Connecticut General Statutes
Chapter 579 - Connecticut Innovations, Incorporated
Section 32-23zz. - Issuance of bonds on behalf of municipalities for information technology projects and remediation projects.

(a) For the purpose of assisting (1) any information technology project, as defined in subsection (dd) of section 32-23d, which is located in an eligible municipality, as defined in subdivision (12) of subsection (a) of section 32-9t, or (2) any remediation project, as defined in subsection (gg) of section 32-23d, Connecticut Innovations, Incorporated, may, upon a resolution of the legislative body of a municipality, issue and administer bonds which are payable solely or in part from and secured by: (A) A pledge of and lien upon any and all of the income, proceeds, revenues and property of such a project, including the proceeds of grants, loans, advances or contributions from the federal government, the state or any other source, including financial assistance furnished by the municipality or any other public body, (B) taxes or payments or grants in lieu of taxes allocated to and payable into a special fund of Connecticut Innovations, Incorporated, pursuant to the provisions of subsection (b) of this section, or (C) any combination of the foregoing. Any such bonds of Connecticut Innovations, Incorporated, shall mature at such time or times not exceeding thirty years from their date of issuance and shall be subject to the general terms and provisions of law applicable to the issuance of bonds by Connecticut Innovations, Incorporated, except that such bonds shall be issued without a special capital reserve fund as provided in subsection (b) of section 32-23j and, for purposes of section 32-23f, only the approval of the board of directors of the corporation shall be required for the issuance and sale of such bonds. Any pledge made by the municipality or Connecticut Innovations, Incorporated, for bonds issued as provided in this section shall be valid and binding from the time when the pledge is made, and revenues and other receipts, funds or moneys so pledged and thereafter received by the municipality or Connecticut Innovations, Incorporated, shall be subject to the lien of such pledge without any physical delivery thereof or further act. The lien of such pledge shall be valid and binding against all parties having claims of any kind in tort, contract or otherwise against the municipality or Connecticut Innovations, Incorporated, even if the parties have no notice of such lien. Recording of the resolution or any other instrument by which such a pledge is created shall not be required. In connection with any such assignment of taxes or payments in lieu of taxes, Connecticut Innovations, Incorporated, may, if the resolution so provides, exercise the rights provided for in section 12-195h of an assignee for consideration of any lien filed to secure the payment of such taxes or payments in lieu of taxes. All expenses incurred in providing such assistance may be treated as project costs.

(b) Any proceedings authorizing the issuance of bonds under this section may contain a provision that taxes or a specified portion thereof, if any, identified in such authorizing proceedings and levied upon taxable real or personal property, or both, in a project each year, or payments or grants in lieu of such taxes or a specified portion thereof, by or for the benefit of any one or more municipalities, districts or other public taxing agencies, as the case may be, shall be divided as follows: (1) In each fiscal year that portion of the taxes or payments or grants in lieu of taxes which would be produced by applying the then current tax rate of each of the taxing agencies to the total sum of the assessed value of the taxable property in the project on the date of such authorizing proceedings, adjusted in the case of grants in lieu of taxes to reflect the applicable statutory rate of reimbursement, shall be allocated to and when collected shall be paid into the funds of the respective taxing agencies in the same manner as taxes by or for said taxing agencies on all other property are paid; and (2) that portion of the assessed taxes or the payments or grants in lieu of taxes, or both, each fiscal year in excess of the amount referred to in subdivision (1) of this subsection shall be allocated to and when collected shall be paid into a special fund of Connecticut Innovations, Incorporated, to be used in each fiscal year, in the discretion of Connecticut Innovations, Incorporated, to pay the principal of and interest due in such fiscal year on bonds issued by Connecticut Innovations, Incorporated, to finance, refinance or otherwise assist such project, to purchase bonds issued for such project, or to reimburse the provider of or reimbursement party with respect to any guarantee, letter of credit, policy of bond insurance, funds deposited in a debt service reserve fund, funds deposited as capitalized interest or other credit enhancement device used to secure payment of debt service on any bonds issued by Connecticut Innovations, Incorporated, to finance, refinance or otherwise assist such project, to the extent of any payments of debt service made therefrom. Unless and until the total assessed valuation of the taxable property in a project exceeds the total assessed value of the taxable property in such project as shown by the last assessment list referred to in subdivision (1) of this subsection, all of the taxes levied and collected and all of the payments or grants in lieu of taxes due and collected upon the taxable property in such project shall be paid into the funds of the respective taxing agencies. When such bonds and interest thereof, and such debt service reimbursement to the provider of or reimbursement party with respect to such credit enhancement, have been paid in full, all moneys thereafter received from taxes or payments or grants in lieu of taxes upon the taxable property in such development project shall be paid into the funds of the respective taxing agencies in the same manner as taxes on all other property are paid. The total amount of bonds issued pursuant to this section which are payable from grants in lieu of taxes payable by the state shall not exceed an amount of bonds, the debt service on which in any state fiscal year is, in total, equal to one million dollars.
(c) The corporation may make grants or provide loans or other forms of financial assistance from the proceeds of special or general obligation notes or bonds of the corporation issued without the security of a special capital reserve fund within the meaning of subsection (b) of section 32-23j, which bonds are payable from and secured by, in whole or in part, the pledge and security provided for in section 8-134, 8-192, 32-227 or this section, all on such terms and conditions, including such agreements with the municipality and the developer of the project, as the corporation determines to be appropriate in the circumstances, provided any such project in an area designated as an enterprise zone pursuant to section 32-70 receiving such financial assistance shall be ineligible for any fixed assessment pursuant to section 32-71, and the corporation, as a condition of such grant, loan or other financial assistance, may require the waiver, in whole or in part, of any property tax exemption with respect to such project otherwise available under subsection (59) or (60) of section 12-81.
(d) As used in this section, “bonds” means any bonds, including refunding bonds, notes, temporary notes, interim certificates, debentures or other obligations; “legislative body” has the meaning provided in subsection (w) of section 32-222; and “municipality” means a town, city, consolidated town or city or consolidated town and borough.
(e) For purposes of this section, references to Connecticut Innovations, Incorporated, shall include any subsidiary of Connecticut Innovations, Incorporated, established pursuant to section 32-11e, and a municipality may act by and through its implementing agency, as defined in subsection (k) of section 32-222.
(f) In the case of a remediation project, as defined in subsection (gg) of section 32-23d, that involves buildings that are vacant, underutilized or in deteriorating condition and as to which municipal real property taxes are delinquent, in whole or in part, for more than one fiscal year, the amount determined in accordance with subdivision (1) of subsection (b) of this section may, if the resolution of the municipality so provides, be established at an amount less than the amount so determined, but not less than the amount of municipal property taxes actually paid during the most recently completed fiscal year. If Connecticut Innovations, Incorporated, issues bonds for the remediation project, the amount established in the resolution shall be used for all purposes of subsection (a) of this section.
(P.A. 01-179, S. 1; June Sp. Sess. P.A. 01-6, S. 73, 85; P.A. 04-106, S. 1; P.A. 05-113, S. 1; P.A. 08-162, S. 1; P.A. 09-61, S. 1; P.A. 11-103, S. 1; 11-141, S. 16; June 12 Sp. Sess. P.A. 12-1, S. 180.)
History: June Sp. Sess. P.A. 01-6 amended Subsec. (b) to specify that the limit on total debt service is for any state fiscal year, effective July 1, 2001; P.A. 04-106 added Subsec. (g) re remediation projects involving buildings that are vacant and as to which municipal taxes are delinquent, effective May 21, 2004; P.A. 05-113 amended Subsec. (f) to extend date from which authority prohibited from approving commitments for new projects from July 1, 2005, to July 1, 2008, effective June 24, 2005; P.A. 08-162 amended Subsec. (f) to change commitment deadline from July 1, 2008, to July 1, 2010, effective June 12, 2008 (Revisor's note: In 2009, a reference to “subsection (y) of section 32-222” in Subsec. (d) was changed editorially by the Revisors to “subsection (w) of section 32-222” to conform with changes made by P.A. 08-34); P.A. 09-61 amended Subsec. (f) to change commitment deadline from July 1, 2010, to July 1, 2012, effective May 27, 2009; P.A. 11-103 deleted former Subsec. (f) re final date for commitments for new projects and redesignated existing Subsec. (g) as Subsec. (f), effective July 1, 2011; P.A. 11-141 made identical changes in Subsec. (f) as P.A. 11-103, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 replaced “Connecticut Development Authority” with “Connecticut Innovations, Incorporated”, replaced “authority” with “corporation” and made technical changes, effective July 1, 2012 (Revisor's note: In Subsec. (c), references to “authority” were changed editorially by the Revisors to “corporation” to conform with changes made by June 12 Sp. Sess. P.A. 12-1, S. 152, 180).

Structure Connecticut General Statutes

Connecticut General Statutes

Title 32 - Commerce and Economic and Community Development

Chapter 579 - Connecticut Innovations, Incorporated

Section 32-10 and 32-11. - Definitions. Connecticut Industrial Building Commission.

Section 32-11a. - Connecticut Innovations, Incorporated. Successor agency to Connecticut Development Authority.

Section 32-11b. - Definitions.

Section 32-11c. - Transfer of duties, obligations, purposes and procedures.

Section 32-11d. - Agreements to facilitate transfers. Support.

Section 32-11e. - Corporation subsidiaries.

Section 32-11f. - Connecticut Innovations, Incorporated substituted for Connecticut Development Authority.

Section 32-11g. - Connecticut Innovations, Incorporated. Successor to Connecticut Brownfields Redevelopment Authority.

Section 32-12 and 32-13. - Executive secretary. Powers of commission.

Section 32-14. - Mortgage and Loan Insurance Fund.

Section 32-15. - Applications for insurance.

Section 32-16. - Insurance of mortgages and loans on economic development projects and information technology projects.

Section 32-16a. - Industrial Pollution Abatement Loan Fund.

Section 32-17. - Proceedings on default by mortgagor.

Section 32-17a. - Procedure on default by mortgagor or borrower.

Section 32-18. - Insurance premiums.

Section 32-19. - Insured mortgages as legal investments.

Section 32-20 and 32-21. - Accounts; use of fund. Commission members not to act on contracts in which they have interest.

Section 32-22. - Bond issue.

Section 32-22a. - Written procedures. Contracts.

Section 32-22b. - Loan guarantees for brownfield projects.

Section 32-23. - Industrial Building Operating Expense Fund.

Section 32-23a. - Allocation of mortgage insurance premiums.

Section 32-23aa. - Compliance with state laws and regulations prerequisite for financial assistance.

Section 32-23b. - Short title.

Section 32-23bb. - Comprehensive Business Assistance Fund consolidated into Connecticut Growth Fund.

Section 32-23c. - Legislative finding.

Section 32-23cc. - Business Environmental Clean-Up Revolving Loan Fund and Environmental Assistance Revolving Loan Fund consolidated into Connecticut Growth Fund.

Section 32-23d. - Definitions.

Section 32-23e. - Powers of the corporation.

Section 32-23f. - Bonds and notes.

Section 32-23g. - Disposition of authority funds.

Section 32-23gg. - Legislative determination.

Section 32-23h. - Exemption from state and local taxes and assessments. Payments in lieu of taxes. Approvals of pollution control facilities.

Section 32-23hh. - Definitions.

Section 32-23i. - Bonds as legal investments.

Section 32-23ii. - Connecticut Works Fund. Subfunds.

Section 32-23j. - Payment of bonds to be obligation of corporation. Capital reserve funds. Annual appropriation.

Section 32-23jj. - Considerations in reviewing application.

Section 32-23k. - State pledge to bond holders and contractors.

Section 32-23kk. - Contract of insurance.

Section 32-23l. - Industrial and commercial development. Powers of Connecticut Innovations, Incorporated.

Section 32-23ll. - Bond issue.

Section 32-23m. - Liberal construction.

Section 32-23n. - Economic assistance grants for the industrial projects in areas of high unemployment.

Section 32-23o. - Small Contractors' Revolving Loan Fund. Loans authorized by the corporation. Transfer of certain funds to the Connecticut Growth Fund.

Section 32-23p. - Loans by the corporation in areas of high unemployment.

Section 32-23pp. - Policy to encourage pollution prevention and remediation.

Section 32-23q. - Exemption from maximum interest and charges on loans.

Section 32-23qq. - Environmental Assistance Revolving Loan Fund. Subfunds.

Section 32-23r. - Preference in employment by borrowers and mortgagees.

Section 32-23rr. - Definitions.

Section 32-23s. - Interpretation of certain amendments.

Section 32-23ss. - Bond issue.

Section 32-23t. - Legislative finding.

Section 32-23tt. - Definitions.

Section 32-23u. - Consolidation of financial assistance programs.

Section 32-23uu. - Connecticut job training finance program.

Section 32-23v. - Connecticut Growth Fund.

Section 32-23vv. - Connecticut job training finance demonstration program.

Section 32-23w. - Consolidation of financial assistance programs.

Section 32-23ww. - Displaced Defense Workers' Bill of Rights.

Section 32-23x. - Comprehensive Business Assistance Fund.

Section 32-23xx. - Electronic Superhighway Act of 1994.

Section 32-23y. - Pending applications for financial assistance under consolidated programs funded from Connecticut Growth Fund or Comprehensive Business Assistance Fund.

Section 32-23yy. - High-Technology Infrastructure Fund.

Section 32-23z. - Business Environmental Clean-Up Revolving Loan Fund. Regulations.

Section 32-23zz. - Issuance of bonds on behalf of municipalities for information technology projects and remediation projects.