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statutes is repealed and the following is substituted in lieu thereof 2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