grant entitlement for the previous fiscal year. [(f)] (k) For the fiscal [years ending June 30, 2028, and] year ending June 30, 2029, each town maintaining public schools according to law shall be entitled to an equalization aid grant as follows: (1) Any town whose fully funded grant is greater than its [base grant amount] equalization aid grant amount for the previous fiscal year shall be entitled to an equalization aid grant in an amount equal to its fully funded grant; [and] (2) any town whose fully funded grant is less than its [base grant amount] equalization aid grant amount for the previous fiscal year shall be entitled to an equalization aid grant in an amount equal to its equalization aid grant amount for the previous fiscal year minus [eight and thirty-three-one-hundredths] fifty per cent of its grant adjustment; [, except any such town designated as an alliance district shall be entitled to an equalization aid grant in an amount equal to its base grant amount] and (3) any town designated as an alliance district shall be entitled to an equalization aid grant in an amount that is the greater of (A) the amount described in either subdivision (1) of this subsection or subdivision (2) of this subsection, as applicable, (B) its base grant amount, or (C) its equalization aid grant entitlement for the
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Public Act No. 22-118 420 of 739
previous fiscal year. [(g)] (l) For the fiscal year ending June 30, 2030, and each fiscal year thereafter, each town maintaining public schools according to law shall be entitled to an equalization aid grant in an amount equal to its fully funded grant, except any town designated as an alliance district [whose fully funded grant amount is less than its base grant amount shall be entitled to an equalization aid grant in an amount equal to its base grant amount] shall be entitled to an equalization aid grant in an amount that is the greater of (1) its fully funded grant, (2) its base grant amount, or (3) its equalization aid grant entitlement for the previous fiscal year. Sec. 268. Subdivision (2) of section 10-262f of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (2) "Base aid ratio" means [(A) for the fiscal years ending June 30, 2008, to June 30, 2013, inclusive, one minus the ratio of a town's wealth to the state guaranteed wealth level, provided no town's aid ratio shall be less than nine one-hundredths, except for towns which rank from one to twenty when all towns are ranked in descending order from one to one hundred sixty-nine based on the ratio of the number of children below poverty to the number of children age five to seventeen, inclusive, the town's aid ratio shall not be less than thirteen one-hundredths when based on data used to determine the grants pursuant to section 10-262h of the general statutes, revision of 1958, revised to January 1, 2013, for the fiscal year ending June 30, 2008, (B) for the fiscal years ending June 30, 2014, to June 30, 2017, inclusive, one minus the town's wealth adjustment factor, except that a town's aid ratio shall not be less than (i) ten one-hundredths for a town designated as an alliance district, as defined in section 10-262u, and (ii) two one-hundredths for a town that is not designated as an alliance district, and (C)] for the fiscal year ending June 30, 2018, and each fiscal year thereafter, the sum of [(i)] (A) one minus the town's wealth adjustment factor, and [(ii)] (B) the town's
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Public Act No. 22-118 421 of 739
base aid ratio adjustment factor, if any, except that a town's base aid ratio shall not be less than [(I)] (i) ten per cent for a town designated as an alliance district, as defined in section 10-262u, or a priority school district, as described in section 10-266p, and [(II)] (ii) one per cent for a town that is not designated as an alliance district or a priority school district. Sec. 269. Subdivision (49) of section 10-262f of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (49) "Grant adjustment" means the absolute value of the difference between a town's [base grant amount] equalization aid grant entitlement for the previous fiscal year and its fully funded grant. Sec. 270. Subdivision (2) of subsection (g) of section 10-266aa of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (2) (A) For the fiscal year ending June 30, 2013, and each fiscal year thereafter, the department shall provide, within available appropriations, an annual grant to the local or regional board of education for each receiving district if one of the following conditions are met as follows: [(A)] (i) Three thousand dollars for each out-of- district student who attends school in the receiving district under the program if the number of such out-of-district students is less than two per cent of the total student population of such receiving district plus any amount available pursuant to subparagraph (B) of this subdivision, [(B)] (ii) four thousand dollars for each out-of-district student who attends school in the receiving district under the program if the number of such out-of-district students is greater than or equal to two per cent but less than three per cent of the total student population of such receiving district plus any amount available pursuant to subparagraph (B) of this subdivision, [(C)] (iii) six thousand dollars for each out-of-
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Public Act No. 22-118 422 of 739
district student who attends school in the receiving district under the program if the number of such out-of-district students is greater than or equal to three per cent but less than four per cent of the total student population of such receiving district [, (D)] plus any amount available pursuant to subparagraph (B) of this subdivision, (iv) six thousand dollars for each out-of-district student who attends school in the receiving district under the program if the Commissioner of Education determines that the receiving district has an enrollment of greater than four thousand students and has increased the number of students in the program by at least fifty per cent from the previous fiscal year plus any amount available pursuant to subparagraph (B) of this subdivision, or [(E)] (v) eight thousand dollars for each out-of-district student who attends school in the receiving district under the program if the number of such out-of-district students is greater than or equal to four per cent of the total student population of such receiving district plus any amount available pursuant to subparagraph (B) of this subdivision. (B) For the fiscal year ending June 30, 2023, and each fiscal year thereafter, the department shall, in order to assist the state in meeting its obligations under commitment 9B of the Comprehensive School Choice Plan pursuant to the settlement in Sheff v. O'Neill, HHD-X07- CV89-4026240-S, provide, within available appropriations, an additional grant to the local or regional board of education for each receiving district in the amount of two thousand dollars for each out-of- district student who resides in the Hartford region and attends school in the receiving district under the program. Sec. 271. Subsection (b) of section 10-9 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (b) Notwithstanding the provisions of subsection (a) of this section, the State Board of Education may receive in the name of the state any money or property given or bequeathed to the State Board of Education.
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Public Act No. 22-118 423 of 739
[or to any of the technical education and career schools.] Said board shall transfer any such money to the State Treasurer who shall invest the money in accordance with the provisions of section 3-31a. Said board may use any such property for educational purposes. Sec. 272. Section 10-55 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): No pupil from any town belonging to a regional school district shall, at the expense of such town, attend any other school in lieu of that provided by said district except a technical education and career school operated by the Technical Education and Career System established pursuant to section 10-95 approved by the State Board of Education, unless his attendance at such other school is approved by the regional board of education. Sec. 273. Subsection (c) of section 10-74d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (c) The Department of Education may retain (1) up to one per cent of the amount appropriated for interdistrict cooperative grants pursuant to this section for state-wide technical assistance, program monitoring and evaluation, and administration, and (2) up to one per cent of such amount for use by the Technical [High School] Education and Career System for interdistrict summer school, weekend and after-school programs. Sec. 274. Subsection (a) of section 10-76q of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) The [State Board of Education, in accordance with regulations adopted by said board] Technical Education and Career System, established pursuant to section 10-95, shall: (1) Provide the professional
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Public Act No. 22-118 424 of 739
services necessary to identify, in accordance with section 10-76a, children requiring special education who are enrolled at a technical education and career school; (2) identify each such child; (3) determine the appropriateness of the technical education and career school for the educational needs of each such child; (4) provide an appropriate educational program for each such child; (5) maintain a record thereof; and (6) annually evaluate the progress and accomplishments of special education programs provided by the Technical Education and Career System. Sec. 275. Section 10-95a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): [The State Board of Education shall establish] There shall be a student activity program established at each technical education and career school. Such programs shall consist of athletic and nonathletic activities. State funds may be expended for the purposes of this section. Sec. 276. Section 10-95e of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) The [State Board of Education shall] executive director of the Technical Education and Career System shall take the necessary steps to establish a Vocational Education Extension Fund. Within said Vocational Education Extension Fund, there is established an account to be known as the "vocational education extension account". The Vocational Education Extension Fund may include other accounts separate and apart from the vocational education extension account. The vocational education extension account shall be used for the operation of preparatory and supplemental programs, including apprenticeship programs in accordance with subsection (b) of this section, and for the purchase of such materials and equipment required for use in the operation of said programs. All proceeds derived from the operation of said programs and revenue collected for rental or use of
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Public Act No. 22-118 425 of 739
school facilities shall be credited to and become a part of the resources of said vocational education extension account, except as provided in subsection (b) of this section. All direct expenses incurred in the conduct of said programs shall be charged, and any payments of interest and principal of bonds or any sums transferable to any fund for the payment of interest and principal of bonds and any cost of equipment for such operations may be charged, against said vocational education extension account on order of the State Comptroller. Any balance of receipts above expenditures shall remain in said vocational education extension account to be used for said program and for the acquisition, as provided by section 4b-21, alteration and repairs of real property for educational facilities for such programs, except such sums as may be required to be transferred from time to time to any fund for the redemption of bonds and payment of interest on bonds, provided capital projects costing over one hundred thousand dollars shall require the approval of the General Assembly or, when the General Assembly is not in session, of the Finance Advisory Committee. The Technical Education and Career System board shall fix the tuition fees to be charged students for preparatory and supplemental programs including apprenticeship programs. Not less than half of the tuition fee charged for any apprenticeship program shall be paid by the employer. (b) The [State Board of Education shall] executive director shall take the necessary steps to establish an apprenticeship account within the Vocational Education Extension Fund. All proceeds derived from the operation of apprenticeship programs shall be deposited in the Vocational Education Extension Fund and shall be credited to and become a part of the resources of the apprenticeship account which shall be used for the operation of apprenticeship programs and for the purchase of materials and equipment required for such programs. Sec. 277. Section 10-95h of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July
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Public Act No. 22-118 426 of 739
1, 2022): (a) Not later than November thirtieth each year, the joint standing committees of the General Assembly having cognizance of matters relating to education, higher education and employment advancement and labor shall meet with the chairperson of the Technical Education and Career System board, [and] the superintendent of the Technical Education and Career System, the executive director of the Technical Education and Career System, the Labor Commissioner and such other persons as they deem appropriate to consider the items submitted pursuant to subsection (b) of this section. (b) On or before November fifteenth, annually: (1) The Labor Commissioner shall submit the following to the joint standing committees of the General Assembly having cognizance of matters relating to education, higher education and employment advancement and labor: (A) Information identifying general economic trends in the state; (B) occupational information regarding the public and private sectors, such as continuous data on occupational movements; and (C) information identifying emerging regional, state and national workforce needs over the next ten years. (2) The [superintendent] executive director of the Technical Education and Career System shall submit the following to the joint standing committees of the General Assembly having cognizance of matters relating to education, higher education and employment advancement and labor: (A) Information ensuring that the curriculum of the Technical Education and Career System is incorporating those workforce skills that will be needed for the next ten years, as identified by the Labor Commissioner in subdivision (1) of this subsection, into the technical education and career schools; (B) information regarding the employment status of students who graduate from or complete an approved program of study at the Technical Education and Career
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System, including, but not limited to: (i) Demographics such as age and gender, (ii) course and program enrollment and completion, (iii) employment status, and (iv) wages prior to enrolling and after graduating; (C) an assessment of the adequacy of the resources available to the Technical Education and Career System as the system develops and refines programs to meet existing and emerging workforce needs; (D) recommendations to the Technical Education and Career System board to carry out the provisions of subparagraphs (A) to (C), inclusive, of this subdivision; (E) information regarding staffing at each technical education and career school for the current academic year; and (F) information regarding the transition process of the Technical Education and Career System as an independent agency, including, but not limited to, the actions taken by the Technical Education and Career System board and the [superintendent] executive director to create a budget process and maintain programmatic consistency for students enrolled in the technical education and career system. The [superintendent] executive director shall collaborate with the Labor Commissioner to obtain information as needed to carry out the provisions of this subsection. Sec. 278. Section 10-95j of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): The [State Board of Education] Technical Education and Career System board shall include in the report required pursuant to section 10-95k, a summary of the following: (1) Admissions policies for the Technical Education and Career System; (2) Recruitment and retention of faculty; (3) Efforts to strengthen consideration of the needs of and to develop greater public awareness of the Technical Education and Career System;
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and (4) Efforts to strengthen the role of [school craft committees] career and technical education advisory committees and increase employer participation. Sec. 279. Section 10-95l of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): The [Department of Education] superintendent of the Technical Education and Career System shall provide in-service training programs, in accordance with subsection (a) of section 10-220a, for the teachers, administrators and pupil personnel employed in the [Technical Education and Career System] system who hold the initial educator, provisional educator or professional educator certificate. In addition, the [department] system shall provide programs to enhance the knowledge and skill level of such teachers in their vocational or technical field. Sec. 280. Section 10-95o of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) (1) The [State Board of Education] executive director of the Technical Education and Career System shall not close or suspend operations of any technical education and career school for more than six months unless the Technical Education and Career System board (A) holds a public hearing at the school that may be closed or whose operations may be suspended, (B) develops and makes available a comprehensive plan for such school in accordance with the provisions of subsection (b) of this section, and (C) affirmatively votes to recommend that the executive director close or suspend operations at a meeting duly called. Such public hearing shall be held after normal school hours and at least thirty days prior to any vote of the board pursuant to subparagraph (C) of this subdivision. The executive director
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Public Act No. 22-118 429 of 739
may close or suspend operations following receipt of the recommendation from the board. (2) The [board] executive director shall not extend the closure or suspension of operations of a technical education and career school beyond the period set forth in the comprehensive plan described in subsection (b) of this section unless the board (A) holds another public hearing at a location in the town in which the school is located, after normal school hours and at least thirty days prior to any vote of the board [pursuant to subparagraph (C) of this subdivision] to recommend that the executive director extend such closure or suspension of operations, (B) develops and makes available a new comprehensive plan for such school in accordance with the provisions of subsection (b) of this section, and (C) affirmatively votes to recommend that the executive director extend such closure or suspension of [school] operations at a meeting duly called. (b) The [State Board of Education] executive director shall develop a comprehensive plan regarding the closure or suspension of operations of any technical education and career school prior to the public hearing described in subsection (a) of this section. Such comprehensive plan shall include, but not be limited to, (1) an explanation of the reasons for the school closure or suspension of operations, including a cost-benefit analysis of such school closing or suspension of operations, (2) the length of the school closure or suspension of operations, (3) the financial plan for the school during the closure or suspension of operations, including, but not limited to, the costs of such school closure or suspension of operations, (4) a description of the transitional phase to school closure or suspension of operations and a description of the transitional phase to reopening the school, (5) an explanation of what will happen to students currently enrolled at such school during the school closure or suspension of operations, including, but not limited to, available technical education and career schools for such students to
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attend and transportation for such students to such schools, (6) an explanation of what will happen to school personnel during the school closure or suspension of operations, including, but not limited to, employment at other schools, and (7) an explanation of how the school building and property will be used during the school closure or suspension of operations. The [State Board of Education] executive director shall provide for the mailing of such comprehensive plan to parents and guardians of students enrolled at the school and to school personnel employed at such school, and make such comprehensive plan available on the school's web site at least fourteen days prior to the public hearing described in subsection (a) of this section. (c) The [State Board of Education] Technical Education and Career System shall be responsible for transporting any student enrolled in a technical education and career school that is closed or whose operations are suspended pursuant to this section to another technical education and career school during such period of closure or suspension of operations, and the board shall be responsible for the costs associated with such transportation. Sec. 281. Section 10-95q of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): [(a) (1) On or after July 1, 2017, until June 30, 2023, the Technical Education and Career System board may recommend a candidate for superintendent of the Technical Education and Career System to the Commissioner of Education. The commissioner may hire or reject any candidate for superintendent recommended by the board. If the commissioner rejects a candidate for superintendent, the board shall recommend another candidate for superintendent to the commissioner. The term of office of the superintendent hired under this subdivision shall expire on June 30, 2023.] [(2)] (a) (1) On and after July 1, [2023] 2022, the Technical Education
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and Career System board shall recommend a candidate for superintendent of the Technical Education and Career System to the executive director of the Technical Education and Career System. The executive director may hire or reject any candidate for superintendent recommended by the board. If the executive director rejects a candidate for superintendent, the board shall recommend another candidate for superintendent to the executive director until the executive director hires a candidate for superintendent. (2) The term of office of the superintendent [hired under this subdivision] shall be three years and may be extended by the executive director, after consultation with the Technical Education and Career System board regarding such extension, for no more than three years at any one time. (3) (A) No candidate may be hired as, or assume the duties and responsibilities of, the superintendent until the executive director receives written confirmation from the Commissioner of Education that such candidate is properly certified under chapter 166 or has been granted a waiver of certification by the commissioner pursuant to subsection (c) of section 10-157. (B) The board may recommend, and the executive director may hire, a candidate who is not properly certified under chapter 166 to serve as acting superintendent for a probationary period not to exceed one school year, provided the executive director receives approval from the Commissioner of Education. During such probationary period such acting superintendent shall assume all duties of the superintendent for the time specified and shall successfully complete a school leadership program, approved by the State Board of Education, offered at a public or private institution of higher education in the state. At the conclusion of such probationary period, the executive director may request the commissioner to grant a waiver of certification for such acting superintendent pursuant to subsection (c) of section 10-157, or a one-
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time extension of such probationary period, not to exceed one additional school year, if the commissioner determines that the executive director has demonstrated a significant need or hardship for such extension. (b) (1) The superintendent of the Technical Education and Career System shall be responsible for the operation, supervision and administration of the technical education and career schools and all other matters relating to vocational, technical, technological and postsecondary education in the system. The superintendent, in consultation with the executive director, shall develop and revise, as necessary, administrative policies for the operation of the technical education and career schools and programs offered in the system. Any such administrative policies developed or revised under this subdivision shall not be deemed to be regulations, as defined in section 4-166. (2) The executive director, in consultation with the board, shall evaluate, at least annually, the performance of the superintendent in accordance with guidelines and criteria established by the executive director and the board. Sec. 282. Subsection (a) of section 10-95r of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) The Technical Education and Career System shall be under the direction of the executive director of the Technical Education and Career System, whose appointment shall be made by the Governor. Such appointment shall be in accordance with the provisions of sections 4-5 to 4-8, inclusive. Any person appointed to be the executive director shall have experience with educational systems. The executive director of the Technical Education and Career System shall be responsible for the operation, supervision and administration and the financial accountability and oversight of the Technical Education and Career
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System in matters relating to the central office, system-wide management and other noneducational matters. The executive director shall organize the Technical Education and Career System into such bureaus, divisions and other units as may be necessary for the efficient conduct of the business of the system, and may, from time to time, create, abolish, transfer or consolidate within the system any bureau, division or other unit as may be necessary for the efficient conduct of the business of the system. The executive director may appoint, and may prescribe the duties of any subordinates, agents and employees as he or she finds necessary in the conduct of the system. Sec. 283. Subsection (e) of section 10-95r of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (e) The executive director shall [establish] ensure that the superintendent of the Technical Education and Career System establishes a master schedule for the Technical Education and Career System and may amend such master schedule from time to time. Sec. 284. Section 10-95s of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) The Technical Education and Career System shall be advised by a Technical Education and Career System board. The board shall consist of eleven members [and shall include at least the following,] as follows: (1) [two] Two members [with] appointed by the Governor who shall have experience in manufacturing or a trade offered by the Technical Education and Career System, or who are alumni of the system, (2) two members appointed by the Governor who are executives of Connecticut-based employers and who [shall be] have been nominated by the Governor's Workforce Council, established pursuant to section 31-3h, [. The Commissioners] (3) the Commissioner of Education, [and]
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or the commissioner's designee, (4) the Commissioner of Economic and Community Development, or the commissioner's designee, (5) the Labor Commissioner, [and] or the commissioner's designee, (6) the Chief Workforce Officer, or [their respective designees, shall serve as ex- officio members of the board] the officer's designee, and (7) three members appointed by the Governor. Members of the board [shall be] appointed by the Governor shall be so appointed with the advice and consent of the General Assembly, in accordance with the provisions of section 4-7. Any vacancy shall be filled in the manner provided in section 4-19. The Governor shall appoint the chairperson and may remove a member for inefficiency, neglect of duty or misconduct in office. Members of the board shall not be employees of the Technical Education and Career System. (b) The board shall advise the superintendent of the Technical Education and Career System and the executive director of the Technical Education and Career System on matters relating to vocational, technical, technological and postsecondary education and training. The board may create any advisory boards or appoint any committees as it deems necessary for the efficient conduct of its business. The executive director, in conjunction with the superintendent, may arrange for training to be provided to the board at such times, and on such matters, as are deemed appropriate to assist the board in the conduct of its business. (c) The board may recommend to the executive director and superintendent policies to attract and retain students who will pursue careers that meet workforce needs and govern the admission of students to any technical education and career school in compliance with state and federal law. (d) The board shall establish specific achievement goals for students at the technical education and career schools at each grade level. The board shall measure the performance of each technical education and
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career school and shall identify a set of quantifiable measures to be used. The measures shall include factors such as the performance of students [in grade ten or eleven on the mastery examination, under section 10- 14n] on standardized academic assessments, trade-related assessment tests, dropout rates and graduation rates. Sec. 285. Section 10-96c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): The [Commissioner of Education] executive director of the Technical Education and Career System may indemnify and hold harmless any person, as defined in section 1-79, who makes a gift of tangible property or properties with a fair market value in excess of one thousand dollars to [the Department of Education or] the Technical Education and Career System for instructional purposes. Any indemnification under this section shall be solely for any damages caused as a result of the use of such tangible property, provided there shall be no indemnification for any liability resulting from (1) intentional or wilful misconduct by the person providing such tangible property to the department or the Technical Education and Career System, or (2) hidden defects in such tangible property that are known to and not disclosed by the person providing such tangible property to the department or the Technical Education and Career System at the time the gift is made. Sec. 286. Section 10-97a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): [On or before July 15, 2010, and annually thereafter, the State Board of Education] The superintendent of the Technical Education and Career System shall arrange for the annual inspection, in accordance with the provisions of section 14-282a, of those school buses, as defined in section 14-275, in operation in the Technical Education and Career System.
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Sec. 287. Section 10-97b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) [On and after July 1, 2010, the State Board of Education] The executive director of the Technical Education and Career System shall take the necessary steps to replace any school bus that (1) is twelve years or older and is in service at any technical education and career school, or (2) has been subject to an out-of-service order, as defined in section 14-1, for two consecutive years for the same reason. (b) [On or before July 1, 2011, and annually thereafter, the superintendent] The executive director of the Technical Education and Career System shall annually submit, in accordance with the provisions of section 11-4a, to the Secretary of the Office of Policy and Management and to the joint standing committees of the General Assembly having cognizance of matters relating to education and finance, revenue and bonding a report on the replacement of school buses in service in the Technical Education and Career System, pursuant to subsection (a) of this section. Such report shall include the number of school buses replaced in the previous school year and a projection of the number of school buses anticipated to be replaced in the upcoming school year. Sec. 288. Section 10-98a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): The principal of each technical education and career school, or the principal's designee, shall meet with members of the business community, representatives of electric, gas, water and wastewater utilities and representatives from state colleges and universities offering courses in public utility management within the geographic area served by the technical education and career school to develop a plan to assess workforce needs of the community and such utilities and implement curriculum modifications to address those needs. The executive director of the Technical Education and Career System may convene regional or
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state-wide meetings to address the workforce needs of such utilities. Sec. 289. Section 10-98b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): The [superintendent] executive director of the Technical Education and Career System shall consult with each (1) regional community- technical college, and (2) local or regional board of education (A) for a town in which a technical education and career school is located, and (B) that offers any career technical education programs, for the purpose of establishing partnerships, reducing redundancies and consolidating programmatic offerings and to fulfill workforce needs in the state. Sec. 290. Section 10-99 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): The [State Board of Education] Technical Education and Career System shall use the industrial account within the Vocational Education Extension Fund, established in connection with its administration of vocational, technical and technological education and training, as a revolving account in securing personal services, contractual services and materials and supplies, with such equipment as may be chargeable to the cost of a specific production contract or equipment of a nature which may be properly chargeable to the account in general, provided the account shall not incur a deficit in securing equipment which may be properly chargeable to the account in general, in the establishment and continuance of such productive work as such schools perform in connection with the board's educational program for such schools. Claims against the state on behalf of [said board] the Technical Education and Career System shall be paid by order of the Comptroller drawn against said account. The proceeds of all sales resulting from the productive work of the schools shall be paid into the State Treasury and credited to said account. Within ten months after the close of each fiscal period any balance, as of the close of such fiscal period, in excess of five
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hundred thousand dollars, as shown by the inventory of manufactured articles, material on hand or in process of being manufactured, bills receivable and cash balance, after deduction of obligations, in the industrial account shall revert to the General Fund. Sec. 291. Section 10-99h of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): [(a) For the fiscal years ending June 30, 2018, to June 30, 2022, inclusive, the superintendent of the Technical Education and Career System shall create and maintain a list that includes an inventory of all technical and vocational equipment, supplies and materials purchased or obtained and used in the provision of career technical education in each technical education and career school and across the Technical Education and Career System. The board shall consult such list (1) during the preparation of the budget for the Technical Education and Career System, pursuant to section 10-99g, (2) prior to purchasing or obtaining any new equipment, supplies or materials, and (3) for the purpose of sharing equipment, supplies and materials among technical education and career schools.] [(b) For the fiscal year ending June 30, 2023, and each fiscal year thereafter, the] The executive director of the Technical Education and Career System shall create and maintain a list that includes an inventory of all technical and vocational equipment, supplies and materials purchased or obtained and used in the provision of career technical education in each technical education and career school and across the Technical Education and Career System. The executive director shall consult such list (1) during the preparation of the budget for the Technical Education and Career System, pursuant to section 10-99g, (2) prior to purchasing or obtaining any new equipment, supplies or materials, and (3) for the purpose of sharing equipment, supplies and materials among technical education and career schools.
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Sec. 292. Subdivision (14) of section 10-183b of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (14) "Employer" means an elected school committee, a board of education, the State Board of Education, the Technical Education and Career System, the Office of Early Childhood, the Board of Regents for Higher Education or any of the constituent units, the governing body of the Children's Center and its successors, the E. O. Smith School and any other activity, institution or school employing members. Sec. 293. Subdivision (20) of section 10-183b of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (20) "Public school" means any day school conducted within or without this state under the orders and superintendence of a duly elected school committee, a board of education, the State Board of Education, the Technical Education and Career System, the Office of Early Childhood, the board of governors or any of its constituent units, the E. O. Smith School, the Children's Center and its successors, the State Education Resource Center established pursuant to section 10-4q of the 2014 supplement to the general statutes, revision of 1958, revised to January 1, 2013, the State Education Resource Center established pursuant to section 10-357a, joint activities of boards of education authorized by subsection (b) of section 10-158a and any institution supported by the state at which teachers are employed or any incorporated secondary school not under the orders and superintendence of a duly elected school committee or board of education but located in a town not maintaining a high school and providing free tuition to pupils of the town in which it is located, and which has been approved by the State Board of Education under the provisions of part II of chapter 164, provided that such institution or such secondary school is classified as a public school by the retirement
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board. Sec. 294. Subdivision (26) of section 10-183b of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (26) "Teacher" means (A) any teacher, permanent substitute teacher, principal, assistant principal, supervisor, assistant superintendent or superintendent employed by the public schools in a professional capacity while possessing a certificate or permit issued by the State Board of Education, provided on and after July 1, 1975, such certificate shall be for the position in which the person is then employed, except as provided for in section 10-183qq, (B) certified personnel who provide health and welfare services for children in nonprofit schools, as provided in section 10-217a, under an oral or written agreement, (C) any person who is engaged in teaching or supervising schools for adults if the annual salary paid for such service is equal to or greater than the minimum salary paid for a regular, full-time teaching position in the day schools in the town where such service is rendered, (D) a member of the professional staff of the State Board of Education, the Technical Education and Career System, the Office of Early Childhood, or of the Board of Regents for Higher Education or any of the constituent units, and (E) a member of the staff of the State Education Resource Center established pursuant to section 10-4q of the 2014 supplement to the general statutes, revision of 1958, revised to January 1, 2013, or the State Education Resource Center established pursuant to section 10-357a, employed in a professional capacity while possessing a certificate or permit issued by the State Board of Education. A "permanent substitute teacher" is one who serves as such for at least ten months during any school year. Sec. 295. Subsection (a) of section 10-183n of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022):
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(a) Each employer shall: (1) Before employing a teacher notify such teacher of the provisions of this chapter applicable to such teacher; (2) distribute, post or otherwise disseminate in a timely manner, to teachers in its employ, any notices, bulletins, newsletters, annual statements of account and other information supplied by the board for the purpose of properly notifying teachers of their rights and obligations under the system; (3) furnish to the board at times designated by said board such reports and information as the board deems necessary or desirable for the proper administration of the system; and (4) deduct each month seven and one-fourth per cent of one-tenth of such teacher's annual salary rate as directed by said board and any additional voluntary deductions as authorized by such teacher, except that no deductions shall be made from any amounts received by regularly employed teachers for special teaching assignments rendered for the State Board of Education, the Technical Education and Career System or the Board of Regents for Higher Education unless the salary for such special teaching assignment is equal to or greater than the minimum salary paid for such teacher's regular teaching assignment. Sec. 296. Section 5-177 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): Any person in the unclassified service employed full time by the Board of Trustees of The University of Connecticut, the State Board of Education, the Technical Education and Career System, the Department of Rehabilitative Services, the Connecticut Agricultural Experiment Station, the American School for the Deaf, the Connecticut Institute for the Blind, the Newington Children's Hospital, the Board of Trustees of the Connecticut State University System or the Board of Trustees of the Community-Technical Colleges, as a teacher or administrator in a position directly involved in educational activities in any state-operated institution or the Board of Regents for Higher Education, who served prior to such person's employment by the state in a full-time teaching,
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administrative or research position in an educational institution in or under the authority of a state department of education or a department of education for the blind in the United States approved by the Retirement Commission, or who was employed by such institution but served all or part of such service time in a foreign country, for which service such person has received or will receive no retirement benefit or pension, may gain credit for such prior service, not to exceed ten years in the aggregate, by making retirement contributions for each year of such prior service equal to six per cent of such person's annual rate of compensation when such person first became a full-time employee of this state; provided such payment shall be made within one year of such person's first full-time employment with the state, or before July 1, 1968, whichever is later, but for the Board of Higher Education and Technical Colleges, July 1, 1974. When a person who has gained credit for such prior service retires, not more than one year of such service may be counted for each two years of state service; provided, if such person has purchased more of such service than can be counted, refund on the amount paid on the extra years of service shall be made. Sec. 297. Subdivision (12) of section 5-198 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (12) All members of the professional and technical staffs of the constituent units of the state system of higher education, as defined in section 10a-1, of all other state institutions of learning, of the Board of Regents for Higher Education, and of the agricultural experiment station at New Haven, professional and managerial employees of the Department of Education and the Office of Early Childhood, teachers and administrators employed by the Technical Education and Career System and teachers certified by the State Board of Education and employed in teaching positions at state institutions; Sec. 298. Subsection (a) of section 5-242 of the general statutes is
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repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) Any board of trustees of a state institution and any state agency other than the State Board of Education, the Technical Education and Career System or the Board of Governors of Higher Education or its constituent units, hereinafter referred to as the "employer", may authorize the superintendent or supervising agent to employ personnel for unclassified positions requiring a certificate under section 10-145 below the rank of superintendent. Any superintendent or supervising agent not authorized to employ such persons shall submit to such employer nominations for such positions under his jurisdiction and, from the persons so nominated, such employer may employ persons to fill such positions. Such employer shall accept or reject such nominations within one month from their submission. If such nominations are rejected, the superintendent or supervising agent shall submit to such employer other nominations, and such employer may employ persons from among those nominated to fill such positions and shall accept or reject such nominations within one month from their submission. The contract of employment of such unclassified personnel below the rank of superintendent shall be in writing and may be terminated at any time for any of the reasons enumerated in subdivisions (1) to (6), inclusive, of subsection (b) of this section, but otherwise it shall be renewed for a second, third or fourth year unless such employee has been notified in writing prior to March first in one school year that such contract will not be renewed for the following year, provided, upon the employee's written request, such notice shall be supplemented within five days after receipt of such request by a statement of the reason or reasons for such failure to renew. Such employee may, upon written request filed with the employer within ten days after the receipt of such notice, be entitled to a hearing before the board to be held within fifteen days of such request. The employee shall have the right to appear with counsel of his choice at such hearing.
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Sec. 299. Subdivision (4) of subsection (a) of section 10-264i of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): (4) In addition to the grants otherwise provided pursuant to this section, the Commissioner of Education may provide supplemental transportation grants to regional educational service centers for the purposes of transportation to interdistrict magnet schools. Any such grant shall be provided within available appropriations and after the commissioner has reviewed and approved the total interdistrict magnet school transportation budget for a regional educational service center, including all revenue and expenditure estimates. For the fiscal years ending June 30, 2013, to June 30, 2018, inclusive, in addition to the grants otherwise provided pursuant to this section, the Commissioner of Education may provide supplemental transportation to interdistrict magnet schools that assist the state in meeting its obligations pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, as determined by the commissioner. Any such grant shall be provided within available appropriations and upon a comprehensive financial review, by an auditor selected by the Commissioner of Education, the costs of such review may be paid from funds that are part of the supplemental transportation grant. Any such grant shall be paid as follows: For the fiscal year ending June 30, 2021, [and each fiscal year thereafter,] up to seventy per cent of the grant on or before June thirtieth of the fiscal year, and the balance on or before September first of the following fiscal year upon completion of the comprehensive financial review, provided any unpaid balance of eligible transportation costs incurred on or before December thirty-first of the fiscal year based on documentation, including, but not limited to, vendor bills dated on or before February first of the fiscal year, and any unpaid balance of eligible transportation costs incurred on or before March thirty-first of the fiscal year based on documentation, including, but not limited to, vendor bills on or before May first of the fiscal year,
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and the balance of the grant on or before September first of the following fiscal year upon completion of the comprehensive financial review. For the fiscal year ending June 30, 2022, up to one hundred per cent of the grant on or before June thirtieth of the fiscal year and any remaining balance on or before September first of the following fiscal year upon completion of the comprehensive financial review. If, upon completion of the comprehensive financial review, the commissioner determines that there was an overpayment of the grant in the prior fiscal year, such funds shall be refunded to the department. For the fiscal year ending June 30, 2023, and each fiscal year thereafter, up to ninety-five per cent of the grant on or before June thirtieth of the fiscal year based on documentation provided prior to May thirty-first of the fiscal year and the balance on or before September first of the following fiscal year upon completion of the comprehensive financial review. If, upon completion of the comprehensive financial review, the commissioner determines there was an overpayment of the grant in the prior fiscal year, such funds shall be refunded to the department. Sec. 300. (Effective July 1, 2022) On and after July 1, 2023, the State Board of Education shall permit the supervisory agent of a nonpublic school in the state to accept accreditation of its curriculum from Cognia. Sec. 301. (Effective from passage) The following sums are appropriated from the GENERAL FUND for the purposes herein specified for the fiscal year ending June 30, 2022:
GENERAL FUND 2021 - 2022
DEPARTMENT OF ADMINISTRATIVE SERVICES
Other Expenses 14,500,000
DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION
Other Expenses 268,508
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Emergency Spill Response 1,250,000
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
Other Expenses 1,200,000
Manufacturing Growth Initiative 19,376
OFFICE OF THE CHIEF MEDICAL EXAMINER
Personal Services 171,000
Other Expenses 130,000
OFFICE OF HIGHER EDUCATION
Other Expenses 160,000
UNIVERSITY OF CONNECTICUT
Operating Expenses 25,050,000
UNIVERSITY OF CONNECTICUT HEALTH CENTER
Operating Expenses 24,000,000
CONNECTICUT STATE COLLEGES AND UNIVERSITIES
Charter Oak State College 517,000
Community Tech College System 7,725,000
Connecticut State University 13,358,000
OFFICE OF POLICY AND MANAGEMENT
Reserve for Salary Adjustments 224,100,000
TOTAL – GENERAL FUND 312,448,884
Sec. 302. (Effective from passage) The amounts appropriated to the following agencies in section 1 of special act 21-15, are reduced by the following amounts for the fiscal year ending June 30, 2022:
GENERAL FUND 2021 - 2022
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LEGISLATIVE MANAGEMENT
Personal Services 4,000,000
DEPARTMENT OF SOCIAL SERVICES
Medicaid 143,448,884
TEACHERS' RETIREMENT BOARD
Retirees Health Service Cost 7,000,000
DEPARTMENT OF CORRECTION
Personal Services 69,000,000
DEPARTMENT OF CHILDREN AND FAMILIES
Personal Services 6,000,000
Board and Care for Children – Foster 20,000,000
Board and Care for Children – Short-term and Residential 6,000,000
STATE TREASURER
Debt Service 22,000,000
STATE COMPTROLLER
Unemployment Compensation 5,000,000
Employees Social Security Tax 5,000,000
State Employees Health Service Cost 25,000,000
TOTAL – GENERAL FUND 312,448,884
Sec. 303. (Effective from passage) The following sums are appropriated from the SPECIAL TRANSPORTATION FUND for the purposes herein specified for the fiscal year ending June 30, 2022:
SPECIAL TRANSPORTATION FUND 2021 - 2022
DEPARTMENT OF ADMINISTRATIVE SERVICES
State Insurance and Risk Mgmt Operations 1,000,000
TOTAL – SPECIAL TRANSPORTATION FUND 1,000,000
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Sec. 304. (Effective from passage) The amount appropriated to the following agency in section 2 of special act 21-15, is reduced by the following amount for the fiscal year ending June 30, 2022:
SPECIAL TRANSPORTATION FUND 2021 - 2022
DEPARTMENT OF TRANSPORTATION
Personal Services 1,000,000
TOTAL – SPECIAL TRANSPORTATION FUND 1,000,000
Sec. 305. (Effective from passage) Notwithstanding any provision of the general statutes, any amount appropriated in section 301 of this act shall not be eligible for fringe benefit recovery by The University of Connecticut, The University of Connecticut Health Center, or Connecticut State Colleges and Universities, from the Comptroller's General Fund fringe benefit accounts. Sec. 306. (Effective July 1, 2022) The State Bond Commission shall have power, in accordance with the provisions of this section and sections 307 to 312, inclusive, of this act, from time to time to authorize the issuance of bonds of the state in one or more series and in principal amounts in the aggregate not exceeding $125,800,000. Sec. 307. (Effective July 1, 2022) The proceeds of the sale of bonds described in sections 306 to 312, inclusive, of this act, to the extent hereinafter stated, shall be used for the purpose of acquiring, by purchase or condemnation, undertaking, constructing, reconstructing, improving or equipping, or purchasing land or buildings or improving sites for the projects hereinafter described, including payment of architectural, engineering, demolition or related costs in connection therewith, or of payment of the cost of long-range capital programming and space utilization studies as hereinafter stated:
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(a) For the Office of Legislative Management: Alterations, renovations, improvements and technology upgrades at the State Capitol Complex, not exceeding $2,000,000. (b) For the Office of Policy and Management: State matching funds for projects and programs allowed under the Infrastructure Investment and Jobs Act, not exceeding $75,000,000. (c) For the Connecticut Agricultural Experiment Station: (1) Renovations and improvements to greenhouses at the Jenkins Laboratory, not exceeding $800,000; (2) Construction and equipment for additions and renovations to the Valley Laboratory in Windsor, not exceeding $8,000,000. (d) For The University of Connecticut Health Center: Deferred maintenance, code compliance and infrastructure improvements, not exceeding $40,000,000. Sec. 308. (Effective July 1, 2022) All provisions of section 3-20 of the general statutes or the exercise of any right or power granted thereby which are not inconsistent with the provisions of sections 306 to 312, inclusive, of this act are hereby adopted and shall apply to all bonds authorized by the State Bond Commission pursuant to sections 306 to 312, inclusive, of this act, and temporary notes issued in anticipation of the money to be derived from the sale of any such bonds so authorized may be issued in accordance with said section 3-20 and from time to time renewed. Such bonds shall mature at such time or times not exceeding twenty years from their respective dates as may be provided in or pursuant to the resolution or resolutions of the State Bond Commission authorizing such bonds. Sec. 309. (Effective July 1, 2022) None of the bonds described in sections 306 to 312, inclusive, of this act, shall be authorized except upon
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a finding by the State Bond Commission that there has been filed with it a request for such authorization, which is signed by the Secretary of the Office of Policy and Management or by or on behalf of such state officer, department or agency and stating such terms and conditions as said commission, in its discretion, may require. Sec. 310. (Effective July 1, 2022) For the purposes of sections 306 to 312, inclusive, of this act, "state moneys" means the proceeds of the sale of bonds authorized pursuant to said sections 306 to 312, inclusive, or of temporary notes issued in anticipation of the moneys to be derived from the sale of such bonds. Each request filed as provided in section 309 of this act for an authorization of bonds shall identify the project for which the proceeds of the sale of such bonds are to be used and expended and, in addition to any terms and conditions required pursuant to said section 309, shall include the recommendation of the person signing such request as to the extent to which federal, private or other moneys then available or thereafter to be made available for costs in connection with any such project should be added to the state moneys available or becoming available hereunder for such project. If the request includes a recommendation that some amount of such federal, private or other moneys should be added to such state moneys, then, if and to the extent directed by the State Bond Commission at the time of authorization of such bonds, such amount of such federal, private or other moneys then available, or thereafter to be made available for costs in connection with such project, may be added to any state moneys available or becoming available hereunder for such project and shall be used for such project. Any other federal, private or other moneys then available or thereafter to be made available for costs in connection with such project shall, upon receipt, be used by the State Treasurer, in conformity with applicable federal and state law, to meet the principal of outstanding bonds issued pursuant to sections 306 to 312, inclusive, of this act, or to meet the principal of temporary notes issued in anticipation of the money to be derived from the sale of bonds theretofore authorized
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pursuant to said sections 306 to 312, inclusive, for the purpose of financing such costs, either by purchase or redemption and cancellation of such bonds or notes or by payment thereof at maturity. Whenever any of the federal, private or other moneys so received with respect to such project are used to meet the principal of such temporary notes or whenever principal of any such temporary notes is retired by application of revenue receipts of the state, the amount of bonds theretofore authorized in anticipation of which such temporary notes were issued, and the aggregate amount of bonds which may be authorized pursuant to section 306 of this act, shall each be reduced by the amount of the principal so met or retired. Pending use of the federal, private or other moneys so received to meet principal as hereinabove directed, the amount thereof may be invested by the State Treasurer in bonds or obligations of, or guaranteed by, the state or the United States or agencies or instrumentalities of the United States, shall be deemed to be part of the debt retirement funds of the state, and net earnings on such investments shall be used in the same manner as the moneys so invested. Sec. 311. (Effective July 1, 2022) Any balance of proceeds of the sale of said bonds authorized for any project described in section 307 of this act in excess of the cost of such project may be used to complete any other project described in said section 307, if the State Bond Commission shall so determine and direct. Any balance of proceeds of the sale of said bonds in excess of the costs of all the projects described in said section 307 shall be deposited to the credit of the General Fund. Sec. 312. (Effective July 1, 2022) The bonds issued pursuant to this section and sections 306 to 311, inclusive, of this act, shall be general obligations of the state and the full faith and credit of the state of Connecticut are pledged for the payment of the principal of and interest on said bonds as the same become due, and accordingly and as part of the contract of the state with the holders of said bonds, appropriation of
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all amounts necessary for punctual payment of such principal and interest is hereby made, and the State Treasurer shall pay such principal and interest as the same become due. Sec. 313. (Effective July 1, 2022) The State Bond Commission shall have power, in accordance with the provisions of this section and sections 314 to 320, inclusive, of this act, from time to time to authorize the issuance of bonds of the state in one or more series and in principal amounts in the aggregate, not exceeding $131,100,000. Sec. 314. (Effective July 1, 2022) The proceeds of the sale of the bonds described in sections 313 to 320, inclusive, of this act shall be used for the purpose of providing grants-in-aid and other financing for the projects, programs and purposes hereinafter stated: (a) For the Office of Policy and Management: (1) Grants-in-aid for long-term acute care hospitals accredited by the Commission on Accreditation of Rehabilitation Facilities for electronic medical record systems, not exceeding $4,500,000; (2) Grants-in-aid to acute care hospitals licensed under chapter 368v of the general statutes for construction of facilities for adult, inpatient psychiatric beds, not exceeding $5,000,000. (b) For the Department of Emergency Services and Public Protection: Grant-in-aid to the North Branford Police Department, not exceeding $4,500,000. (c) For the Department of Agriculture: (1) Grants-in-aid for farmland restoration and climate resiliency, not exceeding $7,000,000; (2) Grants-in-aid to food resource organizations for capital improvements, not exceeding $10,000,000.
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(d) For the Department of Energy and Environmental Protection: (1) Grants-in-aid to provide matching funds necessary for municipalities, school districts and school bus operators to submit federal grant applications in order to maximize federal funding for the purchase or lease of zero-emission school buses and electric vehicle charging or fueling infrastructure, not exceeding $20,000,000; (2) Grants-in-aid for landfills, including the Hartford landfill, not exceeding $5,000,000. (e) For the Department of Economic and Community Development: Grants-in-aid to nonprofit organizations sponsoring cultural and historic sites, including the Naugatuck Railroad for the design and construction of a handicap-accessible platform at the Waterbury stop of the Naugatuck rail line, not exceeding $100,000. (f) For the Department of Education: Grants-in-aid to regional educational service centers for capital expenses at interdistrict magnet schools, not exceeding $20,000,000, provided not more than $10,000,000 shall be used for grants-in-aid to the Capital Region Education Council. (g) For the Office of Early Childhood: Grants-in-aid for constructing, improving or equipping child care centers, including, but not limited to, payment of associated costs for architectural, engineering or demolition services related to infant and toddler pilot program, not exceeding $5,000,000. (h) For the Capital Region Development Authority: Grants-in-aid for the purpose of encouraging development as provided in section 32-602 of the general statutes, not exceeding $50,000,000. Sec. 315. (Effective July 1, 2022) All provisions of section 3-20 of the general statutes or the exercise of any right or power granted thereby which are not inconsistent with the provisions of sections 313 to 320,
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inclusive, of this act are hereby adopted and shall apply to all bonds authorized by the State Bond Commission pursuant to sections 313 to 320, inclusive, of this act, and temporary notes issued in anticipation of the money to be derived from the sale of any such bonds so authorized may be issued in accordance with said sections 313 to 320, inclusive, and from time to time renewed. Such bonds shall mature at such time or times not exceeding twenty years from their respective dates as may be provided in or pursuant to the resolution or resolutions of the State Bond Commission authorizing such bonds. Sec. 316. (Effective July 1, 2022) None of the bonds described in sections 313 to 320, inclusive, of this act shall be authorized except upon a finding by the State Bond Commission that there has been filed with it a request for such authorization, which is signed by the Secretary of the Office of Policy and Management or by or on behalf of such state officer, department or agency and stating such terms and conditions as said commission, in its discretion, may require. Sec. 317. (Effective July 1, 2022) For the purposes of sections 313 to 320, inclusive, of this act, "state moneys" means the proceeds of the sale of bonds authorized pursuant to said sections 313 to 320, inclusive, or of temporary notes issued in anticipation of the moneys to be derived from the sale of such bonds. Each request filed as provided in section 316 of this act for an authorization of bonds shall identify the project for which the proceeds of the sale of such bonds are to be used and expended and, in addition to any terms and conditions required pursuant to said section 316, include the recommendation of the person signing such request as to the extent to which federal, private or other moneys then available or thereafter to be made available for costs in connection with any such project should be added to the state moneys available or becoming available under said sections 313 to 320, inclusive, for such project. If the request includes a recommendation that some amount of such federal, private or other moneys should be added to such state
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moneys, then, if and to the extent directed by the State Bond Commission at the time of authorization of such bonds, such amount of such federal, private or other moneys then available or thereafter to be made available for costs in connection with such project may be added to any state moneys available or becoming available hereunder for such project and be used for such project. Any other federal, private or other moneys then available or thereafter to be made available for costs in connection with such project upon receipt shall, in conformity with applicable federal and state law, be used by the State Treasurer to meet the principal of outstanding bonds issued pursuant to said sections 313 to 320, inclusive, or to meet the principal of temporary notes issued in anticipation of the money to be derived from the sale of bonds theretofore authorized pursuant to said sections 313 to 320, inclusive, for the purpose of financing such costs, either by purchase or redemption and cancellation of such bonds or notes or by payment thereof at maturity. Whenever any of the federal, private or other moneys so received with respect to such project are used to meet the principal of such temporary notes or whenever the principal of any such temporary notes is retired by application of revenue receipts of the state, the amount of bonds theretofore authorized in anticipation of which such temporary notes were issued, and the aggregate amount of bonds which may be authorized pursuant to section 313 of this act shall each be reduced by the amount of the principal so met or retired. Pending use of the federal, private or other moneys so received to meet the principal as directed in this section, the amount thereof may be invested by the State Treasurer in bonds or obligations of, or guaranteed by, the state or the United States or agencies or instrumentalities of the United States, shall be deemed to be part of the debt retirement funds of the state, and net earnings on such investments shall be used in the same manner as the moneys so invested. Sec. 318. (Effective July 1, 2022) The bonds issued pursuant to sections 313 to 320, inclusive, of this act shall be general obligations of the state
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and the full faith and credit of the state of Connecticut are pledged for the payment of the principal of and interest on said bonds as the same become due, and accordingly and as part of the contract of the state with the holders of said bonds, appropriation of all amounts necessary for punctual payment of such principal and interest is hereby made, and the State Treasurer shall pay such principal and interest as the same become due. Sec. 319. (Effective July 1, 2022) In accordance with section 314 of this act, the state, through the state agencies specified in said section 314, may provide grants-in-aid and other financings to or for the agencies for the purposes and projects as described in said section 314. All financing shall be made in accordance with the terms of a contract at such time or times as shall be determined within authorization of funds by the State Bond Commission. Sec. 320. (Effective July 1, 2022) In the case of any grant-in-aid made pursuant to subsection (a), (c), (d), (e), (f), (g) or (h) of section 314 of this act that is made to any entity which is not a political subdivision of the state, the contract entered into pursuant to section 314 of this act shall provide that if the premises for which such grant-in-aid was made ceases, within ten years of the date of such grant, to be used as a facility for which such grant was made, an amount equal to the amount of such grant, minus ten per cent per year for each full year which has elapsed since the date of such grant, shall be repaid to the state and that a lien shall be placed on such land in favor of the state to ensure that such amount shall be repaid in the event of such change in use, provided if the premises for which such grant-in-aid was made are owned by the state, a municipality or a housing authority, no lien need be placed. Sec. 321. (Effective July 1, 2022) The State Bond Commission shall have power, in accordance with the provisions of this section and sections 322 to 326, inclusive, of this act, from time to time to authorize the issuance of special tax obligation bonds of the state in one or more series and in
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principal amounts in the aggregate, not exceeding $20,000,000. Sec. 322. (Effective July 1, 2022) The proceeds of the sale of bonds described in sections 321 to 326, inclusive, of this act, to the extent hereinafter stated, shall be used for the purpose of payment of the transportation costs, as defined in subdivision (6) of section 13b-75 of the general statutes, with respect to the projects and uses hereinafter described, which projects and uses are hereby found and determined to be in furtherance of one or more of the authorized purposes for the issuance of special tax obligation bonds set forth in section 13b-74 of the general statutes. For the Department of Transportation: For the purchase and installation of advanced wrong-way driving technology, not exceeding $20,000,000. Sec. 323. (Effective July 1, 2022) None of the bonds described in sections 321 to 326, inclusive, of this act shall be authorized except upon a finding by the State Bond Commission that there has been filed with it (1) a request for such authorization, which is signed by the Secretary of the Office of Policy and Management or by or on behalf of such state officer, department or agency and stating such terms and conditions as said commission, in its discretion, may require, and (2) any capital development impact statement and any human services facility colocation statement required to be filed with the Secretary of the Office of Policy and Management pursuant to section 4b-31 of the general statutes, any advisory report regarding the state conservation and development policies plan required pursuant to section 16a-31 of the general statutes and any statement regarding farmland required pursuant to subsection (g) of section 3-20 of the general statutes and section 22-6 of the general statutes, provided the State Bond Commission may authorize said bonds without a finding that the reports and statements required by subdivision (2) of this section have been filed with it if said commission authorizes the secretary of said commission to accept such reports and statements on its behalf. No
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funds derived from the sale of bonds authorized by said commission without a finding that the reports and statements required by subdivision (2) of this section have been filed with it shall be allotted by the Governor for any project until the reports and statements required by subdivision (2) of this section, with respect to such project, have been filed with the secretary of said commission. Sec. 324. (Effective July 1, 2022) For the purposes of sections 321 to 326, inclusive, of this act, each request filed, as provided in section 323 of this act, for an authorization of bonds shall identify the project for which the proceeds of the sale of such bonds are to be used and expended and, in addition to any terms and conditions required pursuant to said section 323, include the recommendation of the person signing such request as to the extent to which federal, private or other moneys then available or thereafter to be made available for costs in connection with any such project should be added to the state moneys available or becoming available from the proceeds of bonds and temporary notes issued in anticipation of the receipt of the proceeds of bonds. If the request includes a recommendation that some amount of such federal, private or other moneys should be added to such state moneys, then, if and to the extent directed by the State Bond Commission at the time of authorization of such bonds, such amount of such federal, private or other moneys then available or thereafter to be made available for costs in connection with such project shall be added to such state moneys. Sec. 325. (Effective July 1, 2022) Any balance of proceeds of the sale of the bonds authorized for the projects or purposes of section 322 of this act, in excess of the aggregate costs of all the projects so authorized, shall be used in the manner set forth in sections 13b-74 to 13b-77, inclusive, of the general statutes, and in the proceedings of the State Bond Commission respecting the issuance and sale of said bonds. Sec. 326. (Effective July 1, 2022) Bonds issued pursuant to this section and sections 321 to 325, inclusive, of this act, shall be special obligations
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of the state and shall not be payable from or charged upon any funds other than revenues of the state pledged therefor in subsection (b) of section 13b-61 of the general statutes and section 13b-61a of the general statutes, or such other receipts, funds or moneys as may be pledged therefor. Said bonds shall not be payable from or charged upon any funds other than such pledged revenues or such other receipts, funds or moneys as may be pledged therefor, nor shall the state or any political subdivision thereof be subject to any liability thereon, except to the extent of such pledged revenues or such other receipts, funds or moneys as may be pledged therefor. Said bonds shall be issued under and in accordance with the provisions of sections 13b-74 to 13b-77, inclusive, of the general statutes. Sec. 327. Section 3-36a of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): As used in this section and sections 3-36b to 3-36h, inclusive: (1) "Designated beneficiary" means an individual born on or after July 1, [2021] 2023, whose birth was subject to medical coverage provided under HUSKY Health, as defined in section 17b-290; (2) "Eligible expenditure" means an expenditure associated with any of the following, each as prescribed by the Treasurer: (A) Education of a designated beneficiary; (B) purchase of a home in Connecticut by a designated beneficiary; (C) investment in a business in Connecticut by a designated beneficiary; or (D) any investment in financial assets or personal capital that provides long-term gains to wages or wealth; and (3) "Trust" means the Connecticut Baby Bond Trust. Sec. 328. Subsection (a) of section 3-36b of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
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(a) [There] Commencing July 1, 2023, there is established the Connecticut Baby Bond Trust. The trust shall constitute an instrumentality of the state and shall perform essential governmental functions as provided in sections 3-36a to 3-36h, inclusive. The trust shall receive and hold all payments and deposits or contributions intended for the trust, as well as gifts, bequests, endowments or federal, state or local grants and any other funds from any public or private source and all earnings until disbursed in accordance with section 3-36g. Sec. 329. Subsections (a) and (b) of section 3-36i of the 2022 supplement to the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage): (a) The State Bond Commission may authorize the issuance of bonds of the state, in accordance with the provisions of section 3-20, in principal amounts not exceeding in the aggregate six hundred million dollars. The proceeds of the sale of bonds described in this section shall be used for the purpose of funding the transfers provided for under section 3-36h. The amount authorized for the issuance and sale of such bonds in each of the following fiscal years shall not exceed the following corresponding amount for each such fiscal year, except that, to the extent the State Bond Commission does not provide for the use of all or a portion of such amount in any such fiscal year, such amount not provided for shall be carried forward and added to the authorized amount for the next two succeeding fiscal years, and provided further, the costs of issuance and capitalized interest, if any, may be added to the capped amount in each fiscal year, and each of the authorized amounts shall be effective on July first of the fiscal year indicated as follows:
Fiscal Year Ending Amount
June Thirtieth
[2023 $50,000,000
2024 $50,000,000]
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2025 $50,000,000
2026 $50,000,000
2027 $50,000,000
2028 $50,000,000
2029 $50,000,000
2030 $50,000,000
2031 $50,000,000
2032 $50,000,000
2033 $50,000,000
2034 $50,000,000
2035 $50,000,000
2036 $50,000,000
(b) On or before the first day of September in each year, commencing September 1, [2022] 2024, the Department of Social Services shall inform the Treasurer of the number of designated beneficiaries born in the prior fiscal year. Promptly thereafter, the Treasurer shall submit to the Governor and the Secretary of the Office of Policy and Management, by certified mail, a report of and a calculation of the total amount required to deposit to the trust for crediting three thousand two hundred dollars for the account of each such designated beneficiary born in the prior fiscal year as described in section 3-36g. Sec. 330. Subsections (a) and (b) of section 4-66c of the 2022 supplement to the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) For the purposes of subsection (b) of this section, the State Bond Commission shall have power, from time to time to authorize the issuance of bonds of the state in one or more series and in principal amounts not exceeding in the aggregate [two billion two hundred
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twenty-four million four hundred eighty-seven thousand five hundred forty-four dollars, provided forty million dollars of said authorization shall be effective July 1, 2022] two billion three hundred forty-four million four hundred eighty-seven thousand five hundred forty-four dollars. All provisions of section 3-20, or the exercise of any right or power granted thereby, which are not inconsistent with the provisions of this section, are hereby adopted and shall apply to all bonds authorized by the State Bond Commission pursuant to this section, and temporary notes in anticipation of the money to be derived from the sale of any such bonds so authorized may be issued in accordance with said section 3-20 and from time to time renewed. Such bonds shall mature at such time or times not exceeding twenty years from their respective dates as may be provided in or pursuant to the resolution or resolutions of the State Bond Commission authorizing such bonds. None of said bonds shall be authorized except upon a finding by the State Bond Commission that there has been filed with it a request for such authorization, which is signed by or on behalf of the Secretary of the Office of Policy and Management and states such terms and conditions as said commission in its discretion may require. Said bonds issued pursuant to this section shall be general obligations of the state and the full faith and credit of the state of Connecticut are pledged for the payment of the principal of and interest on said bonds as the same become due, and accordingly as part of the contract of the state with the holders of said bonds, appropriation of all amounts necessary for punctual payment of such principal and interest is hereby made, and the Treasurer shall pay such principal and interest as the same become due. (b) (1) The proceeds of the sale of said bonds, to the extent hereinafter stated, shall be used, subject to the provisions of subsections (c) and (d) of this section, for the purpose of redirecting, improving and expanding state activities which promote community conservation and development and improve the quality of life for urban residents of the
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state as hereinafter stated: (A) For the Department of Economic and Community Development: Economic and community development projects, including administrative costs incurred by the Department of Economic and Community Development, not exceeding sixty-seven million five hundred ninety-one thousand six hundred forty-two dollars, one million dollars of which shall be used for a grant to the development center program and the nonprofit business consortium deployment center approved pursuant to section 32-411; (B) for the Department of Transportation: Urban mass transit, not exceeding two million dollars; (C) for the Department of Energy and Environmental Protection: Recreation development and solid waste disposal projects, not exceeding one million nine hundred ninety-five thousand nine hundred two dollars; (D) for the Department of Social Services: Child day care projects, elderly centers, shelter facilities for victims of domestic violence, emergency shelters and related facilities for the homeless, multipurpose human resource centers and food distribution facilities, not exceeding thirty-nine million one hundred thousand dollars, provided four million dollars of said authorization shall be effective July 1, 1994; (E) for the Department of Economic and Community Development: Housing projects, not exceeding three million dollars; (F) for the Department of Housing: Homeownership initiative in collaboration with one or more local community development financial institutions in qualified census tracts for the purpose of construction or redevelopment, performed by developers or nonprofit organizations residing in that municipality, which leads to new homeownership opportunities for residents of such qualified census tracts, not exceeding twenty million dollars; (G) for the Office of Policy and Management: (i) Grants-in-aid to municipalities for a pilot demonstration program to leverage private contributions for redevelopment of designated historic preservation areas, not exceeding one million dollars; (ii) grants-in-aid for urban development projects including economic and community development, transportation, environmental protection, public safety, children and families and social
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services projects and programs, including, in the case of economic and community development projects administered on behalf of the Office of Policy and Management by the Department of Economic and Community Development, administrative costs incurred by the Department of Economic and Community Development, not exceeding [two billion one hundred nine million eight hundred thousand dollars, provided forty million dollars of said authorization shall be effective July 1, 2022] two billion two hundred twenty-nine million eight hundred thousand dollars. For purposes of this subdivision, "local community development financial institution" means an entity that meets the requirements of 12 CFR 1805.201, and "qualified census track" means a census tract designated as a qualified census tract by the Secretary of Housing and Urban Development in accordance with 26 USC 42(d)(5)(B)(ii), as amended from time to time. (2) (A) Five million dollars of the grants-in-aid authorized in subparagraph [(F)(ii)] (G)(ii) of subdivision (1) of this subsection may be made available to private nonprofit organizations for the purposes described in said subparagraph [(F)(ii)] (G)(ii). (B) Twelve million dollars of the grants-in-aid authorized in subparagraph [(F)(ii)] (G)(ii) of subdivision (1) of this subsection may be made available for necessary renovations and improvements of libraries. (C) Five million dollars of the grants-in-aid authorized in subparagraph [(F)(ii)] (G)(ii) of subdivision (1) of this subsection shall be made available for small business gap financing. (D) Ten million dollars of the grants-in-aid authorized in subparagraph [(F)(ii)] (G)(ii) of subdivision (1) of this subsection may be made available for regional economic development revolving loan funds. (E) One million four hundred thousand dollars of the grants-in-aid authorized in subparagraph [(F)(ii)] (G)(ii) of subdivision (1) of this subsection shall be made available for rehabilitation and renovation of the Black Rock Library in Bridgeport. (F) Two million five hundred thousand dollars of the grants-in-aid authorized in subparagraph [(F)(ii)] (G)(ii) of subdivision (1) of this
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subsection shall be made available for site acquisition, renovation and rehabilitation for the Institute for the Hispanic Family in Hartford. (G) Three million dollars of the grants-in-aid authorized in subparagraph [(F)(ii)] (G)(ii) of subdivision (1) of this subsection shall be made available for the acquisition of land and the development of commercial or retail property in New Haven. (H) Seven hundred fifty thousand dollars of the grants-in-aid authorized in subparagraph [(F)(ii)] (G)(ii) of subdivision (1) of this subsection shall be made available for repairs and replacement of the fishing pier at Cummings Park in Stamford. (I) Ten million dollars of the grants-in-aid authorized in subparagraph [(F)(ii)] (G)(ii) of subdivision (1) of this subsection shall be made available for development of an intermodal transportation facility in northeastern Connecticut. Sec. 331. Subsection (a) of section 4a-10 of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) For the purposes described in subsection (b) of this section, the State Bond Commission shall have the power, from time to time to authorize the issuance of bonds of the state in one or more series and in principal amounts not exceeding in the aggregate [five hundred forty- six million one hundred thousand dollars, provided ten million dollars of said authorization shall be effective July 1, 2022] five hundred sixty- one million one hundred thousand dollars. Sec. 332. Subsection (c) of section 7-277c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (c) The Office of Policy and Management shall distribute grants-in- aid pursuant to this section during the fiscal years ending June 30, 2021, [and] June 30, 2022, and June 30, 2023. Any such grant-in-aid shall be for up to fifty per cent of the cost of such purchase of body-worn recording
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equipment, digital data storage devices or services or dashboard cameras with a remote recorder if the municipality is a distressed municipality, as defined in section 32-9p, or up to thirty per cent of the cost of such purchase if the municipality is not a distressed municipality, provided the costs of such digital data storage services covered by a grant-in-aid shall not be for a period of service that is longer than one year. Sec. 333. Subsection (b) of section 8-37mm of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (b) The proceeds of the sale of said bonds, to the extent of the amount stated in subsection (a) of this section shall be used by the Department of Housing for the purposes of a homelessness prevention and response fund to provide [forgivable loans or] grants to [(1) landlords to renovate multifamily homes, including performing building code compliance work and other major improvements, in exchange for the landlord's participation in a rapid rehousing program. A landlord's participation in such program would include, but not be limited to, waiving security deposits and abatement of rent for a designated period; and (2) landlords to renovate multifamily homes, including performing building code compliance work and other major improvements, fund ongoing maintenance and repair, or] capitalize operating and replacement reserves in [exchange for the abatement of rent by a landlord for scattered site] supportive housing units. Sec. 334. Section 10-287d of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): For the purposes of funding (1) grants to projects that have received approval of the Department of Administrative Services pursuant to sections 10-287 and 10-287a, subsection (a) of section 10-65 and section
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10-76e, (2) grants to assist school building projects to remedy safety and health violations and damage from fire and catastrophe, and (3) technical education and career school projects pursuant to section 10- 283b, the State Treasurer is authorized and directed, subject to and in accordance with the provisions of section 3-20, to issue bonds of the state from time to time in one or more series in an aggregate amount not exceeding [thirteen billion seven hundred twelve million one hundred sixty thousand dollars, provided five hundred fifty million dollars of said authorization shall be effective July 1, 2022] thirteen billion six hundred twelve million one hundred sixty thousand dollars. Bonds of each series shall bear such date or dates and mature at such time or times not exceeding thirty years from their respective dates and be subject to such redemption privileges, with or without premium, as may be fixed by the State Bond Commission. They shall be sold at not less than par and accrued interest and the full faith and credit of the state is pledged for the payment of the interest thereon and the principal thereof as the same shall become due, and accordingly and as part of the contract of the state with the holders of said bonds, appropriation of all amounts necessary for punctual payment of such principal and interest is hereby made, and the State Treasurer shall pay such principal and interest as the same become due. The State Treasurer is authorized to invest temporarily in direct obligations of the United States, United States agency obligations, certificates of deposit, commercial paper or bank acceptances such portion of the proceeds of such bonds or of any notes issued in anticipation thereof as may be deemed available for such purpose. Sec. 335. Subsection (a) of section 23-103 of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) For the purposes described in subsection (b) of this section, the State Bond Commission shall have the power, from time to time to
House Bill No. 5506
Public Act No. 22-118 468 of 739
authorize the issuance of bonds of the state in one or more series and in principal amounts not exceeding in the aggregate [nineteen million dollars, provided three million dollars of said authorization shall be effective July 1, 2022] twenty-two million dollars. Sec. 336. Section 8 of public act 14-98, as amended by section 189 of public act 16-4 of the May special session, section 517 of public act 17-2 of the June special session, section 28 of public act 18-178 and section 68 of public act 21-111, is amended to read as follows (Effective July 1, 2022): The State Bond Commission shall have power, in accordance with the provisions of this section and sections 9 to 15, inclusive, of public act 14- 98, from time to time to authorize the issuance of bonds of the state in one or more series and in principal amounts in the aggregate, not exceeding [$172,765,800] $183,465,800. Sec. 337. Subdivision (4) of subsection (e) of section 9 of public act 14- 98, as amended by section 69 of public act 21-111, is amended to read as follows (Effective July 1, 2022): (4) Grants-in-aid to nonprofit organizations sponsoring children's museums, aquariums and science-related programs, not exceeding [$27,100,000] $37,800,000, provided not more than [$10,500,000] $21,200,000 shall be used as a grant-in-aid to the Connecticut Science Center, not more than $6,600,000 shall be used as a grant-in-aid to the Maritime Aquarium in Norwalk and not more than $10,000,000 shall be used as a grant-in-aid to the Children's Museum in West Hartford; Sec. 338. Subdivision (4) of subsection (n) of section 2 of public act 15- 1 of the June special session is amended to read as follows (Effective July 1, 2022): (4) [At Norwalk Community College: Implementation of phase III of the master plan] At Gateway Community College: For acquisition, design and construction of facilities for workforce development
House Bill No. 5506
Public Act No. 22-118 469 of 739
programs, including such programs for the transportation, alternative energy, advanced manufacturing and health sectors, not exceeding $28,800,000; Sec. 339. Section 1 of public act 20-1 is amended to read as follows (Effective July 1, 2022): The State Bond Commission shall have power, in accordance with the provisions of this section and sections 307 to 312, inclusive, of this act, from time to time to authorize the issuance of bonds of the state in one or more series and in principal amounts in the aggregate not exceeding [$398,450,000] $198,450,000. Sec. 340. Subsection (i) of section 2 of public act 20-1 is repealed. (Effective July 1, 2022) Sec. 341. Section 12 of public act 20-1, as amended by section 84 of public act 21-111, is amended to read as follows (Effective July 1, 2022): The State Bond Commission shall have power, in accordance with the provisions of this section and sections 13 to 19, inclusive, of public act 20-1, from time to time to authorize the issuance of bonds of the state in one or more series and in principal amounts in the aggregate, not exceeding [$247,500,000] $242,500,000. Sec. 342. Subdivision (1) of subsection (a) of section 13 of public act 20-1 is amended to read as follows (Effective July 1, 2022): (1) Grants-in-aid to private, nonprofit health and human service organizations that are exempt under Section 501(c)(3) of the Internal Revenue Code of 1986, and that receive funds from the state to provide direct health or human services to state agency clients, for alterations, renovations, improvements, additions and new construction, including health, safety, compliance with the Americans with Disabilities Act and energy conservation improvements, information technology systems,
House Bill No. 5506
Public Act No. 22-118 470 of 739
technology for independence, purchase of vehicles and acquisition of property, not exceeding [$25,000,000] $20,000,000; Sec. 343. Section 20 of public act 20-1 is amended to read as follows (Effective July 1, 2022): The State Bond Commission shall have power, in accordance with the provisions of this section and sections 326 to 331, inclusive, of this act, from time to time to authorize the issuance of bonds of the state in one or more series and in principal amounts in the aggregate not exceeding [$406,500,000] $386,500,000. Sec. 344. Subsection (g) of section 21 of public act 20-1 is amended to read as follows (Effective July 1, 2022): (g) For the Department of Transportation: For construction, repair or maintenance of highways, roads, bridges, noise barriers or bus and rail facilities and equipment, not exceeding [$200,000,000] $180,000,000, provided not more than $75,000,000 shall be used for a matching grant program to assist municipalities to modernize existing traffic signal equipment and operations. Sec. 345. Section 1 of public act 21-111 is amended to read as follows (Effective July 1, 2022): The State Bond Commission shall have power, in accordance with the provisions of this section and sections 2 to 7, inclusive, of [this act] public act 21-111, from time to time to authorize the issuance of bonds of the state in one or more series and in principal amounts in the aggregate not exceeding [$334,558,500] $334,058,500. Sec. 346. Subsection (e) of section 2 of public act 21-111 is repealed. (Effective July 1, 2022) Sec. 347. Section 12 of public act 21-111, as amended by section 469 of
House Bill No. 5506
Public Act No. 22-118 471 of 739
public act 21-2 of the June special session, is amended to read as follows (Effective from passage): The State Bond Commission shall have power, in accordance with the provisions of this section and sections 13 to 19, inclusive, of public act 21-111, from time to time to authorize the issuance of bonds of the state in one or more series and in principal amounts in the aggregate, not exceeding [$309,150,000] $316,550,000. Sec. 348. Subdivision (4) of subsection (a) of section 13 of public act 21-111 is repealed. (Effective from passage) Sec. 349. Subdivision (5) of subsection (a) of section 13 of public act 21-111 is repealed. (Effective from passage) Sec. 350. Subdivision (4) of subsection (c) of section 13 of public act 21-111 is amended to read as follows (Effective from passage): (4) For the CareerConneCT workforce training programs, not exceeding $20,000,000, provided not more than $5,000,000 may be used to capitalize the Connecticut Career Accelerator Program Account. Sec. 351. Subsection (d) of section 13 of public act 21-111, as amended by section 470 of public act 21-2 of the June special session, is amended to read as follows (Effective from passage): (d) For the Connecticut Port Authority: Grants-in-aid for improvements to deep water ports, including dredging, not exceeding [$70,000,000] $90,000,000, provided not less than $20,000,000 shall be used for deep water ports outside of New London. Sec. 352. Section 20 of public act 21-111, as amended by section 472 of public act 21-2 of the June special session, is amended to read as follows (Effective July 1, 2022): The State Bond Commission shall have power, in accordance with the
House Bill No. 5506
Public Act No. 22-118 472 of 739
provisions of this section and sections 21 to 26, inclusive, of public act 21-111, from time to time to authorize the issuance of bonds of the state in one or more series and in principal amounts in the aggregate not exceeding [$241,565,000] $316,565,000. Sec. 353. Subdivision (1) of subsection (e) of section 21 of public act 21-111 is amended to read as follows (Effective July 1, 2022): (1) Alterations, renovations and new construction at state parks and other recreation facilities, including Americans with Disabilities Act improvements, not exceeding [$15,000,000] $30,000,000; Sec. 354. Subsection (j) of section 21 of public act 21-111 is amended to read as follows (Effective July 1, 2022): (j) For the Department of Correction: Alterations, renovations, and improvements to existing state-owned buildings for inmate housing, programming and staff training space and additional inmate capacity, and for support facilities and off-site improvements, not exceeding [$10,000,000] $70,000,000. Sec. 355. Section 31 of public act 21-111, as amended by section 474 of public act 21-2 of the June special session, is amended to read as follows (Effective July 1, 2022): The State Bond Commission shall have power, in accordance with the provisions of this section and sections 32 to 38, inclusive, of public act 21-111, from time to time to authorize the issuance of bonds of the state in one or more series and in principal amounts in the aggregate, not exceeding [$198,550,000] $168,550,000. Sec. 356. Subdivision (4) of subsection (a) of section 32 of public act 21-111 is repealed. (Effective July 1, 2022) Sec. 357. Subdivision (1) of subsection (b) of section 32 of public act
House Bill No. 5506
Public Act No. 22-118 473 of 739
21-111 is amended to read as follows (Effective July 1, 2022): (1) Grants-in-aid to municipalities for open space land acquisition and development for conservation or recreational purposes, not exceeding [$10,000,000] $15,000,000; Sec. 358. (Effective July 1, 2022) (a) For the purposes described in subsection (b) of this section, the State Bond Commission shall have the power from time to time to authorize the issuance of bonds of the state in one or more series and in principal amounts not exceeding in the aggregate ten million dollars. (b) The proceeds of the sale of said bonds, to the extent of the amount stated in subsection (a) of this section, shall be used by the Connecticut State Colleges and Universities for the purpose of constructing, improving or equipping child care centers on or near college and university campuses, including, but not limited to, payment of associated costs for architectural, engineering or demolition services. (c) All provisions of section 3-20 of the general statutes, or the exercise of any right or power granted thereby, which are not inconsistent with the provisions of this section are hereby adopted and shall apply to all bonds authorized by the State Bond Commission pursuant to this section, and temporary notes in anticipation of the money to be derived from the sale of any such bonds so authorized may be issued in accordance with said section 3-20 and from time to time renewed. Such bonds shall mature at such time or times not exceeding twenty years from their respective dates as may be provided in or pursuant to the resolution or resolutions of the State Bond Commission authorizing such bonds. None of said bonds shall be authorized except upon a finding by the State Bond Commission that there has been filed with it a request for such authorization which is signed by or on behalf of the Secretary of the Office of Policy and Management and states such terms and conditions as said commission, in its discretion, may require. Said
House Bill No. 5506
Public Act No. 22-118 474 of 739
bonds issued pursuant to this section shall be general obligations of the state and the full faith and credit of the state of Connecticut are pledged for the payment of the principal of and interest on said bonds as the same become due, and accordingly and as part of the contract of the state with the holders of said bonds, appropriation of all amounts necessary for punctual payment of such principal and interest is hereby made, and the State Treasurer shall pay such principal and interest as the same become due. Sec. 359. (Effective July 1, 2022) (a) For the purposes described in subsection (b) of this section, the State Bond Commission shall have the power from time to time to authorize the issuance of bonds of the state in one or more series and in principal amounts not exceeding in the aggregate twenty million dollars. (b) The proceeds of the sale of said bonds, to the extent of the amount stated in subsection (a) of this section, shall be used by the Department of Housing for (1) the purpose of developing housing for health care workers, including, but not limited to, land acquisition, project design and costs of construction, in collaboration with the Chief Workforce Officer, and (2) costs associated with the provisions of subsection (d) of this section. (c) All provisions of section 3-20 of the general statutes, or the exercise of any right or power granted thereby, which are not inconsistent with the provisions of this section are hereby adopted and shall apply to all bonds authorized by the State Bond Commission pursuant to this section, and temporary notes in anticipation of the money to be derived from the sale of any such bonds so authorized may be issued in accordance with said section 3-20 and from time to time renewed. Such bonds shall mature at such time or times not exceeding twenty years from their respective dates as may be provided in or pursuant to the resolution or resolutions of the State Bond Commission authorizing such bonds. None of said bonds shall be authorized except upon a
House Bill No. 5506
Public Act No. 22-118 475 of 739
finding by the State Bond Commission that there has been filed with it a request for such authorization which is signed by or on behalf of the Secretary of the Office of Policy and Management and states such terms and conditions as said commission, in its discretion, may require. Said bonds issued pursuant to this section shall be general obligations of the state and the full faith and credit of the state of Connecticut are pledged for the payment of the principal of and interest on said bonds as the same become due, and accordingly and as part of the contract of the state with the holders of said bonds, appropriation of all amounts necessary for punctual payment of such principal and interest is hereby made, and the State Treasurer shall pay such principal and interest as the same become due. (d) The Commissioner of Housing and the executive director of the Connecticut Housing Finance Authority shall seek a partnership with one or more hospitals located in the state to increase workforce housing options. Not later than January 1, 2023, the commissioner and executive director shall submit, in accordance with the provisions of section 11-4a of the general statutes, a report detailing the status of any such partnership and any recommendations on other methods to increase such housing options to the joint standing committee of the General Assembly having cognizance of matters relating to housing. Sec. 360. (Effective July 1, 2022) (a) For the purposes described in subsection (b) of this section, the State Bond Commission shall have the power from time to time to authorize the issuance of bonds of the state in one or more series and in principal amounts not exceeding in the aggregate seventy-five million dollars. (b) The proceeds of the sale of said bonds, to the extent of the amount stated in subsection (a) of this section, shall be used by the Department of Administrative Services for the purpose of providing grants-in-aid for school air quality improvements including, but not limited to, upgrades to, replacement of or installation of heating, ventilation and
House Bill No. 5506
Public Act No. 22-118 476 of 739
air conditioning equipment, provided not more than fifty million dollars of such proceeds may be used to provide reimbursements for such improvements that were completed not earlier than March 1, 2020, and not later than July 1, 2022. (c) All provisions of section 3-20 of the general statutes, or the exercise of any right or power granted thereby, which are not inconsistent with the provisions of this section are hereby adopted and shall apply to all bonds authorized by the State Bond Commission pursuant to this section, and temporary notes in anticipation of the money to be derived from the sale of any such bonds so authorized may be issued in accordance with said section 3-20 and from time to time renewed. Such bonds shall mature at such time or times not exceeding twenty years from their respective dates as may be provided in or pursuant to the resolution or resolutions of the State Bond Commission authorizing such bonds. None of said bonds shall be authorized except upon a finding by the State Bond Commission that there has been filed with it a request for such authorization which is signed by or on behalf of the Secretary of the Office of Policy and Management and states such terms and conditions as said commission, in its discretion, may require. Said bonds issued pursuant to this section shall be general obligations of the state and the full faith and credit of the state of Connecticut are pledged for the payment of the principal of and interest on said bonds as the same become due, and accordingly and as part of the contract of the state with the holders of said bonds, appropriation of all amounts necessary for punctual payment of such principal and interest is hereby made, and the State Treasurer shall pay such principal and interest as the same become due. Sec. 361. (NEW) (Effective July 1, 2022) (a) As used in this section: (1) "Certified community development corporation" means an organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding
House Bill No. 5506
Public Act No. 22-118 477 of 739
internal revenue code of the United States, as amended from time to time, that (A) focuses a substantial majority of the community development corporation's efforts on serving one or more target areas, (B) has as its purpose to engage local residents and businesses to work together to undertake community development programs, projects and activities that develop and improve urban communities in sustainable ways that create and expand economic opportunities for low and moderate-income people, (C) demonstrates to the Office of Community Economic Development Assistance established under subsection (b) of this section that the community development corporation's constituency is meaningfully represented on the board of directors of such community development corporation, through (i) the percentage of the board members who are residents of a target area or a community that such community development corporation serves or seeks to serve, (ii) the percentage of board members who are low or moderate-income, (iii) the racial and ethnic composition of the board in comparison to the racial and ethnic composition of the community such community development corporation serves or seeks to serve, or (iv) the use of mechanisms such as committees or membership meetings that the community development corporation uses to ensure that its constituency has a meaningful role in the governance and direction of the community development corporation, and (D) is certified by the Office of Community Economic Development Assistance pursuant to this section; (2) "Department" means the Department of Economic and Community Development; and (3) "Target area" means a contiguous geographic area in which the current unemployment rate exceeds the state unemployment rate by at least twenty-five per cent or in which the mean household income is at or below eighty per cent of the state mean household income, as determined by the most recent decennial census.
House Bill No. 5506
Public Act No. 22-118 478 of 739
(b) (1) There is established an Office of Community Economic Development Assistance within the Department of Economic and Community Development. The office shall, within available appropriations, (A) provide assistance to organizations seeking to establish themselves or be certified as a community development corporation in the state, (B) provide grants to certified community development corporations for projects to be undertaken in a target area, (C) serve as the liaison between community development corporations and investors seeking to invest funds in such community development corporations and provide assistance in soliciting investment funds for such community development corporations, and (D) seek to ensure coordinated, efficient and timely responses to such organizations, community development corporations and investors. (2) The office shall identify eligible target areas in the state and post such target areas on the department's Internet web site. (c) (1) Any organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time, may apply to the Office of Community Economic Development Assistance to establish itself as or be certified as a community development corporation in the state. The office shall prescribe the form and manner of such application. (2) (A) Any existing community development corporation that operates or seeks to operate in the state may apply to the office to be certified. The office shall certify any community development corporation that is exempt from taxation under Section 501(c)(3) of said Internal Revenue Code and meets the requirements set forth in subparagraphs (A) to (C), inclusive, of subdivision (1) of subsection (a) of this section. Each community development corporation that is established pursuant to this subsection shall be deemed to be certified.
House Bill No. 5506
Public Act No. 22-118 479 of 739
(B) The office shall maintain a current list of certified community development corporations and shall post such list on the Internet web site of the department. (3) The Office of Community Economic Development Assistance shall establish a grant program for projects to be undertaken by a certified community development corporation in a target area. Such projects shall include, but not be limited to, infrastructure improvements, housing rehabilitation, streetscape improvements and facade improvements for businesses. The office shall establish the application form and process for such grant program, the criteria for eligible projects and for awarding grants and any caps or limits on the amount or number of grants awarded. The office shall post information concerning the grant program on the department's Internet web site. (d) (1) For the purposes described in subdivision (2) of this subsection, the State Bond Commission shall have the power from time to time to authorize the issuance of bonds of the state in one or more series and in principal amounts not exceeding in the aggregate fifty million dollars. (2) The proceeds of the sale of such bonds, to the extent of the amount stated in subdivision (1) of this subsection, shall be used by the Department of Economic and Community Development for the purposes of carrying out the duties of the Office of Community Economic Development Assistance under subsection (b) of this section and the grant program under subsection (c) of this section. (3) All provisions of section 3-20 of the general statutes, or the exercise of any right or power granted thereby, that are not inconsistent with the provisions of this section are hereby adopted and shall apply to all bonds authorized by the State Bond Commission pursuant to this section. Temporary notes in anticipation of the money to be derived from the sale of any such bonds so authorized may be issued in
House Bill No. 5506
Public Act No. 22-118 480 of 739
accordance with section 3-20 of the general statutes and from time to time renewed. Such bonds shall mature at such time or times not exceeding twenty years from their respective dates as may be provided in or pursuant to the resolution or resolutions of the State Bond Commission authorizing such bonds. None of such bonds shall be authorized except upon a finding by the State Bond Commission that there has been filed with it a request for such authorization that is signed by or on behalf of the Secretary of the Office of Policy and Management and states such terms and conditions as said commission, in its discretion, may require. Such bonds issued pursuant to this section shall be general obligations of the state and the full faith and credit of the state of Connecticut are pledged for the payment of the principal of and interest on such bonds as the same become due, and accordingly and as part of the contract of the state with the holders of such bonds, appropriation of all amounts necessary for punctual payment of such principal and interest is hereby made, and the State Treasurer shall pay such principal and interest as the same become due. (e) Not later than July 1, 2023, and annually thereafter, the Office of Community Economic Development Assistance shall submit a report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to commerce, planning and development and finance, revenue and bonding. Such report shall include, but not be limited to, a description of the activities undertaken by the office in the preceding fiscal year, the number of community development corporations established and certified in the preceding fiscal year, the number and amounts of grants awarded to certified community development corporations in the preceding fiscal year and a description and the locations of the projects undertaken by certified community development corporations in the preceding fiscal year. Sec. 362. (Effective from passage) The Commissioner of Administrative
House Bill No. 5506
Public Act No. 22-118 481 of 739
Services, having reviewed applications for state grants for public school building projects in accordance with section 10-283 of the general statutes on the basis of priorities for such projects and standards for school construction established by the State Board of Education, and having prepared a listing of all such eligible projects ranked in order of priority, as determined by said commissioner, together with the amount of the estimated grant with respect to each eligible project, and having submitted such listing of eligible projects, prior to December 15, 2021, to a committee of the General Assembly established under section 10-283a of the general statutes for the purpose of reviewing such listing, is hereby authorized to enter into grant commitments on behalf of the state in accordance with said section with respect to the priority listing of such projects and in such estimated amounts as approved by such committee prior to February 1, 2022, as follows: (1) Estimated Grant Commitments.
School District Estimated Estimated
School Project Costs Grant
Project Number
FARMINGTON
Farmington High School
22DASY052076N0622 $131,666,047 $24,924,383
STAMFORD
Westhill High School
22DASY135280N0622 $257,938,824 $51,587,765
GRANBY
Granby Memorial High School
22DASY056052A0622 $3,486,378 $1,319,943
HAMDEN
Hamden Middle School
22DASY062104DV0622 $17,100,000 $13,680,000
House Bill No. 5506
Public Act No. 22-118 482 of 739
MANCHESTER
Keeney Elementary School
22DASY077241RNV0622 $33,200,000 $27,811,640
MILFORD
Pumpkin Delight Elementary School
22DASY084213EA0622 $15,060,750 $5,593,563
SIMSBURY
Latimer Lane School
22DASY128111RNV0622 $36,792,406 $12,351,211
REGIONAL DISTRICT 7
Regional School District No. 7
Agricultural Education Center
22DASY207031VE0622 $100,000 $80,000
(2) Previously Authorized Projects For the Technical Education and Career System That Have Changed Substantially in Scope or Cost which are Seeking Reauthorization.
School District Authorized Requested
School
Project Number
CTECS (Bridgeport)
Bullard-Havens
900-0015 VT/N
Estimated…
Total Project Costs $139,447,195 $199,000,000
Total Grant $139,447,195 $199,000,000
Sec. 363. Section 10-292r of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): [(a) There is established a School Safety Infrastructure Council. The
House Bill No. 5506
Public Act No. 22-118 483 of 739
council shall consist of: (1) The Commissioner of Administrative Services, or the commissioner's designee; (2) the Commissioner of Emergency Services and Public Protection, or the commissioner's designee; (3) the Commissioner of Education, or the commissioner's designee; (4) one appointed by the president pro tempore of the Senate, who shall be a person with expertise in building security, preferably school building security; (5) one appointed by the speaker of the House of Representatives, who shall be a licensed professional engineer who is a structural engineer; (6) one appointed by the majority leader of the Senate, who shall be a public school administrator certified by the State Board of Education; (7) one appointed by the majority leader of the House of Representatives, who shall be a firefighter, emergency medical technician or a paramedic; (8) one appointed by the minority leader of the Senate, who shall be a school resource officer; (9) one appointed by the minority leader of the House of Representatives, who shall be a public school teacher certified by the State Board of Education; and (10) two appointed by the Governor, one of whom shall be a licensed building official and one of whom shall be a licensed architect. The Commissioner of Administrative Services shall serve as the chairperson of the council. The administrative staff of the Department of Administrative Services shall serve as staff for the council and assist with all ministerial duties.] [(b)] (a) The [School Safety Infrastructure Council] School Building Projects Advisory Council, established pursuant to section 10-292q, shall [develop] periodically review and update, as necessary, school safety infrastructure criteria for school building projects awarded grants pursuant to this chapter and the school security infrastructure competitive grant program, pursuant to section 84 of public act 13-3. Such school safety infrastructure criteria shall conform to industry standards for school building safety infrastructure and shall address areas including, but not be limited to, (1) entryways to school buildings and classrooms, such as, reinforcement of entryways, ballistic glass,
House Bill No. 5506
Public Act No. 22-118 484 of 739
solid core doors, double door access, computer-controlled electronic locks, remote locks on all entrance and exits and buzzer systems, (2) the use of cameras throughout the school building and at all entrances and exits, including the use of closed-circuit television monitoring, (3) penetration resistant vestibules, and (4) other security infrastructure improvements and devices as they become industry standards. The council shall meet at least annually to review and update, if necessary, the school safety infrastructure criteria and make such criteria available to local and regional boards of education. [(c)] (b) [Not later than January 1, 2014, and annually thereafter, the School Safety Infrastructure Council] The School Building Projects Advisory Council shall submit any updates made to the school safety infrastructure criteria to the Commissioners of Emergency Services and Public Protection and Education [, the School Building Projects Advisory Council, established pursuant to section 10-292q,] and the joint standing committees of the General Assembly having cognizance of matters relating to public safety and education, in accordance with the provisions of section 11-4a. Sec. 364. Section 10-264h of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) For the fiscal year ending June 30, 2012, and each fiscal year thereafter, a local or regional board of education, a regional educational service center, a cooperative arrangement pursuant to section 10-158a, or any of the following entities that operate an interdistrict magnet school that assists the state in meeting its obligations pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, as determined by the Commissioner of Education: (1) The Board of Trustees of the Community-Technical Colleges on behalf of a regional community-technical college, (2) the Board of Trustees of the Connecticut State University System on behalf of a state university,
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Public Act No. 22-118 485 of 739
(3) the Board of Trustees for The University of Connecticut on behalf of the university, (4) the board of governors for an independent institution of higher education, as defined in subsection (a) of section 10a-173, or the equivalent of such a board, on behalf of the independent institution of higher education, and (5) any other third-party not-for-profit corporation approved by the Commissioner of Education, shall be eligible to apply for and accept grants for a school building project, as defined in section 10-282, as provided in chapter 173, and may be eligible for reimbursement, except as otherwise provided for, up to eighty per cent of the eligible cost of [any capital expenditure for the purchase, construction, extension, replacement, leasing or major alteration of] the school building project for an interdistrict magnet school [facilities] facility, including any expenditure for the purchase of equipment, in accordance with this section. To be eligible for reimbursement under this section a [magnet school construction project] school building project for an interdistrict magnet school facility shall meet the requirements for a school building project established in chapter 173, except that the Commissioner of Administrative Services, in consultation with the Commissioner of Education, may waive any requirement in said chapter for good cause. [On and after July 1, 2011, the Commissioner of Administrative Services shall approve only applications for reimbursement under this section that the Commissioner of Education finds will reduce racial, ethnic and economic isolation. Applications for reimbursement under this section for the construction of new interdistrict magnet schools shall not be accepted until the Commissioner of Education develops a comprehensive state-wide interdistrict magnet school plan, in accordance with the provisions of subdivision (1) of subsection (b) of section 10-264l, unless the Commissioner of Education determines that such construction will assist the state in meeting its obligations pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, as determined by the Commissioner of Education.]
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Public Act No. 22-118 486 of 739
(b) Subject to the provisions of subsection (a) of this section, the applicant shall receive current payments of scheduled estimated eligible project costs for the interdistrict magnet school facility, provided (1) the applicant files an application for a school building project, in accordance with section 10-283, by the date prescribed by the Commissioner of [Education] Administrative Services, (2) final plans and specifications for the project are approved pursuant to sections 10-291 and 10-292, and (3) such [district] applicant submits to the Commissioner of Education, in such form as the commissioner prescribes, and the commissioner approves a plan for the operation of the facility which includes, but need not be limited to: A description of the educational programs to be offered, the completion date for the project, an estimated budget for the operation of the facility, written commitments for participation from the districts that will participate in the school and an analysis of the effect of the program on the reduction of racial, ethnic and economic isolation. The Commissioner of Education shall notify the Commissioner of Administrative Services and the secretary of the State Bond Commission when the provisions of [subdivisions (1) and] subdivision (3) of this subsection have been met. Upon application to the Commissioner of [Education] Administrative Services, compliance with the provisions of [subdivisions (1) and] subdivision (3) of this subsection and after authorization by the General Assembly pursuant to section 10-283, the applicant shall be eligible to receive progress payments in accordance with the provisions of section 10-287i. (c) (1) If the school building ceases to be used as an interdistrict magnet school facility and the grant was provided for the purchase or construction of the facility, the Commissioner of Administrative Services, in consultation with the Commissioner of Education, shall determine whether (A) title to the building and any legal interest in appurtenant land shall revert to the state, or (B) the school district shall reimburse the state an amount equal to the difference between the amount received pursuant to this section and the amount the district
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Public Act No. 22-118 487 of 739
would have been eligible to receive based on the percentage determined pursuant to section 10-285a, multiplied by the estimated eligible project costs. (2) If the school building ceases to be used as an interdistrict magnet school facility and the grant was provided for the extension or major alteration of the facility, the school district shall reimburse the state the amount determined in accordance with subparagraph (B) of subdivision (1) of this subsection. A school district receiving a request for reimbursement pursuant to this subdivision shall reimburse the state not later than the close of the fiscal year following the year in which the request is made. If the school district fails to so reimburse the state, the Department of Administrative Services may request the Department of Education to withhold such amount from the total sum which is paid from the State Treasury to such school district or the town in which it is located or, in the case of a regional school district, the towns which comprise the school district. If the amount paid from the State Treasury is less than the amount due, the Department of Administrative Services shall collect such amount from the school district. (d) The Commissioner of Administrative Services shall provide for a final audit of all project expenditures pursuant to this section and may require repayment of any ineligible expenditures, except that the Commissioner of Administrative Services may waive any audit deficiencies found during a final audit of all project expenditures pursuant to this section if the Commissioner of Administrative Services determines that granting such waiver is in the best interest of the state. Sec. 365. (NEW) (Effective July 1, 2022) (a) Not later than January 1, 2023, and every five years thereafter, the Capitol Region Education Council shall adopt a long-range plan of capital improvement and school building project priorities and goals for interdistrict magnet school facilities that will assist the state in meeting its obligations pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any
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related stipulation or order in effect. The plan shall include a summary of activities related to school building projects, capital improvements and capital equipment pursuant to subsection (b) of this section. Upon adoption of the plan, the council shall submit the plan to the Department of Administrative Services and the department shall file the plan directly with the joint standing committees of the General Assembly having cognizance of matters relating to education, finance, revenue and bonding, and appropriations in accordance with the provisions of section 11-4a of the general statutes. (b) The Capitol Region Education Council shall maintain a rolling three-year school building project and capital improvement and capital equipment plan that identifies: (1) The expected school building projects, capital improvements and capital equipment for each interdistrict magnet school facility operated by the council, and the anticipated cost of such projects, improvements and equipment; and (2) the specific equipment each interdistrict magnet school facility is expected to need, based on the useful life of existing equipment and projections of changing technology and the estimated cost of the equipment. The council shall annually submit such plan to the Department of Administrative Services and the department shall file such plan directly with the joint standing committees of the General Assembly having cognizance of matters relating to education, finance, revenue and bonding, and appropriations and the budgets of state agencies in accordance with the provisions of section 11-4a of the general statutes. Sec. 366. Section 10-287i of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): A grant under this chapter for any school building project authorized by the General Assembly on or after July 1, 1996, or for any project for which application is made pursuant to subsection (b) of section 10-283, on or after July 1, 1997, shall be paid as follows: Applicants shall request
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progress payments for the state share of eligible project costs calculated pursuant to sections 10-65, 10-76e and 10-286, at such time and in such manner as the Commissioner of Administrative Services shall prescribe provided no payments shall commence until the applicant has filed a notice of authorization of funding for the local share of project costs, and provided further no payments other than those for architectural planning and site acquisition shall be made prior to approval of the final architectural plans pursuant to section 10-292. For any project authorized on or after July 1, 2024, the Department of Administrative Services shall withhold five per cent of a grant if the commissioner determines that the applicant has failed to comply with the provisions of subdivision (3) of subsection (b) of section 4a-60g relating to minority business enterprises. The Department of Administrative Services shall withhold [eleven] five per cent of a grant pending completion of an audit pursuant to section 10-287 provided, if the department is unable to complete the required audit within six months of the date a request for final payment is filed, the applicant may have an independent audit performed and include the cost of such audit in the eligible project costs. Sec. 367. (NEW) (Effective July 1, 2022) (a) For the fiscal year ending June 30, 2023, and each fiscal year thereafter, the Department of Administrative Services shall administer a heating, ventilation and air conditioning system grant program to reimburse local and regional boards of education for costs associated with projects for the installation, replacement or upgrading of heating, ventilation and air conditioning systems or other improvements to indoor air quality in school buildings. (b) (1) A local or regional board of education or a regional educational service center may apply, at such time and in such manner as the Commissioner of Administrative Services prescribes, for a grant for a project involving the installation, replacement or upgrading of heating, ventilation and air conditioning systems or other improvements to indoor air quality in school buildings. A local or regional board of
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education may submit an application for any such project that (A) was commenced on or after March 1, 2020, and completed before the effective date of this section, or (B) is commenced on or after the effective date of this section. (2) The commissioner shall develop eligibility criteria for the awarding of grants under the program. Such criteria shall include, but need not be limited to, (A) the age and condition of the current heating, ventilation and air conditioning system or equipment being replaced or upgraded in the school, (B) current air quality issues at the school, (C) the age and condition of the overall school building, (D) the school district's master plan, (E) the availability of maintenance records, (F) a contract or plans for the routine maintenance and cleaning of the heating, ventilation and air conditioning system, and (G) the local or regional board of education's or regional educational service center's ability to finance the remainder of the costs for such project after receiving a grant under the program. The commissioner shall utilize such eligibility criteria when determining whether to award a grant to an applicant under the program. (3) The commissioner shall not award a grant under the program to any applicant that, on or after July 1, 2024, has not certified compliance with the uniform inspection and evaluation of an existing heating, ventilation and air conditioning system pursuant to subsection (d) of section 10-220 of the general statutes. (c) (1) A local board of education may receive a grant equal to a percentage of its eligible expenses. The percentage shall be determined by its ranking. Such ranking shall be determined as follows: (A) Each town shall be ranked in descending order from one to one hundred sixty-nine according to the adjusted equalized net grand list per capita, as defined in section 10-261 of the general statutes, of the town two, three and four years prior to the fiscal year in which application is made, (B) based upon such ranking, a percentage of not less than twenty or
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more than eighty shall be assigned to each town on a continuous scale, and (C) the town ranked first shall be assigned a percentage of twenty and the town ranked last shall be assigned a percentage of eighty. (2) A regional board of education may receive a grant equal to a percentage of its eligible expenses. The percentage shall be determined by its ranking. Such ranking shall be determined as follows: (A) Multiplying the total population, as defined in section 10-261 of the general statutes, of each town in the district by such town's ranking, as determined in subdivision (1) of this subsection, (B) adding together the figures determined under subparagraph (A) of this subdivision, and (C) dividing the total computed under subparagraph (B) of this subdivision by the total population of all towns in the district. The ranking of each regional board of education shall be rounded to the next higher whole number and each such board shall receive the same reimbursement percentage as would a town with the same rank plus ten per cent, except that no such percentage shall exceed eighty-five per cent. (3) A regional educational service center may receive a grant equal to a percentage of its eligible expenses. The percentage shall be determined by its ranking. Such ranking shall be determined by (A) multiplying the population of each member town in the regional educational service center by such town's ranking, as determined in subdivision (1) of this subsection, (B) adding together the figures for each town determined under subparagraph (A) of this subdivision, and (C) dividing the total computed under subparagraph (B) of this subdivision by the total population of all member towns in the regional educational service center. The ranking of each regional educational service center shall be rounded to the next higher whole number and each such center shall receive the same reimbursement percentage as would a town with the same rank. (d) If there are not sufficient funds to provide grants to all local and regional boards of education and regional educational service centers,
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based on the percentage determined pursuant to subsection (c) of this section, the commissioner shall give priority to applicants on behalf of schools with the greatest need for heating, ventilation and air conditioning systems or other improvements to indoor air quality in school buildings, as determined by the commissioner based on the eligibility criteria developed pursuant to subdivision (2) of subsection (b) of this section. (e) The following expenses shall not be eligible for reimbursement under this section: (1) Routine maintenance and cleaning of the heating, ventilation and air conditioning system, (2) work that is otherwise eligible for a school building project grant under chapter 173 of the general statutes, and (3) work performed at or on a public school administrative or service facility that is not located or housed within a public school building. (f) No grant funds received under this section by a local or regional board of education or a regional educational service center shall be used to supplant local matching requirements for federal or state funding otherwise received by such district for a project for the installation, replacement or upgrading of heating, ventilation and air conditioning systems or other improvements to indoor air quality in school buildings. (g) Any project for the installation, replacement or upgrading of heating, ventilation and air conditioning systems or other improvements to indoor air quality in school buildings for which a grant is awarded under this section shall be completed by the end of the next calendar year, unless the duration of such project is extended by the commissioner upon a showing of good cause by the local or regional board of education or regional educational service center. (h) Any local or regional board of education or regional educational service center that receives a grant under this section shall (1) be responsible for the routine maintenance and cleaning of the heating,
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ventilation and air conditioning system, and (2) provide training to school personnel and building maintenance staff concerning the proper use and maintenance of the heating, ventilation and air conditioning system. Sec. 368. (NEW) (Effective July 1, 2022) (a) Not later than March 1, 2023, the Office of Workforce Strategy, in consultation with the Labor Department, Office of Higher Education and Technical Education and Career System, shall establish, within available appropriations, a heating, ventilation and air conditioning system pipeline training pilot program. The pilot program shall develop preapprenticeship workforce pipeline training programs that are (1) designed to identify and support the training of individuals from underserved and underrepresented populations and historically marginalized communities in the installation and maintenance of heating, ventilation and air conditioning systems, and any associated trades related to the installation and maintenance of heating, ventilation and air conditioning systems, (2) offered to such individuals, and (3) include comprehensive career navigational and wraparound training services including, but not limited to, recruitment, job coaching, supportive services inclusive of transportation services and job placement support. The office shall utilize the selection criteria developed pursuant to subsection (b) of this section to select organizations to provide services as part of the pilot program. (b) The Office of Workforce Strategy, in consultation with the Labor Department, shall develop selection criteria prioritizing (1) low-income and underrepresented individuals who reside in a municipality with a population of more than one hundred thousand, and (2) nonprofit and community-based organizations currently serving low-income and underrepresented individuals. (c) The Office of Workforce Strategy, in consultation with the Labor Department, the Office of Higher Education and the Technical
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Education and Career System, may identify recent heating, ventilation and air conditioning system program participants in the state and support such participants in transitioning into a career to immediately fill existing heating, ventilation and air conditioning system talent demands. (d) Not later than December 1, 2023, the Office of Workforce Strategy shall submit a report to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to education, higher education and employment advancement and labor and public employees, in accordance with the provisions section 11-4a of the general statutes. Such report shall include, but not be limited to, the number of individuals who have enrolled in a training program offered as part of the pilot program, the number of individuals who have completed such training programs, and the number of individuals who have completed such training program and obtained a permanent job in the heating, ventilation and air conditioning system sector. Sec. 369. Subsection (d) of section 10-220 of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (d) (1) As used in this subsection: (A) "Certified testing, adjusting and balancing technician" means a technician certified to perform testing, adjusting and balancing of heating, ventilation and air conditioning systems by the Associated Air Balance Council, the National Environmental Balancing Bureau or the Testing, Adjusting and Balancing Bureau, or an individual training under the supervision of a Testing, Adjusting and Balancing Bureau certified technician or a person certified to perform ventilation assessments of heating, ventilation and air conditioning systems through a certification body accredited by the American National Standards Institute;
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(B) "Heating, ventilation and air conditioning system" means the equipment, distribution network, controls and terminals that provide, either collectively or individually, heating, ventilation or air conditioning to a building; and (C) "Indoor air quality" has the same meaning as used by the United States Department of Labor Occupational Safety and Health Administration Standard Number 1910.1000 "OSHA Policy on Indoor Air Quality. [(d)] (2) Prior to January 1, 2008, and every [five] three years thereafter, for every school building that is or has been constructed, extended, renovated or replaced on or after January 1, 2003, a local or regional board of education shall provide for a uniform inspection and evaluation program of the indoor air quality within such buildings, such as the Environmental Protection Agency's Indoor Air Quality Tools for Schools Program. The inspection and evaluation program shall include, but not be limited to, a review, inspection or evaluation of the following: [(1)] (A) The heating, ventilation and air conditioning systems; [(2)] (B) radon levels in the air; [(3)] (C) potential for exposure to microbiological airborne particles, including, but not limited to, fungi, mold and bacteria; [(4)] (D) chemical compounds of concern to indoor air quality including, but not limited to, volatile organic compounds; [(5)] (E) the degree of pest infestation, including, but not limited to, insects and rodents; [(6)] (F) the degree of pesticide usage; [(7)] (G) the presence of and the plans for removal of any hazardous substances that are contained on the list prepared pursuant to Section 302 of the federal Emergency Planning and Community Right-to-Know Act, 42 USC 9601 et seq.; [(8)] (H) ventilation systems; [(9)] (I) plumbing, including water distribution systems, drainage systems and fixtures; [(10)] (J) moisture incursion; [(11)] (K) the overall cleanliness of the facilities; [(12)] (L) building structural elements, including, but not limited to, roofing, basements or slabs; [(13)] (M) the use of space, particularly areas that
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were designed to be unoccupied; and [(14)] (N) the provision of indoor air quality maintenance training for building staff. Local and regional boards of education conducting evaluations pursuant to this subsection shall make available for public inspection the results of the inspection and evaluation at a regularly scheduled board of education meeting and on the board's or each individual school's web site. (3) Prior to January 1, 2024, and every five years thereafter, a local or regional board of education shall provide for a uniform inspection and evaluation of the heating, ventilation and air conditioning system within each school building under its jurisdiction. Such inspection and evaluation shall be performed by a certified testing, adjusting and balancing technician, an industrial hygienist certified by the American Board of Industrial Hygiene or the Board for Global EHS Credentialing, or a mechanical engineer. Such heating, ventilation and air conditioning systems inspection and evaluation shall include, but need not be limited to: (A) Testing for maximum filter efficiency, (B) physical measurements of outside air delivery rate, (C) verification of the appropriate condition and operation of ventilation components, (D) measurement of air distribution through all system inlets and outlets, (E) verification of unit operation and that required maintenance has been performed in accordance with the most recent indoor ventilation standards promulgated by the American Society of Heating, Refrigerating and Air-Conditioning Engineers, (F) verification of control sequences, (G) verification of carbon dioxide sensors and acceptable carbon dioxide concentrations indoors, and (H) collection of field data for the installation of mechanical ventilation if none exist. The ventilation systems inspection and evaluation shall identify to what extent each school's current ventilation system components, including any existing central or noncentral mechanical ventilation system, are operating in such a manner as to provide appropriate ventilation to the school building in accordance with most recent indoor ventilation standards promulgated by the American Society of Heating, Refrigerating and
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Air-Conditioning Engineers. The inspection and evaluation shall result in a written report, and such report shall include any corrective actions necessary to be performed to the mechanical ventilation system or the heating, ventilation and air conditioning infrastructure, including installation of filters meeting the most optimal level of filtration available for a given heating, ventilation and air conditioning system, installation of carbon dioxide sensors and additional maintenance, repairs, upgrades or replacement. Any such corrective actions shall be performed, where appropriate, by a contractor, who is licensed in accordance with chapter 393. Any local or regional board of education conducting an inspection and evaluations pursuant to this subsection shall make available for public inspection the results of such inspection and evaluation at a regularly scheduled meeting of such board and on the Internet web site of such board and on the Internet web site, if any, of each individual school. A local or regional board of education shall not be required to provide for a uniform inspection and evaluation under this subdivision for any school building that will cease to be used as a school building within the three years from when such inspection and evaluation is to be performed. Sec. 370. (Effective from passage) (a) There is established a working group to study and make recommendations related to indoor air quality within school buildings. Such recommendations shall include, but need not be limited to: (1) The optimal humidity and temperature ranges to ensure healthy air and promote student learning; (2) Threshold school air quality emergency conditions warranting temporary school closures based on the presence of insufficient heat, an excessive combination of indoor temperature and humidity levels, or some other thresholds; (3) Criteria for rating the priority of heating, ventilation and air
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conditioning repair and remediation needs, including the public health condition and needs of the students attending a school; (4) Optimal heating, ventilation and air conditioning system performance benchmarks for minimizing the spread of infectious disease; (5) Protocols to be used by school districts to receive, investigate and address complaints or evidence of mold, pest infestation, hazardous odors or chemicals and poor indoor air-quality; (6) The frequency with which local and regional boards of education should be providing for a uniform inspection and evaluation program of the indoor air quality within school buildings, such as the Environmental Protection Agency's Indoor Air Quality Tools for Schools Program, and whether such program should be provided for at all schools or only at those constructed before or after a certain date; (7) Best practices for the proper maintenance of heating, ventilation and air conditions systems in school buildings; (8) Any other criteria affecting school indoor air quality; and (9) Proposals for legislation to carry out any the recommendations of the working group. (b) The working group shall consist of the following members: (1) Three appointed by the president pro tempore of the Senate, one of whom is a representative of ConnectiCOSH, one of whom is a representative of the Associated Sheet Metal and Roofing Contractors of Connecticut, and one of whom is a member of the Senate; (2) Three appointed by the speaker of the House of Representatives, one of whom is a specialist in the field of children's health, one of whom shall is a representative of the Connecticut State Building Trades
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Council, and one of whom is a member of the House of Representatives; (3) Two appointed by the majority leader of the Senate, one of whom is a representative of the American Federation of Teachers-Connecticut and one of whom is a representative of the Connecticut Association of Public School Superintendents; (4) Two appointed by the majority leader of the House of Representatives, one of whom is a representative of the Connecticut Education Association and one of whom is a representative of the Connecticut Association of Boards of Education; (5) Two appointed by the minority leader of the Senate, one of whom is a specialist in the field of medicine on respiratory health and one of whom is a representative of the Council of Small Towns; (6) Two appointed by the minority leader of the House, one of whom is an industrial hygienist and one of whom is a representative of the Mechanical Contractors of Connecticut; (7) Two appointed by the Governor, one of whom is a school nurse and one of whom is a representative of the Connecticut Conference of Municipalities; (8) The Secretary of the Office of Policy and Management, or the Secretary's designee; (9) The Commissioner of Education, or the commissioner's designee; (10) The Commissioner of Administrative Services, or the commissioner's designee; (11) The Labor Commissioner, or the commissioner's designee; (12) The Commissioner of Public Health, or the commissioner's designee;
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(13) The Commissioner of Consumer Protection, or the commissioner's designee; and (14) The Commissioner of Energy and Environmental Protection, or the commissioner's designee. (c) All appointments to the working group shall be made not later than sixty days after the effective date of this section. Any vacancy shall be filled by the appointing authority. (d) The member of the Senate appointed by the president pro tempore of the Senate pursuant to subdivision (1) of subsection (b) of this section and the member of the House of Representative appointed by the speaker of the House of Representatives pursuant to subdivision (2) of subsection (b) of this section shall serve as the chairpersons of the working group. Such chairpersons shall schedule the first meeting of the working group, which shall be held not later than sixty days after the effective date of this section. (e) Not later than January 4, 2023, the working group shall submit a report on its findings and recommendations to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to education, labor and public health, in accordance with the provisions of section 11-4a of the general statutes. The working group shall terminate on January 4, 2023, or on the submission of the report, whichever is later. Sec. 371. Subsection (c) of section 10-286 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (c) In the computation of grants pursuant to this section for any school building project authorized by the General Assembly pursuant to section 10-283 (1) after January 1, 1993, any maximum square footage per pupil limit established pursuant to this chapter or any regulation
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adopted by the State Board of Education or the Department of Administrative Services pursuant to this chapter shall be increased by twenty-five per cent for a building constructed prior to [1950] 1959; (2) after January 1, 2004, any maximum square footage per pupil limit established pursuant to this chapter or any regulation adopted by the Department of Administrative Services pursuant to this chapter shall be increased by up to one per cent to accommodate a heating, ventilation or air conditioning system, if needed; (3) for the period from July 1, 2006, to June 30, 2009, inclusive, for projects with total authorized project costs greater than ten million dollars, if total construction change orders or other change directives otherwise eligible for grant assistance under this chapter exceed five per cent of the authorized total project cost, only fifty per cent of the amount of such change order or other change directives in excess of five per cent shall be eligible for grant assistance; and (4) after July 1, 2009, for projects with total authorized project costs greater than ten million dollars, if total construction change orders or other change directives otherwise eligible for grant assistance exceed five per cent of the total authorized project cost, such change order or other change directives in excess of five per cent shall be ineligible for grant assistance. Sec. 372. Subdivisions (1) and (2) of subsection (a) of section 10-283 of the 2022 supplement to the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) (1) Each town or regional school district shall be eligible to apply for and accept grants for a school building project as provided in this chapter. Any town desiring a grant for a public school building project may, by vote of its legislative body, authorize the board of education of such town to apply to the Commissioner of Administrative Services and to accept or reject such grant for the town. Any regional school board may vote to authorize the supervising agent of the regional school district to apply to the Commissioner of Administrative Services for and
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to accept or reject such grant for the district. Applications for such grants under this chapter shall be made by the superintendent of schools of such town or regional school district on the form provided and in the manner prescribed by the Commissioner of Administrative Services. The application form shall require the superintendent of schools to affirm that the school district considered the maximization of natural light, the use and feasibility of wireless connectivity technology and, on and after July 1, 2014, the school safety infrastructure criteria, [developed by the School Safety Infrastructure Council, pursuant to] described in section 10-292r, in projects for new construction and alteration or renovation of a school building. The Commissioner of Administrative Services shall review each grant application for a school building project for compliance with educational requirements and on the basis of categories for building projects established by the Commissioner of Administrative Services in accordance with this section. The Commissioner of Education shall evaluate, if appropriate, whether the project will assist the state in meeting its obligations pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, as determined by the Commissioner of Education. The Commissioner of Administrative Services shall consult with the Commissioner of Education in reviewing grant applications submitted for purposes of subsection (a) of section 10-65 or section 10-76e on the basis of the educational needs of the applicant. The Commissioner of Administrative Services shall review each grant application for a school building project for compliance with standards for school building projects pursuant to regulations, adopted in accordance with section 10-287c, and, on and after July 1, 2014, the school safety infrastructure criteria, [developed by the School Safety Infrastructure Council pursuant to] described in section 10-292r. Notwithstanding the provisions of this chapter, the Board of Trustees of the Community-Technical Colleges on behalf of Quinebaug Valley Community College and Three Rivers Community College and the following entities that will operate an interdistrict magnet school that
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will assist the state in meeting its obligations pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, as determined by the Commissioner of Education, may apply for and shall be eligible to receive grants for school building projects pursuant to section 10-264h for such a school: (A) The Board of Trustees of the Community-Technical Colleges on behalf of a regional community-technical college, (B) the Board of Trustees of the Connecticut State University System on behalf of a state university, (C) the Board of Trustees for The University of Connecticut on behalf of the university, (D) the board of governors for an independent institution of higher education, as defined in subsection (a) of section 10a-173, or the equivalent of such a board, on behalf of the independent institution of higher education, (E) cooperative arrangements pursuant to section 10- 158a, and (F) any other third-party not-for-profit corporation approved by the Commissioner of Education. (2) The Commissioner of Administrative Services shall assign each school building project to a category on the basis of whether such project is primarily required to: (A) Create new facilities or alter existing facilities to provide for mandatory instructional programs pursuant to this chapter, for physical education facilities in compliance with Title IX of the Elementary and Secondary Education Act of 1972 where such programs or such compliance cannot be provided within existing facilities or for the correction of code violations which cannot be reasonably addressed within existing program space; (B) create new facilities or alter existing facilities to enhance mandatory instructional programs pursuant to this chapter or provide comparable facilities among schools to all students at the same grade level or levels within the school district unless such project is otherwise explicitly included in another category pursuant to this section; and (C) create new facilities or alter existing facilities to provide supportive services, provided in no event shall such supportive services include swimming pools, auditoriums, outdoor athletic facilities, tennis courts, elementary school
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playgrounds, site improvement or garages or storage, parking or general recreation areas. All applications submitted prior to July first shall be reviewed promptly by the Commissioner of Administrative Services. The Commissioner of Administrative Services shall estimate the amount of the grant for which such project is eligible, in accordance with the provisions of section 10-285a, provided an application for a school building project determined by the Commissioner of Education to be a project that will assist the state in meeting its obligations pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, as determined by the Commissioner of Education, shall have until September first to submit an application for such a project and may have until December first of the same year to secure and report all local and state approvals required to complete the grant application. The Commissioner of Administrative Services shall annually prepare a listing of all such eligible school building projects listed by category together with the amount of the estimated grants for such projects and shall submit the same to the Governor, the Secretary of the Office of Policy and Management and the General Assembly on or before the fifteenth day of December, except as provided in section 10-283a, with a request for authorization to enter into grant commitments. On or before December thirty-first annually, the Secretary of the Office of Policy and Management may submit comments and recommendations regarding each eligible project on such listing of eligible school building projects to the school construction committee, established pursuant to section 10-283a. Each such listing shall include a report on the following factors for each eligible project: (i) An enrollment projection and the capacity of the school, (ii) a substantiation of the estimated total project costs, (iii) the readiness of such eligible project to begin construction, (iv) efforts made by the local or regional board of education to redistrict, reconfigure, merge or close schools under the jurisdiction of such board prior to submitting an application under this section, (v) enrollment and capacity information for all of the schools under the jurisdiction of such board for the five
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years prior to application for a school building project grant, (vi) enrollment projections and capacity information for all of the schools under the jurisdiction of such board for the eight years following the date such application is submitted, and (vii) the state's education priorities relating to reducing racial and economic isolation for the school district. On and after July 1, 2022, each such listing shall include an addendum that contains all grants approved pursuant to subsection (b) of this section during the prior fiscal year. For the period beginning July 1, 2006, and ending June 30, 2012, no project, other than a project for a technical education and career school, may appear on the separate schedule of authorized projects which have changed in cost more than twice. On and after July 1, 2012, no project, other than a project for a technical education and career school, may appear on the separate schedule of authorized projects which have changed in cost more than once, except the Commissioner of Administrative Services may allow a project to appear on such separate schedule of authorized projects a second time if the town or regional school district for such project can demonstrate that exigent circumstances require such project to appear a second time on such separate schedule of authorized projects. Notwithstanding any provision of this chapter, no projects which have changed in scope or cost to the degree determined by the Commissioner of Administrative Services, in consultation with the Commissioner of Education, shall be eligible for reimbursement under this chapter unless it appears on such list. The percentage determined pursuant to section 10-285a at the time a school building project on such schedule was originally authorized shall be used for purposes of the grant for such project. On and after July 1, 2006, a project that was not previously authorized as an interdistrict magnet school shall not receive a higher percentage for reimbursement than that determined pursuant to section 10-285a at the time a school building project on such schedule was originally authorized. The General Assembly shall annually authorize the Commissioner of Administrative Services to enter into grant commitments on behalf of the state in accordance with the
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commissioner's categorized listing for such projects as the General Assembly shall determine. The Commissioner of Administrative Services may not enter into any such grant commitments except pursuant to such legislative authorization. Any regional school district which assumes the responsibility for completion of a public school building project shall be eligible for a grant pursuant to subdivision (5) or (6), as the case may be, of subsection (a) of section 10-286 when such project is completed and accepted by such regional school district. Sec. 373. Subsection (b) of section 10-283 of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (b) [(1)] Notwithstanding the application date requirements of this section, at any time within the limit of available grant authorization and within the limit of appropriated funds, the Commissioner of Administrative Services, in consultation with the Commissioner of Education, may approve applications for grants and make payments for such grants, for any of the following reasons: (A) To assist school building projects to remedy damage from fire and catastrophe, (B) to correct safety, health and other code violations, (C) to replace roofs, including the replacement or installation of skylights as part of the roof replacement project, (D) to remedy a certified school indoor air quality emergency, (E) to install insulation for exterior walls and attics, or (F) to purchase and install a limited use and limited access elevator, windows, photovoltaic panels, wind generation systems, building management systems [, a public school administrative or service facility] or portable classroom buildings, provided portable classroom building projects shall not create a new facility or cause an existing facility to be modified so that the portable buildings comprise a substantial percentage of the total facility area, as determined by the commissioner. [, or (G) for school security projects, including, but not limited to, making improvements to existing school security infrastructure or installing new school security
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infrastructure.] [(2) Not later than seven calendar days following the discovery of a reason described in subparagraphs (A) to (F), inclusive, of subdivision (1) of this subsection, the superintendent of schools of a town or regional school district shall notify the Commissioner of Administrative Services in writing of such reason in order to be eligible for a grant under this subsection. Such superintendent shall submit an application to the commissioner not later than six months following such notification in order to receive a grant under this subsection.] Sec. 374. Subsection (d) of section 10-287 of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (d) (1) Each town or regional school district shall submit a final grant application to the Department of Administrative Services within one year from the date of completion and acceptance of the school building project by the town or regional school district. If a town or regional school district fails to submit a final grant application within said period of time, the commissioner may withhold ten per cent of the state reimbursement for such project. (2) (A) On and after July 1, 2022, each town or regional school district shall submit a notice of project completion within three years from the date of the issuance of a certificate of occupancy for the school building project by the town or regional school district. If a town or regional school district fails to submit such notice of project completion within said period of time, the commissioner shall deem such project completed and conduct an audit of such project in accordance with the provisions of this chapter. (B) For any school building project authorized by the General Assembly prior to July 1, 2022, the commissioner shall deem as complete
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any such project in which a certificate of occupancy has been granted, but for which a notice of project completion has not been submitted by the town or regional school district on or before July 1, 2025. Sec. 375. Section 10-292q of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) There is established a School Building Projects Advisory Council. The council shall consist of: (1) The Secretary of the Office of Policy and Management, or the secretary's designee, (2) the Commissioner of Administrative Services, or the commissioner's designee, (3) the Commissioner of Education, or the commissioner's designee, and (4) [five] six members appointed by the Governor, one of whom shall be a person with experience in school building project matters, one of whom shall be a person with experience in architecture, one of whom shall be a person with experience in engineering, one of whom shall be a person with experience in school safety, [and] one of whom shall be a person with experience with the administration of the State Building Code, and one of whom shall be a person with experience and expertise in construction for students with disabilities and the accessibility provisions of the Americans with Disabilities Act, 42 USC 12101 et seq. The chairperson of the council shall be the Commissioner of Administrative Services, or the commissioner's designee. A person employed by the Department of Administrative Services who is responsible for school building projects shall serve as the administrative staff of the council. The council shall meet at least quarterly to discuss matters relating to school building projects. (b) The School Building Projects Advisory Council shall (1) develop model blueprints for new school building projects that are in accordance with industry standards for school buildings and the school safety infrastructure criteria, developed pursuant to section 10-292r, (2) conduct studies, research and analyses, [and] (3) make recommendations for improvements to the school building projects
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processes to the Governor and the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies, education and finance, revenue and bonding, and (4) periodically review and update, as necessary, the school safety infrastructure criteria developed pursuant to section 10-292r. Sec. 376. Subsection (b) of section 10-287 of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (b) (1) All orders and contracts for school building construction receiving state assistance under this chapter, except as provided in subdivisions (2) to (4), inclusive, of this subsection, shall be awarded to the lowest responsible qualified bidder only after a public invitation to bid, [which shall be advertised in a newspaper having circulation in the town in which construction is to take place,] except for (A) school building projects for which the town or regional school district is using a state contract pursuant to subsection (d) of section 10-292, and (B) change orders, those contracts or orders costing less than ten thousand dollars and those of an emergency nature, as determined by the Commissioner of Administrative Services, in which cases the contractor or vendor may be selected by negotiation, provided no local fiscal regulations, ordinances or charter provisions conflict. (2) All orders and contracts for architectural services shall be awarded from a pool of not more than the four most responsible qualified proposers after a public selection process. Such process shall, at a minimum, involve requests for qualifications, followed by requests for proposals, including fees, from the proposers meeting the qualifications criteria of the request for qualifications process. [Public advertisements shall be required in a newspaper having circulation in the town in which construction is to take place, except for school building projects for which the town or regional school district is using
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a state contract pursuant to subsection (d) of section 10-292.] Following the qualification process, the awarding authority shall evaluate the proposals to determine the four most responsible qualified proposers using those criteria previously listed in the requests for qualifications and requests for proposals for selecting architectural services specific to the project or school district. Such evaluation criteria shall include due consideration of the proposer's pricing for the project, experience with work of similar size and scope as required for the order or contract, organizational and team structure, including any subcontractors to be utilized by the proposer, for the order or contract, past performance data, including, but not limited to, adherence to project schedules and project budgets and the number of change orders for projects, the approach to the work required for the order or contract and documented contract oversight capabilities, and may include criteria specific to the project. Final selection by the awarding authority is limited to the pool of the four most responsible qualified proposers and shall include consideration of all criteria included within the request for proposals. As used in this subdivision, "most responsible qualified proposer" means the proposer who is qualified by the awarding authority when considering price and the factors necessary for faithful performance of the work based on the criteria and scope of work included in the request for proposals. (3) (A) All orders and contracts for construction management services shall be awarded from a pool of not more than the four most responsible qualified proposers after a public selection process. Such process shall, at a minimum, involve requests for qualifications, followed by requests for proposals, including fees, from the proposers meeting the qualifications criteria of the request for qualifications process. [Public advertisements shall be required in a newspaper having circulation in the town in which construction is to take place, except for school building projects for which the town or regional school district is using a state contract pursuant to subsection (d) of section 10-292.] Following
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the qualification process, the awarding authority shall evaluate the proposals to determine the four most responsible qualified proposers using those criteria previously listed in the requests for qualifications and requests for proposals for selecting construction management services specific to the project or school district. Such evaluation criteria shall include due consideration of the proposer's pricing for the project, experience with work of similar size and scope as required for the order or contract, organizational and team structure for the order or contract, past performance data, including, but not limited to, adherence to project schedules and project budgets and the number of change orders for projects, the approach to the work required for the order or contract, [including on and after July 1, 2022, whether the proposer intends to self-perform any project element and the benefit to the awarding authority that will result from such self-performance,] and documented contract oversight capabilities, and may include criteria specific to the project. Final selection by the awarding authority is limited to the pool of the four most responsible qualified proposers and shall include consideration of all criteria included within the request for proposals. As used in this subdivision, "most responsible qualified proposer" means the proposer who is qualified by the awarding authority when considering price and the factors necessary for faithful performance of the work based on the criteria and scope of work included in the request for proposals. (B) [On and after July 1, 2022, upon the written approval of the Commissioner of Administrative Services, an awarding authority may permit a construction manager to self-perform a portion of the construction work if the awarding authority and the commissioner determine that the construction manager can self-perform the work more cost-effectively than a subcontractor. All work not performed by the construction manager shall be performed by trade subcontractors selected by a process approved by the awarding authority and the commissioner.] The construction manager's contract shall include a
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guaranteed maximum price for the cost of construction. Such guaranteed maximum price shall be determined not later than ninety days after the selection of the trade [subcontractors. Construction] subcontractor bids. Each construction manager shall invite bids and give notice of opportunities to bid on project elements on the State Contracting Portal. Each bid shall be kept sealed until opened publicly at the time and place set forth in the notice soliciting such bid. The construction manager shall, after consultation and approval by the town or regional school district, award any related contracts for project elements to the responsible qualified contractor submitting the lowest bid in compliance with the bid requirements, provided that (i) the construction manager shall not be eligible to submit a bid for any such project element, and (ii) construction shall not begin prior to the determination of the guaranteed maximum price, except work relating to site preparation and demolition may commence prior to such determination. (4) All orders and contracts for any other consultant services, including, but not limited to, consultant services rendered by an owner's representatives, construction administrators, program managers, environmental professionals, planners and financial specialists, shall comply with the public selection process described in subdivision (2) of this subsection. No costs associated with an order or contract for such consultant services shall be eligible for state financial assistance under this chapter unless such order or contract receives prior approval from the Commissioner of Administrative Services. Sec. 377. Subsection (a) of section 10-265h of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) The Commissioner of Administrative Services, in consultation with the Commissioner of Education, shall establish, within available bond authorizations, a grant program to assist alliance districts, as
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defined in section 10-262u, in paying for general improvements to school buildings. For purposes of this section "general improvements to school buildings" means work that (1) is generally not eligible for reimbursement pursuant to chapter 173, and (2) is to (A) replace windows, doors, boilers and other heating and ventilation system components, internal communications and technology systems, lockers, floors, cafeteria equipment and ceilings, including the installation of new drop ceilings, (B) upgrade restrooms including the replacement of fixtures and related water supplies and drainage, (C) upgrade and replace lighting, including energy efficient upgrades to lighting systems and controls to increase efficiency, and reduce consumption levels and cost, (D) upgrade entryways, driveways, parking areas, play areas and athletic fields, (E) upgrade equipment, including, but not limited to, the following equipment purchased on or after November 1, 2017: Cabinets, computers, laptops and related equipment and accessories, (F) repair roofs, including the installation of energy efficient fixtures and systems and environmental enhancements, or (G) install or upgrade security equipment that is consistent with the school safety infrastructure [standards, developed by the School Safety Infrastructure Council, pursuant to] criteria described in section 10-292r, including, but not limited to, video surveillance devices and fencing, provided "general improvements to school buildings" may include work not specified in this subdivision if the alliance district provides justification for such work acceptable to the Commissioner of Administrative Services, but shall not include routine maintenance such as painting, cleaning, equipment repair or other minor repairs or work done at the administrative facilities of a board of education. Sec. 378. Subsection (a) of section 10-284 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) The Commissioner of Administrative Services shall have
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authority to receive and review applications for state grants under this chapter, and to approve any such application, or to disapprove any such application if (1) it does not comply with the requirements of the State Fire Marshal or the Department of Public Health, (2) it is not accompanied by a life-cycle cost analysis approved by the Commissioner of Administrative Services, (3) it does not comply with the provisions of sections 10-290d and 10-291, (4) it does not meet (A) the standards or requirements established in regulations adopted in accordance with section 10-287c, or (B) school building categorization requirements described in section 10-283, (5) the estimated construction cost exceeds the per square foot cost for schools established in regulations adopted by the Commissioner of Administrative Services for the county in which the project is proposed to be located, (6) on and after July 1, 2014, the application does not comply with the school safety infrastructure criteria [developed by the School Safety Infrastructure Council, pursuant to] described in section 10-292r, except the Commissioner of Administrative Services may waive any of the provisions of the school safety infrastructure criteria if the commissioner determines that the application demonstrates that the applicant has made a good faith effort to address such criteria and that compliance with such criteria would be infeasible, unreasonable or excessively expensive, (7) the Commissioner of Education determines that the proposed educational specifications for or theme of the project for which the applicant requests a state grant duplicates a program offered by a technical education and career school or an interdistrict magnet school in the same region, or (8) on and after July 1, 2018, a regional educational service center is designated as the project manager in the application. Sec. 379. Subsection (a) of section 10-292 of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) Upon receipt by the Commissioner of Administrative Services of
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the final plans for any phase of a school building project as provided in section 10-291, said commissioner shall promptly review such plans and check them to the extent appropriate for the phase of development or construction for which final plans have been submitted to determine whether they conform with the requirements of the Fire Safety Code, the Department of Public Health, the life-cycle cost analysis approved by the Commissioner of Administrative Services, the State Building Code and the state and federal standards for design and construction of public buildings to meet the needs of persons with disabilities and the school safety infrastructure criteria, [developed by the School Safety Infrastructure Council, pursuant to] described in section 10-292r, and if acceptable a final written approval of such phase shall be sent to the town or regional board of education and the school building committee. No phase of a school building project, subject to the provisions of subsection (c) or (d) of this section, shall go out for bidding purposes prior to such written approval. Sec. 380. (Effective from passage) Notwithstanding the provisions of section 10-283 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section requiring a completed grant application be submitted prior to June 30, 2021, the school building project, including the installation of an artificial turf athletic field, at E. C. Goodwin Technical High School with costs not to exceed forty-five million dollars, shall be included in section 362 of this act and shall subsequently be considered for a grant commitment from the state, provided an application for such school building project is filed prior to October 1, 2023, and meets all other provisions of chapter 173 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said chapter and is eligible for grant assistance pursuant to said chapter. Sec. 381. (Effective from passage) Notwithstanding the provisions of
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section 10-285a of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section concerning the reimbursement percentage that a local board of education may be eligible to receive for a school building project, the town of Stamford may use the reimbursement rate of eighty per cent for the new construction project at Westhill High School (Project Number 22DASY135280N0622), provided the local board of education for the town of Stamford (1) establishes a pathway-to-career regional program at the new Westhill High School and such program enrolls students from and shares services with surrounding towns to reduce racial isolation in the community, and (2) meets all other provisions of chapter 173 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said chapter and is eligible for grant assistance pursuant to said chapter. Sec. 382. (Effective from passage) (a) Notwithstanding the provisions of section 10-283 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section requiring a completed grant application be submitted prior to June 30, 2021, for any school building project that was previously authorized and that has changed substantially in scope or cost and is seeking reauthorization, the new construction project at Torrington Middle & High School (Project Number 143-0076 N) with costs not to exceed one hundred seventy-nine million five hundred seventy-five thousand dollars shall be included in section 362 of this act and shall subsequently be considered for a grant commitment from the state, provided the town of Torrington meets all other provisions of chapter 173 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said chapter and is eligible for grant assistance pursuant to said chapter.
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(b) Notwithstanding the provisions of section 10-285a of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section concerning the reimbursement percentage that a local board of education may be eligible to receive for a school building project for any school build project that was previously authorized and that has changed substantially in scope or cost and is seeking reauthorization, the town of Torrington may use the reimbursement rate of eighty-five per cent for the reauthorized amount of the new construction project at Torrington Middle & High School (Project Number 143-0076 N), provided the town of Torrington meets all other provisions of chapter 173 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said chapter and is eligible for grant assistance pursuant to said chapter. (c) (1) Notwithstanding the provisions of section 10-285a of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section concerning the reimbursement percentage that a local board of education may be eligible to receive for a school building project, the town of Torrington may use the reimbursement rate of eighty-five per cent for the construction of a central administration facility as part of the board of education/central administration facility and new construction project at Torrington Middle & High School (Project Number 143-0077 BE/N). (2) Notwithstanding the provisions of subdivision (3) of subsection (a) of section 10-286 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services limiting reimbursement to one-half of the eligible percentage of the net eligible cost of construction to a town for construction, the town of Torrington shall receive full reimbursement of the reimbursement percentage described in subdivision (1) of this subsection of the net
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eligible cost of the board of education/central administration facility and new construction project at Torrington Middle & High School. Sec. 383. Section 5 of public act 20-8 of the September special session is repealed and the following is substituted in lieu thereof (Effective from passage): (a) Notwithstanding the provisions of section 10-283 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section [10- 283] requiring a completed grant application be submitted prior to June 30, 2019, the new construction project at Norwalk High School in the town of Norwalk with costs not to exceed [one hundred eighty-nine] two hundred thirty-nine million dollars shall be included in subdivision (1) of section 1 of [this act] public act 20-8 of the September special session and shall subsequently be considered for a grant commitment from the state, provided the town of Norwalk files an application for such school building project prior to December 31, 2020, and meets all other provisions of chapter 173 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said chapter [173] and is eligible for grant assistance pursuant to said chapter. [173.] (b) Except as otherwise provided in subsections (c) and (d) of this section, notwithstanding the provisions of section 10-285a of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section [10- 285a] concerning the reimbursement percentage that a local board of education may be eligible to receive for a school building project, the town of Norwalk may use the reimbursement rate of eighty per cent for the new construction project at Norwalk High School, provided the local board of education for the town of Norwalk (1) establishes a pathways in technology early college high school program at the new Norwalk High School and such program enrolls students from surrounding
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towns with priority given to students from Stamford and Bridgeport, and (2) does not restrict students who are not enrolled in an arts pathways program offered at Norwalk High School from joining or otherwise participating in any arts or music program offered as part of the regular school curriculum or any extracurricular arts or music- related program. (c) (1) Notwithstanding the provisions of section 10-285a of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section [10-285a] concerning the reimbursement percentage that a local board of education may be eligible to receive for a school building project, the town of Norwalk may use the reimbursement rate of fifty per cent for the construction of a natatorium as part of the new construction project at Norwalk High School. (2) Notwithstanding the provisions of subdivision (3) of subsection (a) of section 10-286 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services limiting reimbursement to one-half of the eligible percentage of the net eligible cost of construction to a town for construction, the town of Norwalk shall receive full reimbursement of the reimbursement percentage described in subdivision (1) of this subsection of the net eligible cost of the new construction project at Norwalk High School. (d) Notwithstanding the provisions of section 10-285a of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section [10- 285a] concerning the reimbursement percentage that a local board of education may be eligible to receive for a school building project, the town of Norwalk may use the reimbursement rate of fifty per cent for site acquisition costs associated with the purchase of any parcels of land adjacent to the site of the new construction project at Norwalk High School.
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Sec. 384. (Effective from passage) (a) Notwithstanding the provisions of section 10-283 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section requiring a completed grant application be submitted prior to June 30, 2021, the new construction project at Danbury Career Academy at Cartus (Project Number 034-0153 N) in the town of Danbury with costs not to exceed one hundred fifty-four million dollars shall be included in subdivision (1) of section 362 of this act and shall subsequently be considered for a grant commitment from the state, provided the town of Danbury files an application for such school building project prior to October 1, 2022, and meets all other provisions of chapter 173 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said chapter and is eligible for grant assistance pursuant to said chapter. (b) Notwithstanding the provisions of section 10-285a of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section concerning the reimbursement percentage that a local board of education may be eligible to receive for a school building project, the town of Danbury may use the reimbursement rate of eighty per cent for the new construction project, including site acquisition, limited eligible costs and the associated board of education/central administration facility project, at Danbury Career Academy at Cartus. (c) Notwithstanding the provisions of section 10-286 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section concerning the calculation of grants using the state standard space specifications, the town of Danbury shall be exempt from the state standard space specifications for the purpose of the calculation of the grant for the new construction project at Danbury Career Academy at
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Cartus. (d) Notwithstanding the provisions of section 10-285a of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section concerning the reimbursement percentage that a local board of education may be eligible to receive for a school building project, the town of Danbury may use the reimbursement rate of eighty per cent for site acquisition costs associated with the purchase of any parcels of land adjacent to the site of the new construction project at Danbury Career Academy at Cartus. (e) Notwithstanding the provisions of section 10-283 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section concerning ineligible costs, the town of Danbury shall be eligible to receive reimbursement for certain ineligible costs for the new construction project at Danbury Career Academy at Cartus, provided such ineligible costs do not exceed nine hundred ninety-two thousand eight hundred forty-two dollars. Sec. 385. (Effective from passage) (a) Notwithstanding the provisions of section 10-285a of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section concerning the reimbursement percentage that a local board of education may be eligible to receive for a school building project, the town of Farmington may use the reimbursement rate of thirty per cent for the new construction project at Farmington High School (Project Number 052-0076 N). (b) (1) Notwithstanding the provisions of section 10-285a of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section concerning the reimbursement percentage that a local board
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of education may be eligible to receive for a school building project, the town of Farmington may use the reimbursement rate of thirty per cent for the construction of outdoor athletic facilities as part of the new construction project at Farmington High School (Project Number 052- 0076 N). (2) Notwithstanding the provisions of subdivision (3) of subsection (a) of section 10-286 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services limiting reimbursement to one-half of the eligible percentage of the net eligible cost of construction to a town for the construction, extension or major alteration of outdoor athletic facilities, the town of Farmington shall receive full reimbursement of the reimbursement percentage described in subdivision (1) of this subsection of the net eligible cost of the construction of outdoor athletics facilities as part of the new construction project at Farmington High School (Project Number 052-0076 N). Sec. 386. (Effective from passage) (a) Notwithstanding the provisions of section 10-285a of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section concerning the reimbursement percentage that a local board of education may be eligible to receive for a school building project, the town of Farmington may use the reimbursement rate of thirty per cent for the board of education/central administration facility project at Farmington High School (Project Number 052-0077 BOE). (b) Notwithstanding the provisions of subdivision (3) of subsection (a) of section 10-286 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services limiting reimbursement to one-half of the eligible percentage of the net eligible cost of construction to a town for construction, the town of Farmington shall receive full reimbursement of the reimbursement percentage described in subsection (a) of this section of the net eligible
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cost of the board of education/central administration facility project at Farmington High School (Project Number 052-0077 BOE). Sec. 387. (Effective from passage) (a) Notwithstanding the provisions of section 10-283 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section requiring a completed grant application be submitted prior to June 30, 2021, the renovation and extension and alteration project at Windermere Elementary School (Project Number 048-0060 RNV/EA) in the town of Ellington with costs not to exceed sixty-one million six hundred forty thousand dollars shall be included in subdivision (1) of section 362 of this act and shall subsequently be considered for a grant commitment from the state, provided the town of Ellington files an application for such school building project prior to October 1, 2022, and meets all other provisions of chapter 173 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said chapter and is eligible for grant assistance pursuant to said chapter. (b) Notwithstanding the provisions of section 10-285a of the general statutes, or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section concerning the reimbursement percentage that a local board of education may be eligible to receive for a school building project, the town of Ellington may use the reimbursement rate of seventy per cent for the renovation and extension and alteration project at Windermere Elementary School to address the presence of pyrrhotite in the foundation. Sec. 388. (Effective from passage) (a) Notwithstanding the provisions of section 10-285a of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section concerning the reimbursement percentage that a local board of education may be eligible to receive for a school building
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project, the town of Manchester may use the reimbursement rate of eighty-three and seventy-seven-one hundredths per cent for the renovation project at Keeney Elementary School (Project Number 22DASY077241RNV0622), provided the local board of education for the town of Manchester meets all other provisions of chapter 173 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said chapter and is eligible for grant assistance pursuant to said chapter. (b) Notwithstanding the provisions of section 10-283 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services providing that grant commitments lapse on the June thirtieth of the year following the year of legislative authorization unless, prior to such date, the town has filed notice with the Department of Administrative Services that the town has completed all necessary steps under its charter and the general statutes to appropriate sufficient funds to pay for the project and any site acquisition costs for the project; authorized bonding or other means of financing the appropriation; been authorized to apply for and accept state grants for the project; and authorized the building committee to carry out the project, the town of Manchester shall be eligible for a grant for the renovation project at Keeney Elementary School. Sec. 389. (Effective from passage) Notwithstanding the provisions of section 10-283 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section requiring a completed grant application be submitted prior to June 30, 2021, for any school build project that was previously authorized and that has changed substantially in scope or cost and is seeking reauthorization, the code violation project at New Fairfield High School (Project Number 091-0046 CV) with costs not to exceed one million one hundred eighteen thousand five hundred fifty- one dollars shall be included in section 362 of this act and shall
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subsequently be considered for a grant commitment from the state, provided the town of New Fairfield meets all other provisions of chapter 173 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said chapter and is eligible for grant assistance pursuant to said chapter. Sec. 390. (Effective from passage) (a) Notwithstanding the provisions of section 10-283 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section concerning ineligible costs, the town of New Fairfield shall be eligible to receive reimbursement for certain ineligible costs associated with the alterations to the existing school building areas and related site work, technology, and furniture, fixtures and equipment, as well as site work related to the demolition at the former preschool to grade two facility, for the extension and alteration project at Consolidated Early Learning Academy at Meeting Hill House School (Project Number 091-0045 EA), provided such ineligible costs do not exceed two million nine hundred thousand dollars. (b) Notwithstanding the provisions of section 10-286 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section concerning the calculation of grants using the state standard space specifications, the town of New Fairfield shall be exempt from the state standard space specifications for the purpose of the calculation of the grant for the extension and alteration project at Consolidated Early Learning Academy at Meeting Hill House School. Sec. 391. (Effective from passage) Notwithstanding the provisions of subparagraph (A) of subdivision (3) of subsection (a) of section 10-283 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section concerning the beginning of the amortization period for a project on the date a project was accepted as complete by a local or
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regional board of education and the inclusion as an addendum to the priority list those towns requesting forgiveness of a refund to the state for the unamortized balance of the state grant remaining as of the date of the abandonment, sale, lease, demolition or redirection of a school building project to other than a public school use during such amortization period, the state shall grant forgiveness to the town of New Fairfield for projects accepted as complete by the local board of education for the town at meetings held on October 19, 2017, May 2, 2019, and June 6, 2019. Sec. 392. (Effective from passage) (a) Notwithstanding the provisions of section 10-283 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section concerning ineligible costs, the town of Seymour shall be eligible to receive reimbursement and release of final retainage for certain ineligible costs associated with ineligible panels for the roof replacement and energy conservation project at Seymour High School (Project Number 124-0055 RR/EC). (b) Notwithstanding the provisions of section 10-292 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services requiring that a bid not be let out until plans and specifications have been approved by the Department of Administrative Services, the town of Seymour may let out for bid on and commence a project for roof replacement and energy conservation at Seymour High School and shall be eligible to subsequently be considered for a grant commitment from the state, provided plans and specifications have been approved by the Department of Administrative Services. (c) Notwithstanding the provisions of section 10-286 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section concerning the calculation of grants using the state standard space
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specifications, the town of Seymour shall be exempt from the state standard space specifications for the purpose of the calculation of the grant for the roof replacement and energy conservation project at Seymour High School. Sec. 393. (Effective from passage) (a) Notwithstanding the provisions of section 10-283 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section concerning ineligible costs, the town of Seymour shall be eligible to receive reimbursement and release of final retainage for certain ineligible costs associated with ineligible panels for the roof replacement and energy conservation project at Bungay Elementary School (Project Number 124-0056 RR/EC). (b) Notwithstanding the provisions of section 10-292 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services requiring that a bid not be let out until plans and specifications have been approved by the Department of Administrative Services, the town of Seymour may let out for bid on and commence a project for roof replacement and energy conservation at Bungay Elementary School and shall be eligible to subsequently be considered for a grant commitment from the state, provided plans and specifications have been approved by the Department of Administrative Services. (c) Notwithstanding the provisions of section 10-286 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section concerning the calculation of grants using the state standard space specifications, the town of Seymour shall be exempt from the state standard space specifications for the purpose of the calculation of the grant for the roof replacement and energy conservation project at Bungay Elementary School.
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Public Act No. 22-118 528 of 739
Sec. 394. (Effective from passage) (a) Notwithstanding the provisions of section 10-283 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section concerning ineligible costs, the town of Seymour shall be eligible to receive reimbursement and release of final retainage for certain ineligible costs associated with ineligible panels for the energy conservation project at Seymour Middle School (Project Number 124-0057 EC). (b) Notwithstanding the provisions of section 10-292 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services requiring that a bid not be let out until plans and specifications have been approved by the Department of Administrative Services, the town of Seymour may let out for bid on and commence a project for energy conservation at Seymour Middle School and shall be eligible to subsequently be considered for a grant commitment from the state, provided plans and specifications have been approved by the Department of Administrative Services. (c) Notwithstanding the provisions of section 10-286 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section concerning the calculation of grants using the state standard space specifications, the town of Seymour shall be exempt from the state standard space specifications for the purpose of the calculation of the grant for the energy conservation project at Seymour Middle School. Sec. 395. (Effective from passage) (a) Notwithstanding the provisions of section 10-283 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section requiring a completed grant application be submitted prior to June 30, 2021, for any school build project that was previously authorized and that has changed substantially in scope or
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Public Act No. 22-118 529 of 739
cost and is seeking reauthorization, the new construction project at Bassick High School (Project Number 015-0180 N) with costs not to exceed one hundred twenty-nine million dollars shall be included in section 362 of this act and shall subsequently be considered for a grant commitment from the state, provided the town of Bridgeport meets all other provisions of chapter 173 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said chapter and is eligible for grant assistance pursuant to said chapter. (b) Notwithstanding the provisions of section 10-285a of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section concerning the reimbursement percentage that a local board of education may be eligible to receive for a school building project for any school build project that was previously authorized and that has changed substantially in scope or cost and is seeking reauthorization, the town of Bridgeport may use the reimbursement rate of seventy-eight and ninety-three-hundredths per cent for the reauthorized amount of the new construction project at Bassick High School, provided the town of Bridgeport meets all other provisions of chapter 173 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said chapter and is eligible for grant assistance pursuant to said chapter. (c) Notwithstanding the provisions of section 10-283 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section requiring that the description of a project type for a school building project be made at the time of application for a school building project grant, the town of Bridgeport may change the description and scope of the new construction project at Bassick High School to include land acquisition and site remediation costs, provided the total project costs
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for the new construction project do not exceed one hundred twenty-nine million dollars. (d) Notwithstanding the provisions of section 10-283 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section concerning ineligible costs, the town of Bridgeport shall be eligible to receive reimbursement for certain ineligible costs associated with land acquisition and site remediation costs for the new construction project at Bassick High School. Sec. 396. (Effective from passage) Notwithstanding the provisions of section 10-283 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section requiring a completed grant application be submitted prior to June 30, 2021, for any school build project that was previously authorized and that has changed substantially in scope or cost and is seeking reauthorization, the extension and alteration project at Memorial Boulevard Intradistrict Arts Magnet School (Project Number 017-0084 EA) with costs not to exceed sixty-three million dollars shall be included in section 362 of this act and shall subsequently be considered for a grant commitment from the state, provided the town of Bristol meets all other provisions of chapter 173 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said chapter and is eligible for grant assistance pursuant to said chapter. Sec. 397. (Effective from passage) Notwithstanding the provisions of section 10-286 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section concerning the calculation of grants using the state standard space specifications, the town of Granby shall be exempt from the state standard space specifications for the purpose of the calculation of the grant for the alteration project at Granby Memorial
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High School (Project Number 22DASY056052A0622). Sec. 398. Section 117 of public act 21-111 is repealed and the following is substituted in lieu thereof (Effective from passage): Notwithstanding the provisions of section 10-283 of the general statutes [,] or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section requiring that the description of a project type for a school building project be made at the time of application for a school building project grant, the town of New Britain may change the description and scope of the renovation project at Chamberlain Elementary School (Project Number 20DASY089169RNV0620) to include the construction of preschool facilities on a site reviewed and approved by the Department of Administrative Services, provided the total project costs for the renovation project do not exceed seventy-five million dollars. Sec. 399. Section 11 of public act 19-1 of the July special session is repealed and the following is substituted in lieu thereof (Effective from passage): Notwithstanding the provisions of section 10-285a of the general statutes, as amended by [this act] public act 19-1 of the July special session, or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section [10- 285a] concerning the reimbursement percentage that a local board of education may be eligible to receive for a school building project, the town of Hartford may use the reimbursement rate of ninety-five per cent for any school building project related to the implementation of the District Model for Excellence Restructuring Recommendations and School Closures approved by the board of education for the Hartford school district on January 23, 2018, provided the town of Hartford files an application for such school building project prior to June 30, [2022] 2024, and meets all other provisions of chapter 173 of the general
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statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said chapter [173] and is eligible for grant assistance pursuant to said chapter. [173.] Sec. 400. (Effective from passage) (a) Notwithstanding the provisions of section 10-283 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section requiring a completed grant application be submitted prior to June 30, 2021, for any school building project that was previously authorized and that has changed substantially in scope or cost and is seeking reauthorization, the board of education/central administration facility project at Bulkeley High School (Project Number 064-0314 BE) with costs not to exceed twenty-nine million seven hundred fifty thousand dollars shall be included in section 362 of this act and shall subsequently be considered for a grant commitment from the state, provided the town of Hartford meets all other provisions of chapter 173 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said chapter and is eligible for grant assistance pursuant to said chapter. (b) (1) Notwithstanding the provisions of section 10-285a of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section concerning the reimbursement percentage that a local board of education may be eligible to receive for a school building project, the town of Hartford may use the reimbursement rate of ninety-five per cent for the construction of a central administration facility as part of the board of education/central administration facility project at Bulkeley High School. (2) Notwithstanding the provisions of subdivision (3) of subsection (a) of section 10-286 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative
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Services limiting reimbursement to one-half of the eligible percentage of the net eligible cost of construction to a town for the construction, extension or major alteration of a public school administrative or service facility, the town of Hartford shall receive full reimbursement of the reimbursement percentage described in subdivision (1) of this subsection of the net eligible cost of the board of education/central administration facility project at Bulkeley High School. Sec. 401. (Effective from passage) (a) Notwithstanding the provisions of section 10-286 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section concerning the calculation of grants using the state standard space specifications, the town of Hartford shall be exempt from the state standard space specifications for the purpose of the calculation of the grant for the renovation project at Bulkeley High School (Project Number 064-0313 RNV). (b) (1) Notwithstanding the provisions of section 10-285a of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section concerning the reimbursement percentage that a local board of education may be eligible to receive for a school building project, the town of Hartford may use the reimbursement rate of ninety-five per cent for the renovation of an athletic facility, gymnasium or auditorium as part of the renovation project at Bulkeley High School. (2) Notwithstanding the provisions of subdivision (3) of subsection (a) of section 10-286 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services limiting reimbursement to one-half of the eligible percentage of the net eligible cost of construction to a town for the construction, extension or major alteration of an athletic facility, gymnasium or auditorium, the town of Hartford shall receive full reimbursement of the reimbursement percentage described in subdivision (1) of this
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subsection of the net eligible cost of the board of education/central administration facility project at Bulkeley High School. Sec. 402. (Effective from passage) (a) Notwithstanding the provisions of section 10-283 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section requiring a completed grant application be submitted prior to June 30, 2021, for any school building project that was previously authorized and that has changed substantially in scope or cost and is seeking reauthorization, the extension and alteration project at Nonnewaug High School (Project Number 214-0094 VA/EA) in Region 14 with costs not to exceed one million nine hundred thirty-nine thousand four hundred dollars shall be included in section 362 of this act and shall subsequently be considered for a grant commitment from the state, provided Regional District 14 meets all other provisions of chapter 173 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said chapter and is eligible for grant assistance pursuant to said chapter. (b) Notwithstanding the provisions of section 10-286 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section concerning the calculation of grants using the state standard space specifications, Regional District 14 shall be exempt from the state standard space specifications for the purpose of the calculation of the grant for the extension and alteration project at Nonnewaug High School. Sec. 403. (Effective from passage) (a) Notwithstanding the provisions of section 10-283 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section requiring a completed grant application be submitted prior to June 30, 2021, the interdistrict magnet facility,
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extension and alteration and purchase of site project at Goodwin University PreK School in Rocky Hill (Project Number 542-TBD MAG/EA/PS) with costs not to exceed nineteen million seven hundred fifteen thousand five hundred seventy-four dollars shall be included in subdivision (1) of section 362 of this act and shall subsequently be considered for a grant commitment from the state, provided Goodwin University files an application for such school building project prior to December 31, 2022, and meets all other provisions of chapter 173 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said chapter and is eligible for grant assistance pursuant to said chapter. (b) Notwithstanding the provisions of section 10-264h of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services concerning the reimbursement rate for the construction of interdistrict magnet schools, Goodwin University may use one hundred per cent as the reimbursement rate for the interdistrict magnet facility, extension and alteration and purchase of site project at Goodwin University PreK School in Rocky Hill, provided such project assists the state in meeting its obligations pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, as determined by the Commissioner of Education. (c) Notwithstanding the provisions of section 10-286 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section concerning the calculation of grants using the state standard space specifications, Goodwin University shall be exempt from the state standard space specifications for the purpose of the calculation of the grant for the interdistrict magnet facility, extension and alteration and purchase of site project at Goodwin University PreK School in Rocky Hill.
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Public Act No. 22-118 536 of 739
Sec. 404. (Effective from passage) (a) Notwithstanding the provisions of section 10-283 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section requiring a completed grant application be submitted prior to June 30, 2021, the interdistrict magnet facility and alteration project at Goodwin University Industry 5.0 Magnet Technical High School on the East Hartford Campus (Project Number 542-TBD MAG/A) with costs not to exceed twenty-eight million nine hundred eighty-six thousand seven hundred dollars shall be included in subdivision (1) of section 362 of this act and shall subsequently be considered for a grant commitment from the state, provided Goodwin University files an application for such school building project prior to December 31, 2022, and meets all other provisions of chapter 173 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said chapter and is eligible for grant assistance pursuant to said chapter. (b) Notwithstanding the provisions of section 10-264h of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services concerning the reimbursement rate for the construction of interdistrict magnet schools, Goodwin University may use one hundred per cent as the reimbursement rate for the interdistrict magnet facility and alteration project at Goodwin University Industry 5.0 Magnet Technical High School on the East Hartford Campus, provided such project assists the state in meeting its obligations pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, as determined by the Commissioner of Education. (c) Notwithstanding the provisions of section 10-286 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section concerning the calculation of grants using the state standard space
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Public Act No. 22-118 537 of 739
specifications, Goodwin University shall be exempt from the state standard space specifications for the purpose of the calculation of the grant for the interdistrict magnet facility and alteration project at Goodwin University Industry 5.0 Magnet Technical High School on the East Hartford Campus. Sec. 405. (Effective from passage) (a) Notwithstanding the provisions of section 10-283 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services pursuant to said section requiring a completed grant application be submitted prior to June 30, 2021, the renovation and new addition project at Greater Hartford Academy of the Arts in Hartford with costs not to exceed ninety-five million nine hundred thousand dollars shall be included in subdivision (1) of section 362 of this act and shall subsequently be considered for a grant commitment from the state, provided (1) the Department of Administrative Services, in consultation with Capitol Region Education Council, will be responsible to administer the design and construction components of such project in the same manner as a school building project governed by the provisions and requirements of section 10-283b of the general statutes, (2) the purchase and installation of furniture, fixtures and equipment and move management shall be administered in accordance with the provisions and requirements of section 10-283 of the general statutes, and (3) the Capitol Region Education Council enters into a memorandum of understanding with the Commissioner of Administrative Services with respect to such project. (b) The grant commitment from the state under this section shall be for the total project costs for the renovation and new addition project at Greater Hartford Academy of the Arts in the City of Hartford. Sec. 406. Subdivision (1) of subsection (b) of section 29-252a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022):
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(b) (1) No state or Connecticut Airport Authority building or structure or addition to a state or Connecticut Airport Authority building or structure: (A) That exceeds the threshold limits contained in section 29-276b and requires an independent structural review under said section, or (B) that includes residential occupancies for twenty-five or more persons, shall be constructed until an application has been filed by (i) the commissioner of an agency authorized to contract for the construction of buildings under the provisions of section 4b-1 or 4b-51, or (ii) the executive director of the Connecticut Airport Authority, with the State Building Inspector and a building permit is issued by the State Building Inspector. [Two copies of the plans] Plans and specifications for the building, structure or addition to be constructed shall accompany the application. The commissioner of any such agency or the executive director of the Connecticut Airport Authority shall certify that such plans and specifications are in substantial compliance with the provisions of the State Building Code and, where applicable, with the provisions of the Fire Safety Code. The State Building Inspector shall review the plans and specifications for the building, structure or addition to be constructed to verify their compliance with the requirements of the State Building Code and, not later than thirty days after the date of application, shall issue or refuse to issue the building permit, in whole or in part. The State Building Inspector may request that the State Fire Marshal review such plans to verify their compliance with the Fire Safety Code. Sec. 407. Section 29-254b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): Not later than January 1, 2003, the State Building Inspector and the Codes and Standards Committee, in conjunction with the Commissioner of Administrative Services, shall create a list of variations or exemptions from, or equivalent or alternate compliance with, the State Building Code granted relative to existing buildings in the last two
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calendar years and shall update such list biennially. Not later than April 1, 2003, the Commissioner of Administrative Services shall, within available appropriations, (1) [send such list to all local building officials, (2) take appropriate actions to publicize such list] publish such list on the Internet web site of the Department of Administrative Services, and [(3)] (2) educate local building officials and the public on how to use the list. Sec. 408. Subsection (b) of section 12-704c of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): (b) (1) The credit allowed under this section shall not exceed (A) for taxable years commencing on or after January 1, 2011, but prior to January 1, 2016, three hundred dollars; [and] (B) for taxable years commencing on or after January 1, 2016, but prior to January 1, 2022, two hundred dollars; and (C) for taxable years commencing on or after January 1, 2022, three hundred dollars. In the case of any husband and wife who file a return under the federal income tax for such taxable year as married individuals filing a joint return, the credit allowed, in the aggregate, shall not exceed such amount for each such taxable year. (2) Notwithstanding the provisions of subsection (a) of this section, for the taxable years commencing January 1, 2017, to January 1, [2022] 2021, inclusive, the credit under this section shall be allowed only for a resident of this state (A) who has attained age sixty-five before the close of the applicable taxable year, or (B) who files a return under the federal income tax for the applicable taxable year validly claiming one or more dependents. Sec. 409. Subsection (a) of section 12-704e of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022):
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(a) Any resident of this state, as defined in subdivision (1) of subsection (a) of section 12-701, who is subject to the tax imposed under this chapter for any taxable year shall be allowed a credit against the tax otherwise due under this chapter in an amount equal to the applicable percentage of the earned income credit claimed and allowed for the same taxable year under Section 32 of the Internal Revenue Code, as defined in subsection (a) of section 12-701. As used in this section, "applicable percentage" means (1) twenty-three per cent for taxable years commencing prior to January 1, 2021, [and] (2) thirty and one-half per cent for taxable years commencing on or after January 1, 2021, and (3) forty-one and one-half per cent for taxable years commencing on or after January 1, 2023. Sec. 410. Subparagraph (B) of subdivision (20) of subsection (a) of section 12-701 of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): (B) There shall be subtracted therefrom: (i) To the extent properly includable in gross income for federal income tax purposes, any income with respect to which taxation by any state is prohibited by federal law; (ii) To the extent allowable under section 12-718, exempt dividends paid by a regulated investment company; (iii) To the extent properly includable in gross income for federal income tax purposes, the amount of any refund or credit for overpayment of income taxes imposed by this state, or any other state of the United States or a political subdivision thereof, or the District of Columbia; (iv) To the extent properly includable in gross income for federal income tax purposes and not otherwise subtracted from federal adjusted gross income pursuant to clause (x) of this subparagraph in
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computing Connecticut adjusted gross income, any tier 1 railroad retirement benefits; (v) To the extent any additional allowance for depreciation under Section 168(k) of the Internal Revenue Code for property placed in service after September 27, 2017, was added to federal adjusted gross income pursuant to subparagraph (A)(ix) of this subdivision in computing Connecticut adjusted gross income, twenty-five per cent of such additional allowance for depreciation in each of the four succeeding taxable years; (vi) To the extent properly includable in gross income for federal income tax purposes, any interest income from obligations issued by or on behalf of the state of Connecticut, any political subdivision thereof, or public instrumentality, state or local authority, district or similar public entity created under the laws of the state of Connecticut; (vii) To the extent properly includable in determining the net gain or loss from the sale or other disposition of capital assets for federal income tax purposes, any gain from the sale or exchange of obligations issued by or on behalf of the state of Connecticut, any political subdivision thereof, or public instrumentality, state or local authority, district or similar public entity created under the laws of the state of Connecticut, in the income year such gain was recognized; (viii) Any interest on indebtedness incurred or continued to purchase or carry obligations or securities the interest on which is subject to tax under this chapter but exempt from federal income tax, to the extent that such interest on indebtedness is not deductible in determining federal adjusted gross income and is attributable to a trade or business carried on by such individual; (ix) Ordinary and necessary expenses paid or incurred during the taxable year for the production or collection of income which is subject
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to taxation under this chapter but exempt from federal income tax, or the management, conservation or maintenance of property held for the production of such income, and the amortizable bond premium for the taxable year on any bond the interest on which is subject to tax under this chapter but exempt from federal income tax, to the extent that such expenses and premiums are not deductible in determining federal adjusted gross income and are attributable to a trade or business carried on by such individual; (x) (I) For taxable years commencing prior to January 1, 2019, for a person who files a return under the federal income tax as an unmarried individual whose federal adjusted gross income for such taxable year is less than fifty thousand dollars, or as a married individual filing separately whose federal adjusted gross income for such taxable year is less than fifty thousand dollars, or for a husband and wife who file a return under the federal income tax as married individuals filing jointly whose federal adjusted gross income for such taxable year is less than sixty thousand dollars or a person who files a return under the federal income tax as a head of household whose federal adjusted gross income for such taxable year is less than sixty thousand dollars, an amount equal to the Social Security benefits includable for federal income tax purposes; (II) For taxable years commencing prior to January 1, 2019, for a person who files a return under the federal income tax as an unmarried individual whose federal adjusted gross income for such taxable year is fifty thousand dollars or more, or as a married individual filing separately whose federal adjusted gross income for such taxable year is fifty thousand dollars or more, or for a husband and wife who file a return under the federal income tax as married individuals filing jointly whose federal adjusted gross income from such taxable year is sixty thousand dollars or more or for a person who files a return under the federal income tax as a head of household whose federal adjusted gross
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income for such taxable year is sixty thousand dollars or more, an amount equal to the difference between the amount of Social Security benefits includable for federal income tax purposes and the lesser of twenty-five per cent of the Social Security benefits received during the taxable year, or twenty-five per cent of the excess described in Section 86(b)(1) of the Internal Revenue Code; (III) For the taxable year commencing January 1, 2019, and each taxable year thereafter, for a person who files a return under the federal income tax as an unmarried individual whose federal adjusted gross income for such taxable year is less than seventy-five thousand dollars, or as a married individual filing separately whose federal adjusted gross income for such taxable year is less than seventy-five thousand dollars, or for a husband and wife who file a return under the federal income tax as married individuals filing jointly whose federal adjusted gross income for such taxable year is less than one hundred thousand dollars or a person who files a return under the federal income tax as a head of household whose federal adjusted gross income for such taxable year is less than one hundred thousand dollars, an amount equal to the Social Security benefits includable for federal income tax purposes; and (IV) For the taxable year commencing January 1, 2019, and each taxable year thereafter, for a person who files a return under the federal income tax as an unmarried individual whose federal adjusted gross income for such taxable year is seventy-five thousand dollars or more, or as a married individual filing separately whose federal adjusted gross income for such taxable year is seventy-five thousand dollars or more, or for a husband and wife who file a return under the federal income tax as married individuals filing jointly whose federal adjusted gross income from such taxable year is one hundred thousand dollars or more or for a person who files a return under the federal income tax as a head of household whose federal adjusted gross income for such taxable year is one hundred thousand dollars or more, an amount equal to the
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difference between the amount of Social Security benefits includable for federal income tax purposes and the lesser of twenty-five per cent of the Social Security benefits received during the taxable year, or twenty-five per cent of the excess described in Section 86(b)(1) of the Internal Revenue Code; (xi) To the extent properly includable in gross income for federal income tax purposes, any amount rebated to a taxpayer pursuant to section 12-746; (xii) To the extent properly includable in the gross income for federal income tax purposes of a designated beneficiary, any distribution to such beneficiary from any qualified state tuition program, as defined in Section 529(b) of the Internal Revenue Code, established and maintained by this state or any official, agency or instrumentality of the state; (xiii) To the extent allowable under section 12-701a, contributions to accounts established pursuant to any qualified state tuition program, as defined in Section 529(b) of the Internal Revenue Code, established and maintained by this state or any official, agency or instrumentality of the state; (xiv) To the extent properly includable in gross income for federal income tax purposes, the amount of any Holocaust victims' settlement payment received in the taxable year by a Holocaust victim; (xv) To the extent properly includable in gross income for federal income tax purposes of an account holder, as defined in section 31- 51ww, interest earned on funds deposited in the individual development account, as defined in section 31-51ww, of such account holder; (xvi) To the extent properly includable in the gross income for federal income tax purposes of a designated beneficiary, as defined in section
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3-123aa, interest, dividends or capital gains earned on contributions to accounts established for the designated beneficiary pursuant to the Connecticut Homecare Option Program for the Elderly established by sections 3-123aa to 3-123ff, inclusive; (xvii) To the extent properly includable in gross income for federal income tax purposes, any income received from the United States government as retirement pay for a retired member of (I) the Armed Forces of the United States, as defined in Section 101 of Title 10 of the United States Code, or (II) the National Guard, as defined in Section 101 of Title 10 of the United States Code; (xviii) To the extent properly includable in gross income for federal income tax purposes for the taxable year, any income from the discharge of indebtedness in connection with any reacquisition, after December 31, 2008, and before January 1, 2011, of an applicable debt instrument or instruments, as those terms are defined in Section 108 of the Internal Revenue Code, as amended by Section 1231 of the American Recovery and Reinvestment Act of 2009, to the extent any such income was added to federal adjusted gross income pursuant to subparagraph (A)(xi) of this subdivision in computing Connecticut adjusted gross income for a preceding taxable year; (xix) To the extent not deductible in determining federal adjusted gross income, the amount of any contribution to a manufacturing reinvestment account established pursuant to section 32-9zz in the taxable year that such contribution is made; (xx) To the extent properly includable in gross income for federal income tax purposes, (I) for the taxable year commencing January 1, 2015, ten per cent of the income received from the state teachers' retirement system, (II) for the taxable years commencing January 1, 2016, to January 1, 2020, inclusive, twenty-five per cent of the income received from the state teachers' retirement system, and (III) for the
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taxable year commencing January 1, 2021, and each taxable year thereafter, fifty per cent of the income received from the state teachers' retirement system or, for a taxpayer whose federal adjusted gross income does not exceed the applicable threshold under clause (xxi) of this subparagraph, the percentage pursuant to said clause of the income received from the state teachers' retirement system, whichever deduction is greater; (xxi) To the extent properly includable in gross income for federal income tax purposes, except for retirement benefits under clause (iv) of this subparagraph and retirement pay under clause (xvii) of this subparagraph, for a person who files a return under the federal income tax as an unmarried individual whose federal adjusted gross income for such taxable year is less than seventy-five thousand dollars, or as a married individual filing separately whose federal adjusted gross income for such taxable year is less than seventy-five thousand dollars, or as a head of household whose federal adjusted gross income for such taxable year is less than seventy-five thousand dollars, or for a husband and wife who file a return under the federal income tax as married individuals filing jointly whose federal adjusted gross income for such taxable year is less than one hundred thousand dollars, (I) for the taxable year commencing January 1, 2019, fourteen per cent of any pension or annuity income, (II) for the taxable year commencing January 1, 2020, twenty-eight per cent of any pension or annuity income, (III) for the taxable year commencing January 1, 2021, forty-two per cent of any pension or annuity income, and (IV) for the taxable year commencing January 1, 2022, [fifty-six per cent of any pension or annuity income, (V) for the taxable year commencing January 1, 2023, seventy per cent of any pension or annuity income, (VI) for the taxable year commencing January 1, 2024, eighty-four per cent of any pension or annuity income, and (VII) for the taxable year commencing January 1, 2025,] and each taxable year thereafter, one hundred per cent of any pension or annuity income;
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(xxii) The amount of lost wages and medical, travel and housing expenses, not to exceed ten thousand dollars in the aggregate, incurred by a taxpayer during the taxable year in connection with the donation to another person of an organ for organ transplantation occurring on or after January 1, 2017; (xxiii) To the extent properly includable in gross income for federal income tax purposes, the amount of any financial assistance received from the Crumbling Foundations Assistance Fund or paid to or on behalf of the owner of a residential building pursuant to sections 8-442 and 8-443; (xxiv) To the extent properly includable in gross income for federal income tax purposes, the amount calculated pursuant to subsection (b) of section 12-704g for income received by a general partner of a venture capital fund, as defined in 17 CFR 275.203(l)-1, as amended from time to time; (xxv) To the extent any portion of a deduction under Section 179 of the Internal Revenue Code was added to federal adjusted gross income pursuant to subparagraph (A)(xiv) of this subdivision in computing Connecticut adjusted gross income, twenty-five per cent of such disallowed portion of the deduction in each of the four succeeding taxable years; [and] (xxvi) To the extent properly includable in gross income for federal income tax purposes, for a person who files a return under the federal income tax as an unmarried individual whose federal adjusted gross income for such taxable year is less than seventy-five thousand dollars, or as a married individual filing separately whose federal adjusted gross income for such taxable year is less than seventy-five thousand dollars, or as a head of household whose federal adjusted gross income for such taxable year is less than seventy-five thousand dollars, or for a husband and wife who file a return under the federal income tax as married
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individuals filing jointly whose federal adjusted gross income for such taxable year is less than one hundred thousand dollars, (I) for the taxable year commencing January 1, 2023, twenty-five per cent of any distribution from an individual retirement account other than a Roth individual retirement account, (II) for the taxable year commencing January 1, 2024, fifty per cent of any distribution from an individual retirement account other than a Roth individual retirement account, (III) for the taxable year commencing January 1, 2025, seventy-five per cent of any distribution from an individual retirement account other than a Roth individual retirement account, and (IV) for the taxable year commencing January 1, 2026, and each taxable year thereafter, any distribution from an individual retirement account other than a Roth individual retirement account; and (xxvii) To the extent properly includable in gross income for federal income tax purposes, for the taxable year commencing January 1, 2022, the amount or amounts paid or otherwise credited to any eligible resident of this state under (I) the 2020 Earned Income Tax Credit enhancement program from funding allocated to the state through the Coronavirus Relief Fund established under the Coronavirus Aid, Relief, and Economic Security Act, P.L. 116-136, and (II) the 2021 Earned Income Tax Credit enhancement program from funding allocated to the state pursuant to Section 9901 of Subtitle M of Title IX of the American Rescue Plan Act of 2021, P.L. 117-2. Sec. 411. (Effective from passage) (a) As used in this section, (1) "child" means an individual who is eighteen years of age or under as of December 31, 2021, and (2) "eligible taxpayer" means any natural person domiciled in this state. (b) (1) Any eligible taxpayer may claim a rebate for each child, up to a maximum of three children, that the eligible taxpayer validly claims as a dependent on such taxpayer's return filed under the federal income tax for the taxable year commencing January 1, 2021.
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(2) The rebate shall be in the amount of two hundred fifty dollars per child, provided such amount shall be reduced ten per cent for every one thousand dollars, or fraction thereof, of federal adjusted gross income over (A) one hundred thousand dollars for an individual who files a return for the taxable year commencing January 1, 2021, under the federal income tax as an unmarried individual or a married individual filing separately, (B) one hundred sixty thousand dollars for an individual who files a return for the taxable year commencing January 1, 2021, under the federal income tax as a head of household, and (C) two hundred thousand dollars for individuals who file a return for the taxable year commencing January 1, 2021, under the federal income tax as married individuals filing jointly or as a surviving spouse, as defined in Section 2(a) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time. (3) Each eligible taxpayer may file an application with the Commissioner of Revenue Services on or before July 31, 2022, to claim the rebate. The commissioner shall make such application available on or before June 1, 2022, and shall require such information as necessary to administer the provisions of this subsection, including the name, age and social security of each child claimed as a dependent on the return filed by the eligible taxpayer under the federal income tax for the taxable year commencing January 1, 2021. Such applications shall be filed electronically with the Department of Revenue Services, under penalty of false statement. (4) Rebate payments made under this subsection shall be subject to the provisions of subdivision (2) of subsection (a) of section 12-739 or section 12-742 of the general statutes, but shall not be considered income for the purposes of chapter 229 of the general statutes or for determining eligibility for any state program. (5) Eligibility for a rebate under this subsection shall be determined
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without regard to the credit allowed under section 12-704e of the general statutes. Sec. 412. (NEW) (Effective July 1, 2022, and applicable to taxable years commencing on or after January 1, 2022) A taxpayer shall be allowed a credit against the tax imposed under chapter 229 of the general statutes, other than the liability imposed by section 12-707 of the general statutes, in the amount of two thousand five hundred dollars for the birth of a stillborn child, provided such child would have been a dependent on such taxpayer's federal income tax return. The credit shall be allowed for the taxable year for which a stillbirth certificate is issued by the State Vital Records Office of the Department of Public Health. Sec. 413. Section 12-71e of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): (a) Notwithstanding the provisions of any special act, municipal charter or home rule ordinance, (1) for the assessment year commencing October 1, 2016, the mill rate for motor vehicles shall not exceed 39 mills, [and] (2) for the assessment [year] years commencing October 1, 2017, [and each assessment year thereafter] to October 1, 2020, inclusive, the mill rate for motor vehicles shall not exceed 45 mills, and (3) for the assessment year commencing October 1, 2021, and each assessment year thereafter, the mill rate for motor vehicles shall not exceed 32.46 mills. (b) Any municipality or district may establish a mill rate for motor vehicles that is different from its mill rate for real property and personal property other than motor vehicles to comply with the provisions of this section. No district or borough may set a motor vehicle mill rate that if combined with the motor vehicle mill rate of the town, city, consolidated town and city or consolidated town and borough in which such district or borough is located would result in a combined motor vehicle mill rate (1) above 39 mills for the assessment year commencing October 1, 2016,
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[or] (2) above 45 mills for the assessment [year] years commencing October 1, 2017, to October 1, 2020, inclusive, or (3) above 32.46 mills for the assessment year commencing October 1, 2021, and each assessment year thereafter. (c) Notwithstanding the provisions of any special act, municipal charter or home rule ordinance, a municipality or district that set a motor vehicle mill rate prior to [October 31, 2017] the effective date of this section, for the assessment year commencing October 1, [2016] 2021, may, by vote of its legislative body, or if the legislative body is a town meeting, the board of selectmen, revise such mill rate to meet the requirements of this section, provided such revision occurs not later than [December 15, 2017] June 15, 2022. (d) Notwithstanding the provisions of section 12-112, any board of assessment appeals of a municipality that mailed or distributed, prior to October 31, 2017, bills to taxpayers for motor vehicle property taxes based on assessments made for the assessment year commencing October 1, 2016, shall hear or entertain any appeals related to such assessments not later than December 15, 2017. (e) For the purposes of this section, "municipality" means any town, city, borough, consolidated town and city, consolidated town and borough and "district" means any district, as defined in section 7-324. Sec. 414. Subsection (c) of section 4-66l of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): (c) (1) For the fiscal year ending June 30, 2022, [and each fiscal year thereafter,] motor vehicle property tax grants to municipalities that impose mill rates on real property and personal property other than motor vehicles greater than 45 mills or that, when combined with the mill rate of any district located within the municipality, impose mill
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rates greater than 45 mills, shall be made in an amount equal to the difference between the amount of property taxes levied by the municipality and any district located within the municipality on motor vehicles for the assessment year commencing October 1, 2017, and the amount such levy would have been if the mill rate on motor vehicles for said assessment year was equal to the mill rate imposed by such municipality and any district located within the municipality on real property and personal property other than motor vehicles. (2) Not later than fifteen calendar days after receiving a property tax grant pursuant to this section, the municipality shall disburse to any district located within the municipality the amount of any such property tax grant that is attributable to the district. (3) For the fiscal year ending June 30, 2023, and each fiscal year thereafter, motor vehicle property tax grants shall be made to: (A) Municipalities that imposed mill rates greater than 32.46 mills on real property and personal property other than motor vehicles for the preceding fiscal year, in an amount equal to the difference between (i) the amount of property taxes the municipality would have levied on motor vehicles for the preceding fiscal year if the mill rate imposed on motor vehicles for such year was 32.46 mills, and (ii) the amount of property taxes the municipality would have levied on motor vehicles for the preceding fiscal year if the mill rate imposed on motor vehicles for such year was equal to the mill rate imposed on real property and personal property other than motor vehicles for such year; and (B) Districts that imposed mill rates that, when combined with the mill rate of the municipality in which the district is located, were greater than 32.46 mills on real property and personal property other than motor vehicles for the preceding fiscal year, in an amount equal to the difference between (i) the amount of property taxes the district would have levied on motor vehicles for the preceding fiscal year if the mill
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rate imposed on motor vehicles for such year, when combined with the mill rate imposed on motor vehicles for such year by the municipality in which the district is located, was 32.46 mills, and (ii) the amount of property taxes the district would have levied on motor vehicles for the preceding fiscal year if the mill rate imposed on motor vehicles for such year, when combined with the mill rate imposed on motor vehicles for such year by the municipality in which the district is located, was equal to the mill rate imposed by the district on real property and personal property other than motor vehicles for such year. Sec. 415. Section 3-66a of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2023): (a) [During the 2016 calendar year and every second year thereafter, the Treasurer shall cause notice to be posted electronically on the Treasurer's Internet web site of all property having a value of fifty dollars or more reported and transferred to the Treasurer which was presumed abandoned during preceding calendar years and notice of which was not previously published or posted. In addition to such posted notice, the Treasurer may make such notice accessible to the public electronically through additional telecommunications methods as the Treasurer deems cost effective and appropriate] The Treasurer shall maintain a readily searchable list of property presumed abandoned and reported or transferred to the Treasurer under this part and for which there is sufficient information for the Treasurer to identify the apparent owner of such property. (b) The [posted notice] searchable list required under subsection (a) of this section shall contain: (1) The names [, in alphabetical order,] and the last-known addresses, if any, of all persons reported as the apparent owners of unclaimed property, [and (2) a statement that any person possessing an interest in such property may obtain from the Treasurer] (2) information concerning the amount and description of such property and the name and address of the holder thereof, [free of charge. The
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Treasurer may cause to be posted at any time, in the manner prescribed in subsection (a) of this section, an additional notice stating that such list may be obtained from other specified sources] and (3) such other information as may be required by the Treasurer. (c) [The Treasurer may insert in any such notice such additional information as the Treasurer deems necessary for the proper administration of this part] The Treasurer shall notify by first-class mail each person, other than an individual to whom the Treasurer makes or will make a payment pursuant to subsection (f) of section 3-70a, reported as the apparent owner of unclaimed property that was reported or transferred to the Treasurer during the preceding calendar year and for whom the holder of such property has reported a last- known address to the Treasurer. Such notice shall include information concerning the amount and description of such property and the process by which such owner may verify ownership to and claim such property. [(d) The provisions of this section shall not apply to items reported in the aggregate pursuant to subsection (h) of section 3-65a.] Sec. 416. Section 3-70a of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2023): (a) Any person claiming an interest in property surrendered to the Treasurer under the provisions of this part may claim such property, or the proceeds from the sale thereof, at any time thereafter. Any person claiming an interest in such property shall file a certified claim with the Treasurer, setting forth the facts upon which such party claims to be entitled to recover such [money or] property. The Treasurer shall prescribe the form that such a verified claim shall take. (b) The Treasurer shall consider each claim not later than ninety days after it is filed. The Treasurer may hold hearings on any claim and may
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Public Act No. 22-118 555 of 739
refer any claim to the Office of the Claims Commissioner, which shall hold hearings thereon and promptly return the Claims Commissioner's recommendations for the payment or rejection thereof. The Treasurer shall deliver the Treasurer's decision in writing on each claim heard, with a finding of fact and a statement of the reasons for the Treasurer's decision. Any person aggrieved by a decision of the Treasurer may appeal therefrom in accordance with the provisions of section 4-183, except venue for such appeal shall be in the judicial district of New Britain. (c) (1) (A) No agreement entered into prior to January 1, 2023, to locate property shall be valid if: [(1)] (i) Such agreement is entered into [(A)] (I) within two years after the date a report of unclaimed property is required to be filed under section 3-65a, or [(B)] (II) between the date such a report is required to be filed under said section and the date it is filed under said section, whichever period is longer; [, (2)] (ii) such agreement is entered into within two years after the date of posting of the notice required by section 3-66a; or [(3)] (iii) pursuant to such agreement, any person undertakes to locate property included in a report of unclaimed property that is required to be filed under section 3-65a for a fee or other compensation exceeding ten per cent of the value of the recoverable property. (B) No agreement entered into on or after January 1, 2023, to locate property shall be valid if: (i) Such agreement is entered into (I) within two years after the date a report of unclaimed property is required to be filed under section 3-65a, or (II) between the date such a report is required to be filed under said section and the date it is filed under said section, whichever period is longer; or (ii) pursuant to such agreement, any person undertakes to locate property included in a report of unclaimed property that is required to be filed under section 3-65a for a fee or other compensation exceeding ten per cent of the value of the recoverable property.
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Public Act No. 22-118 556 of 739
(2) An agreement to locate property shall be valid only if it is in writing, signed by the owner, and discloses the nature and value of the property, and the owner's share after the fee or compensation has been subtracted is clearly stipulated. Nothing in this section shall be construed to prevent an owner from asserting, at any time, that any agreement to locate property is based upon excessive or unjust consideration. (d) The Treasurer shall pay each claim allowed without deduction for costs of notices or sale or for service charges. The Treasurer shall notify the Commissioner of Revenue Services of the payment of claims of five hundred dollars or more to the domiciliary administrator or executor of a deceased owner. (e) In the case of any claim allowed under this section for property, funds or money delivered to the Treasurer pursuant to subdivision (1) or (2) of subsection (a) of section 3-57a, the Treasurer shall pay such claim with interest as follows: For each calendar year or portion thereof that the property, funds or money has been paid or delivered to the Treasurer, the Treasurer shall pay interest at a rate that is not less than the deposit index, as determined under section 36a-26, for such year. Such interest shall accrue from the date of payment or delivery of the property, funds or money to the Treasurer until the date of payment or delivery of the property, funds or money to the claimant. (f) Notwithstanding the provisions of subsection (a) of this section, where the amount of a property reported or transferred to the Treasurer under this part is less than two thousand five hundred dollars, the Treasurer shall pay such amount to an individual if the Treasurer has determined (1) that such individual is the sole owner of such property, and (2) to the Treasurer's satisfaction, the current address of such individual. Sec. 417. Section 3-65a of the general statutes is repealed and the
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following is substituted in lieu thereof (Effective January 1, 2023): (a) Within one hundred eighty days before a presumption of abandonment is to take effect in respect to property subject to section 3- 60b or 3-60c and within one year before a presumption of abandonment is to take effect in respect to all other property subject to this part, and if the owner's claim is not barred by law, the holder shall notify the owner thereof, by first class mail directed to the owner's last-known address, that evidence of interest must be indicated as required by this part or such property will be transferred to the Treasurer and will be subject to escheat to the state. (b) [Within] Not later than ninety days after the close of the calendar year in which property is presumed abandoned, the holder shall pay or deliver such property to the Treasurer and file, on forms [which] that the Treasurer shall provide, a report of unclaimed property. Each report shall be verified and shall include: (1) The name, if known, and last- known address, if any, of each person appearing to be the owner of such property; (2) in case of unclaimed funds of an insurance company, the full name of the insured or annuitant and beneficiary and his or her last- known address appearing on the insurance company's records; (3) the nature and identifying number, if any, or description of the property and the amount appearing from the records to be due; [except that the holder shall report in the aggregate items having a value of less than fifty dollars;] (4) the date when the property became payable, demandable or returnable and the date of the last transaction with the owner with respect to the property; (5) if the holder is a successor to other holders, or if the holder has changed the holder's name, all prior known names and addresses of each holder of the property; and (6) such other information as the Treasurer may require. (c) Verification, if made by a partnership, shall be executed by a partner; if made by an unincorporated association or private corporation, by an officer; and if made by a public corporation, by its
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chief fiscal officer. (d) The Treasurer shall keep a permanent record of all reports submitted to the Treasurer pursuant to this section. (e) Except for claims paid under section 3-67a and except as provided in subsection (e) of section 3-70a, no owner shall be entitled to any interest, income or other increment which may accrue to property presumed abandoned from and after the date of payment or delivery to the Treasurer. (f) The Treasurer may decline to receive any property the value of which is less than the cost of giving notice or holding sale, or may postpone taking possession until a sufficient sum accumulates. (g) The Treasurer, or any officer or agency designated by the Treasurer, may examine any person on oath or affirmation, or the records of any person or any agent of the person including, but not limited to, a dividend disbursement agent or transfer agent of a business association, banking organization or insurance company that is the holder of property presumed abandoned to determine whether the person or agent has complied with this part. The Treasurer may conduct the examination even if the person or agent believes the person or agent is not in possession of any property that must be paid, delivered or reported under this part. The Treasurer may bring an action in a court of appropriate jurisdiction to enforce the provisions of this part. [(h) Upon request of the holder, the Treasurer may approve the aggregate reporting on an estimated basis of two hundred or more items in each of one or more categories of unclaimed funds whenever it appears to the Treasurer that each of the items in any such category has a value of more than ten dollars but less than fifty dollars and the cost of reporting such items would be disproportionate to the amounts involved. Any holder electing to so report any such category in the
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aggregate shall assume responsibility for any valid claim presented within twenty years after the year in which the items in such category are presumed abandoned.] [(i)] (h) A record of the issuance of a check, draft or similar instrument is prima facie evidence of the obligation represented by the check, draft or similar instrument. In claiming property from a holder who is also the issuer, the Treasurer’s burden of proof as to the existence and amount of the property and its abandonment is satisfied by showing issuance of the instrument and passage of the requisite period of abandonment. Defenses of payment, satisfaction, discharge and want of consideration are affirmative defenses that shall be established by the holder. [(j)] (i) Notwithstanding the provisions of subsection (b) of this section, the holder of personal property presumed abandoned pursuant to subdivision (5) of subsection (a) of section 3-57a shall (1) sell such property and pay the proceeds arising from such sale, excluding any charges that may lawfully be withheld, to the Treasurer, unless such property consists of military medals, in which case such property shall not be sold, and (2) provide the Treasurer with records deemed appropriate by the Treasurer of property so presumed abandoned. A holder of such property may contract with a third party to store and sell such property and to pay the proceeds arising from such sale, excluding any charges that may be lawfully withheld, to the Treasurer, provided the third party holds a surety bond or other form of insurance coverage with respect to such activities. Any holder who sells such property and remits the excess proceeds to the Treasurer or who transmits such property to a bonded or insured third party for such purposes, shall not be responsible for any claims related to the sale or transmission of the property or proceeds to the Treasurer. If the Treasurer exempts any such property from being remitted or sold pursuant to this subsection, whether by regulations or guidelines, the holder of such property may
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dispose of such property in any manner such holder deems appropriate and such holder shall not be responsible for any claims related to the disposition of such property or any claims to the property itself. For purposes of this subsection, charges that may lawfully be withheld include costs of storage, appraisal, advertising and sales commissions as well as lawful charges owing under the contract governing the safe deposit box rental. [(k)] (j) In the event military medals are presumed abandoned pursuant to subdivision (5) of subsection (a) of section 3-57a, a banking or financial organization shall transmit such medals to the Department of Veterans Affairs in accordance with procedures established by the Treasurer. The Treasurer and Commissioner of Veterans Affairs shall enter into a memorandum of understanding concerning the handling of such medals and the Department of Veterans Affairs shall hold such medals in custody pursuant to such memorandum. The Treasurer may make any information obtained pursuant to this section, including any photograph or other visual depiction of a military medal but excluding Social Security numbers, available to the public to facilitate the identification of the original owner of such medal or such owner's heirs or beneficiaries. Sec. 418. Subsection (a) of section 3-67a of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2023): (a) Upon payment or delivery of property presumed abandoned to the Treasurer, the state shall assume custody and [, except as otherwise provided in subsection (h) of section 3-65a,] shall be responsible for all claims thereto. If, after payment or delivery to the Treasurer, any holder is compelled by authority of another jurisdiction to make a second payment, the Treasurer, upon proof thereof, shall refund to the holder the amount of such second payment not in excess of the amount paid or realized under the provisions of this part.
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Sec. 419. Section 12-217qq of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to calendar and income years commencing on or after January 1, 2022): (a) As used in this section: (1) "Authority" means the Connecticut Higher Education Supplemental Loan Authority; (2) "Commissioner" means the Commissioner of Revenue Services; [(2)] (3) "Eligible education loan" means [a loan issued by the authority to an individual to refinance one or more student loans] an authority loan, as defined in section 10a-223, that is in repayment; [(3)] (4) "Full-time" means required to work at least thirty-five hours per week; [(4)] (5) "Qualified employee" means an individual who (A) is a resident of the state, (B) has earned his or her first bachelor's degree from an institution of higher education in the immediately preceding five- year period, (C) is employed full-time in the state by a qualified employer, (D) is not an owner, member or partner of such qualified employer or a family member of an owner, member or partner of such qualified employer, and (E) has received an eligible education loan; [(5)] (6) "Qualified employer" means a corporation licensed to operate a business in the state that is subject to tax under this chapter or chapter 207; and [(6) "Student loan" means any loan in repayment that was issued by (A) the authority, or (B) any other private or governmental lender to finance attendance at an institution of higher education] (7) "Qualified small business" means a qualified employer that has
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gross receipts of not more than five million dollars for the calendar or income year, as applicable, for which a credit under this section is allowed. (b) (1) For calendar or income years commencing on and after January 1, 2022, each qualified employer that employs a qualified employee and makes a payment directly to the authority on behalf of such qualified employee on an eligible education loan [on behalf of such qualified employee] that was used to finance the qualified employee's attendance at an institution of higher education may claim a credit against the tax imposed under this chapter or chapter 207. Such credit shall be granted in an amount equal to fifty per cent of the amount of payments made to the outstanding principal balance of such loans by the qualified employer during the calendar or income year, provided (A) the credit shall not be allowed against the tax imposed under this chapter and chapter 207 for the same loan payment, and (B) the amount of credit allowed for any calendar or income year with respect to a specific qualified employee shall not exceed two thousand six hundred twenty- five dollars. (2) A qualified employer may claim the credit under subdivision (1) of this subsection for a payment made during the part of the calendar or income year the qualified employee worked and resided in the state, provided a qualified employee who worked and resided in the state for any part of a month shall be deemed to have worked and resided in the state for the entire month for purposes of this section. (c) A qualified employer that claims the credit under subsection (b) of this section shall provide any documentation required by the [Commissioner of Revenue Services] commissioner in a form and manner prescribed by the commissioner. (d) (1) A qualified small business may apply to the commissioner in accordance with the provisions of subdivision (2) of this subsection to
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exchange any credit allowed under subsection (b) of this section for a credit refund equal to the value of the credit. Any amount of credit refunded under this subsection shall be refunded to the qualified small business in accordance with the provisions of this chapter or chapter 207, as applicable. No interest shall be allowed or paid on any amount of credit refunded under this subsection. Any amount of credit refunded under this subsection shall be subject to the provisions of section 12-39h. (2) Each application for a credit refund under this subsection shall be filed, on such forms and containing such information as prescribed by the commissioner, on or before the original due date of the return prescribed under section 12-205 or 12-222, as applicable, for the calendar or income year for which such credit was earned or, if applicable, the extended due date of such year's return. No application for a credit refund under this subsection may be filed after the due date or extended due date, as the case may be, of such return. Sec. 420. (NEW) (Effective July 1, 2022, and applicable to taxable years commencing on or after January 1, 2023) (a) As used in this section: (1) "Commissioner" means the Commissioner of Economic and Community Development; (2) "Discretionary FTE" means an FTE that is paid qualified wages and does not meet the threshold wage requirements to be a qualified FTE but is approved by the commissioner pursuant to subdivision (4) of subsection (c) of this section; (3) "Distressed municipality" has the same meaning as provided in section 32-9p of the general statutes; (4) "Full-time equivalent" or "FTE" means the number of employees employed at a qualified business, calculated in accordance with subsection (d) of this section;
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(5) "Full-time job" means a job in which an employee is required to work at least thirty-five or more hours per week. "Full-time job" does not include a temporary or seasonal job; (6) "Median household income" means the median annual household income for residents in a municipality as calculated from the U.S. Census Bureau's five-year American Community Survey or another data source, at the sole discretion of the commissioner; (7) "New employee" means a person or persons hired by the qualified business to fill a full-time equivalent position. A new employee does not include a person who was employed in this state by a related person with respect to the qualified business within twelve months prior to a qualified business' application to the commissioner for a rebate allocation notice for a job creation rebate pursuant to subsection (c) of this section; (8) "New FTEs" means the number of FTEs that (A) did not exist in this state at the time of a qualified business' application to the commissioner for a rebate allocation notice for a job creation rebate pursuant to subsection (c) of this section, (B) are not the result of FTEs acquired due to a merger or acquisition, (C) are filled by a new employee, (D) are qualified FTEs, and (E) are not FTEs hired to replace FTEs that existed in the state after January 1, 2020. The commissioner may issue guidance on the implementation of this definition; (9) "New FTEs created" means the number of new FTEs that the qualified business is employing at a point-in-time at the end of the relevant time period; (10) "New FTEs maintained" means the total number of new FTEs employed throughout a relevant time period; (11) "Opportunity zone" means a population census tract that is a low-income community that is designated as a "qualified opportunity
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zone" pursuant to the Tax Cuts and Jobs Act of 2017, P.L. 115-97, as amended from time to time; (12) "Part-time job" means a job in which an employee is required to work less than thirty-five hours per week. "Part-time job" does not include a temporary or seasonal job; (13) "Qualified business" means a person that is (A) engaged in business in an industry related to finance, insurance, manufacturing, clean energy, bioscience, technology, digital media or any similar industry, as determined by the sole discretion of the commissioner, and (B) subject to taxation under chapter 207, 208 or 228z of the general statutes; (14) "Qualified FTE" means an FTE who is paid qualified wages of at least eighty-five per cent of the median household income for the location where the FTE position is primarily located, scaled in proportion to the FTE fraction, or thirty-seven thousand five hundred dollars, scaled in proportion to the FTE fraction, whichever is greater; (15) "Qualified wages" means wages sourced to this state pursuant to section 12-705 of the general statutes; (16) "Rebate period" means the calendar years in which a tax rebate provided for in this section is to be paid pursuant to a contract executed pursuant to subsection (c) of this section; and (17) "Related person" means (A) a corporation, limited liability company, partnership, association or trust controlled by the qualified business, (B) an individual, corporation, limited liability company, partnership, association or trust that is in control of the qualified business, (C) a corporation, limited liability company, partnership, association or trust controlled by an individual, corporation, limited liability company, partnership, association or trust that is in control of the qualified business, or (D) a member of the same controlled group as
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the qualified business. For the purposes of this subdivision, "control" means (i) ownership, directly or indirectly, of stock possessing fifty per cent or more of the total combined voting power of all classes of the stock of a corporation entitled to vote, (ii) ownership, directly or indirectly, of fifty per cent or more of the capital or profits interest in a partnership, limited liability company or association, or (iii) ownership, directly or indirectly, of fifty per cent or more of the beneficial interest in the principal or income of a trust. The ownership of stock in a corporation, of a capital or profits interest in a partnership, of a limited liability company or association or of a beneficial interest in a trust shall be determined in accordance with the rules for constructive ownership of stock provided in Section 267(c) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time, other than paragraph (3) of said section. (b) There is established a JobsCT tax rebate program under which qualified businesses that create jobs in this state, in accordance with the provisions of this section, may be allowed a tax rebate, which shall be treated as a credit against the tax imposed under chapter 208 or 228z of the general statutes or as an offset of the tax imposed under chapter 207 of the general statutes. (c) (1) To be eligible to claim a rebate under this section, a qualified business shall apply to the commissioner in accordance with the provisions of this subsection. The application shall be on a form prescribed by the commissioner and may require information, including, but not limited to, the number of new FTEs to be created by the qualified business, the number of current FTEs employed by the qualified business, feasibility studies or business plans for the increased number of FTEs, projected state and local revenue that may reasonably derive as a result of the increased number of FTEs and any other information necessary to determine whether there will be net benefits to
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the economy of the municipality or municipalities in which the qualified business is primarily located and the state. (2) Upon receipt of an application, the commissioner shall determine (A) whether the qualified business making the application will be reasonably able to meet the FTE hiring targets and other metrics as presented in such application, (B) whether such qualified business' proposed job growth would provide a net benefit to economic development and employment opportunities in the state, and (C) whether such qualified business' proposed job growth will exceed the number of jobs at the business that existed prior to January 1, 2020. The commissioner may require the applicant to submit additional information to evaluate an application. Each qualified business making an application shall satisfy the requirements of this subdivision, as determined by the commissioner, to be eligible for the JobsCT tax rebate program. (3) The commissioner, upon consideration of an application and any additional information, may approve an application in whole or in part or may approve an application with amendments. If the commissioner disapproves an application, the commissioner shall identify the defects in such application and explain the specific reasons for the disapproval. The commissioner shall render a decision on an application not later than ninety days after the date of its receipt by the commissioner. (4) The commissioner may approve an application in whole or in part by a qualified business that creates new discretionary FTEs or may approve such an application with amendments if a majority of such new discretionary FTEs are individuals who (A) because of a disability, are receiving or have received services from the Department of Aging and Disability Services; (B) are receiving employment services from the Department of Mental Health and Addiction Services or participating in employment opportunities and day services, as defined in section 17a- 226 of the general statutes, operated or funded by the Department of
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Developmental Services; (C) have been unemployed for at least six of the preceding twelve months; (D) have been convicted of a misdemeanor or felony; (E) are veterans, as defined in section 27-103 of the general statutes; (F) have not earned any postsecondary credential and are not currently enrolled in an postsecondary institution or program; or (G) are currently enrolled in a workforce training program fully or substantially paid for by the employer that results in such individual earning a postsecondary credential. (5) The commissioner may combine approval of an application with the exercise of any of the commissioner's other powers, including, but not limited to, the provision of other financial assistance. (6) The commissioner shall enter into a contract with an approved qualified business, which shall include, but need not be limited to, a requirement that the qualified business consent to the Department of Economic and Community Development's access of data compiled by other state agencies, including, but not limited to, the Labor Department, for the purposes of audit and enforcement and, if a qualified business is approved by the commissioner in accordance with subdivision (4) of this subsection, the required wage such business shall pay new discretionary FTEs to qualify for the tax rebates provided for in subsection (f) of this section. (7) Upon signing a contract with an approved qualified business, the commissioner shall issue a rebate allocation notice stating the maximum amount of each rebate available to such business for the rebate period and the specific terms that such business shall meet to qualify for each rebate. Such notice shall certify to the approved qualified business that the rebates may be claimed by such business if it meets the specific terms set forth in the notice. (d) For the purposes of this section, the FTE of a full-time job or part- time job is based on the hours worked or expected to be worked by an
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employee in a calendar year. A job in which an employee worked or is expected to work one thousand seven hundred fifty hours or more in a calendar year equals one FTE. A job in which an employee worked or is expected to work less than one thousand seven hundred fifty hours equals a fraction of one FTE, where the fraction is the number of hours worked in a calendar year divided by one thousand seven hundred fifty. The commissioner shall have the discretion to adjust the calculation of FTE. (e) (1) In each calendar year of the rebate period, a qualified business approved by the commissioner pursuant to subdivision (3) of subsection (c) of this section that employs at least twenty-five new FTEs in this state by December thirty-first of the calendar year that is two calendar years prior to the calendar year in which the rebate is being claimed shall be allowed a rebate equal to the greater of the following amounts: (A) The sum of: (i) The lesser of (I) the new FTEs created in an opportunity zone or distressed municipality on December thirty-first of the calendar year that is two calendar years prior to the calendar year in which the rebate is being claimed, or (II) the new FTEs maintained in an opportunity zone or distressed municipality in the previous calendar year, multiplied by fifty per cent of the income tax that would be paid on the average wage of the new FTEs, as determined by the applicable marginal rate set forth in chapter 229 of the general statutes for an unmarried individual based solely on such wages; and (ii) The lesser of (I) the new FTEs created on December thirty-first of the calendar year that is two calendar years prior to the calendar year in which the rebate is being claimed, or (II) the new FTEs maintained in a location other than an opportunity zone or distressed municipality in the previous calendar year, multiplied by twenty-five per cent of the income tax that would be paid on the average wage of the new FTEs, as
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determined by the applicable marginal rate set forth in chapter 229 of the general statutes for an unmarried individual based solely on such wages; or (B) The greater of: (i) One thousand dollars multiplied by the lesser of (I) the new FTEs created by December thirty-first of the calendar year that is two calendar years prior to the calendar year in which the rebate is being claimed, or (II) the new FTEs maintained in the calendar year immediately prior to the calendar year in which the rebate is being claimed; or (ii) For tax credits earned, claimed or payable prior to January 1, 2024, two thousand dollars multiplied by the lesser of (I) the new FTEs created by December 31, 2022, or (II) the new FTEs maintained in the calendar year immediately prior to the calendar year in which the rebate is being claimed. (2) In no event shall the rebate under this subsection exceed in any calendar year of the rebate period five thousand dollars multiplied by the lesser of (A) the new FTEs created by December thirty-first of the calendar year that is two calendar years prior to the calendar year in which the rebate is being claimed, or (B) the new FTEs maintained in the calendar year immediately prior to the calendar year in which the rebate is being claimed. (3) In no event shall an approved qualified business receive a rebate under this subsection in any calendar year of the rebate period if such business has not maintained at least twenty-five new FTEs in the calendar year immediately prior to the calendar year in which the rebate is being claimed. (f) (1) In each calendar year of the rebate period, a qualified business approved by the commissioner pursuant to subdivision (4) of subsection (c) of this section that employs at least twenty-five new discretionary
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FTEs in this state by December thirty-first of the calendar year that is two calendar years prior to the calendar year in which the rebate is being claimed shall be allowed a rebate equal to the sum of the amount calculated pursuant to subdivision (1) of subsection (e) of this section and the greater of the following: (A) The sum of: (i) The lesser of the new discretionary FTEs (I) created in an opportunity zone or distressed municipality on December thirty-first of the calendar year that is two calendar years prior to the calendar year in which the rebate is being claimed, or (II) maintained in an opportunity zone or distressed municipality in the previous calendar year, multiplied by fifty per cent of the income tax that would be paid on the average wage of the new discretionary FTEs, as determined by the applicable marginal rate set forth in chapter 229 of the general statutes for an unmarried individual based solely on such wages; and (ii) The lesser of the new discretionary FTEs (I) created on December thirty-first of the calendar year that is two calendar years prior to the calendar year in which the rebate is being claimed, or (II) maintained in a location other than an opportunity zone or distressed municipality in the previous calendar year, multiplied by twenty-five per cent of the income tax that would be paid on the average wage of the new discretionary FTEs, as determined by the applicable marginal rate set forth in chapter 229 of the general statutes for an unmarried individual based solely on such wages; or (B) The greater of: (i) Seven hundred fifty dollars multiplied by the lesser of the new discretionary FTEs (I) created by December thirty-first of the calendar year that is two calendar years prior to the calendar year in which the rebate is being claimed, or (II) maintained in the calendar year
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immediately prior to the calendar year in which the rebate is being claimed; or (ii) For tax credits earned, claimed or payable prior to January 1, 2024, one thousand five hundred dollars multiplied by the lesser of (I) the new FTEs created by December 31, 2022, or (II) the new FTEs maintained in the calendar year immediately prior to the calendar year in which the rebate is being claimed. (2) In no event shall the rebate under this section exceed in any calendar year of the rebate period five thousand dollars multiplied by the lesser of the new discretionary FTEs (A) created by December thirty- first of the calendar year that is two calendar years prior to the calendar year in which the rebate is being claimed, or (B) maintained in the calendar year immediately prior to the calendar year in which the rebate is being claimed. (3) In no event shall an approved qualified business receive a rebate under this subsection in any calendar year of the rebate period if such business has not maintained at least twenty-five new discretionary FTEs in the calendar year immediately prior to the calendar year in which the rebate is being claimed. (g) (1) Notwithstanding the provisions of subdivisions (3) and (4) of subsection (c) of this section, the commissioner may not approve an application in whole or in part if the full amount of rebates that such applicant may be paid pursuant to subsection (e) or (f) of this section would result in the aggregate amount of rebates issued to all approved qualified businesses under this section exceeding forty million dollars in any fiscal year. (2) Notwithstanding the provisions of subdivision (4) of subsection (c) of this section, the commissioner may not approve an application in whole or in part if the full amount of rebates that such applicant may be
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paid pursuant to subsection (f) of this section would result in the aggregate amount of rebates issued pursuant to subsection (f) of this section exceeding ten million dollars in any fiscal year. (h) (1) A rebate under this section may be granted to an approved qualified business for not more than seven successive calendar years. A rebate shall not be granted until at least twenty-four months after the commissioner's approval of a qualified business' application. (2) An approved qualified business that has fewer than twenty-five new FTEs created in each of two consecutive calendar years or, if such business is approved by the commissioner pursuant to subdivision (4) of subsection (c) of this section, fewer than twenty-five new discretionary FTEs in each of two consecutive calendar years shall forfeit all remaining rebate allocations, unless the commissioner recognizes mitigating circumstances of a regional or national nature, including, but not limited to, a recession. (i) Not later than January thirty-first of each year during the rebate period, each approved qualified business shall provide information to the commissioner regarding the number of new FTEs or new discretionary FTEs created or maintained during the prior calendar year and the qualified wages of such new employees. Any information provided under this subsection shall be subject to audit by the Department of Economic and Community Development. (j) Not later than March fifteenth of each year during the rebate period, the Department of Economic and Community Development shall issue the approved qualified business a rebate voucher that sets forth the amount of the rebate, as calculated pursuant to subsections (e) and (f) of this section, and the taxable year against which such rebate may be claimed. The approved qualified business shall claim such rebate as a credit against the taxes due under chapter 208 or 228z of the general statutes or as an offset of the tax imposed under chapter 207 of
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the general statutes. The commissioner shall annually provide to the Commissioner of Revenue Services a report detailing all rebate vouchers that have been issued under this section. (k) Beginning on January 1, 2023, and annually thereafter, the commissioner, in consultation with the office of the State Comptroller and the Auditors of Public Accounts, shall submit a report to the Office of Policy and Management on the expenses of the JobsCT tax rebate program and the number of FTEs and discretionary FTEs created and maintained. Sec. 421. (NEW) (Effective July 1, 2022, and applicable to taxable years commencing on or after January 1, 2023) As used in this section, "affected business entity" and "member" have the same meanings as provided in subsection (a) of section 12-699 of the general statutes. An affected business entity that receives a rebate under section 420 of this act shall claim such rebate as a credit against the tax due under chapter 228z of the general statutes. If the amount of the rebate allowed pursuant to section 420 of this act exceeds the liability for the tax imposed under chapter 228z of the general statutes, the Commissioner of Revenue Services shall treat such excess as an overpayment and shall refund the amount of such excess, without interest, to the taxpayer. With respect to an affected business entity granted a rebate pursuant to section 420 of this act, the credit available to the members of such entity pursuant to subdivision (1) of subsection (g) of section 12-699 of the general statutes shall be based upon the amount of tax due under chapter 228z of the general statutes from such entity prior to the application of the rebate granted pursuant to section 420 of this act and any other payments made against such tax due. Sec. 422. Subsection (b) of section 12-211a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022, and applicable to taxable years commencing on or after January 1, 2023):
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[(b) (1) For a calendar year commencing on or after January 1, 2011, and prior to January 1, 2013, the amount of tax credit or credits otherwise allowable against the tax imposed under this chapter for such calendar year may exceed the amount specified in subsection (a) of this section only by the amount computed under subparagraph (A) of subdivision (2) of this subsection, provided in no event may the amount of tax credit or credits otherwise allowable against the tax imposed under this chapter for such calendar year exceed one hundred per cent of the amount of tax due from such taxpayer under this chapter with respect to such calendar year of the taxpayer prior to the application of such credit or credits. (2) (A) The taxpayer's average monthly net employee gain for a calendar year shall be multiplied by six thousand dollars. (B) The taxpayer's average monthly net employee gain for a calendar year shall be computed as follows: For each month in the calendar year, the taxpayer shall subtract from the number of its employees in this state on the last day of such month the number of its employees in this state on the first day of the calendar year. The taxpayer shall total the differences for the twelve months in the calendar year, and such total, when divided by twelve, shall be the taxpayer's average monthly net employee gain for the calendar year. For purposes of this computation, only employees who are required to work at least thirty-five hours per week and only employees who were not employed in this state by a related person, as defined in section 12-217ii, within the twelve months prior to the first day of the calendar year may be taken into account in computing the number of employees. (C) If the taxpayer's average monthly net employee gain is zero or less than zero, the taxpayer may not exceed the amount specified in subsection (a) of this section.] (b) The amount of the rebate computed under section 420 of this act
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shall be treated as an offset of the tax due under chapter 207 and may exceed the amount specified in subsection (a) of this section. If the amount of the rebate allowed pursuant to section 420 of this act exceeds the taxpayer's liability for the tax imposed under this chapter, the commissioner shall treat such excess as an overpayment and shall refund the amount of such excess, without interest, to the taxpayer. Sec. 423. Subsection (b) of section 12-217zz of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022, and applicable to taxable years commencing on or after January 1, 2023): [(b) (1) For an income year commencing on or after January 1, 2011, and prior to January 1, 2013, the amount of tax credit or credits otherwise allowable against the tax imposed under this chapter for such income year may exceed the amount specified in subsection (a) of this section only by the amount computed under subparagraph (A) of subdivision (2) of this subsection, provided in no event may the amount of tax credit or credits otherwise allowable against the tax imposed under this chapter for such income year exceed one hundred per cent of the amount of tax due from such taxpayer under this chapter with respect to such income year of the taxpayer prior to the application of such credit or credits. (2) (A) The taxpayer's average monthly net employee gain for an income year shall be multiplied by six thousand dollars. (B) The taxpayer's average monthly net employee gain for an income year shall be computed as follows: For each month in the taxpayer's income year, the taxpayer shall subtract from the number of its employees in this state on the last day of such month the number of its employees in this state on the first day of its income year. The taxpayer shall total the differences for the twelve months in such income year, and such total, when divided by twelve, shall be the taxpayer's average monthly net employee gain for the income year. For purposes of this
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computation, only employees who are required to work at least thirty- five hours per week and only employees who were not employed in this state by a related person, as defined in section 12-217ii, within the twelve months prior to the first day of the income year may be taken into account in computing the number of employees. (C) If the taxpayer's average monthly net employee gain is zero or less than zero, the taxpayer may not exceed the seventy per cent limit imposed under subsection (a) of this section.] (b) The amount of the rebate computed under section 420 of this act shall be treated as a credit and may exceed the amount specified in subsection (a) of this section. If the amount of the rebate allowed pursuant to section 420 of this act exceeds the taxpayer's liability for the tax imposed under this chapter, the commissioner shall treat such excess as an overpayment and shall refund the amount of such excess, without interest, to the taxpayer. Sec. 424. Section 12-217aa of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022, and applicable to income years beginning on or after January 1, 2023): (a) Except as otherwise provided in section 12-217t and subsection (c) of this section, whenever a company is eligible to claim more than one corporation business tax credit, the credits shall be claimed for the income year in the following order: (1) Any credit that may be carried backward to a preceding income year or years shall first be claimed (A) with any credit carry-back that will expire first being claimed before any credit carry-back that will expire later or will not expire at all, and (B) if the credit carry-backs will expire at the same time, in the order in which the company may receive the maximum benefit; (2) any credit that may not be carried backward to a preceding income year or years and that may not be carried forward to a succeeding income year or years shall next be claimed, in the order in which the company may receive the
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maximum benefit; and (3) any credit that may be carried forward to a succeeding income year or years shall next be claimed (A) with any credit carry-forward that will expire first being claimed before any credit carry-forward that will expire later or will not expire at all, and (B) if the credit carry-forwards will expire at the same time, in the order in which the company may receive the maximum benefit. (b) In no event shall any credit be claimed more than once. (c) The rebate allowed pursuant to section 420 of this act shall be claimed after all other credits have been claimed. Sec. 425. Section 12-217g of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022, and applicable to income or taxable years commencing on or after January 1, 2022): (a) (1) There shall be allowed a credit for any taxpayer against the tax imposed under this chapter or chapter 228z, for any income or taxable year with respect to each apprenticeship in the manufacturing trades commenced by such taxpayer in such year under a qualified apprenticeship training program as described in subsection (d) of this section, certified in accordance with regulations adopted in accordance with the provisions of chapter 54 by the Labor Commissioner and registered with the Labor Department under section 31-22r, in an amount equal to six dollars per hour multiplied by the total number of hours worked during the income or taxable year by apprentices in the first half of a two-year term of apprenticeship and the first three- quarters of a four-year term of apprenticeship, provided the amount of credit allowed for any income or taxable year with respect to each such apprenticeship may not exceed seven thousand five hundred dollars or fifty per cent of actual wages paid in such [income] year to an apprentice in the first half of a two-year term of apprenticeship or in the first three- quarters of a four-year term of apprenticeship, whichever is less. [(2)
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Effective for] For income or taxable years commencing on [and] or after January 1, 2015, for purposes of this subsection, "taxpayer" includes an affected business entity, as defined in section 12-284b. [Any] (2) (A) For taxable years commencing on or after January 1, 2015, but prior to January 1, 2022, any affected business entity allowed a credit under this subsection may sell, assign or otherwise transfer such credit, in whole or in part, to one or more taxpayers to offset any state tax due or otherwise payable by such taxpayers under this chapter, or, with respect to [income] taxable years commencing on or after January 1, 2016, but prior to January 1, 2022, chapter 212 or 227, provided such credit may be sold, assigned or otherwise transferred, in whole or in part, not more than three times. (B) For taxable years commencing on or after January 1, 2022, with respect to an affected business entity claiming a credit under this subsection against the tax due under chapter 228z, the credit available to the members of such entity pursuant to subdivision (1) of subsection (g) of section 12-699 shall be based upon the amount of tax due under chapter 228z from such entity prior to the application of the credit granted under this subsection and any other payments made against such tax due. (b) There shall be allowed a credit for any taxpayer against the tax imposed under this chapter for any income year with respect to each apprenticeship in plastics and plastics-related trades commenced by such taxpayer in such year under a qualified apprenticeship training program as described in subsection (d) of this section, certified in accordance with regulations adopted in accordance with the provisions of chapter 54 by the Labor Commissioner and registered with the Labor Department under section 31-22r, which apprenticeship exceeds the average number of such apprenticeships begun by such taxpayer during the five income years immediately preceding the income year with respect to which such credit is allowed, in an amount equal to four
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dollars per hour multiplied by the total number of hours worked during the income year by apprentices in the first half of a two-year term of apprenticeship and the first three-quarters of a four-year term of apprenticeship, provided the amount of credit allowed for any income year with respect to each such apprenticeship may not exceed four thousand eight hundred dollars or fifty per cent of actual wages paid in such income year to an apprentice in the first half of a two-year term of apprenticeship or in the first three-quarters of a four-year term of apprenticeship, whichever is less. (c) There shall be allowed a credit for any taxpayer against the tax imposed under this chapter for any income year with respect to wages paid to apprentices in the construction trades by such taxpayer in such year that the apprentice and taxpayer participate in a qualified apprenticeship training program, as described in subsection (d) of this section, which (1) is at least four years in duration, (2) is certified in accordance with regulations adopted in accordance with the provisions of chapter 54 by the Labor Commissioner, and (3) is registered with the Labor Department under section 31-22r. The tax credit shall be (A) in an amount equal to two dollars per hour multiplied by the total number of hours completed by each apprentice toward completion of such program, and (B) awarded upon completion and notification of completion of such program in the income year in which such completion and notification occur, provided the amount of credit allowed for such income year with respect to each such apprentice may not exceed four thousand dollars or fifty per cent of actual wages paid over the first four income years for such apprenticeship, whichever is less. (d) For purposes of this section, a qualified apprenticeship training program shall require at least four thousand but not more than eight thousand hours of apprenticeship training for certification of such apprenticeship by the Labor Department. The amount of credit allowed
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any taxpayer under this section for any income or taxable year may not exceed the amount of tax due from such taxpayer under this chapter or chapter 228z with respect to such income or taxable year. Sec. 426. (NEW) (Effective July 1, 2022) (a) The state shall, consistent with and supportive of the goals of promoting the health, welfare and safety of the people of the state and increasing their quality of life, boosting tourism, stimulating the economy and enhancing the ability of people to enjoy the Connecticut River, assess the benefits and opportunity costs to the city of Hartford and to the state of the current use and alternative uses of the Hartford Brainard Airport property. (b) To further such assessment and identify the related costs, the Department of Economic and Community Development shall have an analysis conducted that includes, but is not limited to, the following: (1) The economic impact, direct, indirect, quantitative and qualitative, of the current use of the property to the state and to the region surrounding the property; (2) The economic impact, direct, indirect, quantitative and qualitative, of alternative uses of the property, including commercial, residential and recreational opportunities, to the state and to the region surrounding the property; (3) Identification of any environmental or flood control obstacles to the development of alternative uses of the property, including the conducting of any required testing of the site, and the possible avenues and associated costs to render the property environmentally developable; (4) Identification of any federal, state or local governmental obstacles, including existing contractual obligations, to the development of alternative uses of the property, the possible avenues to remove each such obstacle and the associated costs of pursuing each avenue; and
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(5) The highest and best use of the property if not its current use, taking into consideration the findings of subdivisions (2) to (4), inclusive, of this subsection and the goals set forth in subsection (a) of this section. (c) (1) To accomplish the analysis, the Department of Economic and Community Development shall issue a request for proposals for an entity to oversee the analysis and the production of the report required under subsection (e) of this section. Once selected, such entity shall issue separate requests for qualifications to engage consultants or entities, or both, to undertake (A) the economic components of the analysis, (B) the environmental components of the analysis, and (C) the regulatory components of the analysis. Such entity shall select consultants and entities whose expertise best lends itself to analyzing the specific subject matter components of the analysis. (2) The Department of Energy and Environmental Protection shall obtain from the United States Army Corps of Engineers any information or reports generated in the preceding ten years by said agency pertaining to the Connecticut River in Hartford and Wethersfield. Said department shall provide such information or reports to the Department of Economic and Community Development, for distribution to the appropriate consultants or entities under subdivision (1) of this subsection to inform the analysis. (d) (1) The Connecticut Airport Authority, established pursuant to section 15-120bb of the general statutes, shall assist and work collaboratively with the entities and consultants engaged under subdivision (1) of subsection (c) of this section to accomplish the analysis. (2) For the period commencing July 1, 2022, to May 31, 2024, inclusive, the Connecticut Airport Authority shall not enter into any agreements or incur any obligations that would further encumber the property or
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that would prohibit or impinge the development of alternative uses of the property, unless such agreement or obligation provides for its termination without liability in the event the property is no longer to be used as an airport in the future, in which case such agreement or obligation shall terminate not later than six months after a decision is made to close the airport. (3) The provisions of subdivision (2) of this subsection shall not apply to the acceptance of federal grants from the Federal Aviation Administration for items deemed to be necessary for the safe operation of the airport, provided nothing that extends or will have the result of extending a runway shall be considered necessary for the safe operation of the airport. (e) Not later than October 15, 2023, the Department of Economic and Community Development shall submit a report of the findings of the analysis to the joint standing committee of the General Assembly having cognizance of matters relating to finance, revenue and bonding. Sec. 427. Section 12-812 of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): (a) (1) The president of the corporation, subject to the direction of the board, shall conduct daily, weekly, multistate, special instant or other lottery games and shall determine the number of times a lottery shall be held each year, the form and price of the tickets and the aggregate amount of prizes, which shall not be less than forty-five per cent of the sales unless required by the terms of any agreement entered into for the conduct of multistate lottery games. The proceeds of the sale of tickets, other than from online lottery ticket sales, shall be deposited in the lottery and gaming fund of the corporation from which prizes shall be paid, upon vouchers signed by the president, or by either of two persons designated and authorized by him, in such numbers and amounts as the
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president determines. The corporation may limit its liability in games with fixed payouts and may cause a cessation of sales of tickets of certain designation when such liability limit has been reached. (2) The president of the corporation, subject to the direction of the board, shall conduct retail sports wagering, online sports wagering and fantasy contests, if licensed to do so pursuant to section 12-853. The proceeds of such wagering and contest activities shall be deposited in the lottery and gaming fund of the corporation from which winnings shall be paid and from which the payments required by sections 12-867 and 12-868 shall be made. (b) The president, subject to the direction of the board, may enter into agreements for the sale of product advertising on lottery tickets, play slips and other lottery media. (c) On a weekly basis, the president shall estimate, and certify to the State Treasurer, that portion of the balance in the lottery and gaming fund which exceeds the current needs of the corporation for the payment of prizes and winnings, the payments required by sections 12- 867 and 12-868, the payment of current operating expenses and funding of approved reserves of the corporation. The corporation shall transfer the amount so certified from the lottery and gaming fund of the corporation to the General Fund upon notification of receipt of such certification by the Treasurer, except that if the amount on deposit in the Connecticut Teachers' Retirement Fund Bonds Special Capital Reserve Fund, established in section 10-183vv, is less than the required minimum capital reserve, as defined in subsection (b) of said section, the corporation shall pay such amount so certified to the trustee of the fund for deposit in the fund. If the corporation transfers any moneys to the General Fund at any time when the amount on deposit in said capital reserve fund is less than the required minimum capital reserve, the amount of such transfer shall be deemed appropriated from the General Fund to the Connecticut Teachers' Retirement Fund Bonds Special
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Capital Reserve Fund. (d) The proceeds of online lottery ticket sales shall be deposited in the online lottery ticket sales fund of the corporation established pursuant to section 12-853a. On a weekly basis, the president shall estimate, and certify to the State Treasurer, that portion of the balance in such fund which exceeds the current needs of the corporation for the payment of prizes, the payment of current operating expenses and funding of approved reserves of the corporation related to online lottery ticket sales. For the fiscal years ending June 30, 2022, and June 30, 2023, upon notification of receipt of such certification by the State Treasurer, the corporation shall transfer the amount so certified to the General Fund. For the fiscal year ending June 30, 2024, and each fiscal year thereafter, the corporation shall, upon notification of receipt of such certification by the State Treasurer, (1) transfer the amount so certified to the debt-free community college account established pursuant to section 10a-174a, until the corporation has transferred a total of fourteen million dollars in a fiscal year to said account, and (2) transfer any amount remaining after the transfers required by subdivision (1) of this subsection to the General Fund. (e) On a monthly basis, the president shall estimate and certify to the Secretary of the Office of Policy and Management, the amount that the corporation transferred to the General Fund, pursuant to subsection (c) of this section and section 12-867, that was from the proceeds of retail sports wagering at a retail sports wagering facility at the XL Center in Hartford that exceeds the payment of prizes and winnings, the payment of any federal excise taxes applicable to such sums received, the payment of current operating expenses and the funding of approved reserves of the corporation. Sec. 428. Section 32-602 of the general statutes is amended by adding subsection (h) as follows (Effective from passage):
House Bill No. 5506
Public Act No. 22-118 586 of 739
(NEW) (h) The Secretary of the Office of Policy and Management, on behalf of the state, shall enter into an agreement with the authority concerning the proceeds of the operation of retail sports wagering at the XL Center in Hartford. Notwithstanding any funds that may be appropriated to the authority for the operation of the XL Center in Hartford, any such agreement shall provide that the state shall distribute to the authority a sum equal to the amount certified pursuant to subsection (e) of section 12-812 for the operation of the XL Center in Hartford. The Office of Policy and Management shall distribute such sums to the authority on a quarterly basis and in such manner as specified in the agreement, and the authority shall use such sums for the operation of the XL Center in Hartford. Sec. 429. Section 12-412m of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2023): (a) For purposes of subparagraph (A) of subdivision (3) of section 12- 412, subdivision (18) of section 12-412 and section 12-412i, on and after July 1, 2023, a sale to a purchaser that manufactures or will manufacture (1) beer under a manufacturer permit for beer issued pursuant to section 30-16, (2) wine and brandies under a manufacturer permit for a farm winery issued pursuant to section 30-16, or (3) wine, cider and mead under a manufacturer permit for wine, cider and mead issued pursuant to section 30-16, which sale would otherwise qualify for the sales and use tax exemption pursuant to subparagraph (A) of subdivision (3) of section 12-412, subdivision (18) of section 12-412 or section 12-412i, except for the fact that such beer, wine, brandy, cider or mead is manufactured or will be manufactured at a facility that also makes substantial retail sales, shall qualify for such exemption in the same manner as if such sale was to an industrial plant. (b) For purposes of subdivision (34) of section 12-412, on and after July 1, 2023, a sale of machinery to a purchaser, which sale would
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Public Act No. 22-118 587 of 739
otherwise qualify for the sales and use tax exemption pursuant to said subdivision except for the fact that such machinery will be used to manufacture beer, wine, brandy, cider or mead, at a facility that also makes substantial retail sales, shall qualify for such exemption in the same manner as if such sale was to an industrial plant. (c) (1) Notwithstanding the provisions of subdivisions (1), (2) and (4) of section 12-425, any taxpayer who holds a manufacturer permit set forth in subsection (a) of this section and is in good standing with the Department of Consumer Protection on July 1, 2023, shall be eligible for a refund of the amount of taxes paid by such holder under this chapter between July 1, 2018, and June 30, 2023, inclusive, on the purchases that would have been exempt from such taxes if the exemptions provided under subsections (a) and (b) of this section had been in effect. (2) Any taxpayer who believes such taxpayer is owed a refund under this subsection shall, not later than July 1, 2026, file a claim with the Department of Revenue Services and shall provide documentation with such claim that substantiates the amount of the tax imposed under this chapter for which the taxpayer is seeking a refund. The provisions of subdivisions (3) and (5) of section 12-425 shall apply to a claim filed pursuant to this subsection. Any amount refunded to a taxpayer pursuant to this subsection shall be made without interest. Sec. 430. Section 12-412 of the 2022 supplement to the general statutes is amended by adding subdivision (126) as follows (Effective July 1, 2022, and applicable to sales occurring on or after July 1, 2022): (NEW) (126) Sales of and the storage, use or other consumption of any personal property or any services to a water company, as defined in section 16-1, for use in maintaining, operating, managing or controlling any pond, reservoir, stream, well or distributing plant or system employed for the purpose of supplying water to fifty or more customers.
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Public Act No. 22-118 588 of 739
Sec. 431. Subsection (a) of section 1 of special act 22-2 is amended to read as follows (Effective from passage): Notwithstanding the provisions of subparagraphs (A) and (B) of subdivision (2) of subsection (a) of section 12-458 of the general statutes, from April 1, 2022, to [June] November 30, 2022, inclusive, the tax imposed under said subparagraphs shall not apply to fuels or gasohol sold or used by a distributor in this state. Nothing in this section shall be construed to affect the tax due pursuant to subparagraphs (C) to (E), inclusive, of subdivision (2) of subsection (a) of section 12-458 of the general statutes on propane, natural gas or diesel sold or used by a distributor in this state. As used in this section, "distributor" and "fuels" have the same meanings as provided in section 12-455a of the general statutes and "gasohol" has the same meaning as provided in section 14- 1 of the general statutes. Sec. 432. Section 12-459 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) The payment of the tax provided for by section 12-458 shall be subject to refund as provided herein when such fuel has been sold for use of any of the following: (1) Any person, other than one engaged in the business of farming, when such fuel is used other than in motor vehicles licensed or required to be licensed to operate upon the public highways of this state, except that no tax paid on fuel [which] that is taken out of this state in a fuel tank connected with the engine of a motor vehicle and [which] that is consumed without this state shall be refunded; (2) [any] Any person engaged in the business of farming, when such fuel is used other than in motor vehicles licensed or required to be licensed to operate upon the public highways of this state or such fuel is used in motor vehicles registered exclusively for farming purposes,
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Public Act No. 22-118 589 of 739
except that no tax paid on fuel [which] that is taken out of this state in a fuel tank connected with the engine of a motor vehicle and [which] that is consumed without this state shall be refunded; (3) [the] The United States; (4) [a] A Connecticut motor bus company, as defined in subsection (e) of section 12-455a, engaged in the business of carrying passengers for hire in this state in common carrier motor vehicles, or any person, association or corporation engaged in the business of operating taxicabs in this state pursuant to a certificate under chapter 244a, when such fuel is used in such common carrier motor vehicle or taxicab on roads in this state, except that with respect to such fuel used in a taxicab only fifty per cent of the tax paid on any purchase of fuel applicable to mileage on any roads in this state shall be refunded; (5) [any] Any person, association or corporation engaged in the business of operating a motor vehicle in livery service pursuant to a permit issued under chapter 244b, or a motor bus over highways within this state and between points within and without this state pursuant to a permit issued under chapter 244, when such fuel is used in such motor bus on roads in this state for the exclusive purpose of transporting passengers for hire to or from airport facilities, except that with respect to any such motor vehicle in livery service pursuant to a permit issued under chapter 244b only fifty per cent of the tax paid on any purchase of fuel applicable to mileage on any roads in this state shall be refunded; (6) [this] This state or a municipality of this state, when such fuel is used in vehicles owned and operated, or leased and operated, by this state or municipality for governmental purposes; (7) [any] Any school bus, as defined in section 14-275; (8) [a] A hospital, when such fuel is used in an ambulance owned by such hospital;
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Public Act No. 22-118 590 of 739
(9) [a] A nonprofit civic organization approved by the commissioner, when such fuel is used in an ambulance owned by such organization; (10) [a] A transit district formed under chapter 103a or any special act, when such fuel is used in vehicles owned and operated, or leased and operated, by such transit district for the purposes of such transit district; (11) [a] A corporation or an employee of a corporation or of the United States, this state or a municipality of this state, when such fuel is used in a high-occupancy commuter vehicle on roads in this state, which vehicle is owned or leased by such corporation or such employee, seats at least ten but not more than fifteen passengers and has a minimum average daily passenger usage of nine persons to and from work, for the purpose of transporting such passengers to and from work daily; (12) [a] A person, corporation or association operating a motor vehicle in livery service [which] that is registered in accordance with the provisions of section 13b-83, when such fuel is used in such motor vehicle in livery service on roads in this state; (13) [a] A federally funded nutrition program approved by the commissioner, when such fuel is used in a delivery vehicle on roads in this state for the exclusive purpose of delivering meals to senior citizens; [and] (14) [a] A company, when such fuel has been used and consumed exclusively for hauling waste for the Materials Innovation and Recycling Authority's mid-Connecticut project; and (15) Any emergency medical service organization, as defined in section 19a-175, when such fuel is used in an ambulance owned by such organization. (b) All claims for refund shall be accompanied by original invoices or
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Public Act No. 22-118 591 of 739
sales receipts or other statements of fact, under penalty of false statement, showing, to the satisfaction of the commissioner, that the tax has been paid on the fuel involved in such refund, and any other information [which] that is deemed necessary by the commissioner for the determination of such claims. Any claim for refund of [said] such tax for fuel used during any calendar year shall be filed with the commissioner on or before May thirty-first of the succeeding year. Such claim shall be on a form prescribed by the commissioner [which] that shall contain such information as [he] the commissioner deems necessary for the determination of such claim. (c) Each claim for refund filed under this section [must] shall involve at least two hundred gallons of fuel eligible for tax refund. (d) (1) The commissioner shall, within ninety days after receipt of any claims under this section, transmit all claims approved by [him] the commissioner to the Comptroller, who shall draw [his] an order upon the State Treasurer for payment. If the commissioner determines that any such claim is not valid, either in whole or in part, [he] the commissioner shall mail notice of the proposed disallowance to the claimant and such notice shall set forth briefly the commissioner's findings of fact and the basis of disallowance in each case decided in whole or in part adversely to the claimant. Sixty days after the date on which it is mailed, a notice of proposed disallowance shall constitute a final disallowance except only for such amounts as to which the claimant has filed, as provided in subdivision (2) of this subsection, a written protest with the [Commissioner of Revenue Services] commissioner. (2) On or before the sixtieth day after the mailing of the proposed disallowance, the claimant may file with the commissioner a written protest against the proposed disallowance in which the claimant sets forth the grounds on which the protest is based. If a protest is filed, the commissioner shall reconsider the proposed disallowance and, if the
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Public Act No. 22-118 592 of 739
claimant has so requested, may grant or deny the claimant or the claimant's authorized representatives an oral hearing. (3) The commissioner shall mail notice of [his] the commissioner's determination to the claimant, which notice shall set forth briefly the commissioner's findings of fact and the basis of decision in each case decided in whole or in part adversely to the claimant. (4) The action of the commissioner on the claimant's protest shall be final upon the expiration of one month from the date on which [he] the commissioner mails notice of [his] the commissioner's action to the claimant unless within such period the claimant seeks judicial review pursuant to section 12-463 of the commissioner's determination. [pursuant to section 12-463.] (e) Repealed by P.A. 88-314, S. 53, 54. Sec. 433. Section 12-264 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) [Each] (1) Prior to July 1, 2022, each (A) municipality, or department or agency thereof, or district manufacturing, selling or distributing gas to be used for light, heat or power, [(2)] (B) company the principal business of which is manufacturing, selling or distributing gas or steam to be used for light, heat or power, including each foreign electric company, as defined in section 16-246f, that holds property in this state, and [(3)] (C) company required to register pursuant to section 16-258a, shall pay a quarterly tax upon gross earnings from such operations in this state. (2) On and after July 1, 2022, each company described under subparagraphs (B) and (C) of subdivision (1) of this subsection shall pay a quarterly tax upon gross earnings from such operations in this state. (3) Gross earnings, prior to July 1, 2022, from such operations under
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Public Act No. 22-118 593 of 739
[subdivisions (1) and (2)] subparagraphs (A) and (B) of subdivision (1) of this subsection, and on and after July 1, 2022, from such operations under subparagraph (B) of said subdivision, shall include, as determined by the Commissioner of Revenue Services, (A) all income included in operating revenue accounts in the uniform systems of accounts prescribed by the Public Utilities Regulatory Authority for operations within the taxable quarter and, with respect to each such company, (B) all income identified in [said] such uniform systems of accounts as income from merchandising, jobbing and contract work, (C) all revenues identified in [said] such uniform systems of accounts as income from nonutility operations, (D) all revenues identified in [said] such uniform systems of accounts as nonoperating retail income, and (E) receipts from the sale of residuals and other by-products obtained in connection with the production of gas, electricity or steam. (4) Gross earnings from such operations under [subdivision (3)] subparagraph (C) of subdivision (1) of this subsection shall be gross income from the sales of natural gas, provided gross income shall not include income from the sale of natural gas to an existing combined cycle facility comprised of three gas turbines providing electric generation services, as defined in section 16-1, with a total capacity of seven hundred seventy-five megawatts, for use in the production of electricity. (5) Gross earnings of a gas company, as defined in section 16-1, shall not include income earned in a taxable quarter commencing prior to June 30, 2008, from the sale of natural gas or propane as a fuel for a motor vehicle. No deductions shall be allowed from such gross earnings for any commission, rebate or other payment, except a refund resulting from an error or overcharge and those specifically mentioned in section 12-265. Gross earnings of a company, as described in [subdivision (2)] subparagraph (B) of subdivision (1) of this subsection, shall not include income earned in any taxable quarter commencing on or after July 1,
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Public Act No. 22-118 594 of 739
2000, from the sale of steam. (b) (1) (A) Each [such company and municipality, or department or agency thereof, or district manufacturing, selling or distributing gas to be used for light, heat or power] company described under subparagraphs (B) and (C) of subdivision (1) of subsection (a) of this section shall, on or before the last day of January, April, July and October of each year, render to the Commissioner of Revenue Services a return on forms prescribed or furnished by the commissioner and signed by its treasurer or the person performing the duties of treasurer, or by an authorized agent or officer, specifying [(A)] (i) the name and location of such company or municipal utility, [(B)] (ii) the amount of gross earnings from operations for the quarter ending with the last day of the preceding month, [(C)] (iii) the gross earnings from the sale or rental of appliances using water, steam, gas or electricity and the cost of such appliances sold, cost to be interpreted as net invoice price plus transportation costs of such appliances, [(D)] (iv) the gross earnings from all sales for resale of water, steam, gas and electricity, whether or not the purchasers are public service corporations, municipal utilities, located in the state or subject to the tax imposed [by] under this chapter, [(E)] (v) the number of miles of water or steam pipes, gas mains or electric wires operated by such company or municipal utility within this state on the first day and on the last day of the calendar year immediately preceding, and [(F)] (vi) the number of miles of water or steam pipes, gas mains or electric wires wherever operated by such company or municipal utility on said dates. Gas pipeline and gas transmission companies that do not manufacture or buy gas in this state for resale in this state shall be subject to the provisions of chapter 208 and shall not be subject to the provisions of this chapter and chapter 212a. (B) Each municipality, or department or agency thereof, or district manufacturing, selling or distributing gas to be used for light, heat or
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Public Act No. 22-118 595 of 739
power shall, on or before the last day of January, April, July and October of each year until and including July 31, 2022, render to the Commissioner of Revenue Services a return on forms prescribed or furnished by the commissioner and signed by its treasurer or the person performing the duties of treasurer, or by an authorized agent or officer, specifying the information set forth in subparagraphs (A)(i) to (A)(vi), inclusive, of this subdivision. (2) No person, firm, corporation or municipality that is chartered or authorized by this state to transmit or sell gas within a franchise area shall transmit gas for any person that sells gas to be used for light, heat or power to an end user or users located in this state, unless such seller has registered with the Department of Revenue Services for purposes of the tax imposed under this chapter. The provisions of this subdivision shall not apply to the transmission of gas for any seller that is a gas company, as defined in section 16-1, municipal gas utility established under chapter 101 or any other gas utility owned, leased, maintained, operated, managed or controlled by any unit of local government under any general statute or any public or special act, or a gas pipeline or gas transmission company subject to the provisions of chapter 208. (3) The Commissioner of Revenue Services may make public the names and addresses of each person that sells gas to be used for light, heat or power to an end user or users located in this state and has registered with the Department of Revenue Services for purposes of the tax imposed under this chapter, and that is not a gas company, as defined in section 16-1, a municipal gas utility established under chapter 101 or any other gas utility owned, leased, maintained, operated, managed or controlled by any unit of local government under any general statute or any public or special act, or a gas pipeline or gas transmission company subject to the provisions of chapter 208. (c) (1) Each electric distribution company, as defined in section 16-1, or municipality, or department or agency thereof, or district
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Public Act No. 22-118 596 of 739
manufacturing, selling or distributing electricity to be used for light, heat or power, providing electric transmission services, as defined in section 16-1, or electric distribution services, as defined in section 16-1, shall pay a quarterly tax upon its gross earnings in each calendar quarter at the rate of (A) eight and one-half per cent of its gross earnings from providing electric transmission services or electric distribution services allocable to other than residential service, and (B) six and eight-tenths per cent of such gross earnings from providing electric transmission services or electric distribution services allocable to residential service. (2) For purposes of this subsection, gross earnings from providing electric transmission services or electric distribution services shall include (A) all income classified as income from providing electric transmission services or electric distribution services, as determined by the Commissioner of Revenue Services in consultation with the Public Utilities Regulatory Authority, and (B) the competitive transition assessment collected pursuant to section 16-245g, other than any component of such assessment that constitutes transition property as to which an electric distribution company has no right, title or interest pursuant to subsection (a) of section 16-245h, the systems benefits charge collected pursuant to section 16-245l, the conservation adjustment mechanisms charged under section 16-245m, and the assessments charged under section 16-245n. Such gross earnings shall not include income from providing electric transmission services or electric distribution services to a company described in subsection (c) of section 12-265. (3) Each electric distribution company and municipality, or department or agency thereof, or district manufacturing, selling or distributing electricity to be used for light, heat or power shall, on or before the last day of January, April, July and October of each year, render to the Commissioner of Revenue Services a return on forms prescribed or furnished by the commissioner and signed by its
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Public Act No. 22-118 597 of 739
treasurer, or the person performing the duties of treasurer, or of an authorized agent or officer, with such other information as the Commissioner of Revenue Services deems necessary. (d) The tax imposed by this chapter is due and payable to the Commissioner of Revenue Services quarterly on or before the last day of the month next succeeding each calendar quarter. Sec. 434. Section 12-265 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022, and applicable to taxable quarters commencing on or after July 1, 2022): (a) As used in this section (1) with regard to electric power, "sales for resale" include (A) sales of electric power capacity, (B) power output from such capacity, and (C) all transmission charges in conjunction with such sales on or after May 17, 1982, (2) "net invoice price" means invoice price less trade discounts, and (3) "municipal utility" means a municipality, or department or agency thereof, or district manufacturing, selling or distributing gas or electricity to be used for light, heat or power. (b) (1) Each company [and municipal utility] included in section 12- 264, other than an electric distribution company, as defined in section 16-1, included in subsection (c) of section 12-264, [and other than a municipality, or department or agency thereof, or district manufacturing, selling or distributing electricity to be used for light, heat or power,] shall be taxed at the rate of five per cent upon the amount of gross earnings in each taxable quarter from operations, except as set forth in subsection (c) or (d) of this section and except that each company [and municipal utility manufacturing, selling or distributing gas or electricity to be used for light, heat or power] shall be taxed at the rate of four per cent upon the amount of gross earnings in each taxable quarter allocable to residential service, but deduction shall be made of gross earnings (A) from all sales for resale of water,
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Public Act No. 22-118 598 of 739
steam, gas and electricity to public service corporations and municipal utilities, whether or not such purchasers are Connecticut public service corporations or Connecticut municipal utilities, and whether or not they are subject to the tax imposed by this chapter, (B) from any federal BTU energy tax included in adjustment clause and base-rate revenues, (C) from sales of appliances using water, steam, gas or electricity by each such company of the net invoice price plus transportation costs of such appliances, (D) of electric distribution and gas companies, as defined in section 16-1, from energy conservation loan programs, (E) from all sales for resale of gas to companies registered pursuant to section 16-258a, and (F) from all sales of natural gas to a user or entity located outside the state. (2) Gross earnings for any taxable quarter, for the purposes of assessment and taxation, shall be as follows: (A) In the case of a company [or municipal utility, other than a municipality, or department or agency thereof, or district manufacturing, selling or distributing electricity to be used for light, heat or power,] carrying on business or operating entirely within this state, the amount of gross earnings from operations; (B) in the case of a company [or municipal utility, other than a municipality, or department or agency thereof, or district manufacturing, selling or distributing electricity to be used for light, heat or power,] carrying on business or operations a part of which is outside of this state, (i) such portion of the amount of gross earnings from operations determined under the provisions of section 12-264 as is represented by the ratio of the number of miles of water or steam pipes, gas mains or electric wires operated by such company [or municipal utility] within this state on the first day and on the last day of the calendar year immediately preceding to the total number of miles of water or steam pipes, gas mains or electric wires operated by such company [or municipal utility] on [said] such dates; or (ii) in the case of a company required to register pursuant to section 16-258a, such portion of the amount of gross earnings from operations determined under the
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Public Act No. 22-118 599 of 739
provisions of section 12-264 as is represented by the ratio of the sales in this state to end users during such quarter to the total sales everywhere to end users during such quarter. (c) (1) The rate of tax on the sale, furnishing or distribution of electricity or natural gas for use directly by a company engaged in a manufacturing production process, in accordance with the Standard Industrial Classification Manual, United States Office of Management and Budget, 1987 edition, classifications 2000 to 3999, inclusive, or Sector 31, 32 or 33 in the North American Industrial Classification System United States Manual, United States Office of Management and Budget, 1997 edition, shall be four per cent with respect to calendar quarters commencing on or after January 1, 1994, and prior to January 1, 1995, three per cent with respect to calendar quarters commencing on or after January 1, 1995, and prior to January 1, 1996, and two per cent with respect to calendar quarters commencing on or after January 1, 1996, and prior to January 1, 1997. The sale, furnishing or distribution of electricity or natural gas for use by a company as provided in this subsection shall not be subject to the provisions of this chapter with respect to calendar quarters commencing on or after January 1, 1997. Not later than thirty days after May 19, 1993, and thirty days after the effective date of each rate decrease provided for in this section, each electric and gas public service company, as defined in section 16-1, which does not have a proposed rate amendment under section 16-19 pending before the Public Utilities Regulatory Authority at such time, shall request the authority to reopen the proceeding under section 16-19 on the company's most recent rate amendment, solely for the purpose of decreasing the company's rates to reflect the decreases required under this section. The authority shall immediately reopen such proceedings, solely for such purpose. (2) For purposes of this subsection, the sale, furnishing or distribution of natural gas for use as fuel in the operation of a cogeneration facility
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Public Act No. 22-118 600 of 739
providing electricity or steam to a company engaged in a manufacturing production process described in subdivision (1) of this subsection shall be deemed to be a sale, furnishing or distribution of natural gas for use directly by such company in such process where such cogeneration facility is located entirely on the premises owned or controlled by such company, whether or not the cogeneration facility is owned or operated by such company. (d) The rate of tax on the sale, furnishing or distribution of steam for use by a company, as described in [subdivision (2)] subparagraph (B) of subdivision (1) of subsection (a) of section 12-264, shall be: (1) Four per cent with respect to calendar quarters commencing on or after July 1, 1996, and prior to July 1, 1997; (2) three per cent with respect to calendar quarters commencing on or after July 1, 1997, and prior to July 1, 1998; (3) two per cent with respect to calendar quarters commencing on or after July 1, 1998, and prior to July 1, 1999; and (4) one per cent with respect to calendar quarters commencing on or after July 1, 1999, and prior to July 1, 2000. The sale, furnishing or distribution of steam as provided in this subsection shall not be subject to the provisions of this chapter with respect to calendar quarters commencing on or after July 1, 2000. Sec. 435. Subsection (d) of section 12-541 of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (d) On and after July 1, 2001, but prior to January 1, 2023, the tax imposed under this section on any motion picture show with an admission charge of more than five dollars shall be six per cent of the admission charge. The tax shall be imposed upon the person making such charge and reimbursement for the tax shall be collected by such person from the purchase. Such reimbursement, termed "tax", shall be paid by the purchaser to the person making the admission charge. Such tax, when added to the admission charge, shall be a debt from the
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Public Act No. 22-118 601 of 739
purchaser to the person making the admission charge and shall be recoverable at law. The amount of tax reimbursement, when so collected, shall be deemed to be a special fund in trust for the state of Connecticut. Sec. 436. Section 12-263i of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): (a) As used in this section: (1) "Ambulatory surgical center" means an entity included within the definition of said term that is set forth in 42 CFR 416.2 and that is licensed by the Department of Public Health as an outpatient surgical facility, and any other ambulatory surgical center that is Medicare certified; (2) "Commissioner" means the Commissioner of Revenue Services; (3) "Department" means the Department of Revenue Services; (4) "Medicaid" means the program operated by the Department of Social Services pursuant to section 17b-260 and authorized by Title XIX of the Social Security Act, as amended from time to time; and (5) "Medicare" means the programs operated by the Centers for Medicare and Medicaid Services in accordance with Title XVIII of the Social Security Act, as amended from time to time, including, but not limited to, those programs established pursuant to Parts A, B and C of Title XVIII of said act, as amended from time to time. (b) (1) For each calendar quarter commencing on or after October 1, 2015, but prior to July 1, [2023] 2022, there is hereby imposed a tax on each ambulatory surgical center in this state to be paid each calendar quarter. The tax imposed by this section shall be at the rate of six per
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cent of the gross receipts of each ambulatory surgical center, except that: (A) Prior to July 1, 2019, such tax shall not be imposed on any amount of such gross receipts that constitutes either (i) the first million dollars of gross receipts of the ambulatory surgical center in the applicable fiscal year, or (ii) net revenue of a hospital that is subject to the tax imposed under section 12-263q; and (B) On and after July 1, 2019, but prior to July 1, [2023] 2022, such tax shall not be imposed on any amount of such gross receipts that constitutes any of the following: (i) The first million dollars of gross receipts of the ambulatory surgical center in the applicable fiscal year, excluding Medicaid and Medicare payments, (ii) net revenue of a hospital that is subject to the tax imposed under section 12-263q, (iii) Medicaid payments received by the ambulatory surgical center, and (iv) Medicare payments received by the ambulatory surgical center. (2) Nothing in this section shall prohibit an ambulatory surgical center from seeking remuneration for the tax imposed by this section. (3) Each ambulatory surgical center shall, on or before January 31, 2016, and thereafter on or before the last day of January, April, July and October of each year until and including July 31, [2023] 2022, render to the commissioner a return, on forms prescribed or furnished by the commissioner, reporting the name and location of such ambulatory surgical center, the entire amount of gross receipts generated by such ambulatory surgical center during the calendar quarter ending on the last day of the preceding month and such other information as the commissioner deems necessary for the proper administration of this section. The tax imposed under this section shall be due and payable on the due date of such return. Each ambulatory surgical center shall be required to file such return electronically with the department and to make payment of such tax by electronic funds transfer in the manner provided by chapter 228g, regardless of whether such ambulatory
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Public Act No. 22-118 603 of 739
surgical center would have otherwise been required to file such return electronically or to make such tax payment by electronic funds transfer under the provisions of chapter 228g. (c) Whenever the tax imposed under this section is not paid when due, a penalty of ten per cent of the amount due and unpaid or fifty dollars, whichever is greater, shall be imposed and interest at the rate of one per cent per month or fraction thereof shall accrue on such tax from the due date of such tax until the date of payment. (d) The provisions of sections 12-548, 12-550 to 12-554, inclusive, and 12-555a shall apply to the provisions of this section in the same manner and with the same force and effect as if the language of said sections had been incorporated in full into this section and had expressly referred to the tax imposed under this section, except to the extent that any provision is inconsistent with a provision in this section. (e) For the fiscal years ending June 30, 2016, to June 30, [2023] 2022, inclusive, the Comptroller is authorized to record as revenue for each fiscal year the amount of tax imposed under the provisions of this section prior to the end of each fiscal year and which tax is received by the Commissioner of Revenue Services not later than five business days after the last day of July immediately following the end of each fiscal year. Sec. 437. Section 38a-91aa of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): As used in [sections 38a-91aa to 38a-91tt] this section, sections 38a- 91bb to 38a-91uu, inclusive, and sections 38a-91ww and 38a-91xx: (1) "Affiliated company" means any company in the same corporate system as a parent, an industrial insured or a member organization by virtue of common ownership, control, operation or management.
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(2) "Agency captive insurance company" means a captive insurance company that: (A) Is owned or directly or indirectly controlled by one or more insurance agents or insurance producers licensed in accordance with sections 38a-702a to 38a-702r, inclusive; (B) Only insures against risks covered by insurance policies sold, solicited or negotiated through the insurance agents or insurance producers that own or control such captive insurance company; and (C) Does not insure against risks covered by any health insurance policy or plan. (3) "Alien captive insurance company" means any insurance company formed to write insurance business for its parent and affiliated companies and licensed pursuant to the laws of an alien jurisdiction that imposes statutory or regulatory standards on companies transacting the business of insurance in such jurisdiction that the commissioner deems to be acceptable. (4) "Association" means any legal association of individuals, corporations, limited liability companies, partnerships, associations or other entities, [that has been in continuous existence for at least one year,] where the association itself or some or all of the member organizations: (A) Directly or indirectly own, control or hold with power to vote all of the outstanding voting securities or other voting interests of an association captive insurance company incorporated as a stock insurer; (B) Have complete voting control over an association captive insurance company incorporated as a mutual corporation or formed as a limited liability company; or
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(C) Constitute all of the subscribers of an association captive insurance company formed as a reciprocal insurer. (5) "Association captive insurance company" means any company that insures risks of the member organizations of an association, and includes a company that also insures risks of such member organizations' affiliated companies or of the association. (6) "Branch business" means any insurance business transacted in this state by a branch captive insurance company. (7) "Branch captive insurance company" means any alien captive insurance company or foreign captive insurance company licensed by the commissioner to transact the business of insurance in this state through a business unit with a principal place of business in this state. (8) "Branch operations" means any business operations in this state of a branch captive insurance company. (9) "Captive insurance company" means any (A) pure captive insurance company, agency captive insurance company, association captive insurance company, industrial insured captive insurance company, risk retention group, sponsored captive insurance company or special purpose financial captive insurance company that is domiciled in this state and formed or licensed under the provisions of [sections 38a-91aa] this section and sections 38a-91bb to 38a-91tt, inclusive, or (B) branch captive insurance company. (10) "Ceding insurer" means an insurance company, approved by the commissioner and licensed or otherwise authorized to transact the business of insurance or reinsurance in its state or country of domicile, that cedes risk to a special purpose financial captive insurance company pursuant to a reinsurance contract. (11) "Commissioner" means the Insurance Commissioner.
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(12) "Controlled unaffiliated business" means any person: (A) Who, (i) in the case of a pure captive insurance company, is not in the corporate system of a parent and the parent's affiliated companies, [or] (ii) in the case of an industrial insured captive insurance company, is not in the corporate system of an industrial insured and the industrial insured's affiliated companies, or (iii) in the case of a sponsored captive insurance company, is not in the corporate system of a participant and the participant's affiliated companies; (B) Who, (i) in the case of a pure captive insurance company, has an existing contractual relationship with a parent or one of the parent's affiliated companies, [or] (ii) in the case of an industrial insured captive insurance company, has an existing contractual relationship with an industrial insured or one of the industrial insured's affiliated companies, or (iii) in the case of a sponsored captive insurance company, has an existing contractual relationship with a participant or one of the participant's affiliated companies; and (C) Whose risks are managed by a pure captive insurance company, [or] an industrial insured captive insurance company or a sponsored captive insurance company, as applicable, in accordance with section 38a-91qq. (13) "Excess workers' compensation insurance" means, in the case of an employer that has insured or self-insured its workers' compensation risks in accordance with applicable state or federal law, insurance in excess of a specified per-incident or aggregate limit established by the commissioner. (14) "Foreign captive insurance company" means any insurance company formed to write insurance business for its parent and affiliated companies and licensed pursuant to the laws of a foreign jurisdiction that imposes statutory or regulatory standards on companies
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transacting the business of insurance in such jurisdiction that the commissioner deems to be acceptable. [(14)] (15) "Incorporated protected cell" means a protected cell that is established as a corporation or a limited liability company, separate from the sponsored captive insurance company with which it has entered into a participant contract. [(15)] (16) "Industrial insured" means an insured: (A) Who procures the insurance of any risk or risks by use of the services of a full-time employee acting as an insurance manager or buyer; (B) Whose aggregate annual premiums for insurance on all risks total at least twenty-five thousand dollars; and (C) Who has at least twenty-five full-time employees. [(16)] (17) "Industrial insured captive insurance company" means any company that insures risks of the industrial insureds that comprise an industrial insured group, and includes a company that also insures risks of such industrial insureds' affiliated companies. [(17)] (18) "Industrial insured group" means any group of industrial insureds that collectively: (A) Directly or indirectly own, control or hold with power to vote all of the outstanding voting securities or other voting interests of an industrial insured captive insurance company incorporated as a stock insurer; (B) Have complete voting control over an industrial insured captive insurance company incorporated as a mutual corporation or formed as a limited liability company; or
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(C) Constitute all of the subscribers of an industrial insured captive insurance company formed as a reciprocal insurer. [(18)] (19) "Insurance securitization" or "securitization" means a transaction or a group of related transactions, which may include capital market offerings, that are effected through related risk transfer instruments and facilitating administrative agreements, in which all or part of the result of such transaction is used to fund a special purpose financial captive insurance company's obligations under a reinsurance contract with a ceding insurer and by which: (A) A special purpose financial captive insurance company directly or indirectly obtains proceeds through the issuance of securities by such company or any other person; or (B) A person provides, for the benefit of a special purpose financial captive insurance company, one or more letters of credit or other assets that the commissioner has authorized such company to treat as admitted assets for purposes of its annual report. "Insurance securitization" or "securitization" does not include the issuance of a letter of credit for the benefit of the commissioner to satisfy all or part of a special purpose financial captive insurance company's capital and surplus requirements under section 38a-91dd. [(19)] (20) "Member organization" means any individual, corporation, limited liability company, partnership, association or other entity that belongs to an association. [(20)] (21) "Mutual corporation" means a corporation organized without stockholders and includes a nonprofit corporation with members. [(21)] (22) "Parent" means any individual, corporation, limited liability company, partnership or other entity that directly or indirectly owns, controls or holds with power to vote more than fifty per cent of
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the outstanding voting: (A) Securities of a pure captive insurance company organized as a stock insurer; or (B) Membership interests of a pure captive insurance company organized as a nonprofit corporation or as a limited liability company. [(22)] (23) "Participant" means any association, corporation, limited liability company, partnership, trust or other entity, and any affiliated company or controlled unaffiliated business thereof, that is insured by a sponsored captive insurance company pursuant to a participant contract. [(23)] (24) "Participant contract" means a contract entered into by a sponsored captive insurance company and a participant by which the sponsored captive insurance company insures the risks of the participant and limits the losses of each such participant to its pro rata share of the assets of one or more protected cells identified in such participant contract. [(24)] (25) "Protected cell" means a separate account established by a sponsored captive insurance company, in which assets are maintained for one or more participants in accordance with the terms of one or more participant contracts to fund the liability of the sponsored captive insurance company assumed on behalf of such participants as set forth in such participant contracts. [(25)] (26) "Pure captive insurance company" means any company that insures risks of its parent and affiliated companies or controlled unaffiliated business. [(26)] (27) "Reinsurance contract" means a contract entered into by a special purpose financial captive insurance company and a ceding insurer by which the special purpose financial captive insurance
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company agrees to provide reinsurance to the ceding insurer for risks associated with the ceding insurer's insurance or reinsurance business. [(27)] (28) "Risk retention group" means a captive insurance company organized under the laws of this state pursuant to the federal Liability Risk Retention Act of 1986, 15 USC 3901 et seq., as amended from time to time, as a stock insurer or mutual corporation, a reciprocal or other limited liability entity. [(28)] (29) "Security" has the same meaning as provided in section 36b-3 and includes any form of debt obligation, equity, surplus certificate, surplus note, funding agreement, derivative or other financial instrument that the commissioner designates as a security for purposes of [sections 38a-91aa] this section and sections 38a-91bb to 38a- 91tt, inclusive. [(29)] (30) "Special purpose financial captive insurance company" means a company that is licensed by the commissioner in accordance with section 38a-91bb. [(30)] (31) "Special purpose financial captive insurance company security" means a security issued by (A) a special purpose financial captive insurance company, or (B) a third party, the proceeds of which are obtained directly or indirectly by a special purpose financial captive insurance company. [(31)] (32) "Sponsor" means any association, corporation, limited liability company, partnership, trust or other entity that is approved by the commissioner to organize and operate a sponsored captive insurance company and to provide all or part of the required unimpaired paid-in capital and surplus. [(32)] (33) "Sponsored captive insurance company" means a captive insurance company:
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(A) In which the minimum required unimpaired paid-in capital and surplus are provided by one or more sponsors; (B) That insures risks of its participants only through separate participant contracts; and (C) That funds its liability to each participant through one or more protected cells and segregates the assets of each protected cell from the assets of other protected cells and from the assets of the sponsored captive insurance company's general account. [(33)] (34) "Surplus note" means an unsecured subordinated debt obligation possessing characteristics consistent with the National Association of Insurance Commissioners Statement of Statutory Accounting Principles No. 41, as amended from time to time, and as modified or supplemented by the commissioner. Sec. 438. (Effective July 1, 2022) (a) As used in this section, "alien captive insurance company", "branch captive insurance company" and "foreign captive insurance company" have the same meanings as provided in section 38a-91aa of the general statutes. (b) The Commissioner of Revenue Services shall waive any and all penalties that would otherwise be due under section 38a-277 of the general statutes for any taxable period beginning on or after July 1, 2019, and ending prior to July 1, 2022, if, not later than June 30, 2023, the insured: (1) Establishes a branch captive insurance company in this state or transfers the domicile of its alien captive insurance company or foreign captive insurance company to this state in accordance with the provisions of section 38a-58a of the general statutes; and (2) Pays all taxes and interest due and outstanding under section 38a- 277 of the general statutes for all taxable periods ending on or after July
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1, 2019, but prior to July 1, 2022. (c) Any insured that satisfies the provisions of subsection (b) of this section shall not be liable for any taxes, interest and penalties that would otherwise be due under section 38a-277 of the general statutes for any taxable period ending prior to July 1, 2019. Sec. 439. Section 38a-91bb of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) Any captive insurance company, when permitted by its articles of association, charter or other organizational document, may apply to the [Insurance Commissioner] commissioner for a license to do the business of insurance against any kind of loss, damage or liability properly a subject of insurance, if such insurance is not prohibited by law or [is not] disapproved by the commissioner as being contrary to public policy, including life insurance, annuities, health insurance, as defined in section 38a-469, and commercial risk insurance, as defined in section 38a-663, provided: (1) No pure captive insurance company may insure any risks other than those of its parent and affiliated companies or controlled unaffiliated business; (2) No association captive insurance company may insure any risks other than those of its association, the member organizations of its association, and the member organizations' affiliated companies; (3) No industrial insured captive insurance company may insure any risks other than those of (A) the industrial insureds that comprise the industrial insured group, (B) the industrial insureds' affiliated companies, or (C) the industrial insureds' controlled unaffiliated businesses; (4) No risk retention group may insure any risks other than those of
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Public Act No. 22-118 613 of 739
its members and owners; (5) No captive insurance company may provide personal risk insurance, as defined in section 38a-663, for private passenger motor vehicle or homeowners insurance coverage or any component thereof; (6) No captive insurance company may accept or cede reinsurance except as provided in section 38a-91kk; (7) Any captive insurance company may provide excess workers' compensation insurance to its parent and affiliated companies, unless prohibited by the laws of the state having jurisdiction over the transaction or by federal law. Any captive insurance company may reinsure a workers' compensation qualified self-insured plan of its parent and affiliated companies, unless prohibited by federal law; (8) Any captive insurance company that provides life insurance, annuities or health insurance shall comply with all applicable state and federal laws. (b) No captive insurance company shall do any insurance business in this state unless: (1) [It] The captive insurance company first obtains from the [Insurance Commissioner] commissioner a license authorizing [it] the captive insurance company to do insurance business in this state; (2) [Its] The captive insurance company's board of directors or committee of managers or, in the case of a reciprocal insurer, its subscribers' advisory committee holds at least one meeting each year in this state; (3) [It] The captive insurance company maintains its principal place of business in this state; and (4) [It] The captive insurance company appoints a registered agent to
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accept service of process and to otherwise act on its behalf in this state. Whenever such registered agent cannot with reasonable diligence be found at the registered office of the captive insurance company, the [Insurance Commissioner] commissioner shall be an agent of [such] the captive insurance company upon whom any process, notice or demand may be served. (c) (1) To be considered for a license, a captive insurance company shall: (A) File with the commissioner a certified copy of its organizational documents, a statement under oath of its president and secretary showing its financial condition, and any other statements or documents required by the commissioner; and (B) Submit to the commissioner for approval a description of the coverages, deductibles, coverage limits and rates and such additional information as the commissioner may require. In the event of any subsequent material change in any item in such description, the captive insurance company shall submit to the commissioner for approval an appropriate revision and shall not offer any additional kinds of insurance until a revision of such description is approved by the commissioner. The captive insurance company shall inform the commissioner of any material change in rates not later than thirty days after the adoption of such change. (2) Each applicant captive insurance company shall also file with the commissioner evidence of the following: (A) The amount and liquidity of the company's assets relative to the risks to be assumed; (B) The adequacy of the expertise, experience and character of the persons who will manage the company;
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(C) The overall soundness of the company's plan of operation; (D) The adequacy of the loss prevention programs of the company's insureds; and (E) Such other factors deemed relevant by the commissioner in ascertaining whether the proposed captive insurance company will be able to meet its policy obligations. (3) Each applicant sponsored captive insurance company shall also file with the commissioner: (A) Materials demonstrating how the applicant will account for the loss and expense experience of each protected cell at a level of detail deemed sufficient by the commissioner, and how [it] such applicant will report such experience to the commissioner; (B) A statement acknowledging that all financial records of the sponsored captive insurance company, including records pertaining to any protected cells, shall be made available for examination or inspection or by the commissioner or the commissioner's designee; (C) All contracts or sample contracts between the sponsored captive insurance company and any participants; and (D) Evidence that expenses shall be allocated to each protected cell in a fair and equitable manner. (4) Each applicant special purpose financial captive insurance company shall also: (A) Include with its plan of operation: (i) A complete description of all significant transactions, including reinsurance, reinsurance security arrangements, securitizations, related transactions or arrangements, and to the extent not included in the
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transactions listed in this clause, a complete description of all parties other than the special purpose financial captive insurance company and the ceding insurer that will be involved in the issuance of special purpose financial captive insurance company securities and a description of any pledge, hypothecation or grant of a security interest in any of the special purpose financial captive insurance company's assets and in any stock or limited liability company interest in the special purpose financial captive insurance company; (ii) The source and form of the special purpose financial captive insurance company's capital and surplus; (iii) The proposed investment policy of the special purpose financial captive insurance company; (iv) A description of the underwriting, reporting and claims payment methods by which losses covered by the reinsurance contract will be reported, accounted for and settled; (v) Pro forma balance sheets and income statements illustrating one or more adverse case scenarios, as determined under criteria required by the commissioner, for the performance of the special purpose financial captive insurance company under all reinsurance contracts; and (vi) The proposed rate and method for discounting reserves, if the special purpose financial captive insurance company is requesting authority to discount its reserves; (B) Submit an affidavit of its president, a vice president, its treasurer or its chief financial officer that includes the following statements, that to the best of such person's knowledge and belief after reasonable inquiry: (i) The proposed organization and operation of the special purpose
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financial captive insurance company comply with all applicable provisions of this chapter; (ii) The special purpose financial captive insurance company's investment policy reflects and takes into account the liquidity of assets and the reasonable preservation, administration and management of such assets with respect to the risks associated with the reinsurance contract and the insurance securitization transaction. With respect to a special purpose financial captive insurance company, "management" means the board of directors, managing board or other individual or individuals vested with overall responsibility for the management of the affairs of such company, including, but not limited to, officers or other agents elected or appointed to act on behalf of such company; and (iii) The reinsurance contract and any arrangement for securing the special purpose financial captive insurance company's obligations under such reinsurance contract, including, but not limited to, any agreements or other documentation to implement such arrangement, comply with the provisions of this chapter; and (C) Include with its application: (i) Copies of all agreements and documentation described in subparagraph (A) of this subdivision unless otherwise approved by the commissioner, and any other statements or documents required by the commissioner to evaluate the special purpose financial captive insurance company's application for licensure; and (ii) An opinion of qualified legal counsel, in a form acceptable to the commissioner, that the offer and sale of any special purpose financial captive insurance company securities complies with all applicable registration requirements or applicable exemptions from or exceptions to such requirements of the federal securities laws and that the offer and sale of securities by the special purpose financial captive insurance
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company itself comply with all registration requirements or applicable exemptions from or exceptions to such requirements of the securities laws of this state. Such opinion shall not be required as part of the application if the special purpose financial captive insurance company includes a specific statement in its plan of operation that such opinions will be provided to the commissioner in advance of the offer or sale of any special purpose financial captive insurance company securities. (5) A sponsored captive insurance company may apply to be licensed as a special purpose financial captive insurance company. Such company shall be subject to the provisions of sections 38a-91aa to 38a- 91tt, inclusive, applicable to a sponsored captive insurance company and to a special purpose financial captive insurance company. In the event of conflict between such provisions applicable to a sponsored captive insurance company and to a special purpose financial captive insurance company, the provisions applicable to a special purpose financial captive insurance company shall control. (6) Information submitted pursuant to this subsection shall be and shall remain confidential and shall not be made public by the commissioner or an employee or agent of the commissioner without the written consent of the company, except that: (A) Such information may be discoverable by a party in a civil action or contested case to which the captive insurance company that submitted such information is a party upon a showing by the party seeking to discover such information that: (i) The information sought is relevant to and necessary for the furtherance of such action or case; (ii) The information sought is unavailable from other nonconfidential sources; and (iii) A subpoena issued by a judicial or administrative officer of
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competent jurisdiction has been submitted to the commissioner, provided such submission requirement shall not apply to a risk retention group; and (B) The commissioner may, in the commissioner's discretion, disclose such information to a public official having jurisdiction over the regulation of insurance in another state, provided: (i) Such public official agrees, in writing, to maintain the confidentiality of such information; and (ii) The laws of the state in which such public official serves require such information to be and [to] remain confidential. (d) (1) Each captive insurance company shall pay to the commissioner a nonrefundable fee of eight hundred dollars for examining, investigating and processing its application for a license. The commissioner may retain legal, financial and examination services from outside the department for the licensing and financial oversight of a captive insurance company, the reasonable cost of which may be charged against such company. The provisions of subdivisions (2) to (5), inclusive, of subsection (k) of section 38a-14 shall apply to this subdivision. (2) Each captive insurance company shall pay a license fee for the first year of licensure and a renewal fee for each year thereafter as set forth in section 38a-11. (e) (1) If the commissioner finds that the documents and statements that a captive insurance company, other than a special purpose financial captive insurance company, has filed comply with the provisions of sections 38a-91aa to 38a-91tt, inclusive, the commissioner may grant a license authorizing the company to do insurance business in this state until April first thereafter. The captive insurance company may apply to renew such license on such forms as the commissioner prescribes.
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(2) (A) The commissioner may grant a license authorizing a special purpose financial captive insurance company to do reinsurance business in this state until April first thereafter upon the commissioner's finding that (i) the proposed plan of operation provides for a reasonable and expected successful operation, (ii) the terms of the reinsurance contract and related transactions comply with sections 38a-91aa to 38a- 91tt, inclusive, (iii) the proposed plan of operation is not hazardous to any ceding insurer, and (iv) the insurance regulator of the state of domicile of each ceding insurer has notified the commissioner in writing or has otherwise provided assurance satisfactory to the commissioner that such regulator has approved or has not disapproved the transaction, provided the commissioner shall not be precluded from issuing a license to a special purpose financial captive insurance company if such regulator has not responded with respect to all or any part of the transaction. (B) In conjunction with granting such license, the commissioner may issue an order to the special purpose financial captive insurance company of any additional provisions, terms or conditions regarding the organization, licensing or operation of such company that are not inconsistent with the provisions of this chapter and are deemed appropriate by the commissioner. (3) The commissioner shall not grant a license to a branch captive insurance company unless the alien captive insurance company or foreign captive insurance company grants the commissioner authority to examine the alien captive insurance company or foreign captive insurance company in the jurisdiction in which the alien captive insurance company or foreign captive insurance company is formed, operates or maintains books and records. Sec. 440. Section 38a-91dd of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022):
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Public Act No. 22-118 621 of 739
(a) (1) [The Insurance Commissioner] Except as provided in subdivision (3) of this subsection, the commissioner shall not issue a license to a captive insurance company or allow the company to retain such license unless the company has and maintains unimpaired paid-in capital and surplus of: (A) In the case of a pure captive insurance company, not less than [two hundred fifty thousand dollars;] the greater of: (i) Fifty thousand dollars; or (ii) An amount that the commissioner determines is necessary for the pure captive insurance company to meet such pure captive insurance company's policy obligations; (B) In the case of an association captive insurance company, not less than [five hundred thousand dollars;] the greater of: (i) Two hundred fifty thousand dollars; or (ii) An amount that the commissioner determines is necessary for the association captive insurance company to meet such association captive insurance company's policy obligations; (C) In the case of an industrial insured captive insurance company, not less than [five hundred thousand dollars;] the greater of: (i) Two hundred fifty thousand dollars; or (ii) An amount that the commissioner determines is necessary for the industrial insured captive insurance company to meet such industrial insured captive insurance company's policy obligations; (D) In the case of a risk retention group, not less than one million dollars;
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(E) In the case of a sponsored captive insurance company, not less than [two hundred twenty-five thousand dollars;] the greater of: (i) Seventy-five thousand dollars; or (ii) An amount that the commissioner determines is necessary for the sponsored captive insurance company to meet such sponsored captive insurance company's policy obligations; (F) In the case of a special purpose financial captive insurance company, not less than [two hundred fifty thousand dollars;] the greater of: (i) Two hundred fifty thousand dollars; or (ii) An amount that the commissioner determines is necessary for the special purpose financial captive insurance company to meet such special purpose financial captive insurance company's policy obligations; (G) In the case of a sponsored captive insurance company licensed as a special purpose financial captive insurance company, not less than [five hundred thousand dollars;] the greater of: (i) Two hundred fifty thousand dollars; or (ii) An amount that the commissioner determines is necessary for such captive insurance company to meet such captive insurance company's policy obligations; and (H) In the case of an agency captive insurance company, not less than [five hundred thousand dollars] the greater of: (i) Two hundred fifty thousand dollars; or (ii) An amount that the commissioner determines is necessary for the
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agency captive insurance company to meet such agency captive insurance company's policy obligations. (2) (A) The [Insurance Commissioner] commissioner shall not issue a license to a branch captive insurance company or allow the branch captive insurance company to retain such license unless the branch captive insurance company has and maintains, as security for the payment of liabilities attributable to the branch operations: (i) Not less than [two hundred fifty thousand dollars;] the greater of: (I) Fifty thousand dollars; or (II) An amount that the commissioner determines is necessary to secure the payment of liabilities attributable to the branch captive insurance company's operations; and (ii) Reserves on such insurance policies or such reinsurance contracts as may be issued or assumed by the branch captive insurance company through its branch operations, including reserves for losses, allocated loss adjustment expenses, incurred but not reported losses and unearned premiums with regard to business written through the branch operations. The commissioner may permit a branch captive insurance company to credit against any such reserves any [security for loss reserves that the branch captive insurance company posts with a ceding insurer or is posted by a reinsurer with the branch captive insurance company, so long as such security remains posted] assets belonging to: (I) The branch captive insurance company that are held in trust for, or otherwise segregated or controlled by, a ceding insurer, that secure the branch captive insurance company's reinsurance obligations to the ceding insurer; or (II) A reinsurer that are held in trust for, or otherwise under the control of, the branch captive insurance company, that secure the
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reinsurer's reinsurance obligations to the branch captive insurance company. (B) The amounts required under subparagraph (A) of this subdivision may be held, with the prior approval of the commissioner, in the form of: (i) [a] A trust formed under a trust agreement and funded by assets acceptable to the commissioner; [,] (ii) [an] An irrevocable letter of credit issued or confirmed by a bank approved by the commissioner; [,] (iii) [with] With respect to the amount required under subparagraph (A)(i) of this subdivision only, cash on deposit with the commissioner; [,] or (iv) [any] Any combination [thereof] of the forms described in subparagraphs (B)(i) to (B)(iii), inclusive, of this subdivision. (3) The commissioner may exempt a branch captive insurance company from the provisions of subdivisions (1) and (2) of this subsection if the branch captive insurance company is a foreign captive insurance company and the commissioner, in the commissioner's discretion, determines that the branch captive insurance company is financially stable. [(b) The commissioner may adopt regulations, in accordance with chapter 54, to establish additional capital and surplus requirements based upon the type, volume and nature of insurance business transacted.] [(c)] (b) Notwithstanding any other provision of this section, the commissioner shall have the discretion to allow a captive insurance company, other than a captive insurance company organized as a risk
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retention group, to maintain less than the required unimpaired paid-in capital and surplus set forth in subsection (a) of this section. The commissioner shall consider the type, volume and nature of the insurance or reinsurance business transacted by such a captive insurance company in establishing the amount of unimpaired paid-in capital and surplus the company is required to maintain. [(d)] (c) Except as specified in subdivision (2) of subsection (a) of this section, capital and surplus may be in the form of cash or an irrevocable letter of credit issued by a bank approved by the commissioner. (d) The commissioner may adopt regulations, in accordance with chapter 54, to establish additional capital and surplus requirements based upon the type, volume and nature of insurance business transacted. Sec. 441. Subsection (h) of section 38a-91ff of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (h) In the case of a captive insurance company licensed as a branch captive insurance company, the alien captive insurance company or foreign captive insurance company shall petition the commissioner to issue a certificate setting forth the commissioner's finding that, after considering the character, reputation, financial responsibility, insurance experience, and business qualifications of the officers and directors of the alien captive insurance company or foreign captive insurance company, the licensing and maintenance of the branch operations will promote the general good of the state. The alien captive insurance company or foreign captive insurance company may register to do business in this state after the commissioner's certificate is issued. Sec. 442. Subdivision (1) of subsection (b) of section 38a-91gg of the general statutes is repealed and the following is substituted in lieu
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Public Act No. 22-118 626 of 739
thereof (Effective July 1, 2022): (b) (1) (A) [Prior] Except as provided in subparagraph (B) of this subdivision, prior to March first of each year and, in the case of pure captive insurance companies and industrial insured captive insurance companies, prior to March fifteenth of each year, each captive insurance company [other than a branch captive insurance company shall submit to the Insurance Commissioner] shall file with the commissioner a report of [its] the captive insurance company's financial condition verified by oath of two [of its] executive officers of the captive insurance company. The commissioner shall establish the form and content of the annual report to be filed by special purpose captive insurance companies. (B) [In the case of branch captive insurance companies, prior to March first of each year, each such] Each branch captive insurance company shall [submit to] file with the commissioner a copy of all reports and statements required to be filed under the laws of the jurisdiction in which the alien captive insurance company or foreign captive insurance company is formed. Such reports and statements shall be verified by oath of two [of its] executive officers of the branch captive insurance company and filed with the commissioner on the same day that such reports and statements must be filed in the domiciliary jurisdiction of the alien captive insurance company or foreign captive insurance company. If the commissioner is satisfied that the annual report filed by the alien captive insurance company or foreign captive insurance company in [its] the domiciliary jurisdiction of the alien captive insurance company or foreign captive insurance company provides adequate information concerning the financial condition of the alien captive insurance company or foreign captive insurance company, the commissioner may waive the requirement for completion of the [captive annual statement for business written in the alien jurisdiction] annual report required under subparagraph (A) of this subdivision. If the
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Public Act No. 22-118 627 of 739
commissioner is not satisfied with such reports and statements, or if the branch captive insurance company is not required to file such reports and statements in the domiciliary jurisdiction of the alien captive insurance company or foreign captive insurance company, the branch captive insurance company shall file a report, at a time and in a form and manner prescribed by the commissioner, that provides the commissioner with adequate information concerning the financial condition of the alien captive insurance company or foreign captive insurance company. Sec. 443. Subsection (a) of section 38a-91hh of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) (1) [At least once every three years, and additionally whenever the Insurance Commissioner] Except as provided in subdivision (3) of this subsection, the commissioner or the commissioner's designee shall, whenever the commissioner determines it to be prudent [, the commissioner or the commissioner's designee shall visit each captive insurance company and thoroughly] but not less frequently than once every five years, inspect and examine [its] each captive insurance company's affairs to ascertain [its] the captive insurance company's financial condition, [its] the captive insurance company's ability to fulfill its obligations and whether [it] the captive insurance company has complied with the provisions of sections 38a-91aa to 38a-91tt, inclusive, and any other applicable provisions of this title. [The commissioner may extend the three-year period to five years, provided a captive insurance company is subject to a comprehensive annual audit during such period by independent auditors approved by the commissioner and of a scope satisfactory to the commissioner.] (2) The examination of a branch captive insurance company pursuant to this section shall be of branch business and branch operations only, as long as the branch captive insurance company provides annually to
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Public Act No. 22-118 628 of 739
the commissioner a certificate of compliance or its equivalent, issued by or filed with the licensing authority of the jurisdiction in which the branch captive insurance company is formed, and demonstrates to the commissioner's satisfaction that [it] such branch captive insurance company is operating in sound financial condition in accordance with all applicable laws and regulations of such jurisdiction. (3) The commissioner may waive the requirement that the commissioner or the commissioner's designee inspect and examine a captive insurance company's affairs pursuant to this subsection if the captive insurance company is a pure captive insurance company or a branch captive insurance company of the pure captive insurance company. Sec. 444. Subdivision (1) of subsection (a) of section 38a-91ii of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) (1) The commissioner may, at any time, for cause, suspend, revoke or refuse to renew any license of a captive insurance company, or in lieu of or in addition to suspension or revocation of such license, the commissioner, after reasonable notice to and hearing of any holder of such license, may impose a fine not to exceed ten thousand dollars. Such hearings may be held by the commissioner or any person designated by the commissioner. For purposes of this subsection, cause for such administrative action shall include, but not be limited to, the following reasons: (A) Insolvency or impairment of capital or surplus; (B) failure to meet the requirements of section 38a-91dd; (C) refusal or failure to [submit] file an annual report, as required by section 38a-91gg, or any other report or statement required by law or by lawful order of the commissioner; (D) failure to comply with the provisions of its own charter, bylaws or other organizational document; (E) failure to submit to or pay the cost of examination or any legal obligation relative thereto; (F) use of methods that, although not otherwise specifically prohibited
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Public Act No. 22-118 629 of 739
by law, nevertheless render its operation detrimental or its condition unsound with respect to the public or to its policyholders; or (G) failure otherwise to comply with the laws of this state. Sec. 445. Subsection (a) of section 38a-91kk of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) Any captive insurance company may assume reinsurance from any other insurer. [only on risks that such company is authorized to write directly.] Sec. 446. Section 38a-91qq of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): The [Insurance Commissioner] commissioner may adopt regulations, in accordance with chapter 54, as are necessary to carry out the provisions of sections 38a-91aa to [38a-91tt] 38a-91uu, inclusive, and sections 38a-91ww and 38a-91xx and to establish standards to ensure that a parent or affiliated company is able to exercise control of the risk management function of any controlled unaffiliated business to be insured by a pure captive insurance company, an industrial insured captive insurance company or a sponsored captive insurance company, except that until such regulations are approved, the commissioner may approve the coverage of such risks by a pure captive insurance company, an industrial insured captive insurance company or a sponsored captive insurance company. Sec. 447. Subparagraph (A) of subdivision (2) of subsection (g) of section 38a-91ss of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (A) Proceeds from a special purpose financial captive insurance company securitization or letters of credit or other assets described in subdivision [(18)] (19) of section 38a-91aa;
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Public Act No. 22-118 630 of 739
Sec. 448. Subsections (b) and (c) of section 38a-91uu of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (b) A dormant captive insurance company that is domiciled in this state may apply to the Insurance Commissioner for a certificate of dormancy. The certificate of dormancy shall be subject to renewal once every [two] five years, and shall be forfeited if the dormant captive insurance company commences transacting insurance business or fails to timely renew such certificate. (c) A dormant captive insurance company that has been issued a certificate of dormancy shall: (1) Possess and maintain unimpaired, paid-in capital and surplus of not less than [twenty-five] fifteen thousand dollars, provided such dormant captive insurance company shall not be required to add capital upon entering dormancy if such dormant captive insurance company was never capitalized; (2) Not later than March [15, 2018] fifteenth, annually, submit to the commissioner a report on the financial condition of such company, verified by oath of two executive officers of such company, in such form as the commissioner prescribes; and (3) Pay the license renewal fee specified in section 38a-11 for a captive insurance company. Sec. 449. Subsection (a) of section 17b-80 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) The commissioner, upon receipt of an application for aid, shall promptly and with due diligence make an investigation, such investigation to be completed within forty-five days after receipt of the
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Public Act No. 22-118 631 of 739
application or within sixty days after receipt of the application in the case of an application in which a determination of disability must be made. If an application for an award is not acted on within forty-five days after the filing of an application, or within sixty days in the case of an application in which a determination of disability must be made, the applicant may apply to the commissioner for a hearing in accordance with sections 17b-60 and 17b-61. The commissioner shall grant aid only if he finds the applicant eligible therefor, in which case he shall grant aid in such amount, determined in accordance with levels of payments established by the commissioner, as is needed in order to enable the applicant to support himself, or, in the case of temporary family assistance, to enable the relative to support such dependent child or children and himself, in health and decency, including the costs of such medical care as he deems necessary and reasonable, not in excess of the amounts set forth in the various fee schedules promulgated by the Commissioner of Social Services for medical, dental and allied services and supplies or the charges made for comparable services and supplies to the general public, whichever is less, and the cost of necessary hospitalization as is provided in section 17b-239, over and above hospital insurance or other such benefits, including workers' compensation and claims for negligent or wilful injury. The commissioner, subject to the provisions of subsection (b) of this section, shall in determining need, take into consideration any available income and resources of the individual claiming assistance. The commissioner shall make periodic investigations to determine eligibility and may, at any time, modify, suspend or discontinue an award previously made when such action is necessary to carry out the provisions of the state supplement program, medical assistance program, temporary family assistance program, state-administered general assistance program or supplemental nutrition assistance program. The parent or parents of any child for whom aid is received under the temporary family assistance program and any beneficiary receiving assistance under the state supplement program shall be conclusively presumed to have
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Public Act No. 22-118 632 of 739
accepted the provisions of sections 17b-93, [17b-94] and 17b-95. Sec. 450. Section 17b-93 of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): [(a) If a beneficiary of aid under the state supplement program, medical assistance program, aid to families with dependent children program, temporary family assistance program or state-administered general assistance program has or acquires property of any kind or interest in any property, estate or claim of any kind, except moneys received for the replacement of real or personal property, the state of Connecticut shall have a claim subject to subsections (b) and (c) of this section, which shall have priority over all other unsecured claims and unrecorded encumbrances, against such beneficiary for the amount paid, subject to the provisions of section 17b-94, to the beneficiary or on the beneficiary's behalf under said programs that the state is required to recover under federal law; and, in addition thereto, the parents of an aid to dependent children beneficiary, a state-administered general assistance beneficiary or a temporary family assistance beneficiary shall be liable to repay, subject to the provisions of section 17b-94, to the state the full amount of any such aid paid to or on behalf of either parent, his or her spouse, and his or her dependent child or children, as defined in section 17b-75. The state of Connecticut shall have a lien against property of any kind or interest in any property, estate or claim of any kind of the parents of an aid to dependent children, temporary family assistance or state administered general assistance beneficiary, in addition and not in substitution of any other state claim, for amounts owing under any order for support of any court or any family support magistrate, including any arrearage under such order, provided household goods and other personal property identified in section 52- 352b, real property pursuant to section 17b-79, as long as such property is used as a home for the beneficiary and money received for the
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Public Act No. 22-118 633 of 739
replacement of real or personal property, shall be exempt from such lien. (b) Any person who received cash benefits under the aid to families with dependent children program, the temporary family assistance program or the state-administered general assistance program, when such person was under eighteen years of age, shall not be liable to repay the state for such assistance. (c) No claim, except a claim required to be made under federal law, shall be made, or lien applied, against any payment made pursuant to chapter 135, any payment made pursuant to section 47-88d or 47-287, any moneys received as a settlement or award in a housing or employment or public accommodation discrimination case or in any action brought by a tenant or occupant or former tenant or occupant against an owner or lessor of a residential premises or manufactured mobile home park, any court-ordered retroactive rent abatement, including any made pursuant to subsection (e) of section 47a-14h or section 47a-4a, 47a-5 or 47a-57, or any security deposit refund pursuant to subsection (d) of section 47a-21 paid to a beneficiary of assistance under the state supplement program, medical assistance program, aid to families with dependent children program, temporary family assistance program or state-administered general assistance program or paid to any person who has been supported wholly, or in part, by the state, in accordance with section 17b-223, in a humane institution. (d) Notwithstanding any provision of the general statutes, whenever funds are collected pursuant to this section or section 17b-94, and the person who otherwise would have been entitled to such funds is subject to a court-ordered current or arrearage child support payment obligation in a IV-D support case, such funds shall first be paid to the state for reimbursement of Medicaid funds granted to such person for medical expenses incurred for injuries related to a legal claim by such person which was the subject of the state's lien and such funds shall then be paid to the Office of Child Support Services for distribution pursuant
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Public Act No. 22-118 634 of 739
to the federally mandated child support distribution system implemented pursuant to subsection (j) of section 17b-179. The remainder, if any, shall be paid to the state for payment of previously provided assistance through the state supplement program, medical assistance program, aid to families with dependent children program, temporary family assistance program or state-administered general assistance program. (e) The Commissioner of Social Services shall adopt regulations, in accordance with chapter 54, establishing criteria and procedures for adjustment of the claim of the state of Connecticut under subsection (a) of this section. The purpose of any such adjustment shall be to encourage the positive involvement of noncustodial parents in the lives of their children and to encourage noncustodial parents to begin making regular support payments.] [(f)] (a) On and after July 1, [2021] 2022, the state shall not recover properly paid cash assistance or medical assistance, [from] including by means of a lien filed on any real property, or a claim filed against property, a property interest or estate or claim of any kind, unless the state is required to recover such assistance under federal law or the provisions of this section. Any lien on real property or state claim against property, a property interest or estate or claim of any kind filed under this section by or on behalf of the state prior to July 1, [2021] 2022, shall be deemed released by the state if the recovery of such assistance is not required under federal law or the provisions of this section. As used in this subsection, "cash assistance" means payments made to a beneficiary of the aid to families with dependent children program, the state-administered general assistance program, the state supplement program or the temporary family assistance program. (b) Nothing in this section shall be interpreted to preclude the state, in an IV-D support case, from retaining child support collected from a parent subject to a support order of the Superior Court or family support
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Public Act No. 22-118 635 of 739
magistrate based on an assignment of support rights provided in accordance with section 17b-77, unless retaining such support would conflict with federal law. The state of Connecticut shall have a lien against property of any kind or interest in any property, estate or claim of any kind of the parent of an aid to dependent children or temporary family assistance beneficiary, in addition and not in substitution of any other state claim, for amounts owing under any order for support of any court or any family support magistrate, including any arrearage under such order, provided household goods and other personal property identified in section 52-352b, real property pursuant to section 17b-79, as long as such property is used as a home for the beneficiary and money received for the replacement of real or personal property, shall be exempt from such lien. Sec. 451. Section 17b-95 of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) [Subject to the provisions of subsection (b) of this section, upon] Upon the death of [a parent of a child who has, at any time, been a beneficiary under the program of aid to families with dependent children, the temporary family assistance program or the state- administered general assistance program, or upon the death of] any person who has at any time been a beneficiary of [aid under the state supplement program, medical assistance program, aid to families with dependent children program, temporary family assistance program or state-administered general assistance program, except as provided in subsection (b) of section 17b-93] the Medicaid program, the state shall have a claim against such [parent's or] person's estate for all amounts paid on behalf of [each such child that the state is required to recover under federal law or the provisions of section 17b-93, or for the support of either parent or such child or] such person under the [state supplement program, medical assistance program, aid to families with
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Public Act No. 22-118 636 of 739
dependent children program, temporary family assistance program or state-administered general assistance] Medicaid program for which the state has not been reimbursed and that the state is required to recover under federal law, [or the provisions of section 17b-93,] to the extent that the amount which the surviving spouse, parent or dependent children of the decedent would otherwise take from such estate is not needed for their support. [Notwithstanding the provisions of this subsection, effective for services provided on or after January 1, 2014, no state claim pursuant to this section shall be made against the estate of a recipient of medical assistance under the Medicaid Coverage for the Lowest Income Populations program, established pursuant to Section 1902(a)(10)(A)(i)(VIII) of the Social Security Act, as amended from time to time, except to the extent required by federal law. (b) In the case of any person dying after October 1, 1959, the claim for medical payments, even though such payments were made prior thereto, shall be restricted to medical disbursements actually made for care of such deceased beneficiary.] [(c)] (b) Claims pursuant to this section shall have priority over all unsecured claims against such estate, except (1) expenses of last sickness not to exceed three hundred seventy-five dollars, (2) funeral and burial expenses in accordance with sections 17b-84 and 17b-131, and (3) administrative expenses, including probate fees and taxes, and including fiduciary fees not exceeding the following commissions on the value of the whole estates accounted for by such fiduciaries: On the first two thousand dollars or portion thereof, five per cent; on the next eight thousand dollars or portion thereof, four per cent; on the excess over ten thousand dollars, three per cent. Upon petition by any fiduciary, the Probate Court, after a hearing thereon, may authorize compensation in excess of the above schedule for extraordinary services. Notice of any such petition and hearing shall be given to the Commissioner of Administrative Services in Hartford at least ten days in advance of such
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Public Act No. 22-118 637 of 739
hearing. The allowable funeral and burial payment herein shall be reduced by the amount of any prepaid funeral arrangement. Any amount paid from the estate under this section to any person which exceeds the limits provided herein shall be repaid to the estate by such person, and such amount may be recovered in a civil action with interest at six per cent from the date of demand. [(d)] (c) For purposes of this section, all sums due on or after July 1, 2003, to any individual after the death of a [public assistance] Medicaid beneficiary pursuant to the terms of an annuity contract purchased at any time with assets of a [public assistance] Medicaid beneficiary, shall be deemed to be part of the estate of the deceased beneficiary and shall be payable to the state by the recipient of such annuity payments to the extent necessary to achieve full reimbursement of any [public assistance] Medicaid benefits paid to, or on behalf of, the deceased beneficiary that the state is required to recover under federal law [or] and the provisions of section 17b-93, irrespective of any provision of law. The recipient of beneficiary payments from any such annuity contract shall be solely liable to the state of Connecticut for reimbursement of [public assistance] Medicaid benefits paid to, or on behalf of, the deceased beneficiary that the state is required to recover under federal law [or] and the provisions of section 17b-93 to the extent of any payments received by such recipient pursuant to the annuity contract. [(e) On and after July 1, 2021, the state shall not recover cash assistance or medical assistance from a claim filed on any property, property interest, proceeds from a cause of action or estate, unless the state is required to recover such assistance under federal law or the provisions of section 17b-93. Any claim filed under this section by or on behalf of the state on such property, property interest, proceeds from a cause of action or estate prior to July 1, 2021, shall be released by the state if the recovery of such assistance is not required under federal law
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Public Act No. 22-118 638 of 739
or the provisions of section 17b-93. As used in this subsection, "cash assistance" means payments made to a beneficiary of the aid to families with dependent children program, the state-administered general assistance program, the state supplement program or the temporary family assistance program.] Sec. 452. Subsection (a) of section 17b-265 of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022): (a) In accordance with 42 USC 1396k, the Department of Social Services shall be subrogated to any right of recovery or indemnification that an applicant or recipient of medical assistance or any legally liable relative of such applicant or recipient has against an insurer or other legally liable third party including, but not limited to, a self-insured plan, group health plan, as defined in Section 607(1) of the Employee Retirement Income Security Act of 1974, service benefit plan, managed care organization, health care center, pharmacy benefit manager, dental benefit manager, third-party administrator or other party that is, by statute, contract or agreement, legally responsible for payment of a claim for a health care item or service, for the cost of all health care items or services furnished to the applicant or recipient, including, but not limited to, hospitalization, pharmaceutical services, physician services, nursing services, behavioral health services, long-term care services and other medical services, not to exceed the amount expended by the department for such care and treatment of the applicant or recipient. In the case of such a recipient who is an enrollee in a care management organization under a Medicaid care management contract with the state or a legally liable relative of such an enrollee, the department shall be subrogated to any right of recovery or indemnification which the enrollee or legally liable relative has against such a private insurer or other third party for the medical costs incurred by the care management organization on behalf of an enrollee. Whenever funds owed to a person
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