§ 22a-261 — (Note: This section is repealed, effective July 1, 2025). MIRA Dissolution Authority. Board of Directors. Authority termination.

Connecticut § 22a-261

• Jurisdiction: Connecticut
• Title 22a: Environmental Protection
• Ch. 446e: Solid Waste Management Services Act

Text

(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 MIRA Dissolution Authority. The authority shall not be construed to be a department, institution or agency of the state. (b) On and after July 1, 2023, the terms of the board of the Materials Innovation and Recycling Authority shall terminate and the powers of the MIRA Dissolution Authority shall be vested in and exercised by a board of directors, which shall consist of eleven directors as follows: (1) The Governor, or the Governor's designee, (2) the Secretary of the Office of Policy and Management, or the secretary's designee, (3) the Commissioner of Administrative Services, (4) the Commissioner of Energy and Environmental Protection, or the commissioner's designee, (5) one appointed by the president pro tempore of the Senate, (6) one appointed by the speaker of the House of Representatives, (7) one appointed by the majority leader of the House of Representatives, (8) one appointed by the majority leader of the Senate, (9) one appointed by the minority leader of the Senate, (10) one appointed by the minority leader of the House of Representatives, and (11) one appointed by the mayor of Hartford. Additionally, the Hartford City Council may appoint not more than five members to the board, each of whom shall serve a term that is coterminous with that of the applicable appointing authority. (c) The Governor, or the Governor's designee, shall serve as the chairperson and shall, with the approval of the other directors, appoint a president of the authority who shall be an employee of the authority and be 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. (d) Each appointed director shall be entitled to reimbursement for such director's actual and necessary expenses incurred during the performance of such director's official duties. (e) Appointed 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. (f) Six directors of the authority shall constitute a quorum for the transaction of any business or the exercise of any power of the authority. 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 may act by a majority of the directors present at any meeting at which a quorum is in attendance. (g) Appointed directors may not designate a representative to perform in their absence their respective duties under this chapter. (h) 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. (i) The authority shall terminate on July 1, 2026. Upon the termination of the authority, all of such authority's rights and properties shall pass to and be vested in the state of Connecticut in accordance with the provisions of section 22a-284e . (j) 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.

Legislative History

(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; P.A. 13-285, S. 10; P.A. 14-94, S. 1, 17; P.A. 16-185, S. 14; P.A. 23-170, S. 13, 25.) 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; P.A. 13-285 deleted former Subsec. (h) re steering committee of board of directors and redesignated existing Subsecs. (i) to (o) as Subsecs. (h) to (n), effective July 12, 2013; P.A. 14-94 amended Subsec. (c) to redefine “municipal official” by adding reference to municipal employee with public works or waste management and recycling experience, effective June 6, 2014; pursuant to P.A. 14-94, “Connecticut Resources Recovery Authority” was changed editorially by the Revisors to “Materials Innovation and Recycling Authority” in Subsec. (a), effective June 6, 2014; P.A. 16-185 deleted former Subsec. (b) re board of directors serving on and before May 31, 2002, redesignated existing Subsecs. (c) to (n) as Subsecs. (b) to (m), amended redesignated Subsec. (b) to make technical changes and delete provision re not more than 2 directors appointed by the Governor to be of the same political party and amended redesignated Subsecs. (d), (f), (g), (i) and (m) to make technical changes, effective July 1, 2016; P.A. 23-170 amended Subsec. (a) to change name from Materials Innovation and Recycling Authority to the MIRA Dissolution Authority, amended Subsec. (b) to add provision re termination of board terms, delete provisions re appointment of board members and add provisions re MIRA Dissolution Authority board, amended Subsec. (c) to provide for Governor or Governor's designee to be chairperson of the board, amended Subsecs. (d) and (e) to make technical changes, amended Subsec. (f) to delete provisions re directors from municipal governments and appointment of a resident from a municipality that is the site of a facility and ad hoc members, deleted former Subsec. (g) re delegation of board duties to members of board, redesignated existing Subsec. (h) as Subsec. (g), deleted former Subsec. (i) re definition of “director”, redesignated existing Subsec. (j) as Subsec. (h), redesignated existing Subsec. (k) as Subsec. (i) and added provision re termination of the authority, redesignated existing Subsec. (l) as Subsec. (j) and deleted former Subsec. (m) re conflicts of interest by directors of the authority, effective July 1, 2023, and repealed section, effective July 1, 2025. Cited. 193 C. 506; 218 C. 821; 225 C. 731.