Sec. 22a-261. (Formerly Sec. 19-524t). Connecticut Resources Recovery Authority established. Directors. President. Steering committee.
Sec. 22a-261. (Formerly Sec. 19-524t). Connecticut Resources Recovery Authority established. Directors. President. Steering committee. (a) There is hereby
established and created a body politic and corporate, constituting a public instrumentality and political subdivision of the state of Connecticut established and created for the
performance of an essential public and governmental function, to be known as the Connecticut Resources Recovery Authority. The authority shall not be construed to be a
department, institution or agency of the state.
(b) On and before May 31, 2002, the powers of the authority shall be vested in and
exercised by a board of directors, which shall consist of twelve directors: Four appointed
by the Governor and two ex-officio members, who shall have a vote including the Commissioner of Transportation and the Commissioner of Economic and Community Development; two appointed by the president pro tempore of the Senate, two by the speaker
of the House, one by the minority leader of the Senate and one by the minority leader
of the House of Representatives. Any such legislative appointee may be a member of
the General Assembly. The directors appointed by the Governor under this subsection
shall serve for terms of four years each, from January first next succeeding their appointment, provided, of the directors first appointed, two shall serve for terms of two years,
and two for terms of four years, from January first next succeeding their appointment.
Any vacancy occurring under this subsection other than by expiration of term shall be
filled in the same manner as the original appointment for the balance of the unexpired
term. Of the four members appointed by the Governor under this subsection, two shall
be first selectmen, mayors or managers of Connecticut municipalities; one from a municipality with a population of less than fifty thousand, one from a municipality of over
fifty thousand population; two shall be public members without official governmental
office or status with extensive high-level experience in municipal or corporate finance
or business or industry, provided not more than two of such appointees shall be members
of the same political party. The chairman of the board under this subsection shall be
appointed by the Governor, with the advice and consent of both houses of the General
Assembly and shall serve at the pleasure of the Governor. Notwithstanding the provisions of this subsection, the terms of all members of the board of directors who are
serving on May 31, 2002, shall expire on said date.
(c) On and after June 1, 2002, the powers of the authority shall be vested in and
exercised by a board of directors, which shall consist of eleven directors as follows:
Three appointed by the Governor, one of whom shall be a municipal official of a municipality having a population of fifty thousand or less and one of whom shall have extensive,
high-level experience in the energy field; two appointed by the president pro tempore
of the Senate, one of whom shall be a municipal official of a municipality having a
population of more than fifty thousand and one of whom shall have extensive high-level
experience in public or corporate finance or business or industry; two appointed by the
speaker of the House of Representatives, one of whom shall be a municipal official of
a municipality having a population of more than fifty thousand and one of whom shall
have extensive high-level experience in public or corporate finance or business or industry; two appointed by the minority leader of the Senate, one of whom shall be a municipal
official of a municipality having a population of fifty thousand or less and one of whom
shall have extensive high-level experience in public or corporate finance or business or
industry; two appointed by the minority leader of the House of Representatives, one of
whom shall be a municipal official of a municipality having a population of fifty thousand or less and one of whom shall have extensive, high-level experience in the environmental field. No director may be a member of the General Assembly. Not more than
two of the directors appointed by the Governor shall be members of the same political
party. The appointed directors shall serve for terms of four years each, provided, of the
directors first appointed for terms beginning on June 1, 2002, (1) two of the directors
appointed by the Governor, one of the directors appointed by the president pro tempore
of the Senate, one of the directors appointed by the speaker of the House of Representatives, one of the directors appointed by the minority leader of the Senate and one of the
directors appointed by the minority leader of the House of Representatives shall serve
an initial term of two years and one month, and (2) the other appointed directors shall
serve an initial term of four years and one month. The appointment of each director for
a term beginning on or after June 1, 2004, shall be made with the advice and consent
of both houses of the General Assembly. The Governor shall designate one of the directors to serve as chairperson of the board, with the advice and consent of both houses of
the General Assembly. The chairperson of the board shall serve at the pleasure of the
Governor. Any appointed director who fails to attend three consecutive meetings of the
board or who fails to attend fifty per cent of all meetings of the board held during any
calendar year shall be deemed to have resigned from the board. Any vacancy occurring
other than by expiration of term shall be filled in the same manner as the original appointment for the balance of the unexpired term. As used in this subsection, "municipal
official" means the first selectman, mayor, city or town manager or chief financial officer
of a municipality that has entered into a solid waste disposal services contract with
the authority and pledged the municipality's full faith and credit for the payment of
obligations under such contract.
(d) The chairperson shall, with the approval of the directors, appoint a president of
the authority who shall be an employee of the authority and paid a salary prescribed
by the directors. The president shall supervise the administrative affairs and technical
activities of the authority in accordance with the directives of the board.
(e) Each director shall be entitled to reimbursement for said director's actual and
necessary expenses incurred during the performance of said director's official duties.
(f) Directors may engage in private employment, or in a profession or business,
subject to any applicable laws, rules and regulations of the state or federal government
regarding official ethics or conflict of interest.
(g) Six directors of the authority shall constitute a quorum for the transaction of
any business or the exercise of any power of the authority, provided, two directors from
municipal government shall be present in order for a quorum to be in attendance. For
the transaction of any business or the exercise of any power of the authority, and except
as otherwise provided in this chapter, the authority shall have power to act by a majority
of the directors present at any meeting at which a quorum is in attendance. If the legislative body of a municipality that is the site of a facility passes a resolution requesting the
Governor to appoint a resident of such municipality to be an ad hoc member, the Governor shall make such appointment upon the next vacancy for the ad hoc members representing such facility. The Governor shall appoint with the advice and consent of the
General Assembly ad hoc members to represent each facility operated by the authority
provided at least one-half of such members shall be chief elected officials of municipalities, or their designees. Each such facility shall be represented by two such members.
The ad hoc members shall be electors from a municipality or municipalities in the area
to be served by the facility and shall vote only on matters concerning such facility. The
terms of the ad hoc members shall be four years.
(h) There is established, effective June 1, 2002, a steering committee of the board
of directors, consisting of at least three but not more than five directors, who shall be
jointly appointed by the Governor, the president pro tempore of the Senate and the
speaker of the House of Representatives. Said committee shall consist of at least one
director who is a municipal official, as defined in subsection (c) of this section. The
steering committee shall forthwith establish a financial restructuring plan for the authority, subject to the approval of the board of directors, and shall implement said plan. The
financial restructuring plan shall determine the financial condition of the authority and
provide for mitigation of the impact of the Connecticut Resources Recovery Authority-Enron-Connecticut Light and Power Company transaction on municipalities which have
entered into solid waste disposal services contracts with the authority. The steering
committee shall also review all aspects of the authority's finances and administration,
including but not limited to, tipping fees and adjustments to such fees, the annual budget
of the authority, any budget transfers, any use of the authority's reserves, all contracts
entered into by or on behalf of the authority, including but not limited to, an assessment
of the alignment of interests between the authority and the authority's contractors, all
financings or restructuring of debts, any sale or other disposition or valuation of assets
of the authority, including sales of electricity and steam, any joint ventures and strategic
partnerships, and the initiation and resolution of litigation, arbitration and other disputes.
The steering committee (1) shall have access to all information, files and records maintained by the authority, (2) may retain consultants and utilize other resources necessary
to carry out its responsibilities under this subsection, which have a total cost of not more
than five hundred thousand dollars, without the approval of the board of directors, and
may draw on accounts of the authority for such costs, and (3) shall submit a report to
the board of directors and the General Assembly, in accordance with section 11-4a, on
its findings, progress and recommendations for future action by the board of directors
in carrying out the purposes of this subsection, not later than December 31, 2002. Said
report shall also include a report on any loans made to the authority under section 22a-268d. The steering committee shall terminate on December 31, 2002, unless extended
by the board.
(i) The board may delegate to three or more directors such board powers and duties
as it may deem necessary and proper in conformity with the provisions of this chapter
and its bylaws. At least one of such directors shall be a municipal official, as defined
in subsection (c) of this section, and at least one of such directors shall not be a state
employee.
(j) Appointed directors may not designate a representative to perform in their absence their respective duties under this chapter.
(k) The term "director", as used in this section, shall include such persons so designated as provided in this section and this designation shall be deemed temporary only
and shall not affect any applicable civil service or retirement rights of any person so
designated.
(l) The appointing authority for any director may remove such director for inefficiency, neglect of duty or misconduct in office after giving the director a copy of the
charges against the director and an opportunity to be heard, in person or by counsel, in
the director's defense, upon not less than ten days' notice. If any director shall be so
removed, the appointing authority for such director shall file in the office of the Secretary
of the State a complete statement of charges made against such director and the appointing authority's findings on such statement of charges, together with a complete record
of the proceedings.
(m) The authority shall continue as long as it has bonds or other obligations outstanding and until its existence is terminated by law. Upon the termination of the existence of the authority, all its rights and properties shall pass to and be vested in the state
of Connecticut.
(n) The directors, members and officers of the authority and any person executing
the bonds or notes of the authority shall not be liable personally on such bonds or notes
or be subject to any personal liability or accountability by reason of the issuance thereof,
nor shall any director, member or officer of the authority be personally liable for damage
or injury, not wanton or wilful, caused in the performance of such person's duties and
within the scope of such person's employment or appointment as such director, member
or officer.
(o) Notwithstanding the provisions of any other law to the contrary, it shall not
constitute a conflict of interest for a trustee, director, partner or officer of any person,
firm or corporation, or any individual having a financial interest in a person, firm or
corporation, to serve as a director of the authority, provided such trustee, director, partner, officer or individual shall abstain from deliberation, action or vote by the authority
in specific respect to such person, firm or corporation.
(P.A. 73-459, S. 5, 26; P.A. 74-330, S. 1, 4; 74-338, S. 5, 94; P.A. 75-445; P.A. 76-170, S. 1, 4; P.A. 77-614, S. 19,
127, 610; P.A. 79-198; P.A. 82-185; P.A. 83-270, S. 1, 2; P.A. 84-331, S. 1, 4; P.A. 87-566; P.A. 88-225, S. 12, 14; 88-266, S. 36, 46; P.A. 89-386, S. 8, 24; P.A. 90-179, S. 8, 9; P.A. 93-423, S. 6; P.A. 94-200, S. 6; May 25 Sp. Sess. P.A. 94-1, S. 23, 128, 130; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6; P.A. 02-46, S. 1; P.A. 03-123, S. 14; June 30 Sp. Sess. P.A.
03-5, S. 1.)
History: P.A. 74-330 revised provision re initial appointees so that 2 rather than 3 members to be appointed for 2 years
and for 4 years; P.A. 74-338 set starting date for terms at "January first next succeeding their appointment"; P.A. 75-445
allowed all members to designate representative to serve in their stead, previously only commissioners of environmental
protection, finance and control and transportation could do so by filing official proxy with chairman and obtaining approval
of directors; P.A. 76-170 added Subsec. (m); P.A. 77-614 replaced commissioner of finance and control with secretary of
the office of policy and management and personnel policy board (in Subsec. (d)) with commissioner of administrative
services and required that salaries be subject to approval of secretary of office of policy and management in Subsec. (d);
P.A. 79-198 made technical correction in Subsec. (b); P.A. 82-185 added provisions re ad hoc members of authority in
Subsec. (g); Sec. 19-524t transferred to Sec. 22a-261 in 1983; P.A. 83-270 amended Subsec. (b) to include economic
development commissioner as ex-officio director of the authority and amended Subsec. (g) to raise the number of directors
required for a quorum from five to six to reflect the addition of the commissioner of economic development as an ex-officio director; P.A. 84-331 amended Subsec. (a) by adding provision that the authority is not a state department, institution
or agency; P.A. 87-566 amended Subsec. (b) by increasing membership from 11 to 15 members and amended Subsec. (g)
to authorize appointment of ad hoc members when a facility is being actively considered rather than upon determination
that a facility is feasible and required that governor appoint ad hoc member from municipality which is a facility site upon
the municipality's request; P.A. 88-225 added Subsec. (n) specifying when a financial interest and serving as a director
of the authority do not constitute a conflict of interest; P.A. 88-266 amended Subsec. (b) to require the powers of the
authority to be vested in and exercised by a board of directors and to repeal requirement that governor's appointments be
made with advice and consent of general assembly, amended Subsec. (c) to require chairman to be appointed by governor
with advice and consent of general assembly, amended Subsec. (d) to require president to supervise administrative affairs
and technical activities of the authority, amended Subsec. (h) to allow board to delegate board powers to 3 or more directors,
at least one of whom shall not be a state employee, instead of to one or more of its directors, officers, agents and employees,
amended Subsec. (l) by specifying the authority shall continue "as long as it shall have bonds or other obligations outstanding" and substituted "board" for "authority" in Subsecs. (c), (g), (h) and (i); P.A. 89-386 reduced the number of board
members from 15 to 14, eliminating environmental protection commissioner as ex-officio member; P.A. 90-179 amended
Subsec. (d) to provide that president's salary is to be set by the chairman with approval of directors rather than by administrative services commissioner with approval by secretary of the office of policy and management; P.A. 93-423 amended
Subsec. (b) to remove chairperson of Connecticut Solid Waste Management Advisory Council as director; P.A. 94-200
amended Subsec. (g) to provide that ad hoc members shall be appointed to represent each facility operated by the authority
and that one-half of such members shall be municipal chief elected officials or their designees and deleted prior provisions
re ad hoc members; May 25 Sp. Sess. P.A. 94-1 amended Subsec. (b) by making technical change and amended Subsec.
(g) to provide that the governor shall appoint a resident of a sited municipality to the board if requested by the legislative
body of such municipality, effective July 1, 1994; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department
of Economic Development with Commissioner and Department of Economic and Community Development; P.A. 02-46
limited the application of Subsec. (b) to "On and before May 31, 2002", merged existing Subsec. (c) into Subsec. (b) and
amended the merged Subsecs. to make technical changes and require the terms of directors serving on May 31, 2002, to
expire on said date, added new Subsec. (c) establishing a reconstituted board of directors "On and after June 1, 2002",
amended Subsec. (d) to make technical changes and replace "salary prescribed by the chairman, subject to the approval
of the directors" with "salary prescribed by the directors", amended Subsec. (e) to make technical changes, amended
Subsec. (g) to increase the number of directors constituting a quorum from 6 to 7, change the numbers of specified directors
required for a quorum and make a technical change, added new Subsec. (h) establishing a steering committee and redesignated existing Subsecs. (h) to (n) as Subsecs. (i) to (o), amended Subsec. (i) to require at least one of the delegated directors
to be a municipal official, amended Subsec. (j) to prohibit appointed directors from designating representatives to perform
duties in their absence, amended Subsec. (k) to make a technical change, amended Subsec. (l) to change the official
authorized to remove a director from the Governor to the appointing authority for the director and make technical changes,
and amended Subsec. (n) to make technical changes, effective April 30, 2002; P.A. 03-123 made technical changes in
Subsec. (m), effective June 26, 2003; June 30 Sp. Sess. P.A. 03-5 amended Subsec. (b) by reducing number of directors
from 13 to 12, reducing number of ex-officio members from 3 to 2, deleting reference to the Secretary of the Office of
Policy and Management and making a technical change, amended Subsec. (c) by reducing number of directors from 13
to 11 and deleting provisions re two voting ex-officio members who shall be the Secretary of the Office of Policy and
Management and the State Treasurer, or their designees, and amended Subsec. (g) by reducing number of directors constituting a quorum from 7 to 6 and deleting provision re presence of at least one ex-officio director or designee, effective August
20, 2003.
See Sec. 4-9a for definition of "public member".
Cited. 193 C. 506. Cited. 218 C. 821. Cited. 225 C. 731.