Connecticut General Statutes 8-451 – Municipal tax abatements for grocery stores in food deserts. Labor peace agreement for larger grocery stores
(a) As used in this section:
Terms Used In Connecticut General Statutes 8-451
- Ordinance: means an enactment under the provisions of section 7-157. See Connecticut General Statutes 1-1
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(1) “Bona fide labor organization” means a labor union that is representing or actively seeking to represent grocery store workers in the state with the following factors indicative, but not determinative, of a finding that a labor organization is a bona fide labor organization: The organization (A) represents employees in this state with regard to wages, hours and working conditions, (B) has officers elected by a secret ballot or otherwise in a manner consistent with federal law, (C) is free of domination or interference by any employer and has received no improper assistance or support from any employer, (D) has been recognized or certified as the bargaining representative for grocery store employees in the state, (E) has executed a current collective bargaining agreement or agreements with grocery store employers in the state, (F) has spent resources as part of a current and active attempt or attempts to organize and represent grocery store workers in the state, (G) has filed the annual report required by 29 USC 431(b) for the three years immediately preceding any labor peace agreement entered into with a grocery store seeking a tax abatement pursuant to this section, (H) has audited financial reports for the three years immediately preceding any labor peace agreement entered into with a grocery store seeking a tax abatement pursuant to this section, (I) has written bylaws or a constitution for the three years immediately preceding any labor peace agreement entered into with a grocery store seeking a tax abatement pursuant to this section, and (J) is affiliated with a regional or national association of unions, including, but not limited to, central labor councils.
(2) “Food desert” means an area identified as a food desert in the Food Access Research Atlas produced by the United States Department of Agriculture’s Economic Research Service.
(3) “Grocery store” means a retail facility (A) (i) at which at least ninety per cent of square footage is used for the display and sale of food products with (ii) at least twenty per cent of such square footage used to display and sell fresh produce, dairy and meat products; and (B) that is constructed, rehabilitated, remodeled or refurbished in accordance with the prevailing wage standard for the same work in the same trade or occupation in the town in which such construction, remodeling or refurbishment project is being undertaken.
(4) “Labor peace agreement” means an agreement between the business owner or operator of a grocery store and a bona fide labor organization, which requires, for the duration of the agreement, that (A) any participating bona fide labor organization and its members agree to refrain from (i) picketing, (ii) work stoppages, (iii) boycotts, or (iv) other economic interference against the business; and (B) the business owner agrees to (i) maintain a neutral posture with respect to efforts of any participating bona fide labor organization to represent employees at the grocery store, (ii) permit the labor organization to have access to the employees, and (iii) guarantee to the labor organization the right to obtain recognition as the exclusive collective bargaining representative of the employees at such grocery store by demonstrating that a majority of workers at such store have shown their preference for the labor organization to be their representative by signing authorization cards indicating such preference.
(b) Any municipality may, by ordinance, provide for the abatement, in part or in whole, of real property taxes on any new grocery store established in a food desert for the assessment years beginning on October 1, 2023, and October 1, 2024, provided any grocery store exceeding twenty thousand square feet in size shall be required to enter into a labor peace agreement with any bona fide labor organization that is representing or actively seeking to represent the grocery store’s employees in order to be eligible for such abatement. Such ordinance shall prescribe any additional requirements for such abatement and an application process.