Connecticut 2019 Regular Session

Connecticut House Bill HB07179 Latest Draft

Bill / Chaptered Version Filed 06/26/2019

                             
 
 
Substitute House Bill No. 7179 
 
Public Act No. 19-192 
 
 
AN ACT CONCERNING CR UMBLING CONCRETE FOU NDATIONS. 
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Subsections (b) to (h), inclusive, of section 38a-91vv of the 
general statutes are repealed and the following is substituted in lieu 
thereof (Effective July 1, 2019): 
(b) In addition to any other requirements imposed by law applicable 
to captive insurance companies, the captive insurance company 
established pursuant to this section shall: 
(1) Upon request of the joint standing committees of the General 
Assembly having cognizance of matters relating to planning and 
development, public safety and housing, or the Governor, make 
recommendations regarding the expansion of eligibility for financial 
assistance pursuant to this section and modifications to improve the 
efficiency and operation of the captive insurance company in order to 
serve its public purpose; 
(2) Establish a board of directors who shall serve in a volunteer 
capacity. The membership of the board of directors shall include, but 
need not be limited to, a real estate agent or broker, two owners of 
residential buildings who have concrete foundations that have  Substitute House Bill No. 7179 
 
Public Act No. 19-192 	2 of 36 
 
deteriorated due to the presence of pyrrhotite, a chief executive or such 
chief executive's designee of a municipality in which residential 
buildings with concrete foundations that have deteriorated due to the 
presence of pyrrhotite are located, an individual with professional 
investment experience and currently registered as an investment 
adviser pursuant to title 36b, the executive directors of the Capitol 
Region Council of Governments and the [Eastern Region] 
Northeastern Connecticut Council of Governments or such executive 
directors' designees and representatives from the insurance and 
banking industries, who shall not have professional relationships with 
any bank or insurance company that has a financial interest in 
residential buildings subject to the provisions of this section and 
sections 7-374b, 8-441, 8-442, 8-443, 8-444, subparagraph (B) of 
subdivision (20) of subsection (a) of section 12-701 and section 29-265f. 
The speaker, the minority leader of the House of Representatives, the 
president pro tempore of the Senate and the Senate Republican 
president pro tempore shall each appoint a member of the General 
Assembly as a nonvoting, ex-officio member of the board of directors. 
It shall not constitute a conflict of interest for a member of the board of 
directors, who is the owner of a residential building which has a 
concrete foundation that has deteriorated due to the presence of 
pyrrhotite, or the spouse or dependent child of such member, to apply 
for or receive assistance from the captive insurance company 
established under this section, to repair or replace such concrete 
foundation, provided such member shall abstain from deliberation, 
action or vote by the board of directors in specific respect to such 
member's application or the application of such spouse or dependent 
child; 
(3) Develop eligibility requirements and underwriting guidelines for 
financial assistance for repair or replacement of concrete foundations. 
Such requirements and guidelines shall, not later than [thirty] fifteen 
days prior to their adoption, amendment or modification, be published  Substitute House Bill No. 7179 
 
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on a public Internet web site maintained by the captive insurance 
company; 
[(4) Develop in coordination with the Department of Housing, 
Connecticut Housing Finance Authority and participating lenders in 
the Collapsing Foundations Credit Enhancements Program, 
established pursuant to section 8-442, a single, unified application for 
owners of residential buildings to apply for all financial assistance 
available pursuant to this section and sections 8-442 and 8-443;] 
[(5)] (4) Provide financial assistance to such owners of residential 
buildings for the repair or replacement of concrete foundations that 
have deteriorated due to the presence of pyrrhotite, including, but not 
limited to, financial reimbursement to [homeowners] owners who 
have had such repair or replacement performed prior to October 31, 
2017; 
[(6)] (5) Assist such owners of residential buildings to obtain 
additional financing necessary to fully fund the repair or replacement 
of concrete foundations that have deteriorated due to the presence of 
pyrrhotite; 
[(7)] (6) Approve contractors or other vendors for eligibility to 
perform foundation repairs or replacements on behalf of claimants; 
[(8)] (7) Disburse such financial assistance to approved contractors 
or other vendors on behalf of claimants; 
[(9)] (8) Ensure that the financial assistance is used solely for costs of 
repairing and replacing concrete foundations that have deteriorated 
due to the presence of pyrrhotite; 
[(10)] (9) Require the disclosure of the amount of all financial 
compensation received by an owner of such a residential building, if 
any, arising out of a claim for coverage under the property coverage  Substitute House Bill No. 7179 
 
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provisions of the personal risk insurance policy, including, but not 
limited to, a homeowners policy, for foundation deterioration due to 
the presence of pyrrhotite and ensure that such amount is considered 
when determining the amount of financial assistance offered to such 
owner; 
[(11)] (10) When appropriate, apply for, qualify for and receive any 
federal funds made available under any federal act, for assistance to 
owners of residential buildings [and residential condominium units] 
having concrete foundations that have deteriorated due to the presence 
of pyrrhotite. To the extent permissible under federal law, all such 
federal funds shall be deposited into the Crumbling Foundations 
Assistance Fund established pursuant to section 8-441; and 
[(12)] (11) Enter into agreements, as necessary, with the Connecticut 
Housing Finance Authority and any participating lender, as defined in 
section 8-442, to develop and implement additional loan programs or 
financial products to assist such owners to repair or replace concrete 
foundations that have deteriorated due to the presence of pyrrhotite, 
while employing terms and conditions that are preferable to the open 
market. 
(c) Except as provided in subsection (d) of this section, such captive 
insurance company shall not be considered a state agency for purposes 
of any provision of the general statutes, and shall not be considered to 
perform a governmental function for purposes of chapter 14. Such 
captive insurance company may, subject to the provisions of this 
section, do all things necessary and desirable in its discretion to 
accomplish its purposes, including hiring employees and contracting 
for administrative or operational services, and entering into 
agreements with the Connecticut Housing Finance Authority created 
pursuant to section 8-244, as amended by this act, and any 
participating lender, as defined in section 8-442, to develop and 
implement additional loan programs or financial products that will  Substitute House Bill No. 7179 
 
Public Act No. 19-192 	5 of 36 
 
assist owners of residential buildings to repair or replace concrete 
foundations that have deteriorated due to the presence of pyrrhotite on 
terms and conditions that are preferable to the open market. Not more 
than ten per cent of all moneys allocated or made available to the 
captive insurance company in any calendar year shall be used for 
administrative or operational costs. 
(d) Employees and agents of the captive insurance company shall 
not be deemed state employees, except that employees and directors 
shall be subject to the provisions of sections 1-84, 1-84a, 1-84b, 1-85 and 
1-86. Any agent, consultant or contractor of the captive insurance 
company shall be subject to the provisions of sections 1-86e and 1-
101nn. The Office of State Ethics shall have the authority to enforce the 
provisions of this subsection. 
(e) Notwithstanding sections 38a-11 and 38a-91bb, the captive 
insurance company shall not be required to pay a license fee for the 
first year of licensure or a renewal fee for any year thereafter, as set 
forth in said sections. 
(f) In addition to any report required to be filed by not-for-profit 
entities generally under regulations of the Internal Revenue Service, 
the captive insurance company shall submit quarterly reports to the 
joint standing committees of the General Assembly having cognizance 
of matters relating to insurance, finance, planning and development, 
housing and public safety on its operation and financial condition. 
Such quarterly reports shall include, but need not be limited to, 
information concerning: (1) Moneys allocated or made available to it 
pursuant to this section, (2) total financial assistance and financial 
assistance, by town, provided to owners of such residential buildings 
pursuant to this section, (3) administrative and operational 
expenditures, (4) the total number and number, by town, of 
applications for assistance received during the quarter and to date, (5) 
the total number and number, by town, of applications for assistance  Substitute House Bill No. 7179 
 
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granted during the quarter and to date, (6) the average time to process 
applications, and (7) the total number and number, by town, of 
applications pending and amount of such claims. 
(g) The joint standing committees of the General Assembly having 
cognizance of matters relating to insurance, finance, planning and 
development, housing and public safety shall, not less than annually, 
hold a joint public hearing on the operation and financial condition of 
the captive insurance company. 
(h) A decision on an application for assistance pursuant to this 
section shall be made in writing and provided to the [homeowner] 
owner and shall include the information relied upon and the basis for 
such decision, including the relevant eligibility and underwriting 
criteria. An owner of such a residential building may request a review 
of any decision by the captive insurance company relating to such 
[homeowner] owner not later than thirty days after the decision. A 
final determination on such a request for review shall be made in 
writing and provided to the [homeowner] owner not later than thirty 
days after receipt of the [homeowner's] owner's request, unless an 
extension is agreed to by the [homeowner] owner. The final 
determination shall be subject to approval by the board of directors. 
There shall be no right to appeal such final determination. 
Sec. 2. Section 8-440 of the general statutes is repealed and the 
following is substituted in lieu thereof (Effective July 1, 2019): 
For purposes of sections 7-374b, sections 8-441 to 8-444, inclusive, 
[and] sections 12-701, 29-265f and 38a-91vv, as amended by this act, 
and sections 7 to 11, inclusive, of this act, "residential building" means 
[a one-family, two-family, three-family or four-family dwelling 
including, but not limited to, a condominium unit or dwelling in a 
planned unit development] (1) a single-family or multifamily 
residential dwelling, including, but not limited to, (A) a residential  Substitute House Bill No. 7179 
 
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unit in a condominium, as such terms are defined or used in section 
47-68a, or (B) a unit that is used for residential purposes and located in 
a common interest community, as such terms are defined in section 47-
202, and (2) a building containing one or more of the units described in 
subparagraph (A) or (B) of subdivision (1) of this section. 
Sec. 3. Section 38a-331 of the general statutes is repealed and the 
following is substituted in lieu thereof (Effective from passage): 
(a) [Beginning on January 1, 2019, until December 31, 2029, there 
shall be imposed a surcharge at the rate of twelve dollars on the named 
insured under each policy of homeowners insurance delivered, issued 
for delivery, renewed, amended or endorsed on or after January 1, 
2019, for a personal risk insurance policy on owned dwellings with 
four or fewer units or on condominiums.] (1) There is imposed a 
twelve-dollar surcharge on the issuance or renewal of each insurance 
policy providing: 
(A) Personal risk insurance coverage for an owned dwelling in this 
state with four or fewer units, except for a mobile home; 
(B) Coverage for an individual unit in this state that is part of a 
condominium, as such terms are defined in section 47-68a; or 
(C) Coverage for an individual unit in this state that is part of a 
common interest community and exclusively used for residential 
purposes, as such terms are defined in section 47-202. 
(2) The surcharge imposed under this subsection shall be assessed 
on insurance policies issued or renewed during the period beginning 
on January 1, 2019, and ending on December 31, 2029. Such surcharge 
is not premium and shall not be considered premium for any purpose. 
(b) Payment of the surcharge imposed under subsection (a) of this 
section shall be the obligation of the person that is first listed as an  Substitute House Bill No. 7179 
 
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insured under the policy, provided collection and remittance of such 
surcharge may be effected in such manner as the insurer, insured and 
any mortgagee may reasonably determine. Such surcharge is payable 
in full upon commencement or renewal of coverage, and no portion of 
such surcharge shall be reimbursed, whether on policy cancellation or 
otherwise. 
[(b)] (c) (1) Acting on behalf of, and as a collection agent of the 
Healthy Homes Fund established pursuant to section 8-446, as 
amended by this act, each admitted [and nonadmitted] insurer, or, for 
nonadmitted insurers, one or more surplus lines brokers licensed 
pursuant to section 38a-794 procuring from the nonadmitted insurer 
an insurance policy providing coverage of a type described in 
subdivision (1) of subsection (a) of this section, shall remit to the 
Insurance Commissioner, not later than the thirtieth day of April 
annually, all surcharges imposed under subsection (a) of this section 
on the named insured that were collected during the calendar year 
next preceding. [for each such policy delivered, issued or renewed 
before January first of the then current calendar year.] Each such 
remittance shall include documentation, in the form and manner 
prescribed by the commissioner, to substantiate the total surcharge 
amount being remitted by such insurer or licensee. 
(2) All such remittances under subdivision (1) of this subsection, 
except for the amount of remittances equal to the cost of funding an 
administrative officer position at the Insurance Department to facilitate 
the surcharge collection, shall be deposited in the Healthy Homes 
Fund established in section 8-446, as amended by this act. Not later 
than thirty days after such deposit in the Healthy Homes Fund, eighty-
five per cent of such deposits shall be transferred to the Crumbling 
Foundations Assistance Fund established in section 8-441. 
(3) The surcharge imposed [pursuant to] under subsection (a) of this 
section shall constitute a special purpose assessment for the purposes  Substitute House Bill No. 7179 
 
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of section 12-211. 
[(c)] (d) The commissioner may adopt regulations, in accordance 
with chapter 54, to implement the provisions of this section. 
Sec. 4. Subsections (a) and (b) of section 8-446 of the general statutes 
are repealed and the following is substituted in lieu thereof (Effective 
from passage): 
(a) There is established an account to be known as the "Healthy 
Homes Fund" which shall be a separate, nonlapsing account within the 
General Fund. The account shall contain any moneys required by law 
to be deposited in the account. Moneys in the account shall be 
expended by the Department of Housing for the purposes of: 
(1) Funding of not more than one million dollars, from remittances 
transferred pursuant to section 38a-331, as amended by this act, for the 
period beginning January 1, 2019, and ending December 31, 2019, shall 
be remitted to the Department of Economic and Community 
Development to be used for grants-in-aid to homeowners with homes 
located in the immediate vicinity of the West River in the Westville 
section of New Haven and Woodbridge for structurally damaged 
homes due to subsidence and to homeowners with homes abutting the 
Yale Golf Course in the Westville section of New Haven for damage to 
such homes from water infiltration or structural damage due to 
subsidence; and 
(2) Funding a program, and any related administrative expense, to 
reduce health and safety hazards in residential dwellings in 
Connecticut, including, but not limited to, lead, radon and other 
contaminants or conditions, through removal, remediation, abatement 
and other appropriate methods. For purposes of this subdivision, 
"administrative expense" means any administrative or other cost or 
expense incurred by the Department of Housing in carrying out the  Substitute House Bill No. 7179 
 
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provisions of this section, including, but not limited to the hiring of 
necessary employees and entering into necessary contracts. 
(b) The Department of Housing shall notify the Department of 
Public Health not later than thirty days after the deposit of remittances 
in the Healthy Homes Fund pursuant to subdivision (2) of subsection 
[(b)] (c) of section 38a-331, as amended by this act. Not later than thirty 
days after the deposit of remittances pursuant to subdivision (2) of 
subsection [(b)] (c) of section 38a-331, as amended by this act, the 
Department of Public Health shall notify each municipal health 
department in the state annually regarding funds available pursuant to 
the Healthy Homes Fund established pursuant to subsection (a) of this 
section. 
Sec. 5. Section 20-327b of the general statutes is repealed and the 
following is substituted in lieu thereof (Effective October 1, 2019): 
(a) Except as otherwise provided in this section, each person who 
offers residential property in the state for sale, exchange or for lease 
with option to buy, shall provide a written residential condition report 
or reports to the prospective purchaser at any time prior to the 
prospective purchaser's execution of any binder, contract to purchase, 
option or lease containing a purchase option. A photocopy, duplicate 
original, facsimile transmission or other exact reproduction or 
duplicate of the written residential condition report or reports 
containing the prospective purchaser's written receipt shall be attached 
to any written offer, binder or contract to purchase. A photocopy, 
duplicate original, facsimile transmission or other exact reproduction 
or duplicate of the written residential condition report or reports 
containing the signatures of both seller and purchaser shall be attached 
to any agreement to purchase the property. 
(b) The following shall be exempt from the provisions of this 
section: (1) Any transfer from one or more co-owners solely to one or  Substitute House Bill No. 7179 
 
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more of the co-owners; (2) transfers made to the spouse, mother, 
father, brother, sister, child, grandparent or grandchild of the 
transferor where no consideration is paid; (3) [transfers pursuant to an 
order of the court; (4)] transfers of newly-constructed residential real 
property for which an implied warranty is provided under chapter 
827; [(5)] (4) transfers made by executors, administrators, trustees or 
conservators; [(6)] (5) transfers by the federal government, any political 
subdivision thereof or any corporation, institution or quasi-
governmental agency chartered by the federal government; [(7) 
transfers by deed in lieu of foreclosure; (8)] (6) transfers by [the state of 
Connecticut or] this state; (7) except as provided in subsections (g) and 
(h) of this section, transfers by any political subdivision [thereof; (9)] of 
this state; (8) transfers of property which was the subject of a contract 
or option entered into prior to January 1, 1996; and [(10)] (9) except as 
provided in subsections (g) and (h) of this section, any transfer of 
property acquired by a judgment of strict foreclosure or by foreclosure 
by sale or by a deed in lieu of foreclosure. 
(c) The provisions of this section shall apply only to transfers by 
sale, exchange or lease with option to buy, of residential real property 
consisting of not less than one nor more than four dwelling units 
which shall include cooperatives and condominiums, and shall apply 
to all transfers, with or without the assistance of a licensed real estate 
broker or salesperson, as defined in section 20-311. 
(d) The Commissioner of Consumer Protection shall, within 
available appropriations, prescribe the written residential [disclosure 
report] condition reports required by this section and sections 20-327c 
to 20-327e, inclusive, as amended by this act. The written residential 
[disclosure report] condition reports shall be based upon [a template] 
templates that the commissioner shall prescribe. Such [template] 
templates shall: Fit on pages being not more than eight and one-half 
inches in height and eleven inches in width, with type size no smaller  Substitute House Bill No. 7179 
 
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than nine-point type, other than checkboxes or section headers, which 
may be in a smaller size; include the address of the subject property on 
each page; include page numbers on each page; include section 
headings in bold type and include space for the buyer and the seller's 
initials on each page, except the signature page. [The report] Each 
written residential condition report, other than the written residential 
condition report required pursuant to subsections (g) and (h) of this 
section, shall contain the following, in the order indicated: 
(1) A section entitled "Instructions to Sellers" 
You MUST answer ALL questions to the best of your knowledge.  
Identify/Disclose any problems regarding the subject property. 
YOUR REAL ESTATE LICENSEE CANNOT COMPLETE THIS 
FORM ON YOUR BEHALF. 
UNK means Unknown, N/A means Not Applicable. 
If you need additional space to complete any answer or explanation, 
attach additional page(s) to this form. Include subject property 
address, seller's name and the date. 
(2) Pursuant to the Uniform Property Condition Disclosure Act, the 
seller is obligated to answer the following questions and to disclose 
herein any knowledge of any problem regarding the following: 
(A) A subsection entitled "Subject Property" 
(i) Name of seller(s) 
(ii) Street address, municipality, zip code 
(B) A subsection entitled "General Information" 
(i) Indicate the YEAR the structure was built:  Substitute House Bill No. 7179 
 
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(ii) Indicate HOW LONG you have occupied the property: If not 
applicable, indicate with N/A. 
(iii) Does anyone else claim to own any part of your property, 
including, but not limited to, any encroachment(s)? If YES, explain: 
(iv) Does anyone other than you have or claim to have any right to 
use any part of your property, including, but not limited to, any 
easement or right-of-way? If YES, explain: 
(v) Is the property in a flood hazard area or an inland wetlands 
area? If YES, explain: 
(vi) Do you have any reason to believe that the municipality in 
which the subject property is located may impose any assessment for 
purposes such as sewer installation, sewer improvements, water main 
installation, water main improvements, sidewa lks or other 
improvements? If YES, explain: 
(vii) Is the property located in a municipally designated village 
district, municipally designated historic district or listed on the 
National Register of Historic Places? If YES, explain: 
(viii) Special Statement: Information concerning village districts and 
historic districts may be obtained from the municipality's village or 
historic district commission, if applicable. 
(ix) Is the property located in a special tax district? If YES, please 
explain: 
(x) Is the property subject to any type of land use restrictions, other 
than those contained within the property's chain of title or that are 
necessary to comply with state laws or municipal zoning? If YES, 
explain: 
(xi) Is the property located in a common interest community? If  Substitute House Bill No. 7179 
 
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YES, is it subject to any community or association dues or fees? Please 
explain: 
(xii) Do you have any knowledge of prior or pending litigation, 
government agency or administrative actions, orders or liens on the 
property related to the release of any hazardous substance? If YES, 
please explain: 
(C) A subsection entitled "Leased Equipment" 
Does the property include any Leased or Rented Equipment that 
would necessitate or obligate either of the following: The assignment 
or transfer of the lease or rental agreement(s) to the buyer or the 
replacement or substitution of the equipment by the buyer? If YES, 
indicate by checking ALL items that apply: PROPANE FUEL TANK; 
WATER HEATER; SECURITY ALARM SYSTEM; FIRE ALARM 
SYSTEM; SATELLITE DISH ANTENNA ; WATER TREATMENT 
SYSTEM; SOLAR DEVICES; MAJOR APPLIANCES; OTHER 
(D) A subsection entitled "Mechanical/Utility Systems" 
(i) Heating system problems? If YES, explain. List Fuel Types. 
(ii) Hot water heater Type: Age: Hot water problems? If YES, 
explain: 
(iii) Is there an underground storage tank? If YES, give AGE of tank 
and LOCATION. 
(iv) Are you aware of any problems with the underground storage 
tank? If YES, explain: 
(v) During the time you have owned the property, has there ever 
been an underground storage tank located on the property? If YES, has 
it been removed? If YES, what was the date of removal and what was 
the name and address of the person or business who removed such  Substitute House Bill No. 7179 
 
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underground storage tank? Provide any and all written documentation 
of such removal within your control or possession by attaching a copy 
of such documentation to this form. 
(vi) Air conditioning problems? If YES, explain: Air conditioning 
Type: Central; Window; Other 
(vii) Plumbing system problems? If YES, explain: 
(viii) Electrical System problems? If YES, explain: 
(ix) Electronic security system problems? If YES, explain: 
(x) Are there carbon monoxide or smoke detectors located in a 
dwelling on the property? If YES, state the NUMBER of such detectors 
and whether there have been problems with such detectors; 
(xi) Fire sprinkler system problems? If YES, explain: 
(E) A subsection entitled "Water System" 
(i) Domestic Water System Type: Public; Private Well; Other 
(ii) If Public Water: 
(I) Is there a separate expense/fee for water usage? If YES, is the 
expense/fee for water usage flat or metered? Give the AMOUNT and 
explain: 
(II) Are there any UNPAID water charges? If YES, state the amount 
unpaid: 
(iii) If Private Well: 
Has the well water been tested for contaminants/volatile organic 
compounds? If YES, attach a copy of the report.  Substitute House Bill No. 7179 
 
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(iv) If Public Water or Private Well: Are you aware of any problems 
with the well, or with the water quality, quantity, recovery, or 
pressure? If YES, explain: 
(F) A subsection entitled "Sewage Disposal System" 
(i) Sewage Disposal System Type: Public; Septic; Cesspool; Other 
(ii) If Public Sewer: 
(I) Is there a separate charge made for sewer use? If YES, is it Flat or 
Metered? 
(II) If it is a Flat amount, state amount and due dates: 
(III) Are there any UNPAID sewer charges? If any unpaid sewer 
charges, state the amount: 
(iii) If Private: 
(I) Name of service company 
(II) Date last pumped: AND frequency: 
(III) For any sewage system, are there problems? If YES, explain: 
(G) A subsection entitled "Asbestos/Lead" 
(i) Are asbestos containing insulation or building materials present? 
If YES, location: 
(ii) Is lead paint present? If YES, location: 
(iii) Is lead plumbing present? If YES, location: 
(H) A subsection entitled "Building/Structure/Improvements" 
(i) Is the foundation made of concrete? If NO, explain:  Substitute House Bill No. 7179 
 
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(ii) Foundation/Slab problems or settling? If YES, explain: 
(iii) Basement Water Seepage/Dampness? If YES, explain Amount, 
Frequency and Location: 
(iv) Sump pump problems? If YES, explain: 
(v) Do you have any knowledge of any testing or inspection done by 
a licensed professional related to a foundation on the property? If YES, 
disclose the testing or inspection method, the areas or locations that 
were tested or inspected, the results of such testing or inspection and 
attach a copy of the report concerning such testing or inspection. 
(vi) Do you have any knowledge of any repairs related to a 
foundation on the property? If YES, [explain:] describe such repairs, 
disclose the areas repaired and attach a copy of the report concerning 
such repairs. 
(vii) Do you have any knowledge related to the presence of 
pyrrhotite in a foundation on the property? If YES, explain: 
[(vii)] (viii) Roof type; Age? 
[(viii)] (ix) Roof leaks? If YES, explain: 
[(ix)] (x) Exterior siding problems? If YES, explain: 
[(x)] (xi) Chimney, Fireplace, Wood or Coal Stove problems? If YES, 
explain: 
[(xi)] (xii) Patio/deck problems? If YES, explain: 
[(xii)] (xiii) If constructed of Wood, is the Wood Treated or 
Untreated? 
[(xiii)] (xiv) Driveway problems? If YES, explain:  Substitute House Bill No. 7179 
 
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[(xiv)] (xv) Water drainage problems? If YES, explain: 
[(xv)] (xvi) Interior Floor, Wall and/or Ceiling problems? If YES, 
explain: 
[(xvi)] (xvii) Fire and/or Smoke damage? If YES, explain: 
[(xvii)] (xviii) Termite, Insect, Rodent or Pest Infestation problems? 
If YES, explain: 
[(xviii)] (xix) Rot or Water damage problems? If YES, explain: 
[(xix)] (xx) Is house insulated? If YES, Type: Location: 
[(xx)] (xxi) Has a test for Radon been performed? If YES, attach a 
copy of the report. 
[(xxi)] (xxii) Is there a Radon Control System in place? If YES, 
explain: 
[(xxii)] (xxiii) Has a Radon control system been in place in the 
previous 12 months? If YES, explain: 
(I) The Seller should attach additional pages to further explain any 
item(s) above. Indicate here the number of additional pages attached: 
(J) Questions contained in subparagraphs (A) to (I), inclusive, of this 
subdivision shall contain checkboxes indicating "yes", "no", "not 
applicable" or "unknown". 
(3) The written residential [disclosure] condition report shall contain 
the following immediately below the questions contained in 
subparagraphs (A) to (I), inclusive, of subdivision (2) of this 
subsection: 
A certification by the seller in the following form:  Substitute House Bill No. 7179 
 
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SELLER'S CERTIFICATION 
"To the extent of the seller's knowledge as a property owner, the 
seller acknowledges that the information contained above is true and 
accurate for those areas of the property listed. In the event a real estate 
broker or salesperson is utilized, the seller authorizes the brokers or 
salespersons to provide the above information to prospective buyers, 
selling agents or buyers' agents. 
 .... (Date) 	.... (Seller) 
 .... (Date) 	.... (Seller)" 
 
(4) The written residential [disclosure] condition report shall contain 
the following in a separate section immediately below the seller's 
certification: 
IMPORTANT INFORMATION 
(A) RESPONSIBILITIES OF REAL ESTATE BROKERS 
This report in no way relieves a real estate broker of the broker's 
obligation under the provisions of section 20-328-5a of the Regulations 
of Connecticut State Agencies to disclose any material facts. Failure to 
do so could result in punitive action taken against the broker, such as 
fines, suspension or revocation of license. 
(B) STATEMENTS NOT TO CONSTITUTE A WARRANTY 
Any representations made by the seller on the written residential 
[disclosure] condition report shall not constitute a warranty to the 
buyer. 
(C) NATURE OF [DISCLOSURE] REPORT 
This Residential Property Condition [Disclosure] Report is not a 
substitute for inspections, tests and other methods of determining the  Substitute House Bill No. 7179 
 
Public Act No. 19-192 	20 of 36 
 
physical condition of property. 
(D) INFORMATION ON THE RESIDENCE OF CONVICTED 
FELONS 
Information concerning the residence address of a person convicted 
of a crime may be available from law enforcement agencies or the 
Department of Public Safety. 
(E) BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY 
Prospective buyers should consult with the municipal building 
official in the municipality in which the property is located to confirm 
that building permits and certificates of occupancy have been issued 
for work on the property. 
(F) HOME INSPECTION 
Buyers should have the property inspected by a licensed home 
inspector. 
(G) CONCRETE FOUNDATION 
Prospective buyers may have a concrete foundation inspected by a 
licensed professional engineer who is a structural engineer for 
deterioration of the foundation due to the presence of pyrrhotite. 
(5) The written residential [disclosure] condition report shall contain 
the following immediately below the statements contained in 
subparagraphs (A) to (G), inclusive, of subdivision (4) of this 
subsection: 
A certification by the buyer in the following form: 
BUYER'S CERTIFICATION 
"The buyer is urged to carefully inspect the property and, if desired,  Substitute House Bill No. 7179 
 
Public Act No. 19-192 	21 of 36 
 
to have the property inspected by an expert. The buyer understands 
that there are areas of the property for which the seller has no 
knowledge and that this [disclosure statement] report does not 
encompass those areas. The buyer also acknowledges that the buyer 
has read and received a signed copy of this [statement] report from the 
seller or seller's agent. 
 .... (Date) 	.... [(Seller)] (Buyer) 
 .... (Date) 	.... [(Seller)] (Buyer)" 
 
(e) On or after January 1, 1996, the Commissioner of Consumer 
Protection shall make available the written residential [disclosure 
report] condition reports prescribed in accordance with the provisions 
of this section and sections 20-327c to 20-327e, inclusive, as amended 
by this act, to the Division of Real Estate, all municipal town clerks, the 
Connecticut Association of Realtors, Inc., and any other person or 
institution that the commissioner believes would aid in the 
dissemination and distribution of such [form] forms. The 
commissioner shall also cause information concerning such [form] 
forms and the completion of such [form] forms to be disseminated in a 
manner best calculated, in the commissioner's judgment, to reach 
members of the public, attorneys and real estate licensees. 
(f) Any written residential [disclosure] condition report prescribed 
in accordance with the provisions of this section and sections 20-327c 
to 20-327e, inclusive, as amended by this act, shall take effect for new 
listings thirty days following posting of the notice regarding such 
report on the Department of Consumer Protection's Internet web site. 
(g) In any transfer of residential real property that is located in a 
municipality that the Capitol Region Council of Governments 
determines is affected, or potentially affected, by crumbling 
foundations and was acquired by a political subdivision of this state or 
was acquired by a judgment of strict foreclosure or by foreclosure by  Substitute House Bill No. 7179 
 
Public Act No. 19-192 	22 of 36 
 
sale or by a deed in lieu of foreclosure, the owner or political 
subdivision shall, through a written residential condition report 
described in subsection (h) of this section, disclose to the prospective 
purchaser of such real property, at any time prior to the prospective 
purchaser's execution of any binder, contract to purchase, option or 
lease containing a purchase option, any facts that are within such 
owner's or political subdivision's actual knowledge concerning: 
(1) The presence of pyrrhotite in any concrete foundation on such 
property; 
(2) Any damage or deterioration in any concrete foundation on such 
property, including, but not limited to, any damage or deterioration 
caused by the presence of pyrrhotite in any foundation on such 
property; and 
(3) Any repairs or remediation to any concrete foundation on such 
property. 
(h) In any transfer of residential real property that is located in a 
municipality that the Capitol Region Council of Governments 
determines is affected, or potentially affected, by crumbling 
foundations and was acquired by a political subdivision of this state or 
was acquired by a judgment of strict foreclosure or by foreclosure by 
sale or by a deed in lieu of foreclosure, the owner or political 
subdivision shall satisfy the provisions of subsection (g) of this section 
through a written residential condition report prescribed by the 
Commissioner of Consumer Protection pursuant to subsection (d) of 
this section, which report shall be entitled "Residential Foundation 
Condition Report" and exclusively contain the following in the 
following order: 
(1) A section entitled "Instructions to Sellers" 
You MUST answer ALL questions based on your knowledge. You  Substitute House Bill No. 7179 
 
Public Act No. 19-192 	23 of 36 
 
are not required to undertake investigations or inspections of the 
foundation to verify your answers. 
YOUR REAL ESTATE LICENSEE CANNOT COMPLETE THIS 
FORM ON YOUR BEHALF. 
UNK means Unknown, N/A means Not Applicable. 
If you need additional space to complete any answer or explanation, 
attach additional page(s) to this form. Include subject property 
address, seller's name and the date. 
(2) Pursuant to the Uniform Property Condition Disclosure Act, the 
seller is obligated to answer the following questions and to disclose 
herein any knowledge of any problem regarding the following: 
(A) A subsection entitled "Subject Property" 
(i) Name of seller(s) 
(ii) Street address, municipality, zip code 
(B) A subsection entitled "Information About the Foundation" 
(i) Do you have any knowledge related to the presence of pyrrhotite 
in any concrete foundation on the subject property? If YES, explain: 
(ii) Are you aware of any damage or deterioration in any concrete 
foundation on the subject property, including, but not limited to, any 
damage or deterioration caused by the presence of pyrrhotite in any 
concrete foundation on the property? If YES, explain: 
(iii) Are you aware of any repairs or remediation to any concrete 
foundation on the subject property? If YES, explain: 
(3) In a separate section immediately below the questions contained 
in subdivision (2) of this subsection, the following information in the  Substitute House Bill No. 7179 
 
Public Act No. 19-192 	24 of 36 
 
following form: 
IMPORTANT INFORMATION 
(A) RESPONSIBILITIES OF REAL ESTATE BROKERS 
This report in no way relieves a real estate broker of the broker's 
obligation under the provisions of section 20-328-5a of the Regulations 
of Connecticut State Agencies to disclose any material facts. Failure to 
do so could result in punitive action taken against the broker, such as 
fines, suspension or revocation of license. 
(B) STATEMENTS NOT TO CONSTITUTE A WARRANTY 
Any representations made by the seller in this residential 
foundation condition report shall not constitute a warranty to the 
buyer. 
(C) NATURE OF REPORT 
This report is not a substitute for inspections, tests and other 
methods of determining the physical condition of the foundation. 
Prospective buyers may have a concrete foundation inspected by a 
licensed professional engineer who is a structural engineer for 
deterioration of the foundation due to the presence of pyrrhotite. 
(4) Immediately following the information contained in subdivision 
(3) of this subsection, a certification by the buyer in the following form: 
BUYER'S CERTIFICATION 
"The buyer is urged to carefully inspect the foundation and, if 
desired, to have the foundation inspected by an expert. The buyer 
understands that there are parts of the property, including the 
foundation, for which the seller has no knowledge and that this report 
does not encompass those parts. The buyer also acknowledges that the  Substitute House Bill No. 7179 
 
Public Act No. 19-192 	25 of 36 
 
buyer has read and reviewed a signed copy of this report from the 
seller or the seller's agent. 
 .... (Date) 	.... (Buyer) 
 .... (Date) 	.... (Buyer)" 
 
(5) Immediately below the buyer's certification, a certification by the 
seller in the following form: 
SELLER'S CERTIFICATION 
"To the extent of the seller's knowledge as an owner of a property 
acquired through foreclosure or deed in lieu of foreclosure, the seller 
acknowledges that the information contained above is true and 
accurate. In the event a real estate broker or salesperson is utilized, the 
seller authorizes the broker or salesperson to provide the above 
information to prospective buyers, selling agents or buyers' agents. 
 .... (Date) 	.... (Seller) 
 .... (Date) 	.... (Seller)" 
 
Sec. 6. Section 20-327c of the general statutes is repealed and the 
following is substituted in lieu thereof (Effective January 1, 2020): 
(a) On or after January 1, 1996, every agreement to purchase 
residential real estate, for which a written residential condition report 
is, or written residential condition reports are, required pursuant to 
section 20-327b, as amended by this act, shall include a requirement 
that the seller credit the purchaser with the sum of five hundred 
dollars at closing should the seller fail to furnish the written residential 
condition report or reports as required by sections 20-327b to 20-327e, 
inclusive, as amended by this act. 
(b) (1) No seller who credits a purchaser pursuant to subsection (a) 
of this section shall, by reason of such credit, be excused from  Substitute House Bill No. 7179 
 
Public Act No. 19-192 	26 of 36 
 
disclosing to the purchaser any defect in the residential real estate if 
such defect: 
(A) Is subject to disclosure pursuant to section 20-327b, as amended 
by this act; 
(B) Is within the seller's actual knowledge of such residential real 
estate; and 
(C) Significantly impairs (i) the value of such residential real estate, 
(ii) the health or safety of future occupants of such residential real 
estate, or (iii) the useful life of such residential real estate. 
(2) A purchaser may, without limiting any other remedies available 
to the purchaser, bring a civil action in the judicial district in which the 
residential real estate is located to recover actual damages from a seller 
who fails to disclose any defect described in subdivision (1) of this 
subsection to such purchaser. 
Sec. 7. (NEW) (Effective from passage) As used in this section and 
sections 8 to 11, inclusive, of this act: 
(1) "Authority" means the Connecticut Housing Finance Authority 
created under section 8-244 of the general statutes, as amended by this 
act; 
(2) "Bank" means a bank or an out-of-state bank, each as defined in 
section 36a-2 of the general statutes; 
(3) "Captive insurance company" means the captive insurance 
company established pursuant to section 38a-91vv of the general 
statutes, as amended by this act; 
(4) "Credit union" means a Connecticut credit union or a federal 
credit union, each as defined in section 36a-2 of the general statutes;  Substitute House Bill No. 7179 
 
Public Act No. 19-192 	27 of 36 
 
(5) "Department" means the Department of Banking; 
(6) "Eligible borrower" means the owner or occupant of a residential 
building who has received a participation agreement from the captive 
insurance company; 
(7) "Eligible financial institution" means a bank or credit union that 
has a physical presence in this state; 
(8) "Participation agreement" means an agreement by the captive 
insurance company to pay for a portion of the cost to repair or replace a 
concrete foundation that has deteriorated due to the presence of 
pyrrhotite; and 
(9) "Residential building" has the same meaning as provided in 
section 8-440 of the general statutes, as amended by this act. 
Sec. 8. (NEW) (Effective from passage) (a) The authority shall 
administer a supplemental collapsing foundation loan program to 
guarantee the repayment of loans made by an eligible financial 
institution to an eligible borrower pursuant to sections 7 to 11, 
inclusive, of this act. Subject to the cessation of new claim approvals 
under subsection (d) of section 10 of this act, the authority shall submit 
all processed claims to the Comptroller, who shall pay from the 
General Fund any and all claims submitted by the authority. 
(b) (1) Except as provided in subsection (d) of this section, any 
eligible financial institution may participate in the loan guarantee 
program after providing the department and the authority with 
advance written notice of the eligible financial institution's intention to 
participate in the program. Such notice shall be in the form and 
manner prescribed by the department and the authority, and shall 
include contact information for the eligible financial institution. 
Nothing in this section shall be construed to preclude an eligible 
financial institution that has elected to participate in the program from  Substitute House Bill No. 7179 
 
Public Act No. 19-192 	28 of 36 
 
issuing loans to eligible borrowers outside of the loan guarantee 
program. 
(2) An eligible financial institution may suspend its participation in, 
or withdraw from, the loan guarantee program five business days after 
providing advance written notice to the department and the authority 
specifying the date on which such suspension or withdrawal becomes 
effective. Such withdrawal or suspension shall not affect the eligible 
financial institution's ability to submit a guarantee claim on any loan 
for which the eligible financial institution provided notice to the 
authority pursuant to subsection (d) of this section prior to the 
effective date of the withdrawal or suspension. 
(3) Not later than September 1, 2019, the department and the 
authority shall each publish on their Internet web sites a summary of 
the program and a list of the eligible financial institutions that have 
elected to participate in the program. The list shall be updated from 
time to time and shall include the contact information of each 
participating eligible financial institution. The department shall also 
provide information concerning the loan guarantee program to 
mortgage servicers licensed pursuant to section 36a-718 of the general 
statutes. 
(c) (1) The authority may develop, in consultation with 
representatives from the banking industry, one or more standard 
promissory note and mortgage deed forms that may be used by 
eligible financial institutions making loans under the program 
pursuant to section 9 of this act. 
(2) Not later than September 1, 2019, the authority shall develop, in 
consultation with representatives from the banking industry, (A) 
reasonable standards an eligible financial institution may rely upon to 
demonstrate good faith collection efforts described in subsection (a) of 
section 10 of this act, and (B) a readily accessible communication portal  Substitute House Bill No. 7179 
 
Public Act No. 19-192 	29 of 36 
 
by which participating eligible financial institutions may verify in real 
time the total dollar amount of loans that have been reported to the 
authority pursuant to subsection (d) of this section and the total dollar 
amount of claims submitted to the Comptroller pursuant to subsection 
(a) of section 10 of this act. The forms and standards developed 
pursuant to this section shall, to the maximum extent feasible, be 
closely aligned with existing forms, policies and procedures used by 
eligible financial institutions participating in the program, but shall not 
require post-delinquency collection efforts extending beyond ninety 
days. 
(d) Each eligible financial institution that makes a loan pursuant to 
section 9 of this act, shall notify the authority in writing not later than 
one business day after making the loan, specifying the amount of the 
loan and any other information about the borrower and the loan the 
authority may request. When the total amount of loans reported to the 
authority reaches twenty million dollars, the authority shall 
immediately close participation in the program under subsection (a) of 
this section and notify each eligible financial institution participating 
in the program. A participating eligible financial institution may 
condition the availability of any loan commitment on the availability of 
the loan guarantee program. 
Sec. 9. (NEW) (Effective from passage) Each eligible financial 
institution that is participating in the program may make loans to an 
eligible borrower, provided: 
(1) The eligible borrower demonstrates to the satisfaction of the 
financial institution that the eligible borrower has a participation 
agreement with the captive insurance company. 
(2) The loan shall (A) be secured by a mortgage deed on the eligible 
borrower's residential building, (B) be made in accordance with the 
eligible financial institution's underwriting policy and standards, (C)  Substitute House Bill No. 7179 
 
Public Act No. 19-192 	30 of 36 
 
be in an amount not to exceed seventy-five thousand dollars, and (D) 
bear an interest rate that does not exceed the applicable rate of the 
Federal Home Loan Bank of Boston for Amortizing Advances through 
the New England Fund program. For the purposes of this subdivision, 
"applicable rate" means the New England Fund rate that (i) is 
published on the Internet web site of the Federal Home Loan Bank of 
Boston as of the date the interest rate is locked-in by the eligible 
borrower and financial institution, and (ii) has an advance term and 
amortization schedule that most closely corresponds to the term and 
amortization schedule of the loan being made by the participating 
eligible financial institution. 
(3) The eligible financial institution may recover up to eight 
hundred dollars from the eligible borrower for expenses paid by the 
eligible financial institution to third parties for services related to 
processing the application and closing the loan, including obtaining a 
credit report, flood certification, title search, appraisal or other 
valuation, and any recording fees. Such expenses may be financed as 
part of the loan subject to the seventy-five-thousand-dollar limit 
described in subparagraph (C) of subdivision (2) of this subsection or 
paid separately by the eligible borrower. 
(4) The loan agreement shall require the eligible borrower to repay 
the loan in full not later than twenty years after the date the loan is 
issued. 
(5) The loan proceeds shall be used by the borrower only for eligible 
repair expenses. For the purposes of this subdivision, "eligible repair 
expenses" means repair or replacement expenses that are (A) necessary 
to complete the repair or replacement of the foundation, or (B) 
otherwise necessary to restore the functionality and appearance of the 
property to the extent that the functionality and appearance of the 
property were compromised by the deterioration of the foundation or 
the demolition and construction process, including, but not limited to,  Substitute House Bill No. 7179 
 
Public Act No. 19-192 	31 of 36 
 
the repair or replacement of wall framing, drywall, paint and other 
wall finishes, porches or decks, gutters, landscaping, outbuildings or 
sheds and swimming pools. "Eligible repair expenses" do not include 
any costs associated with significant upgrades to the property that are 
not otherwise included in subparagraphs (A) and (B) of this 
subdivision. A participating eligible financial institution may decline 
an application for a loan under the program that includes a request to 
fund expenses associated with upgrades to the property that may not 
qualify as eligible repair expenses, but the failure to do so shall not 
affect the ability of the eligible financial institution to include the loan 
in the loan guarantee program for the full amount of principal 
extended to the eligible borrower. 
Sec. 10. (NEW) (Effective from passage) (a) An eligible financial 
institution that has made a good faith effort to collect the outstanding 
principal from a loan issued pursuant to section 9 of this act may make 
a claim to the authority for recovery of an amount equal to the 
outstanding principal for such loan. Except as provided in subsection 
(d) of this section, if the eligible financial institution demonstrates to 
the satisfaction of the authority that the eligible financial institution 
has made a good faith effort to collect the outstanding principal from 
the eligible borrower in accordance with the financial institution's loan 
servicing and collection policies, the authority shall process and 
submit the claim to the Comptroller for payment. Upon payment of a 
claim by the Comptroller, and as a condition of such payment, (1) the 
loan shall be assigned to the state, and (2) the authority, as agent for 
the state, shall have the right to continue collection efforts on the loan. 
Any amount necessary for payment by the Comptroller to honor loan 
guarantees under this section shall be deemed appropriated from the 
General Fund, and any funds collected by the authority in accordance 
with this subsection shall be deposited to the General Fund. 
(b) The authority shall maintain records in the regular course of  Substitute House Bill No. 7179 
 
Public Act No. 19-192 	32 of 36 
 
administration of the loan guarantee program, including a record of 
loans issued and of payments made to honor loan guarantees issued 
under this section. 
(c) The authority may terminate any loan guarantee if the financial 
institution misrepresents any information pertaining to the guarantee 
or fails to comply with any requirements of this section in connection 
with the guarantee of the underlying loan. 
(d) The total amount of claims processed by the authority and paid 
by the Comptroller to honor loan guarantees under this section shall 
not exceed two million dollars. When the total amount of claims 
processed by the authority and paid by the Comptroller reaches two 
million dollars, the authority shall immediately cease to process claims 
and shall notify the Comptroller and each eligible financial institution 
participating in the program that the authority has ceased honoring 
loan guarantees. 
Sec. 11. (NEW) (Effective from passage) The Comptroller, the authority 
and the department may enter into a memorandum of understanding 
to carry out the provisions of sections 7 to 12, inclusive, of this act.  
Sec. 12. Subsection (a) of section 8-244 of the general statutes is 
repealed and the following is substituted in lieu thereof (Effective from 
passage): 
(a) There is created a body politic and corporate to be known as the 
"Connecticut Housing Finance Authority". Said authority is constituted 
a public instrumentality and political subdivision of this state and the 
exercise by the authority of the powers conferred by this chapter and 
sections 7 to 11, inclusive, of this act shall be deemed and held to be the 
performance of an essential public and governmental function. The 
Connecticut Housing Finance Authority shall not be construed to be a 
department, institution or agency of the state. The board of directors of  Substitute House Bill No. 7179 
 
Public Act No. 19-192 	33 of 36 
 
the authority shall consist of sixteen members as follows: (1) The 
Commissioner of Economic and Community Development, the 
Commissioner of Housing, the Secretary of the Office of Policy and 
Management, the Banking Commissioner and the State Treasurer, ex 
officio, or their designees, with the right to vote, (2) seven members to 
be appointed by the Governor, and (3) four members appointed as 
follows: One by the president pro tempore of the Senate, one by the 
speaker of the House of Representatives, one by the minority leader of 
the Senate and one by the minority leader of the House of 
Representatives. The member initially appointed by the speaker of the 
House of Representatives shall serve a term of five years; the member 
initially appointed by the president pro tempore of the Senate shall 
serve a term of four years. The members initially appointed by the 
Senate minority leader shall serve a term of three years. The member 
initially appointed by the minority leader of the House of 
Representatives shall serve a term of two years. Thereafter, each 
member appointed by a member of the General Assembly shall serve a 
term of five years. The members appointed by the Governor and the 
members of the General Assembly shall be appointed in accordance 
with section 4-9b and among them be experienced in all aspects of 
housing, including housing design, development, finance, 
management and state and municipal finance, and at least one of 
whom shall be selected from among the officers or employees of the 
state. At least one shall have experience in the provision of housing to 
very low, low and moderate income families. On or before July first, 
annually, the Governor shall appoint a member for a term of five years 
from said July first to succeed the member whose term expires and 
until such member's successor has been appointed, except that in 1974 
and 1995 and quinquennially thereafter, the Governor shall appoint 
two members. The chairperson of the board shall be appointed by the 
Governor. The board shall annually elect one of its appointed members 
as vice-chairperson of the board. Members shall receive no 
compensation for the performance of their duties hereunder but shall  Substitute House Bill No. 7179 
 
Public Act No. 19-192 	34 of 36 
 
be reimbursed for necessary expenses incurred in the performance 
thereof. The Governor or appointing member of the General Assembly, 
as the case may be, shall fill any vacancy for the unexpired term. A 
member of the board shall be eligible for reappointment. Any member 
of the board may be removed by the Governor or appointing member 
of the General Assembly, as the case may be, for misfeasance, 
malfeasance or wilful neglect of duty. Each member of the board 
before entering upon such member's duties shall take and subscribe 
the oath of affirmation required by article XI, section 1, of the State 
Constitution. A record of each such oath shall be filed in the office of 
the Secretary of the State. Each ex-officio member may designate such 
member's deputy or any member of such member's staff to represent 
such member at meetings of the board with full power to act and vote 
on such member's behalf. 
Sec. 13. (NEW) (Effective July 1, 2019) (a) There is established a 
program to encourage the development of technologies and techniques 
regarding the prevention, identification and repair of properties that 
have, or may suffer from, crumbling foundations due to the presence 
of pyrrhotite. 
(b) Connecticut Innovations, Incorporated, shall administer the 
program established under subsection (a) of this section within 
existing resources and, in conjunction with a volunteer panel of subject 
matter experts convened by Connecticut Innovations, Incorporated, 
develop criteria for the program established under subsection (a) of 
this section. 
(c) Connecticut Innovations, Incorporated, may administer the 
program established under subsection (a) of this section in 
coordination with the coordinating agency from another state or other 
states. 
Sec. 14. (NEW) (Effective July 1, 2019) (a) The Chief Data Officer  Substitute House Bill No. 7179 
 
Public Act No. 19-192 	35 of 36 
 
shall, in consultation with the Department of Housing, the State 
Geologist, the captive insurance company established pursuant to 
section 38a-91vv of the general statutes, as amended by this act, and 
the volunteer panel convened pursuant to subsection (b) of section 13 
of this act, develop and implement a plan to collect the data necessary 
to conduct research regarding crumbling foundations. 
(b) Any data collected under the plan developed and implemented 
pursuant to subsection (a) of this section shall be confidential and 
exempt from the Freedom of Information Act, as defined in section 1-
200 of the general statutes, except that the Chief Data Officer may 
make such data available for research purposes subject to data sharing 
agreements that maintain the confidentiality of personally identifying 
information and the specific location of any property. 
Sec. 15. (Effective from passage) (a) There is established a working 
group to develop a model quality control plan for quarries and to 
study the workforce of contractors engaged in the repair and 
replacement of concrete foundations that have deteriorated due to the 
presence of pyrrhotite. 
(b) The working group shall consist of the following members: 
(1) Two appointed by the speaker of the House of Representatives, 
one of whom shall have expertise in residential home building and one 
of whom shall have expertise in the construction industry; 
(2) Two appointed by the president pro tempore of the Senate, one 
of whom shall be a member of the Capitol Region Council of 
Governments; 
(3) One appointed by the majority leader of the House of 
Representatives; 
(4) One appointed by the majority leader of the Senate;  Substitute House Bill No. 7179 
 
Public Act No. 19-192 	36 of 36 
 
(5) One appointed by the minority leader of the House of 
Representatives; and 
(6) One appointed by the minority leader of the Senate. 
(c) Any member of the working group may be a member of the 
General Assembly. 
(d) All appointments to the working group shall be made not later 
than thirty days after the effective date of this section. Any vacancy 
shall be filled by the appointing authority. 
(e) The speaker of the House of Representatives and the president 
pro tempore of the Senate shall select the chairpersons of the working 
group from among the members of the working group. Such 
chairpersons shall schedule the first meeting of the working group, 
which shall be held not later than sixty days after the effective date of 
this section. 
(f) The administrative staff of the joint standing committee of the 
General Assembly having cognizance of matters relating to consumer 
protection shall serve as administrative staff of the working group. 
(g) Not later than February 1, 2020, the working group shall submit 
a report on its findings and recommendations to the joint standing 
committee of the General Assembly having cognizance of matters 
relating to consumer protection, in accordance with the provisions of 
section 11-4a of the general statutes. The working group shall 
terminate on the date that it submits such report or February 1, 2020, 
whichever is later.