Bill Text: CT HB05255 | 2010 | General Assembly | Introduced
Bill Title: An Act Concerning Municipal Mandate Relief.
Spectrum: Strong Partisan Bill (Democrat 55-3-1)
Status: (Passed) 2010-06-08 - Signed by the Governor [HB05255 Detail]
Download: Connecticut-2010-HB05255-Introduced.html
General Assembly |
Raised Bill No. 5255 | ||
February Session, 2010 |
LCO No. 1173 | ||
*01173_______PD_* | |||
Referred to Committee on Planning and Development |
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Introduced by: |
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(PD) |
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AN ACT CONCERNING MUNICIPAL MANDATE RELIEF.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 7-406 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The board of finance or other corresponding board in each town, or, if there is no such board, the selectmen, shall annually prepare [and have published] a town report. Such report shall be available for distribution and shall contain, in addition to reports of town officers or boards required by law to be included, a statement of the amount received by such town under the provisions of part IIa of chapter 240 together with an itemized account of the disposition of such amount, and such other matter as the board of finance or other corresponding board deems advisable. Towns with a population of five thousand or less [, as computed by the Secretary of the Office of Policy and Management,] shall publish their receipts and expenditures and the names of all persons, firms or corporations, other than recipients of support under sections 17b-122, 17b-124 to 17b-132, inclusive, 17b-136 to 17b-138, inclusive, 17b-194 to 17b-197, inclusive, 17b-222 to 17b-250, inclusive, 17b-256, 17b-263, 17b-340 to 17b-350, inclusive, 17b-689b and 17b-743 to 17b-747, inclusive, receiving money from such towns, together with the total amount of payments in excess of fifty dollars to each, unless such town has a bookkeeping system [approved by the secretary] setting forth all the receipts and expenditures in detail, in which case it shall not be necessary for the town to publish in its report the names of all persons, firms or corporations receiving money from such towns, together with the total amount of payments in excess of fifty dollars to each. A town report may be an electronic record, as defined in section 1-267, notwithstanding any provision of the charter or home rule ordinance of the town. Any such electronic record shall be deemed available for distribution if posted on the web site of the town.
Sec. 2. Section 47a-42 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2010):
(a) Whenever a judgment is entered against a defendant pursuant to section 47a-26, 47a-26a, 47a-26b or 47a-26d for the recovery of possession or occupancy of residential property, such defendant and any other occupant bound by the judgment by subsection (a) of section 47a-26h shall forthwith remove himself or herself, such defendant's or occupant's possessions and all personal effects unless execution has been stayed pursuant to sections 47a-35 to 47a-41, inclusive. If execution has been stayed, such defendant or occupant shall forthwith remove himself or herself, such defendant's or occupant's possessions and all personal effects upon the expiration of any stay of execution. If the defendant or occupant has not so removed himself or herself upon entry of a judgment pursuant to section 47a-26, 47a-26a, 47a-26b or 47a-26d, and upon expiration of any stay of execution, the plaintiff may obtain an execution upon such summary process judgment, and the defendant or other occupant bound by the judgment by subsection (a) of section 47a-26h and the possessions and personal effects of such defendant or other occupant may be removed by a state marshal, pursuant to such execution. [, and such possessions and personal effects may be set out on the adjacent sidewalk, street or highway.]
(b) Before any such removal, the state marshal charged with executing upon any such judgment of eviction shall [give the chief executive officer of the town twenty-four hours notice of the eviction, stating the date, time and location of such eviction as well as a general description, if known, of the types and amount of property to be removed from the premises. Before giving such notice to the chief executive officer of the town, the state marshal shall] use reasonable efforts to locate and notify the defendant of the date and time such eviction is to take place and of the possibility of a sale pursuant to subsection (c) of this section. Such notice shall include service upon each defendant and upon any other person in occupancy, either personally or at the premises, of a true copy of the summary process execution. Such execution shall be on a form prescribed by the Judicial Department, shall be in clear and simple language and in readable format, and shall contain, in addition to other notices given to the defendant in the execution, a conspicuous notice, in large boldface type, that a person who claims to have a right to continue to occupy the premises should immediately contact an attorney.
(c) Whenever [the possessions and personal effects of a defendant are set out on the sidewalk, street or highway, and are not immediately removed by the defendant, the chief executive officer of the town shall remove and] a state marshal removes the possessions and personal effects of the defendant, the state marshal shall store the same. Such removal and storage shall be at the expense of the defendant. If such possessions and personal effects are not called for by the defendant and the expense of such removal and storage is not paid to the [chief executive officer within] state marshal not later than fifteen days after such eviction, the [chief executive officer] state marshal shall sell the same at public auction, after using reasonable efforts to locate and notify the defendant of such sale and after [posting notice of such sale for one week on the public signpost nearest to the place where the eviction was made, if any, or at some exterior place near the office of the town clerk] publishing a notice of such sale in a newspaper having a circulation in the state at least five days before the auction. The [chief executive officer] state marshal shall deliver to the defendant the net proceeds of such sale, if any, after deducting a reasonable charge for removal and storage of such possessions and effects. If the defendant does not demand the net proceeds [within] not later than thirty days after such sale, the [chief executive officer] state marshal shall turn over the net proceeds of the sale to the [town treasury] State Treasurer.
Sec. 3. Section 49-22 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) In any action brought for the foreclosure of a mortgage or lien upon land, or for any equitable relief in relation to land, the plaintiff may, in his complaint, demand possession of the land, and the court may, if it renders judgment in his favor and finds that he is entitled to the possession of the land, issue execution of ejectment, commanding the officer to eject the person or persons in possession of the land and to put in possession thereof the plaintiff or the party to the foreclosure entitled to the possession by the provisions of the decree of said court, provided no execution shall issue against any person in possession who is not a party to the action except a transferee or lienor who is bound by the judgment by virtue of a lis pendens. The officer shall eject the person or persons in possession. [and may remove such person's possessions and personal effects and set them out on the adjacent sidewalk, street or highway.]
(b) Before any such removal, the state marshal charged with executing upon the ejectment shall [give the chief executive officer of the town twenty-four hours notice of the ejectment, stating the date, time and location of such ejectment as well as a general description, if known, of the types and amount of property to be removed from the land. Before giving such notice to the chief executive officer of the town, the state marshal shall] use reasonable efforts to locate and notify the person or persons in possession of the date and time such ejectment is to take place and of the possibility of a sale pursuant to subsection (c) of this section.
(c) Whenever a mortgage or lien upon land has been foreclosed and execution of ejectment issued, and [the possessions and personal effects of the person in possession thereof are set out on the sidewalk, street or highway, and are not immediately removed by such person, the chief executive officer of the town shall remove and] a state marshal removes the possessions and personal effects of the person or persons in possession, the state marshal shall store the same. Such removal and storage shall be at the expense of such person or persons. If the possessions and effects are not called for by such person or persons and the expense of the removal and storage is not paid to the [chief executive officer within] state marshal not later than fifteen days after such ejectment, the [chief executive officer] state marshal shall sell the same at public auction, after using reasonable efforts to locate and notify such person or persons of the sale and after [posting notice of the sale for one week on the public signpost nearest to the place where the ejectment was made, if any, or at some exterior place near the office of the town clerk] publishing a notice of such sale in a newspaper having a general circulation in the state at least five days before the auction. The [chief executive officer] state marshal shall deliver to such person or persons the net proceeds of the sale, if any, after deducting a reasonable charge for removal and storage of such possessions and effects. If such person [does] or persons do not demand the net proceeds [within] not later than thirty days after the sale, the [chief executive officer] state marshal shall turn over the net proceeds of the sale to the [town treasury] State Treasurer.
Sec. 4. Section 7-3 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The warning of each town meeting, and of each meeting of a city, borough, school district or other public community or of an ecclesiastical society, shall specify the objects for which such meeting is to be held. Notice of a town meeting shall be given by posting, upon a signpost or other exterior place near the office of the town clerk of such town and at such other place or places as may be designated as hereinafter provided, a printed or written warning signed by the selectmen, or a majority of them, and by publishing a like warning in a newspaper published in such town or having a circulation therein, such posting and such publication to be at least five days previous to holding the meeting, including the day that notice is given and any Sunday and any legal holiday which may intervene between such posting and such publication and the day of holding such meeting, but not including the day of holding such meeting; but any town may, at an annual meeting, designate any other place or places, in addition to the signpost or other exterior place, at which such warnings shall be set up. The selectmen shall, on or before the day of such meeting, cause a copy of each such warning to be left with the town clerk, who shall record the same. Notice of a meeting of a city or borough shall be given by posting, upon a signpost or other exterior place nearest to the office of the clerk of such city or borough or at such place or places as may be designated by special charter provision, a written or printed warning signed by the mayor or clerk in the case of a city or by the warden or clerk in the case of a borough, and by publishing a like warning in a newspaper published within the limits of such city or borough, or having a circulation therein, at least five days previous to holding the meeting, including the day that notice is given and any Sunday and any legal holiday which may intervene between such posting and such publication and the day of holding such meeting, but not including the day of holding such meeting. Notwithstanding the provisions of this section or any charter or home rule ordinance, any warning or notice of a meeting under this section may be posted on the web site of the town, city, borough, school district or other public community or ecclesiastical society, in lieu of publication in a newspaper, provided all other requirements of this section with respect to such warning or notice are met.
Sec. 5. Section 8-3 of the 2010 supplement to the general statutes is amended by adding subsection (n) as follows (Effective from passage):
(NEW) (n) Notwithstanding the provisions of this section or any charter or home rule ordinance, any notice required under subsections (d), (f) and (g) of this section may be posted on the web site of the municipality in lieu of publication in a newspaper, provided all other requirements of this section with respect to such notice are met.
Sec. 6. Section 8-7d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) In all matters wherein a formal petition, application, request or appeal must be submitted to a zoning commission, planning and zoning commission or zoning board of appeals under this chapter, a planning commission under chapter 126 or an inland wetlands agency under chapter 440 or an aquifer protection agency under chapter 446i and a hearing is required or otherwise held on such petition, application, request or appeal, such hearing shall commence within sixty-five days after receipt of such petition, application, request or appeal and shall be completed within thirty-five days after such hearing commences, unless a shorter period of time is required under this chapter, chapter 126, chapter 440 or chapter 446i. Notice of the hearing shall be published in a newspaper having a general circulation in such municipality where the land that is the subject of the hearing is located at least twice, at intervals of not less than two days, the first not more than fifteen days or less than ten days and the last not less than two days before the date set for the hearing. Notwithstanding the provisions of this section or any charter or home rule ordinance, notice of such hearing may be posted on the web site of the municipality in lieu of publication in a newspaper, provided all other requirements of this section with respect to such notice are met. In addition to such notice, such commission, board or agency may, by regulation, provide for additional notice. Such regulations shall include provisions that the notice be mailed to persons who own land that is adjacent to the land that is the subject of the hearing or be provided by posting a sign on the land that is the subject of the hearing, or both. For purposes of such additional notice, (1) proof of mailing shall be evidenced by a certificate of mailing, and (2) the person who owns land shall be the owner indicated on the property tax map or on the last-completed grand list as of the date such notice is mailed. All applications and maps and documents relating thereto shall be open for public inspection. At such hearing, any person or persons may appear and be heard and may be represented by agent or by attorney. All decisions on such matters shall be rendered not later than sixty-five days after completion of such hearing, unless a shorter period of time is required under this chapter, chapter 126, chapter 440 or chapter 446i. The petitioner or applicant may consent to one or more extensions of any period specified in this subsection, provided the total extension of all such periods shall not be for longer than sixty-five days, or may withdraw such petition, application, request or appeal.
(b) Notwithstanding the provisions of subsection (a) of this section, whenever the approval of a site plan is the only requirement to be met or remaining to be met under the zoning regulations for any building, use or structure, a decision on an application for approval of such site plan shall be rendered not later than sixty-five days after receipt of such site plan. Whenever a decision is to be made on an application for subdivision approval under chapter 126 on which no hearing is held, such decision shall be rendered not later than sixty-five days after receipt of such application. Whenever a decision is to be made on an inland wetlands and watercourses application under chapter 440 on which no hearing is held, such decision shall be rendered not later than sixty-five days after receipt of such application. Whenever a decision is to be made on an aquifer protection area application under chapter 446i on which no hearing is held, such decision shall be rendered not later than sixty-five days after receipt of such application. The applicant may consent to one or more extensions of such period, provided the total period of any such extension or extensions shall not exceed sixty-five days or may withdraw such plan or application.
(c) For purposes of subsection (a) or (b) of this section and section 7-246a, the date of receipt of a petition, application, request or appeal shall be the day of the next regularly scheduled meeting of such commission, board or agency, immediately following the day of submission to such commission, board or agency or its agent of such petition, application, request or appeal or thirty-five days after such submission, whichever is sooner. If the commission, board or agency does not maintain an office with regular office hours, the office of the clerk of the municipality shall act as the agent of such commission, board or agency for the receipt of any petition, application, request or appeal.
(d) The provisions of subsection (a) of this section shall not apply to any action initiated by any zoning commission, planning commission or planning and zoning commission regarding adoption or change of any zoning regulation or boundary or any subdivision regulation.
(e) Notwithstanding the provisions of this section, if an application involves an activity regulated pursuant to sections 22a-36 to 22a-45, inclusive, as amended by this act, and the time for a decision by a zoning commission or planning and zoning commission established pursuant to this section would elapse prior to the thirty-fifth day after a decision by the inland wetlands agency, the time period for a decision shall be extended to thirty-five days after the decision of such agency. The provisions of this subsection shall not be construed to apply to any extension consented to by an applicant or petitioner.
(f) The zoning commission, planning commission, zoning and planning commission, zoning board of appeals, inland wetlands agency or aquifer protection agency shall notify the clerk of any adjoining municipality of the pendency of any application, petition, appeal, request or plan concerning any project on any site in which: (1) Any portion of the property affected by a decision of such commission, board or agency is within five hundred feet of the boundary of the adjoining municipality; (2) a significant portion of the traffic to the completed project on the site will use streets within the adjoining municipality to enter or exit the site; (3) a significant portion of the sewer or water drainage from the project on the site will flow through and significantly impact the drainage or sewerage system within the adjoining municipality; or (4) water runoff from the improved site will impact streets or other municipal or private property within the adjoining municipality. Such notice shall be made by certified mail, return receipt requested, and shall be mailed [within] not later than seven days [of] after the date of receipt of the application, petition, request or plan. Such adjoining municipality may, through a representative, appear and be heard at any hearing on any such application, petition, appeal, request or plan.
(g) (1) Any zoning commission, planning commission or planning and zoning commission initiating any action regarding adoption or change of any zoning regulation or boundary or any subdivision regulation or regarding the preparation or amendment of the plan of conservation and development shall provide notice of such action in accordance with this subsection in addition to any other notice required under any provision of the general statutes.
(2) A zoning commission, planning commission or planning and zoning commission shall establish a public notice registry of landowners, electors and nonprofit organizations qualified as tax-exempt organizations under the provisions of Section 501(c) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, requesting notice under this subsection. Each municipality shall notify residents of such registry and the process for registering for notice under this subsection. The zoning commission, planning commission or planning and zoning commission shall place on such registry the names, [and] addresses and electronic mail addresses of any such landowner, elector or organization upon written request of such landowner, elector or organization. A landowner, elector or organization that does not have an electronic mail service provider may request such notice be sent by United States mail. [or by electronic mail.] The name and address of a landowner, elector or organization who requests to be placed on the public notice registry shall remain on such registry for a period of three years after the establishment of such registry. Thereafter any land owner, elector or organization may request to be placed on such registry for additional periods of three years.
(3) Any notice under this subsection shall be [mailed] sent by electronic mail to all landowners, electors and organizations in the public notice registry not later than seven days prior to the commencement of the public hearing on such action, if feasible, provided such notice shall be sent by United States mail to a landowner, elector or organization that does not have an electronic mail provider and that has submitted a request pursuant to subdivision (2) of this subsection. Such notice may be [mailed by electronic mail] sent by United States mail if the zoning commission, planning commission or planning and zoning commission or the municipality [has] does not have an electronic mail service provider.
(4) No zoning commission, planning commission or planning and zoning commission shall be civilly liable to any landowner, elector or nonprofit organization requesting notice under this subsection with respect to any act done or omitted in good faith or through a bona fide error that occurred despite reasonable procedures maintained by the zoning commission, planning commission or planning and zoning commission to prevent such errors in complying with the provisions of this section.
Sec. 7. Subsection (d) of section 8-26 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(d) The commission shall approve, modify and approve, or disapprove any subdivision or resubdivision application or maps and plans submitted therewith, including existing subdivisions or resubdivisions made in violation of this section, within the period of time permitted under section 8-26d. Notice of the decision of the commission shall be published in a newspaper having a substantial circulation in the municipality and addressed by certified mail to any person applying to the commission under this section, by its secretary or clerk, under his signature in any written, printed, typewritten or stamped form, [within] not later than fifteen days after such decision has been rendered. Notwithstanding the provisions of this subsection or any charter or home rule ordinance, notice of such hearing may be posted on the web site of the municipality in lieu of publication in a newspaper, provided all other requirements of this subsection with respect to such notice are met. In any case in which such notice is not published or posted within such fifteen-day period, the person who made such application may provide for the publication of such notice [within] not later than ten days thereafter. Such notice shall be a simple statement that such application was approved, modified and approved or disapproved, together with the date of such action. The failure of the commission to act thereon shall be considered as an approval, and a certificate to that effect shall be issued by the commission on demand. The grounds for its action shall be stated in the records of the commission. No planning commission shall be required to consider an application for approval of a subdivision plan while another application for subdivision of the same or substantially the same parcel is pending before the commission. For the purposes of this subsection, an application is not "pending before the commission" if the commission has rendered a decision with respect to such application and such decision has been appealed to the Superior Court.
Sec. 8. Section 8-28 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
Notice of all official actions or decisions of a planning commission, not limited to those relating to the approval or denial of subdivision plans, shall be published in a newspaper having a substantial circulation in the municipality within fifteen days after such action or decision. Notwithstanding the provisions of this section or any charter or home rule ordinance, notice of such official action or decision may be posted on the web site of the municipality in lieu of publication in a newspaper, provided all other requirements of this section with respect to such notice are met. Any appeal from an action or decision of a planning commission shall be taken pursuant to the provisions of section 8-8.
Sec. 9. Section 9-16 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The registrars of voters in each town shall give notice of the time and place of each session for the admission of electors held pursuant to section 9-17 by publication in a newspaper published or circulated in such town not more than fifteen nor less than five days before each such session. Notwithstanding the provisions of this section or any charter or home rule ordinance, notice of any such session may be posted on the web site of the town in lieu of publication in a newspaper, provided all other requirements of this section with respect to such notice are met. Nothing [herein] in this section shall require that [such] publication in a newspaper, if any, be in the form of a legal advertisement.
Sec. 10. Section 9-37 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
Each registrar shall keep a copy of the preliminary registry list for his use in revision. Such registrars shall give notice in such list of the times and places at which they will hold one or more sessions during the period between the Saturday of the fifth week before the regular election and the Saturday of the fourth week before the regular election, for the revision and correction of such list which, when completed, shall be termed the "final registry list" for such election. In each municipality having a population of more than five thousand, they shall also give notice of such times and places by publication in a newspaper circulating in such municipality and by posting the same on the signpost therein, if any, and at the office of the town clerk at least five days before the first of such sessions. Notwithstanding the provisions of this section or any charter or home rule ordinance, notice of any such session may be posted on the web site of the municipality in lieu of publication in a newspaper, provided all other requirements of this section with respect to such notice are met. The number of sessions shall be fixed by the registrars of each municipality. The registrars shall also hold sessions, of which no public notice need be given, for the purpose of correcting such preliminary list, and for the purpose of adding to such list the names of persons entitled to be registered thereon, on each day they are in session for the admission of electors pursuant to section 9-17, and they may also hold sessions for revision and correction of the registry list on any other day, except during the period of six days preceding any regular election. On the fourteenth day before a primary, the registrars shall hold an additional session to hear such requests for adding names to the registry list, in accordance with the procedure provided in this section, and the registrars shall publish notice of such sessions in a newspaper having general circulation in such municipality at least five days before such sessions. Nothing in this section shall require that [such] publication in a newspaper, if any, be in the form of a legal advertisement.
Sec. 11. Section 9-53 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The registrars of voters in each municipality in which an enrollment session is to be held shall give notice of such session, and of the purpose, day, hours and place thereof, by publication in a newspaper published in or having a circulation in such municipality, not more than fifteen nor less than five days before such session. Notwithstanding the provisions of this section or any charter or home rule ordinance, notice of any such session may be posted on the web site of the municipality in lieu of publication in a newspaper, provided all other requirements of this section with respect to such notice are met. Nothing [herein] in this section shall require that [such] publication in a newspaper, if any, be in the form of a legal advertisement. In each municipality divided into two voting districts which elects registrars of voters for each voting district, any session for enrollment in such municipality shall be held in each such district thereof by the registrars of such district, and the notice hereinbefore required shall specify the place in each such district in which such session is to be held. In each municipality divided into voting districts which elects registrars of voters for the entire municipality, any session for enrollment in such municipality may, if the registrars so decide, be held in each such district by assistant registrars appointed under section 9-192, provided the registrars in the notice hereinbefore required shall specify the place in each such district in which such session is to be held. When such a session is so held in each such district by such assistant registrars, within forty-eight hours after the close of each of such sessions, each of such assistant registrars shall deliver to the registrar of whom he is the appointee a true and attested list or lists, as made by such assistant registrars at such session, showing all enrollments and corrections, if any, by them made, together with a list of all applications rejected under the provisions of sections 9-60 and 9-63.
Sec. 12. Section 9-164 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) Notwithstanding any contrary provision of law, there shall be held in each municipality, biennially, a municipal election on the first Monday of May or the Tuesday after the first Monday of November, of the odd-numbered years, whichever date the legislative body of such municipality determines, provided, if no action is taken by the legislative body to so designate the date of such election, such election shall be held on the Tuesday after the first Monday of November of the odd-numbered years. In any municipality where the term of any elected official would expire prior to the next regular election held under the provisions of this section, the term of such official shall be extended to the date of such election.
(b) Upon the occurrence of a vacancy in a municipal office or upon the creation of a new office to be filled prior to the next regular election, a special municipal election may be convened either by the board of selectmen of the municipality or upon application of twenty electors of the municipality filed with the municipal clerk. The date of such election shall be determined by the board of selectmen of the municipality, and notice of such date shall be filed with the municipal clerk. In determining the date of such election, the board of selectmen shall allow the time specified for holding primaries for municipal office in section 9-423 and the time specified for the selection of party-endorsed candidates for municipal office in section 9-391. On application of twenty electors of the municipality, the date of such election, as determined by the board of selectmen, shall be not later than the one hundred fiftieth day following the filing of such application. Except as otherwise provided by general statute, the provisions of the general statutes pertaining to elections and primaries shall apply to special municipal elections. No such election may be held unless the municipal clerk first files notice of the office or offices to be filled at such election with the town chairman of the town committee of each major and minor party within the municipality and with the secretary of the state at least three weeks in advance of the final time specified for the selection of party-endorsed candidates for municipal office in section 9-391. The municipal clerk shall forthwith warn such election in the same manner as the warning of municipal elections pursuant to section 9-226, as amended by this act. Notwithstanding the provisions of any charter or home rule ordinance, such warning may be posted on the web site of the municipality in lieu of publication in a newspaper, provided all other requirements of this section with respect to such warning are met.
(c) Notwithstanding any provision of subsection (b) of this section, [to the contrary,] any town which by charter provides that a vacancy in its legislative body shall be filled by a special election held no later than forty-five days after the effective date of the vacancy shall hold such election not later than forty-five days after the occurrence of the vacancy. No such election may be held unless the municipal clerk forthwith upon the occurrence of the vacancy files notice of the office to be filled at the election with the town chairman of the town committee of each major and minor party within the municipality and with the Secretary of the State. Nominations by political parties for such office shall be made as the rules of such parties which are filed with the town clerk provide, in accordance with section 9-390. Such nominations may be made and certified at any time after the vacancy occurs but not later than the thirty-sixth day before the day of the election. No such nomination shall be effective until the presiding officer and secretary of the town committee certify the nomination to the town clerk. No primary shall be held for the nomination of any political party to fill any vacancy in such office and the party-endorsed candidate so certified shall be deemed the nominee of such party. Nominations may also be made by petition in the manner provided in sections 9-379 and 9-453a to 9-453p, inclusive, which petitions shall be submitted to the town clerk of the town in which the signers reside not later than the thirty-sixth day before the day of the election and filed in the office of the Secretary of the State not later than two days thereafter. The municipal clerk shall forthwith warn such election in the same manner as the warning of municipal elections pursuant to section 9-226, as amended by this act. Notwithstanding the provisions of any charter or home rule ordinance, such warning may be posted on the web site of the town in lieu of publication in a newspaper, provided all other requirements of this section with respect to such warning are met.
Sec. 13. Section 9-225 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The town clerk or assistant town clerk of each town shall warn the electors therein to meet on the Tuesday following the first Monday in November in the even-numbered years, at six o'clock a.m., which warning shall be given by publication in a newspaper having a general circulation in such town not more than fifteen nor less than five days previous to holding such election. Notwithstanding the provisions of this section or any charter or home rule ordinance, such warning may be posted on the web site of the town in lieu of publication in a newspaper, provided all other requirements of this section with respect to such warning are met. The clerk in each town shall, in the warning for such election, give notice of the time and the location of the polling place in the town, and in towns divided into voting districts, of the time and the location of the polling place in each district, at which such election will be held. The town clerk shall record each such warning.
Sec. 14. Section 9-226 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The warning of each municipal election shall specify the objects for which such election is to be held. Notice of a town election shall be given by the town clerk or assistant town clerk, by publishing a warning in a newspaper published in such town or having a general circulation therein, such publication to be not more than fifteen, nor less than five days previous to holding the election. The town clerk in each town shall, in the warning for such election, give notice of the time and the location of the polling place in the town and, in towns divided into voting districts, of the time and the location of the polling place in each district. The town clerk shall record each such warning. Notice of an election of a city or borough shall be given by publishing a warning in a newspaper published within the limits of such city or borough, or having a general circulation therein, not more than fifteen nor less than five days previous to holding the election, which warning shall include notice of the time and the location of the polling place in such city or borough and, in cities and boroughs divided into voting districts, of the time and the location of the polling place in each district. Notwithstanding the provisions of this section or any charter or home rule ordinance, such warning may be posted on the web site of the town in lieu of publication in a newspaper, provided all other requirements of this section with respect to such warning are met.
Sec. 15. Section 9-332 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
If the electors fail to choose a candidate for any office by reason of an equality of votes at any election, and no provision is otherwise made by law for the election of a candidate to such office, such election shall stand adjourned for three weeks at the same hour at which the first election was held. Ballot labels of the same form and description as described in sections 9-250 to 9-256, inclusive, except that such ballot labels shall contain only the names of the candidates for whom the same are to be voted, shall be used in the election on such adjourned day, and the election shall be conducted in the same manner as on the first day, except that the votes shall be cast for such officer only. Ballot labels for such election shall be provided forthwith by the clerk of the municipality wherein such election stands adjourned, and such clerk shall furnish the Secretary of the State with an accurate list of all candidates to be voted for at such adjourned election. The clerk of the municipality wherein such election so stands adjourned shall, at least three days prior to the day of such adjourned election, give notice of the day, hours, place and purpose thereof by publishing such notice in a newspaper published in such municipality or having a circulation therein. Notwithstanding the provisions of this section or of any charter or home rule ordinance, such notice may be posted on the web site of the municipality in lieu of publication in a newspaper, provided all other requirements of this section with respect to such notice are met. No such election shall be held if prior to such election all but one of the candidates for such office die, withdraw their names or for any reason become disqualified to hold such office, and, in such event, the remaining candidate shall be deemed to be lawfully elected to such office. No withdrawal shall be valid until the candidate who has withdrawn has filed a letter of withdrawal signed by such candidate with the Secretary of the State or, in the case of a municipal office, until the candidate who has withdrawn has filed a letter of withdrawal signed by such candidate with the municipal clerk. When such an election is required to be held under the provisions of this section for any office other than a municipal office, and prior to such election all but one of the candidates for such office die, withdraw their names or for any reason become disqualified to hold such office, the Secretary of the State shall forthwith notify the clerk of each municipality wherein such election was to have been held of such fact, and shall forthwith direct each such clerk that such election shall not be held. In the case of a multiple opening office only the names of those candidates whose votes are equal shall be placed on the ballot label of the adjourned election.
Sec. 16. Section 9-395 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) Forthwith upon the certification provided in section 9-391, the clerk of the municipality shall publish, in a newspaper having a general circulation in such municipality, the fact of such certification and that a list of the persons endorsed as candidates is on file in his office and copies thereof are available for public distribution. Notwithstanding the provisions of this section or of any charter or home rule ordinance, notice of such certification and the availability of copies of such list may be posted on the web site of the municipality in lieu of publication in a newspaper, provided all other requirements of this section with respect to such notice are met. If, with respect to any office or position to be filled, the clerk of the municipality has failed to receive the certification of the name of any person as a party-endorsed candidate within the time limited in section 9-391, such fact shall be published by the clerk of the municipality. Together with such information, the clerk shall publish a notice that a primary will be held for the nomination by such political party of a candidate for the offices to be filled or for the election of members of the town committee, as the case may be, if a candidacy is filed in accordance with the provisions of sections 9-382 to 9-450, inclusive. Such notice shall specify the final date for the filing of such candidacy and the date of the primary, shall state where forms for petitions may be obtained and shall generally indicate the method of procedure in the filing of such candidacy. The Secretary of the State shall prescribe the form of such notice. The clerk shall forthwith publish any change in the party-endorsed candidates, listing such changes. As used in this section, the terms "publish" or "publication" shall be construed to include the posting of information on the web site of the municipality.
(b) In any year in which a state election is to be held, the notice described in subsection (a) of this section shall: (1) Be published not later than the seventy-sixth day preceding the day of the primary, (2) indicate that the certification provided in section 9-391 can be made, and (3) indicate that a list of persons endorsed as candidates will be on file in the clerk's office, as provided in subsection (a) of this section. The requirement contained in subsection (a) of this section to publish the fact that the clerk of the municipality has failed to receive the certification of the name of any person as a party-endorsed candidate within the time limit in section 9-391, shall not apply to the notice required by this subsection.
Sec. 17. Section 9-433 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
After the deadline set forth in section 9-400 for filing candidacies, and upon the completion of the tabulation of petition signatures, if any, if one or more candidacies for nomination by a political party to a state or district office have been filed in accordance with the provisions of section 9-400, the Secretary of the State shall notify the clerk of each town within the state or within the district, as the case may be, that a primary is to be held by such party for the nomination of such party to such office. Such notice shall include a list of all the proposed candidates, those endorsed by the convention as well as those filing candidacies, together with their addresses and the titles of the office for which they are candidates and, if applicable, a statement that unaffiliated electors may vote in the primary. The clerk of each such town shall thereupon cause such notice to be published forthwith in a newspaper having a general circulation in such town, together with a statement of the date upon which the primary is to be held, the hours during which the polls shall be open and the location of the polls. Notwithstanding the provisions of this section or any charter or home rule ordinance, such notice and statement may be posted on the web site of the town in lieu of publication in a newspaper, provided all other requirements of this section with respect to such notice and statement are met.
Sec. 18. Section 9-435 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
Except as provided in sections 9-418 and 9-419, if in any municipality, within the time specified in section 9-405, a candidacy for nomination by a political party to any municipal office or for election as a town committee member is filed with the registrar, in conformity with the provisions of sections 9-405 to 9-412, inclusive, and section 9-414, by or on behalf of any person other than party-endorsed candidates, the registrar shall forthwith after the deadline for certification of party-endorsed candidates notify the clerk of such municipality that a primary is to be held by such party for the nomination of such party to such office or for the election by such party of town committee members, as the case may be. Such notice shall include a list of all the proposed candidates, those endorsed as well as those filing candidacies, together with their addresses and the titles of the offices or positions for which they are candidates. In the case of a primary for justices of the peace, such notice shall also contain the complete ballot label designation of each slate pursuant to subsection (h) of section 9-437. The clerk of the municipality shall thereupon cause such notice to be published forthwith in a newspaper having a general circulation in such municipality, together with a statement of the date upon which the primary is to be held, the hours during which the polls shall be open and the location of the polls, and shall send a copy of such notice to the Secretary of the State and record the same. Notwithstanding the provisions of this section or any charter or home rule ordinance, such notice and statement may be posted on the web site of the municipality in lieu of publication in a newspaper, provided all other requirements of this section with respect to such notice and statement are met. The clerk shall forthwith publish or post on such web site any change in the proposed candidates, listing such changes.
Sec. 19. Section 9-471 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
Forthwith upon determination of the order of candidates on the ballot, the secretary shall send a notice of primary for each party to each town clerk. Such notice shall include the names of the candidates in the order so determined and their addresses. Such notice shall conform, as nearly as may be, to the provisions of section 9-433, as amended by this act, concerning notice of primary for nomination to a state office. The town clerk shall, forthwith upon receipt of such notice, cause it to be published in the manner provided in said section. Notwithstanding the provisions of this section or any charter or home rule ordinance, such notice may be posted on the web site of the town in lieu of publication in a newspaper, provided all other requirements of this section with respect to such notice are met.
Sec. 20. Section 12-40 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The assessors in each town, except as otherwise specially provided by law, shall, on or before the fifteenth day of October annually, post on the signposts therein, if any, or at some other exterior place near the office of the town clerk, or publish in a newspaper published in such town or, if no newspaper is published in such town, then in any newspaper published in the state having a general circulation in such town, a notice requiring all persons therein liable to pay taxes to bring in a declaration of the taxable personal property belonging to them on the first day of October in that year in accordance with section 12-42 and the taxable personal property for which a declaration is required in accordance with section 12-43. Notwithstanding the provisions of this section or any charter or home rule ordinance, such notice may be posted on the web site of the town in lieu of publication in a newspaper, provided all other requirements of this section with respect to such notice are met.
Sec. 21. Section 12-145 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The tax collector of each municipality shall, at least five days next preceding the time when each tax becomes due and payable, give notice of the time and place at which the tax collector will receive such tax by advertising in a newspaper published in such municipality or, if no newspaper is published in such municipality, by advertising in any newspaper of the state having a general circulation in such municipality and by posting such notice on a signpost therein, if any, otherwise on a signpost in the town within which such municipality is situated, if any, or at some other exterior place near the office of the town clerk. The tax collector shall repeat such advertising within one week after such tax has become due and payable and, again, at least five days before such tax becomes delinquent. Each such notice shall give each date on which such tax shall become due and payable and each date on which such tax shall become delinquent, and shall state that, as soon as such tax becomes delinquent, it shall be subject to interest at the rate of one and one-half per cent of such tax for each month or fraction thereof which elapses from the time when such tax becomes due and payable until the same is paid. Notwithstanding the provisions of this section or any charter or home rule ordinance, such notice may be posted on the web site of the municipality in lieu of publication in a newspaper, provided all other requirements of this section with respect to such notice are met. The tax collector of a municipality may waive the interest on delinquent property taxes if the tax collector and the assessor, jointly, determine that the delinquency is attributable to an error by the tax assessor or tax collector and is not the result of any action or failure on the part of the taxpayer. The tax collector shall notify the taxing authority of the municipality of all waivers granted pursuant to this section.
Sec. 22. Section 12-186 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
When the list has been thus marked, the clerk shall immediately give notice in writing to the tax collector of such fact and the tax collector shall, within one week of receipt of such notice, give notice of the pendency of the petition for foreclosure by causing a copy of the petition, with the parcels so marked "Withdrawn" deleted therefrom, to be published at least once in a newspaper having a general circulation in the municipality where the properties listed are located. Such notice shall be preceded by the following statement: "Notice of petition of foreclosure of tax liens by the collector of ..... Under the provisions of section 12-182 an action has been brought and is pending in the superior court for the judicial district of .... to foreclose tax liens upon the properties described below. No personal judgment will be rendered in such proceeding for the payment of such taxes against the owner or any person having an interest in any of such properties. All persons having or claiming an interest in any of them are hereby notified of the pendency of the action. With the exception of any properties withdrawn from said proceeding in accordance with the provisions of sections 12-185 and 12-187, the right, title or interest of any person in any of said properties will be foreclosed unless the amounts due upon the tax lien or liens against the same, with any interest, fees and other charges thereon which have accrued since the bringing of the action, shall be paid before the expiration of the period designated therein for the redemption of such property." Notwithstanding the provisions of this section or any charter or home rule ordinance, such notice may be posted on the web site of the municipality in lieu of publication in a newspaper, provided all other requirements of this section with respect to such notice are met. The tax collector shall, on or before the date of publication or posting of the notice, cause a copy of such notice to be filed in the office of the town clerk of the town in which the property is situated and such filing shall have the same force and effect as the filing of a notice of lis pendens in accordance with the provisions of section 52-325 and such notice shall be kept by the town clerk as part of the land records and be indexed in the same manner as a lis pendens as to the property being foreclosed and the names of the owners thereof or of any interest therein or encumbrances thereon as recited in such petition. The tax collector shall also, within such time, post a copy of such notice in some conspicuous place in the office of the town clerk and in his own office and shall cause a notice of the pendency of such action to be sent by registered or certified mail, postage prepaid, to the owner or owners of each of such properties and of any encumbrance thereon or interest therein, as they appear in such petition, directed to the best address of each that he is able to obtain from known and readily available sources, including city directories.
Sec. 23. Section 14-67t of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
Any ordinance, order, rule or regulation creating a restricted district or districts within which any motor vehicle recycler's yard or business shall not be located or established under the provisions of this subpart (H) shall, forthwith, be filed with the clerk of the municipality and said clerk shall, within ten days thereafter, cause such ordinance to be published once in a newspaper having a circulation in such municipality. Notwithstanding the provisions of this section or any charter or home rule ordinance, any ordinance, order, rule or regulation creating such a restricted district or districts may be posted on the web site of the municipality in lieu of publication in a newspaper, provided all other requirements of this section with respect to such notice are met.
Sec. 24. Subsection (b) of section 19a-320 of the 2010 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(b) Application for such approval shall be made in writing to the local authority specified in subsection (a) of this section and a hearing shall be held within the town, city or borough in which such location is situated within sixty-five days from the date of receipt of such application. Notice of such hearing shall be given to such applicant by mail, postage paid, to the address given on the application, and to the Commissioner of Public Health, and by publication twice in a newspaper having a substantial circulation in the town, city or borough at intervals of not less than two days, the first being not more than fifteen days or less than ten days, and the second being not less than two days before such hearing. Notwithstanding the provisions of this subsection or any charter or home rule ordinance, notice of such hearing may be posted on the web site of the town, city or borough in lieu of publication in a newspaper, provided all other requirements of this section with respect to such notice are met. The local authority shall approve or deny such application within sixty-five days after such hearing, provided an extension of time not to exceed a further period of sixty-five days may be had with the consent of the applicant. The grounds for its action shall be stated in the records of the authority. Each applicant shall pay a fee of ten dollars, together with the costs of the publication of such notice in a newspaper, if any, and the reasonable expense of such hearing, to the treasurer of such town, city or borough.
Sec. 25. Subsection (c) of section 22a-42a of the 2010 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(c) (1) On and after the effective date of the municipal regulations promulgated pursuant to subsection (b) of this section, no regulated activity shall be conducted upon any inland wetland or watercourse without a permit. Any person proposing to conduct or cause to be conducted a regulated activity upon an inland wetland or watercourse shall file an application with the inland wetlands agency of the town or towns wherein the wetland or watercourse in question is located. The application shall be in such form and contain such information as the inland wetlands agency may prescribe. The date of receipt of an application shall be determined in accordance with the provisions of subsection (c) of section 8-7d, as amended by this act. The inland wetlands agency shall not hold a public hearing on such application unless the inland wetlands agency determines that the proposed activity may have a significant impact on wetlands or watercourses, a petition signed by at least twenty-five persons who are eighteen years of age or older and who reside in the municipality in which the regulated activity is proposed, requesting a hearing is filed with the agency not later than fourteen days after the date of receipt of such application, or the agency finds that a public hearing regarding such application would be in the public interest. An inland wetlands agency may issue a permit without a public hearing provided no petition provided for in this subsection is filed with the agency on or before the fourteenth day after the date of receipt of the application. Such hearing shall be held in accordance with the provisions of section 8-7d, as amended by this act. If the inland wetlands agency, or its agent, fails to act on any application within thirty-five days after the completion of a public hearing or in the absence of a public hearing within sixty-five days from the date of receipt of the application, or within any extension of any such period as provided in section 8-7d, as amended by this act, the applicant may file such application with the Commissioner of Environmental Protection who shall review and act on such application in accordance with this section. Any costs incurred by the commissioner in reviewing such application for such inland wetlands agency shall be paid by the municipality that established or authorized the agency. Any fees that would have been paid to such municipality if such application had not been filed with the commissioner shall be paid to the state. The failure of the inland wetlands agency or the commissioner to act within any time period specified in this subsection, or any extension thereof, shall not be deemed to constitute approval of the application.
(2) An inland wetlands agency may delegate to its duly authorized agent the authority to approve or extend an activity that is not located in a wetland or watercourse when such agent finds that the conduct of such activity would result in no greater than a minimal impact on any wetland or watercourse provided such agent has completed the comprehensive training program developed by the commissioner pursuant to section 22a-39. Notwithstanding the provisions for receipt and processing applications prescribed in subdivision (1) of this subsection, such agent may approve or extend such an activity at any time. Any person receiving such approval from such agent shall, within ten days of the date of such approval, publish, at the applicant's expense, notice of the approval in a newspaper having a general circulation in the town wherein the activity is located or will have an effect. Any person may appeal such decision of such agent to the inland wetlands agency within fifteen days after the publication date of the notice and the inland wetlands agency shall consider such appeal at its next regularly scheduled meeting provided such meeting is no earlier than three business days after receipt by such agency or its agent of such appeal. The inland wetlands agency shall, at its discretion, sustain, alter or reject the decision of its agent or require an application for a permit in accordance with subdivision (1) of subsection (c) of this section. Notwithstanding the provisions of this subsection or any charter or home rule ordinance, notice of such approval may be posted on the web site of the municipality in lieu of publication in a newspaper, provided all other requirements of this section with respect to such notice are met.
Sec. 26. Subsection (f) of section 22a-109 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(f) The zoning commission shall set forth the reasons for any decision to deny, modify or condition a coastal site plan submitted under this section. A copy of any decision shall be sent by certified mail to the person who submitted such plan within fifteen days after such decision is rendered. A copy of any decision on a coastal site plan for a shoreline flood and erosion control structure shall be sent to the Commissioner of Environmental Protection within fifteen days after such decision is rendered. The commission shall publish notice of the approval or denial of a coastal site plan, in a newspaper having a general circulation in the municipality, not more than fifteen days after such decision is rendered. Notwithstanding the provisions of this subsection or any charter or home rule ordinance, notice of such approval or denial may be posted on the web site of the municipality in lieu of publication in a newspaper, provided all other requirements of this section with respect to such notice are met.
Sec. 27. Section 22a-354p of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The aquifer protection agency authorized by section 22a-354o shall, by regulation, provide for (1) the manner in which the boundaries of aquifer protection areas shall be established and amended or changed, (2) the form for an application to conduct regulated activities within the area, (3) notice and publication requirements, (4) criteria and procedures for the review of applications, and (5) administration and enforcement.
(b) No regulations of an aquifer protection agency shall become effective or be established until after a public hearing in relation thereto is held by the agency at which parties in interest and citizens shall have an opportunity to be heard. Notice of the time and place of such hearing shall be published in the form of a legal advertisement, appearing at least twice in a newspaper having a substantial circulation in the municipality at intervals of not less than two days, the first not more than twenty-five days or less than fifteen days, and the last not less than two days, before such hearing, and a copy of such proposed regulation shall be filed in the office of the town, city or borough clerk, as the case may be, in such municipality, for public inspection at least ten days before such hearing, and may be published in full in such paper. Notwithstanding the provisions of this subsection or any charter or home rule ordinance, notice of the hearing may be posted on the web site of the municipality in lieu of publication in a newspaper, provided all other requirements of this subsection with respect to such notice are met. A copy of the notice and the proposed regulations or amendments thereto shall be provided to the Commissioner of Environmental Protection, the town clerk and any affected water company at least thirty-five days before such hearing. Such regulations may be from time to time amended, changed or repealed after a public hearing in relation thereto is held by the agency at which parties in interest and citizens shall have an opportunity to be heard and for which notice shall be published or posted in the manner specified in this subsection. Regulations or changes therein shall become effective at such time as is fixed by the agency, provided a copy of such regulation or change shall be filed in the office of the town, city or borough clerk, as the case may be. Whenever an agency makes a change in regulations, it shall state upon its records the reason why the change was made. All petitions submitted in writing and in a form prescribed by the agency requesting a change in the regulations shall be considered at a public hearing in the manner provided for establishment of such regulations within ninety days after receipt of such petition. The agency shall act upon the changes requested in the petition within sixty days after the hearing. The petitioner may consent to extension of the periods provided for a hearing and for adoption or denial or may withdraw such petition.
(c) Pursuant to municipal regulations adopted under subsection (b) of this section, no regulated activity shall be conducted within any aquifer protection area without a permit. Any person proposing to conduct or cause to be conducted a regulated activity within an aquifer protection area shall file an application with the aquifer protection agency of each municipality wherein the aquifer in question is located. The application shall be in such form and contain such information as the agency may prescribe. The date of receipt of an application shall be determined in accordance with the provisions of subsection (c) of section 8-7d, as amended by this act. The agency may hold a public hearing on such application. Such hearing shall be held in accordance with the provisions of section 8-7d, as amended by this act. In addition to the requirements of section 8-7d, as amended by this act, the agency shall send to any affected water company, at least ten days before the hearing, a copy of the notice by certified mail, return receipt requested.
(d) In granting, denying or limiting any permit for a regulated activity the aquifer protection agency shall state upon the record the reason for its decision. In granting a permit the agency may grant the application as filed or grant it upon such terms, conditions, limitations or modifications of the activity as are intended to carry out the policies of section 22a-354g. No person shall conduct any regulated activity within an aquifer protection area which requires zoning or subdivision approval without first having obtained a valid certificate of zoning or subdivision approval, special permit, special exception or variance, or other documentation establishing that the proposal complies with the zoning or subdivision requirements adopted by the municipality pursuant to chapters 124 to 126, inclusive, or any special act. The agency may suspend or revoke a permit if it finds, after giving notice to the permittee of the facts or conduct which warrants the intended action and after a hearing at which the permittee is given an opportunity to show compliance with the requirements for retention of the permit, that the applicant has not complied with the conditions or limitations set forth in the permit or has exceeded the scope of the work as set forth in the application. The agency shall send to any affected water company a copy of the notice at least ten days before the hearing by certified mail, return receipt requested. Any affected water company may, through a representative, appear and be heard at any such hearing. The applicant or permittee shall be notified of the agency's decision by certified mail, return receipt requested, within fifteen days of the date of the decision and the agency shall cause notice of its order in the issuance, denial, revocation or suspension of a permit to be published in a newspaper having a general circulation in the municipality in which the aquifer protection area is located. Notwithstanding the provisions of this subsection or any charter or home rule ordinance, notice of any such order in the issuance, denial, revocation or suspension of a permit may be posted on the web site of the municipality in lieu of publication in a newspaper, provided all other requirements of this subsection with respect to any such order are met.
(e) The aquifer protection agency may require a filing fee to be deposited with the agency. The amount of such fee shall be sufficient to cover the reasonable cost of reviewing and acting on applications and petitions, including, but not limited to, the costs of certified mailings, publications of notices and decisions, and monitoring compliance with permit conditions, regulations adopted pursuant to sections 19a-37, 22-6c, 22a-354c, 22a-354e, 22a-354g to 22a-354bb, inclusive, 25-32d, 25-33h, 25-33n and subsection (a) of section 25-84, or agency orders.
(f) Any regulations adopted by an agency under this section shall not be effective unless the Commissioner of Environmental Protection determines that such regulations are reasonably related to the purpose of groundwater protection and not inconsistent with the regulations adopted pursuant to section 22a-354i. A regulation adopted by a municipality shall not be deemed inconsistent if such regulation establishes a greater level of protection. The commissioner shall provide written notification to the agency of approval or the reasons such regulations cannot be approved within sixty days of receipt by the commissioner of the regulations adopted by the agency.
(g) (1) Notwithstanding any other provision of the general statutes, the commissioner shall have sole authority to grant, deny, limit or modify, in accordance with regulations adopted by him, a permit for any regulated activity in an aquifer protection area proposed by (A) any person to whom the commissioner has issued an individual permit for the subject site under the national pollutant discharge elimination system of the federal Clean Water Act (33 USC 1251 et seq.) or under the state pollutant discharge elimination system pursuant to section 22a-430 or any person to whom the commissioner has issued a permit for the subject site under the provisions of the federal Resource Conservation and Recovery Act (42 USC 6901 et seq.) for a treatment, storage or disposal facility, (B) any public service company, as defined in section 16-1, providing gas, electric, pipeline, water or telephone service, (C) any large quantity generator, as defined in regulations adopted by the commissioner under section 22a-449, or (D) any state department, agency or instrumentality, except any local or regional board of education. Such authority may be exercised only after an advisory decision on such permit has been rendered to the commissioner by the aquifer protection agency of the municipality within which such aquifer protection area is located or thirty-five days after receipt by the commissioner of the application for such permit, whichever occurs first. The commissioner shall provide prompt notice of receipt of an application to the municipal aquifer protection agency.
(2) If the commissioner requires the submission of a registration or other document under regulations adopted pursuant to section 22a-354i, such submission shall be made to the commissioner by any person to whom the commissioner has issued an individual permit under the national pollutant discharge elimination system of the federal Clean Water Act, or an individual permit under the state pollutant discharge elimination system pursuant to section 22a-430, or by any person to whom the commissioner has issued a permit under the provisions of the federal Resource Conservation and Recovery Act for a treatment, storage or disposal facility, or any public service company, as defined in section 16-1, providing gas, electric, pipeline, water or telephone service, or a large quantity generator, as defined in regulations adopted by the commissioner under section 22a-449, or any state department, agency or instrumentality, except any local or regional board of education.
Sec. 28. Section 50-11 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The police department shall, commencing within one week from the date of receipt of any lost article, advertise a general description of such article once a week for at least two successive weeks in a newspaper having a circulation in such municipality and shall retain custody of such article for six months from the date of receipt thereof, unless it is claimed by the rightful owner within such [six months'] six- month period. Notwithstanding the provisions of this section or any charter or home rule ordinance, such advertisement may be posted on the web site of the police department or on the web site of the municipality in lieu of publication in a newspaper, provided all other requirements of this section with respect to such advertisement are met. The requirement of advertising may be omitted when the value or estimated value of the article is less than [two] fifty dollars. Perishable or obnoxious property or articles of a dangerous or harmful nature may be sold or otherwise disposed of as soon as practicable on the best terms available.
Sec. 29. (NEW) (Effective from passage) (a) As used in this section, "agency of the state" means any executive, administrative or legislative office of the state and any state agency, department, institution, bureau, board, commission, authority or official of the state, including any committee of, or committee created by, any such office, agency, department, institution, bureau, board, commission, authority or official.
(b) Notwithstanding the provisions of any section of the general statutes, or regulation adopted thereunder, or any public or special act that requires any agency of the state to publish a notice or any other information in a newspaper, such agency may post such notice or information on the web site of such agency, in lieu of publication in a newspaper, provided all other requirements of law with respect to such notice or information are met.
(c) Each agency of the state shall, to the extent practicable and within available appropriations, provide for the acceptance of electronic records from any town, city, borough, municipal corporation, school district, regional district or other district or other political subdivision of the state, and records bearing the electronic signature of officials of such political subdivisions and any departments, institutions, bureaus, boards, commissions or authorities thereof. The provisions of this subsection shall be applicable with respect to any statement, list, report or other information required by any section of the general statutes, or any regulation adopted thereunder, including, but not limited to, sections 9-301, 9-314, 9-322a, 9-371, 9-440, 14-150, 14-227i, 15-140q, 15-149b, 17a-101, 17a-101c, 19a-200, 19a-204, 22a-109, 26-67c, 29-254, 29-296, 29-303 and 29-305 of the general statutes, as amended by this act, or by any public or special act.
Sec. 30. Section 1-2 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
Each provision of the general statutes, the special acts or the charter of any town, city or borough which requires the insertion of an advertisement of a legal notice in a daily newspaper shall be construed to permit such advertisement to be inserted in a weekly newspaper [; but] or posted on the web site of the town, city or borough. The provisions of this section shall not be construed to reduce or otherwise affect the time required by law for giving such notice. Whenever notice of any action or other proceeding is required to be given by publication in a newspaper, either by statute or order of court, the newspaper selected for that purpose, unless otherwise expressly prescribed, shall be one having a substantial circulation in the town in which at least one of the parties, for whose benefit such notice is given, resides.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
from passage |
7-406 |
Sec. 2 |
July 1, 2010 |
47a-42 |
Sec. 3 |
from passage |
49-22 |
Sec. 4 |
from passage |
7-3 |
Sec. 5 |
from passage |
8-3 |
Sec. 6 |
from passage |
8-7d |
Sec. 7 |
from passage |
8-26(d) |
Sec. 8 |
from passage |
8-28 |
Sec. 9 |
from passage |
9-16 |
Sec. 10 |
from passage |
9-37 |
Sec. 11 |
from passage |
9-53 |
Sec. 12 |
from passage |
9-164 |
Sec. 13 |
from passage |
9-225 |
Sec. 14 |
from passage |
9-226 |
Sec. 15 |
from passage |
9-332 |
Sec. 16 |
from passage |
9-395 |
Sec. 17 |
from passage |
9-433 |
Sec. 18 |
from passage |
9-435 |
Sec. 19 |
from passage |
9-471 |
Sec. 20 |
from passage |
12-40 |
Sec. 21 |
from passage |
12-145 |
Sec. 22 |
from passage |
12-186 |
Sec. 23 |
from passage |
14-67t |
Sec. 24 |
from passage |
19a-320(b) |
Sec. 25 |
from passage |
22a-42a(c) |
Sec. 26 |
from passage |
22a-109(f) |
Sec. 27 |
from passage |
22a-354p |
Sec. 28 |
from passage |
50-11 |
Sec. 29 |
from passage |
New section |
Sec. 30 |
from passage |
1-2 |
Statement of Purpose:
To provide municipal mandate relief.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]