Legislative Report - May 2006
OVERVIEW
The 2006 Legislative session ended with a whimper with respect to growth management and improved planning. Given the
short time available to the General Assembly and the general nature of the beast, this is not surprising and in fact bears
out the concerns CCAPA expressed last year. We were concerned that the progress made by the Planning and Development
Committee last session to integrate contemporary growth management principles would be seen as satisfying the already
diluted charge of the Blue Ribbon Commission with respect to smart growth.
Whether directly related to that perception or not, no additional progress was achieved toward improving planning by
the State, better coordinating planning at all levels of government, or providing necessary resources to support
planning. Considerable attention, and large sums of money, was given to transportation implementation programs,
demonstrating again that to many legislators, transportation investment equals planning. Even CCAPA's proposal to
create a study task force to explore improvements to the State's planning organization and capability was converted to a
bill to promote transit oriented design. That proposal also failed.
CCAPA was successful in elevating the discourse on State planning issues by organizing an informational hearing with
the Planning and Development Committee and the Transportation Committee. CCAPA, 1000 Friends of Connecticut, and Office
of Policy and Management and Department of Transportation officials presented information and recommendations to
the committees, many members of which were clearly interested. We intend to continue building better understanding of
the importance of planning within the legislature and throughout State government.
CCAPA was able to develop and successfully promote legislation to address come confusion in the municipal Plan
of Conservation and Development adoption process, as it was revised in legislation passed last year. The new, and we
hope last, adoption revisions are detailed here.
Somewhat surprisingly, given all the posturing and debating on the issue, no action was taken on revising the
State's eminent domain laws. Perhaps cooler heads are prevailing, but we should expect this to resurface.
The Planning and Development Committee revised the process for interim changes to the State Plan of Conservation
and Development. It appears that under the revisions, the Secretary of OPM or any owner of real property may propose
interim Plan changes to the Continuing Committee on Planning and Development, which approves the State Plan, without
any comment from the local planning commission. However, changes proposed by a municipality must include the
planning commission's opinion. We will need to be attentive to ensure this de facto state zoning power does not get out
of control.
Unfortunately, we were unable to head off an illogical and poorly considered special interest bill that institutes a new
and potentially expensive procedure for public notice of regulatory changes. Clearly designed to reduce the work of
certain financial interests by increasing the work of municipal staff, this unfunded mandate requires creation of
a “registry” for notification of regulation and zoning map changes. The requirements are
detailed here.
We also came closer than ever to removing the treble damages clause from the zoning enforcement statutes, but still came
up short. This special interest protection clause discourages municipalities from instituting a cost effective
enforcement program as an alternative to the need for expensive lawyers to protect communities and property owners from
zoning violators. We hope the level of awareness has been raised and we will have another opportunity next year.
Interested CCAPA members will have to be active on this issue.
On another disappointing note, one of the champions of better planning in the General Assembly has decided to retire
from his seat as State Representative from Danbury. Lew Wallace has chaired the Planning and Development Committee for
the past several sessions and was responsible for the 2005 legislation that integrated growth management principles
and priority funding guidelines into the State, regional, and municipal planning process. He has been a strong supporter
of CCAPA's interests in planning and municipal administration and he will be missed.
Other legislation of which municipal planners should take note includes an act permitting municipalities to
waive subdivision requirements for affordable housing developments under certain circumstances. Another enacted bill
provides specific protections against encroachment for holders of open space. A listing of most of the enacted bills
of interest to CCAPA members with links to the actual Public Act may be found
here.
Finally, a note of appreciation to all CCAPA members who followed legislative developments and contributed to the
discussion on the listserv, especially, of course, the members of the Government Relations Committee. Members also
made themselves heard at the Capital and by communications. I am sure this made a real difference with several specific
bills, but more important it enhanced CCAPA's professional standing in the legislative process.
Christopher S. Wood, AICP
Chairman, CCAPA Government Relations Committee
Click here for a summary of CCAPA’s presentation to the Planning and
Development and Transportation Committee’s Informational Hearing on State Planning
