Connecticut 2020 Regular Session

Connecticut House Bill HB05008 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	LCO No. 600 1 of 9
4	4
5	5	General Assembly Governor's Bill No. 5008
6	6	February Session, 2020
7	7	LCO No. 600
8	8
9	9
10	10	Referred to Committee on ENERGY AND TECHNOLOGY
11	11
12	12
13	13	Introduced by:
14	14	REP. ARESIMOWICZ, 30
15	15	th
16	16	Dist.
17	17	REP. RITTER M., 1
18	18	st
19	19	Dist.
20	20	SEN. LOONEY, 11
21	21	th
22	22	Dist.
23	23	SEN. DUFF, 25
24	24	th
25	25	Dist.
26	26
27	27
28	28
29	29
30	30
31	31
32	32	AN ACT CONCERNING TH E ESTABLISHMENT OF H IGH
33	33	PERFORMANCE GREEN BU ILDING STANDARDS FOR VOLUNTARY
34	34	ADOPTION BY MUNICIPA LITIES.
35	35	Be it enacted by the Senate and House of Representatives in General
36	36	Assembly convened:
37	37
38	38	Section 1. Section 16a-38k of the 2020 supplement to the general 1
39	39	statutes is repealed and the following is substituted in lieu thereof 2
40	40	(Effective July 1, 2020): 3
41	41	(a) Notwithstanding any provision of the general statutes, any (1) 4
42	42	new construction of a state facility that is projected to cost five million 5
43	43	dollars, or more, and for which all budgeted project bond funds are 6
44	44	allocated by the State Bond Commission on or after January 1, 2008, (2) 7
45	45	renovation of a state facility that is projected to cost two million dollars 8
46	46	or more, of which two million dollars or more is state funding, approved 9
47	47	and funded on or after January 1, 2008, (3) new construction of a facility 10
48	48	that is projected to cost five million dollars, or more, of which two 11 Governor's Bill No. 5008
49	49
50	50
51	51
52	52	LCO No. 600 2 of 9
53	53
54	54	million dollars or more is state funding, and is authorized by the 12
55	55	General Assembly pursuant to chapter 173 on or after January 1, 2009, 13
56	56	and (4) renovation of a public school facility as defined in subdivision 14
57	57	(18) of section 10-282 that is projected to cost two million dollars or 15
58	58	more, of which two million dollars or more is state funding, and is 16
59	59	authorized by the General Assembly pursuant to chapter 173 on or after 17
60	60	January 1, 2009, shall comply with the regulations described in 18
61	61	subsection (b) of this section, provided any regulations adopted 19
62	62	pursuant to this section before the effective date of this section shall 20
63	63	remain in effect until the regulations described in subsection (b) of this 21
64	64	section are adopted. The Commissioner of Energy and Environmental 22
65	65	Protection, in consultation with the Commissioner of Administrative 23
66	66	Services and the Institute for Sustainable Energy, shall exempt any 24
67	67	facility from complying with the regulations adopted pursuant to 25
68	68	subsection (b) of this section if the Commissioner of Energy and 26
69	69	Environmental Protection, in consultation with the Commissioner of 27
70	70	Administrative Services and the Secretary of the Office of Policy and 28
71	71	Management, finds, in a written analysis, that the measures needed to 29
72	72	comply with the building construction standards are not cost effective, 30
73	73	as defined in subdivision (8) of subsection (a) of section 16a-38. Nothing 31
74	74	in this section shall be construed to require the redesign of any new 32
75	75	construction of a state facility that is designed in accordance with the 33
76	76	silver building rating of the Leadership in Energy and Environmental 34
77	77	Design's rating system for new commercial construction and major 35
78	78	renovation projects, as established by the United States Green Building 36
79	79	Council, or an equivalent standard, including, but not limited to, a two-37
80	80	globe rating in the Green Globes USA design program, provided the 38
81	81	design for such facility was initiated or completed prior to the adoption 39
82	82	of the regulations described in subsection (b) of this section. For 40
83	83	purposes of subdivisions (1) and (2) of this subsection, a state facility 41
84	84	shall not include a salt shed, parking garage or any type of maintenance 42
85	85	facility, provided such shed, garage or facility has incorporated best 43
86	86	energy efficiency standards to the extent economically feasible. 44
87	87	(b) Not later than January 1, [2020] 2021, the Commissioner of Energy 45 Governor's Bill No. 5008
88	88
89	89
90	90
91	91	LCO No. 600 3 of 9
92	92
93	93	and Environmental Protection, in consultation with the Commissioner 46
94	94	of Administrative Services, shall adopt regulations, in accordance with 47
95	95	the provisions of chapter 54, to adopt (1) state building construction 48
96	96	standards, [that (1) are] and (2) residential and commercial building 49
97	97	construction standards that may be adopted by municipalities. Each set 50
98	98	of such standards shall be (A) based on a nationally recognized model 51
99	99	for sustainable construction codes that promotes the construction of 52
100	100	high performance green buildings that have reduced emissions, have 53
101	101	enhanced building occupant health and comfort, are designed to 54
102	102	conserve water resources, are designed to promote sustainable and 55
103	103	regenerative materials cycles and provide enhanced resilience to 56
104	104	natural, technological and human-caused hazards, and [(2)] (B) include 57
105	105	a standard for inclusion of electric vehicle charging stations, and 58
106	106	thereafter update such regulations as the Commissioner of Energy and 59
107	107	Environmental Protection deems necessary. 60
108	108	(c) Any municipality that adopts the residential and commercial 61
109	109	building construction standards that are adopted in regulations 62
110	110	pursuant to subsection (b) of this section shall inform the Commissioner 63
111	111	of Energy and Environmental Protection of such adoption. The 64
112	112	commissioner shall maintain a list of municipalities that adopt such 65
113	113	building construction standards on the Department of Energy and 66
114	114	Environmental Protection's Internet web site. 67
115	115	(d) The Commissioner of Energy and Environmental Protection, or 68
116	116	the commissioner's designee, may review a decision by any municipal 69
117	117	official or any municipal board of appeals whenever the commissioner, 70
118	118	or the commissioner's designee, determines that such official or board 71
119	119	of appeals misconstrued or misinterpreted a provision of the residential 72
120	120	and commercial building construction standards that are adopted in 73
121	121	regulations pursuant to subsection (b) of this section. In undertaking 74
122	122	any such review, the commissioner, or the commissioner's designee, 75
123	123	shall consult with such official or board of appeals. If the commissioner 76
124	124	determines that a provision of such standards was misconstrued or 77
125	125	misinterpreted, the commissioner may issue an interpretation of such 78
126	126	standards and may grant a variance from any provision of such 79 Governor's Bill No. 5008
127	127
128	128
129	129
130	130	LCO No. 600 4 of 9
131	131
132	132	standards or determine the suitability of alternate materials and 80
133	133	methods of construction. Any such determination or grant by the 81
134	134	commissioner or the commissioner's designee, shall be in writing and 82
135	135	sent to such municipal official or municipal board of appeals, by 83
136	136	registered mail, return receipt requested. Any person aggrieved by any 84
137	137	such determination or grant by the commissioner, or the commissioner's 85
138	138	designee, may appeal to the Superior Court for the judicial district 86
139	139	where the affected premises or proposed construction is located. 87
140	140	Sec. 2. Subdivision (7) of subsection (c) of section 7-148 of the general 88
141	141	statutes is repealed and the following is substituted in lieu thereof 89
142	142	(Effective July 1, 2020): 90
143	143	(7) (A) (i) Make rules relating to the maintenance of safe and sanitary 91
144	144	housing; 92
145	145	(ii) Regulate the mode of using any buildings when such regulations 93
146	146	seem expedient for the purpose of promoting the safety, health, morals 94
147	147	and general welfare of the inhabitants of the municipality; 95
148	148	(iii) Regulate and prohibit the moving of buildings upon or through 96
149	149	the streets or other public places of the municipality, and cause the 97
150	150	removal and demolition of unsafe buildings and structures; 98
151	151	(iv) Regulate and provide for the licensing of parked trailers when 99
152	152	located off the public highways, and trailer parks or mobile 100
153	153	manufactured home parks, except as otherwise provided by special act 101
154	154	and except where there exists a local zoning commission so empowered; 102
155	155	(v) Establish lines beyond which no buildings, steps, stoop, veranda, 103
156	156	billboard, advertising sign or device or other structure or obstruction 104
157	157	may be erected; 105
158	158	(vi) Regulate and prohibit the placing, erecting or keeping of signs, 106
159	159	awnings or other things upon or over the sidewalks, streets and other 107
160	160	public places of the municipality; 108
161	161	(vii) Regulate plumbing and house drainage; 109 Governor's Bill No. 5008
162	162
163	163
164	164
165	165	LCO No. 600 5 of 9
166	166
167	167	(viii) Prohibit or regulate the construction of dwellings, apartments, 110
168	168	boarding houses, hotels, commercial buildings, youth camps or 111
169	169	commercial camps and commercial camping facilities in such 112
170	170	municipality unless the sewerage facilities have been approved by the 113
171	171	authorized officials of the municipality; 114
172	172	(ix) Adopt the standards for residential and commercial building 115
173	173	construction contained in the regulations adopted pursuant to 116
174	174	subsection (b) of section 16a-38k, as amended by this act; 117
175	175	(B) (i) Regulate and prohibit, in a manner not inconsistent with the 118
176	176	general statutes, traffic, the operation of vehicles on streets and 119
177	177	highways, off-street parking and on-street residential neighborhood 120
178	178	parking areas in which on-street parking is limited to residents of a 121
179	179	given neighborhood, as determined by the municipality; 122
180	180	(ii) Regulate the speed of vehicles, subject to the provisions of the 123
181	181	general statutes relating to the regulation of the speed of motor vehicles 124
182	182	and of animals, and the driving or leading of animals through the 125
183	183	streets; 126
184	184	(iii) Require that conspicuous signage be posted in any area where a 127
185	185	motor vehicle may be subject to towing or to the use of a wheel-locking 128
186	186	device that renders such motor vehicle immovable, and that such 129
187	187	signage indicate where the motor vehicle will be stored, how the vehicle 130
188	188	may be redeemed and any costs or fees that may be charged; 131
189	189	(C) Regulate and prohibit the construction or use, and require the 132
190	190	removal of sinks, cesspools, drains, sewers, privies, barns, outhouses 133
191	191	and poultry pens and houses; 134
192	192	(D) (i) Regulate and prohibit the going at large of dogs and other 135
193	193	animals in the streets and public places of the municipality and prevent 136
194	194	cruelty to animals and all inhuman sports, except that no municipality 137
195	195	shall adopt breed-specific dog ordinances; 138
196	196	(ii) Regulate and prohibit the keeping of wild or domestic animals, 139 Governor's Bill No. 5008
197	197
198	198
199	199
200	200	LCO No. 600 6 of 9
201	201
202	202	including reptiles, within the municipal limits or portions thereof; 140
203	203	(E) Define, prohibit and abate within the municipality all nuisances 141
204	204	and causes thereof, and all things detrimental to the health, morals, 142
205	205	safety, convenience and welfare of its inhabitants and cause the 143
206	206	abatement of any nuisance at the expense of the owner or owners of the 144
207	207	premises on which such nuisance exists; 145
208	208	(F) (i) Keep streets, sidewalks and public places free from undue noise 146
209	209	and nuisances, and prohibit loitering thereon; 147
210	210	(ii) Regulate loitering on private property with the permission of the 148
211	211	owner thereof; 149
212	212	(iii) Prohibit the loitering in the nighttime of minors on the streets, 150
213	213	alleys or public places within its limits; 151
214	214	(iv) Prevent trespassing on public and private lands and in buildings 152
215	215	in the municipality; 153
216	216	(G) Prevent vice and suppress gambling houses, houses of ill-fame 154
217	217	and disorderly houses; 155
218	218	(H) (i) Secure the safety of persons in or passing through the 156
219	219	municipality by regulation of shows, processions, parades and music; 157
220	220	(ii) Regulate and prohibit the carrying on within the municipality of 158
221	221	any trade, manufacture, business or profession which is, or may be, so 159
222	222	carried on as to become prejudicial to public health, conducive to fraud 160
223	223	and cheating, or dangerous to, or constituting an unreasonable 161
224	224	annoyance to, those living or owning property in the vicinity; 162
225	225	(iii) Regulate auctions and garage and tag sales; 163
226	226	(iv) Prohibit, restrain, license and regulate the business of peddlers, 164
227	227	auctioneers and junk dealers in a manner not inconsistent with the 165
228	228	general statutes; 166
229	229	(v) Regulate and prohibit swimming or bathing in the public or 167 Governor's Bill No. 5008
230	230
231	231
232	232
233	233	LCO No. 600 7 of 9
234	234
235	235	exposed places within the municipality; 168
236	236	(vi) Regulate and license the operation of amusement parks and 169
237	237	amusement arcades including, but not limited to, the regulation of 170
238	238	mechanical rides and the establishment of the hours of operation; 171
239	239	(vii) Prohibit, restrain, license and regulate all sports, exhibitions, 172
240	240	public amusements and performances and all places where games may 173
241	241	be played; 174
242	242	(viii) Preserve the public peace and good order, prevent and quell 175
243	243	riots and disorderly assemblages and prevent disturbing noises; 176
244	244	(ix) Establish a system to obtain a more accurate registration of births, 177
245	245	marriages and deaths than the system provided by the general statutes 178
246	246	in a manner not inconsistent with the general statutes; 179
247	247	(x) Control insect pests or plant diseases in any manner deemed 180
248	248	appropriate; 181
249	249	(xi) Provide for the health of the inhabitants of the municipality and 182
250	250	do all things necessary or desirable to secure and promote the public 183
251	251	health; 184
252	252	(xii) Regulate the use of streets, sidewalks, highways, public places 185
253	253	and grounds for public and private purposes; 186
254	254	(xiii) Make and enforce police, sanitary or other similar regulations 187
255	255	and protect or promote the peace, safety, good government and welfare 188
256	256	of the municipality and its inhabitants; 189
257	257	(xiv) Regulate, in addition to the requirements under section 7-282b, 190
258	258	the installation, maintenance and operation of any device or equipment 191
259	259	in a residence or place of business which is capable of automatically 192
260	260	calling and relaying recorded emergency messages to any state police 193
261	261	or municipal police or fire department telephone number or which is 194
262	262	capable of automatically calling and relaying recorded emergency 195
263	263	messages or other forms of emergency signals to an intermediate third 196 Governor's Bill No. 5008
264	264
265	265
266	266
267	267	LCO No. 600 8 of 9
268	268
269	269	party which shall thereafter call and relay such emergency messages to 197
270	270	a state police or municipal police or fire department telephone number. 198
271	271	Such regulations may provide for penalties for the transmittal of false 199
272	272	alarms by such devices or equipment; 200
273	273	(xv) Make and enforce regulations for the prevention and 201
274	274	remediation of housing blight, including regulations reducing 202
275	275	assessments and authorizing designated agents of the municipality to 203
276	276	enter property during reasonable hours for the purpose of remediating 204
277	277	blighted conditions, provided such regulations define housing blight 205
278	278	and require such municipality to give written notice of any violation to 206
279	279	the owner and occupant of the property and provide a reasonable 207
280	280	opportunity for the owner and occupant to remediate the blighted 208
281	281	conditions prior to any enforcement action being taken, and further 209
282	282	provided such regulations shall not authorize such municipality or its 210
283	283	designated agents to enter any dwelling house or structure on such 211
284	284	property, and including regulations establishing a duty to maintain 212
285	285	property and specifying standards to determine if there is neglect; 213
286	286	prescribe civil penalties for the violation of such regulations of not less 214
287	287	than ten or more than one hundred dollars for each day that a violation 215
288	288	continues and, if such civil penalties are prescribed, such municipality 216
289	289	shall adopt a citation hearing procedure in accordance with section 7-217
290	290	152c; 218
291	291	(xvi) Regulate, on any property owned by the municipality, any 219
292	292	activity deemed to be deleterious to public health, including the lighting 220
293	293	or carrying of a lighted cigarette, cigar, pipe or similar device; 221
294	294	This act shall take effect as follows and shall amend the following
295	295	sections:
296	296
297	297	Section 1 July 1, 2020 16a-38k
298	298	Sec. 2 July 1, 2020 7-148(c)(7)
299	299
300	300	Statement of Purpose:
301	301	To implement the Governor's budget recommendations. Governor's Bill No. 5008
302	302
303	303
304	304
305	305	LCO No. 600 9 of 9
306	306
307	307	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
308	308	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
309	309	underlined.]
310	310