CT
Connecticut Senate Bill SB00105

Connecticut 2020 Regular Session

Connecticut Senate Bill SB00105 Compare Versions

Only one version of the bill is available at this time.
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55 General Assembly Raised Bill No. 105
66 February Session, 2020
77 LCO No. 1123
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1010 Referred to Committee on HOUSING
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1313 Introduced by:
1414 (HSG)
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1919 AN ACT ESTABLISHING A RIGHT TO HOUSING.
2020 Be it enacted by the Senate and House of Representatives in General
2121 Assembly convened:
2222
2323 Section 1. (NEW) (Effective October 1, 2020) (a) There is established a 1
2424 right for every resident in this state to obtain adequate housing. Such 2
2525 right is available only insofar as it is implemented in accordance with 3
2626 other parts of the general statutes, state rules and regulations, federal 4
2727 law, the state Constitution and the United States Constitution. 5
2828 (b) The components of such right are: 6
2929 (1) Prevention of residents of the state from entering homelessness by 7
3030 providing assistance and services that include, but are not limited to, 8
3131 (A) payment of rent and utility arrearages, (B) legal support for 9
3232 residents facing eviction, and (C) connection to services that would 10
3333 address factors that could lead to homelessness; and 11
3434 (2) Assistance for those residents who have become homeless by 12
3535 providing emergency accommodations in a clean and safe environment 13
3636 where such residents may stay until they can be found permanent 14
3737 housing, where to the extent feasible such emergency accommodations: 15 Raised Bill No. 105
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4343 (A) Are in close proximity to the community where the residents lived 16
4444 previously, (B) provide access to supportive services, and (C) have no 17
4545 preconditions for access. 18
4646 (c) All state agencies, as defined in section 1-79 of the general statutes, 19
4747 and each political subdivision of the state, shall: 20
4848 (1) Consider the right to housing established under subsection (a) of 21
4949 this section and its components set forth in subsection (b) of this section 22
5050 when adopting or revising policies, regulations or grant criteria that 23
5151 implicate such right; and 24
5252 (2) When implementing such policies, regulations or grant criteria, 25
5353 ensure that all residents are treated with dignity and respect to 26
5454 minimize the trauma of any resident experiencing or facing the prospect 27
5555 of homelessness. 28
5656 Sec. 2. Section 4-166 of the general statutes is repealed and the 29
5757 following is substituted in lieu thereof (Effective October 1, 2020): 30
5858 As used in this chapter and section 3 of this act: 31
5959 (1) "Agency" means each state board, commission, department or 32
6060 officer authorized by law to make regulations or to determine contested 33
6161 cases, but does not include either house or any committee of the General 34
6262 Assembly, the courts, the Council on Probate Judicial Conduct, the 35
6363 Governor, Lieutenant Governor or Attorney General, or town or 36
6464 regional boards of education, or automobile dispute settlement panels 37
6565 established pursuant to section 42-181; 38
6666 (2) "Approved regulation" means a regulation submitted to the 39
6767 Secretary of the State in accordance with the provisions of section 4-172; 40
6868 (3) "Certification date" means the date the Secretary of the State 41
6969 certifies, in writing, that the eRegulations System is technologically 42
7070 sufficient to serve as the official compilation and electronic repository in 43
7171 accordance with section 4-173b; 44 Raised Bill No. 105
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7777 (4) "Contested case" means a proceeding, including but not restricted 45
7878 to rate-making, price fixing and licensing, in which the legal rights, 46
7979 duties or privileges of a party are required by state statute or regulation 47
8080 to be determined by an agency after an opportunity for hearing or in 48
8181 which a hearing is in fact held, but does not include proceedings on a 49
8282 petition for a declaratory ruling under section 4-176, hearings referred 50
8383 to in section 4-168, as amended by this act, or hearings conducted by the 51
8484 Department of Correction or the Board of Pardons and Paroles; 52
8585 (5) "Final decision" means (A) the agency determination in a 53
8686 contested case, (B) a declaratory ruling issued by an agency pursuant to 54
8787 section 4-176, or (C) an agency decision made after reconsideration. The 55
8888 term does not include a preliminary or intermediate ruling or order of 56
8989 an agency, or a ruling of an agency granting or denying a petition for 57
9090 reconsideration; 58
9191 (6) "Hearing officer" means an individual appointed by an agency to 59
9292 conduct a hearing in an agency proceeding. Such individual may be a 60
9393 staff employee of the agency; 61
9494 (7) "Intervenor" means a person, other than a party, granted status as 62
9595 an intervenor by an agency in accordance with the provisions of 63
9696 subsection (d) of section 4-176 or subsection (b) of section 4-177a; 64
9797 (8) "License" includes the whole or part of any agency permit, 65
9898 certificate, approval, registration, charter or similar form of permission 66
9999 required by law, but does not include a license required solely for 67
100100 revenue purposes; 68
101101 (9) "Licensing" includes the agency process respecting the grant, 69
102102 denial, renewal, revocation, suspension, annulment, withdrawal or 70
103103 amendment of a license; 71
104104 (10) "Party" means each person (A) whose legal rights, duties or 72
105105 privileges are required by statute to be determined by an agency 73
106106 proceeding and who is named or admitted as a party, (B) who is 74
107107 required by law to be a party in an agency proceeding, or (C) who is 75 Raised Bill No. 105
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113113 granted status as a party under subsection (a) of section 4-177a; 76
114114 (11) "Person" means any individual, partnership, corporation, limited 77
115115 liability company, association, governmental subdivision, agency or 78
116116 public or private organization of any character, but does not include the 79
117117 agency conducting the proceeding; 80
118118 (12) "Personal delivery" means delivery directly to the intended 81
119119 recipient or a recipient's designated representative and includes, but is 82
120120 not limited to, delivery by electronic mail to an electronic mail address 83
121121 identified by the recipient as an acceptable means of communication; 84
122122 (13) "Presiding officer" means the member of an agency or the hearing 85
123123 officer designated by the head of the agency to preside at the hearing; 86
124124 (14) "Proposed final decision" means a final decision proposed by an 87
125125 agency or a presiding officer under section 4-179; 88
126126 (15) "Proposed regulation" means a proposal by an agency under the 89
127127 provisions of section 4-168, as amended by this act, for a new regulation 90
128128 or for a change in, addition to or repeal of an existing regulation; 91
129129 (16) "Regulation" means each agency statement of general 92
130130 applicability, without regard to its designation, that implements, 93
131131 interprets, or prescribes law or policy, or describes the organization, 94
132132 procedure, or practice requirements of any agency. The term includes 95
133133 the amendment or repeal of a prior regulation, but does not include (A) 96
134134 statements concerning only the internal management of any agency and 97
135135 not affecting private rights or procedures available to the public, (B) 98
136136 declaratory rulings issued pursuant to section 4-176, or (C) intra-agency 99
137137 or interagency memoranda; 100
138138 (17) "Regulation-making" means the process for formulation and 101
139139 adoption of a regulation; 102
140140 (18) "Regulation-making record" means the documents specified in 103
141141 subsection (b) of section 4-168b, as amended by this act, and includes 104
142142 any other documents created, received or considered by an agency 105 Raised Bill No. 105
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148148 during the regulation-making process; and 106
149149 (19) "Regulations of Connecticut state agencies" means the official 107
150150 compilation of all permanent regulations adopted by all state agencies 108
151151 subsequent to October 27, 1970, organized by title number, subtitle 109
152152 number and section number. 110
153153 Sec. 3. (NEW) (Effective October 1, 2020) (a) For the purposes of this 111
154154 section, "landlord" and "tenant" have the same meanings as provided in 112
155155 section 47a-1 of the general statutes, "housing authority" has the same 113
156156 meaning as provided in section 8-39 of the general statutes, "shelter" has 114
157157 the same meaning as "temporary shelter" in section 10-253 of the general 115
158158 statutes and "low-income" has the same meaning as provided in section 116
159159 47-300 of the general statutes. Prior to or concomitant with the posting 117
160160 of a notice pursuant to section 4-168 of the general statutes, as amended 118
161161 by this act, each agency shall prepare a housing impact and regulatory 119
162162 flexibility analysis in which the agency shall identify: 120
163163 (1) The types of housing potentially affected by the proposed 121
164164 regulation; 122
165165 (2) Whether housing authorities, shelters, landlords, other housing 123
166166 providers, low-income residential property owners or tenants, in order 124
167167 to comply with the proposed regulation, may be required to: (A) Create, 125
168168 file or issue additional reports; (B) implement additional recordkeeping 126
169169 procedures; (C) provide additional administrative oversight; (D) hire 127
170170 additional employees; (E) hire or contract with additional professionals, 128
171171 including, but not limited to, lawyers, accountants, engineers, auditors 129
172172 or inspectors; (F) purchase any product or make any capital investment; 130
173173 (G) conduct additional training, audits or inspections; or (H) pay 131
174174 additional taxes or fees; 132
175175 (3) Whether and to what extent the agency communicated with 133
176176 housing authorities, shelters, landlords, other housing providers, low-134
177177 income residential property owners or tenants in developing the 135
178178 proposed regulation and the regulatory flexibility analysis, if applicable; 136 Raised Bill No. 105
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184184 (4) Whether and to what extent the proposed regulation provides 137
185185 alternative compliance methods for housing authorities, shelters, 138
186186 landlords, other housing providers, low-income residential property 139
187187 owners or tenants that will accomplish the objectives of applicable 140
188188 statutes while minimizing any adverse impact on housing. Such 141
189189 methods shall be consistent with public health, safety and welfare and 142
190190 may include, but not be limited to: 143
191191 (A) The establishment of less stringent compliance or reporting 144
192192 requirements for housing authorities, shelters, landlords, other housing 145
193193 providers, low-income residential property owners or tenants; 146
194194 (B) The establishment of less stringent schedules or deadlines for 147
195195 compliance or reporting requirements for housing authorities, shelters, 148
196196 landlords, other housing providers, low-income residential property 149
197197 owners or tenants; 150
198198 (C) The consolidation or simplification of compliance or reporting 151
199199 requirements for housing authorities, shelters, landlords, other housing 152
200200 providers, low-income residential property owners or tenants; 153
201201 (D) The establishment of performance standards for housing 154
202202 authorities, shelters, landlords, other housing providers or low-income 155
203203 residential property owners to replace design or operational standards 156
204204 required in the proposed regulation; and 157
205205 (E) The exemption of housing authorities, shelters, landlords, other 158
206206 housing providers, low-income residential property owners or tenants 159
207207 from all or any part of the requirements contained in the proposed 160
208208 regulation. 161
209209 (c) Prior to the adoption of any proposed regulation that may have 162
210210 an adverse impact on housing authorities, shelters, landlords, other 163
211211 housing providers, low-income residential property owners or tenants, 164
212212 each agency shall notify the Department of Housing and the joint 165
213213 standing committee of the General Assembly having cognizance of 166
214214 matters relating to housing of its intent to adopt the proposed 167 Raised Bill No. 105
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220220 regulation. Said department and committee shall advise and assist 168
221221 agencies in complying with the provisions of this section. 169
222222 (d) The requirements contained in this section shall not apply to 170
223223 emergency regulations issued pursuant to subsection (g) of section 4-171
224224 168 of the general statutes; regulations that do not affect housing 172
225225 authorities, shelters, landlords, other housing providers or tenants 173
226226 directly, including, but not limited to, regulations concerning the 174
227227 administration of federal programs. 175
228228 Sec. 4. Subsection (a) of section 4-168 of the general statutes is 176
229229 repealed and the following is substituted in lieu thereof (Effective October 177
230230 1, 2020): 178
231231 (a) Except as provided in subsections (g) and (h) of this section, an 179
232232 agency, not less than thirty days prior to adopting a proposed 180
233233 regulation, shall (1) post a notice of its intended action on the 181
234234 eRegulations System, which notice shall include (A) a specified public 182
235235 comment period of not less than thirty days, (B) a description 183
236236 sufficiently detailed so as to apprise persons likely to be affected of the 184
237237 issues and subjects involved in the proposed regulation, (C) a statement 185
238238 of the purposes for which the regulation is proposed, (D) a reference to 186
239239 the statutory authority for the proposed regulation, (E) when, where 187
240240 and how interested persons may obtain a copy of the small business 188
241241 impact and regulatory flexibility analysis required pursuant to section 189
242242 4-168a or the housing impact and regulatory flexibility analysis required 190
243243 pursuant to section 3 of this act, and (F) when, where and how interested 191
244244 persons may present their views on the proposed regulation; (2) post a 192
245245 copy of the proposed regulation on the eRegulations System; (3) give 193
246246 notice electronically to each joint standing committee of the General 194
247247 Assembly having cognizance of the subject matter of the proposed 195
248248 regulation; (4) prior to January 1, 2017, give notice electronically or 196
249249 provide a paper copy notice, if requested, to all persons who have made 197
250250 requests to the agency for advance notice of its regulation-making 198
251251 proceedings; (5) provide a paper copy or electronic version of the 199
252252 proposed regulation to persons requesting it; and (6) prepare a fiscal 200 Raised Bill No. 105
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258258 note, including an estimate of the cost or of the revenue impact (A) on 201
259259 the state or any municipality of the state, and (B) on small businesses in 202
260260 the state, including an estimate of the number of small businesses 203
261261 subject to the proposed regulation and the projected costs, including, 204
262262 but not limited to, reporting, recordkeeping and administrative, 205
263263 associated with compliance with the proposed regulation and, if 206
264264 applicable, the regulatory flexibility analysis prepared under section 4-207
265265 168a. The governing body of any municipality, if requested, shall 208
266266 provide the agency, within twenty working days, with any information 209
267267 that may be necessary for analysis in preparation of such fiscal note. On 210
268268 and after January 1, 2017, each such agency shall mail a paper copy of 211
269269 the notice posted pursuant to subdivision (1) of this subsection, not later 212
270270 than five days after posting such notice, to any person who has 213
271271 requested advance notice of the agency's regulation -making 214
272272 proceedings on or after October 1, 2016. 215
273273 Sec. 5. Subsection (b) of section 4-168b of the general statutes is 216
274274 repealed and the following is substituted in lieu thereof (Effective October 217
275275 1, 2020): 218
276276 (b) The regulation-making record shall contain at least: (1) The 219
277277 agency's notice of intent to adopt regulations; (2) any written analysis 220
278278 prepared for the proceeding upon which the regulation is based, 221
279279 including the regulatory flexibility analysis required pursuant to section 222
280280 4-168a or section 3 of this act, if applicable; (3) all comments submitted 223
281281 on the proposed regulation; (4) the official transcript, if any, of 224
282282 proceedings upon which the regulation is based or, if not transcribed, 225
283283 any audio recording or stenographic record of such proceedings, and 226
284284 any memoranda prepared by any member or employee of the agency 227
285285 summarizing the contents of the proceedings; (5) all official documents 228
286286 relating to the regulation, including the regulation submitted to the 229
287287 office of the Secretary of the State in accordance with section 4-172, a 230
288288 statement of the principal considerations in opposition to the agency's 231
289289 action, and the agency's reasons for rejecting such considerations, as 232
290290 required pursuant to section 4-168, as amended by this act, and the fiscal 233
291291 note prepared pursuant to subsection (a) of section 4-168, as amended 234 Raised Bill No. 105
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297297 by this act, and section 4-170, as amended by this act; (6) any petition for 235
298298 the regulation filed pursuant to section 4-174; and (7) all comments or 236
299299 communications between the agency and the legislative regulation 237
300300 review committee. No audio recording of a hearing held pursuant to 238
301301 section 4-168, as amended by this act, shall be posted on the 239
302302 eRegulations System unless the Secretary of the State confirms that such 240
303303 posting will not constitute a violation of any state or federal law 241
304304 regarding accessibility for persons with disabilities. Any audio 242
305305 recording of a hearing held pursuant to section 4-168, as amended by 243
306306 this act, that is not posted on the eRegulations System shall be 244
307307 maintained by the agency and made available to the public upon 245
308308 request. If an agency determines that any part of the regulation-making 246
309309 record is impractical to display or is inappropriate for public display on 247
310310 the eRegulations System, the agency shall describe the part omitted in a 248
311311 statement posted on the eRegulations System and shall maintain a copy 249
312312 of the omitted material readily available for public inspection at the 250
313313 principal office of the agency. 251
314314 Sec. 6. Subdivision (1) of subsection (b) of section 4-170 of the general 252
315315 statutes is repealed and the following is substituted in lieu thereof 253
316316 (Effective October 1, 2020): 254
317317 (b) (1) No adoption, amendment or repeal of any regulation, except a 255
318318 regulation issued pursuant to subsection (g) of section 4-168, shall be 256
319319 effective until (A) an electronic copy of the proposed regulation 257
320320 approved by the Attorney General, as provided in section 4-169, and an 258
321321 electronic copy of the regulatory flexibility analysis as provided in 259
322322 section 4-168a and section 3 of this act are submitted to the standing 260
323323 legislative regulation review committee in a manner designated by the 261
324324 committee, by the agency proposing the regulation, (B) the regulation is 262
325325 approved by the committee, at a regular meeting or a special meeting 263
326326 called for the purpose, and (C) a certified electronic copy of the 264
327327 regulation is submitted to the office of the Secretary of the State by the 265
328328 agency, as provided in section 4-172, and the regulation is posted on the 266
329329 eRegulations System by the Secretary. (2) The date of submission for 267
330330 purposes of subsection (c) of this section shall be the first Tuesday of 268 Raised Bill No. 105
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336336 each month. Any regulation received by the committee on or before the 269
337337 first Tuesday of a month shall be deemed to have been submitted on the 270
338338 first Tuesday of that month. Any regulation submitted after the first 271
339339 Tuesday of a month shall be deemed to be submitted on the first 272
340340 Tuesday of the next succeeding month. (3) The form of proposed 273
341341 regulations which are submitted to the committee shall be as follows: 274
342342 New language added to an existing regulation shall be underlined; 275
343343 language to be deleted shall be enclosed in brackets and a new 276
344344 regulation or new section of a regulation shall be preceded by the word 277
345345 "(NEW)" in capital letters. Each proposed regulation shall have a 278
346346 statement of its purpose following the final section of the regulation. (4) 279
347347 The committee may permit any proposed regulation, including, but not 280
348348 limited to, a proposed regulation which by reference incorporates in 281
349349 whole or in part, any other code, rule, regulation, standard or 282
350350 specification, to be submitted in summary form together with a 283
351351 statement of purpose for the proposed regulation. On and after October 284
352352 1, 1994, if the committee finds that a federal statute requires, as a 285
353353 condition of the state exercising regulatory authority, that a Connecticut 286
354354 regulation at all times must be identical to a federal statute or regulation, 287
355355 then the committee may approve a Connecticut regulation that by 288
356356 reference specifically incorporates future amendments to such federal 289
357357 statute or regulation provided the agency that proposed the Connecticut 290
358358 regulation shall submit for approval amendments to such Connecticut 291
359359 regulations to the committee not later than thirty days after the effective 292
360360 date of such amendment, and provided further the committee may hold 293
361361 a public hearing on such Connecticut amendments. (5) The agency shall 294
362362 also provide the committee with a copy of the fiscal note prepared 295
363363 pursuant to subsection (a) of section 4-168, as amended by this act. At 296
364364 the time of submission to the committee, the agency shall submit an 297
365365 electronic copy of the proposed regulation and the fiscal note to (A) the 298
366366 Office of Fiscal Analysis which, not later than seven days after receipt, 299
367367 shall submit an analysis of the fiscal note to the committee; and (B) each 300
368368 joint standing committee of the General Assembly having cognizance of 301
369369 the subject matter of the proposed regulation. No regulation shall be 302
370370 found invalid due to the failure of an agency to submit an electronic 303 Raised Bill No. 105
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376376 copy of the proposed regulation and the fiscal note to each committee of 304
377377 cognizance, provided such regulation and fiscal note have been 305
378378 electronically submitted to one such committee. 306
379379 Sec. 7. Subsection (c) of section 29-252b of the general statutes is 307
380380 repealed and the following is substituted in lieu thereof (Effective October 308
381381 1, 2020): 309
382382 (c) Prior to the adoption of the State Building Code and any 310
383383 amendments thereto, the State Building Inspector shall (1) post any 311
384384 proposed code, a statement of purpose for which the proposed code is 312
385385 proposed, a fiscal note associated with compliance with the proposed 313
386386 code prepared pursuant to section 4-168, as amended by this act, and [a] 314
387387 the regulatory flexibility [analysis] analyses prepared pursuant to 315
388388 section 4-168a and section 3 of this act on the Internet web site of the 316
389389 Department of Administrative Services, (2) give notice electronically to 317
390390 the joint standing committee of the General Assembly having 318
391391 cognizance of matters relating to public safety and security, (3) give 319
392392 notice to any person who has requested the State Building Inspector for 320
393393 advance notice of its proposed code adoption proceedings, (4) provide 321
394394 for a public comment period of forty-five days following the posting of 322
395395 such proposed code, fiscal note and regulatory flexibility analysis, and 323
396396 (5) hold a public hearing on the proposed code not less than twenty nor 324
397397 more than thirty-five days after such posting. 325
398398 Sec. 8. Subsection (c) of section 29-291e of the general statutes is 326
399399 repealed and the following is substituted in lieu thereof (Effective October 327
400400 1, 2020): 328
401401 (c) Prior to the adoption of the State Fire Prevention Code and any 329
402402 amendments thereto, the State Fire Marshal shall (1) post any proposed 330
403403 code, a statement of purpose for which the proposed code is proposed, 331
404404 a fiscal note associated with compliance with the proposed code 332
405405 prepared pursuant to section 4-168, as amended by this act, and [a] the 333
406406 regulatory flexibility [analysis] analyses prepared pursuant to section 4-334
407407 168a and section 3 of this act on the Internet web site of the Department 335 Raised Bill No. 105
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413413 of Administrative Services, (2) give notice electronically to the joint 336
414414 standing committee of the General Assembly having cognizance of 337
415415 matters relating to public safety and security, (3) give notice to any 338
416416 person who has requested the State Fire Marshal for advance notice of 339
417417 the proposed code adoption proceedings, (4) provide for a public 340
418418 comment period of forty-five days following the posting of such 341
419419 proposed code, fiscal note and regulatory flexibility analysis, and (5) 342
420420 hold a public hearing on the proposed code not less than twenty nor 343
421421 more than thirty-five days after such posting. 344
422422 Sec. 9. Subsection (c) of section 29-292a of the general statutes is 345
423423 repealed and the following is substituted in lieu thereof (Effective October 346
424424 1, 2020): 347
425425 (c) Prior to the adoption of the Fire Safety Code and any amendments 348
426426 thereto, the State Fire Marshal shall (1) post any proposed code, a 349
427427 statement of purpose for which the proposed code is proposed, a fiscal 350
428428 note associated with compliance with the proposed code prepared 351
429429 pursuant to section 4-168, as amended by this act, and [a] the regulatory 352
430430 flexibility [analysis] analyses prepared pursuant to section 4-168a and 353
431431 section 3 of this act on the Internet web site of the Department of 354
432432 Administrative Services, (2) give notice electronically to the joint 355
433433 standing committee of the General Assembly having cognizance of 356
434434 matters relating to public safety and security, (3) give notice to any 357
435435 person who has requested the State Fire Marshal for advance notice of 358
436436 the proposed code adoption proceedings, (4) provide for a public 359
437437 comment period of forty-five days following the posting of such 360
438438 proposed code, fiscal note and regulatory flexibility analysis, and (5) 361
439439 hold a public hearing on the proposed code not less than twenty nor 362
440440 more than thirty-five days after such posting. 363
441441 Sec. 10. (Effective from passage) The Secretary of the Office of Policy 364
442442 and Management shall create a standard form for agencies to use when 365
443443 preparing a housing impact and regulatory flexibility analysis pursuant 366
444444 to section 3 of this act. 367 Raised Bill No. 105
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450450 This act shall take effect as follows and shall amend the following
451451 sections:
452452
453453 Section 1 October 1, 2020 New section
454454 Sec. 2 October 1, 2020 4-166
455455 Sec. 3 October 1, 2020 New section
456456 Sec. 4 October 1, 2020 4-168(a)
457457 Sec. 5 October 1, 2020 4-168b(b)
458458 Sec. 6 October 1, 2020 4-170(b)(1)
459459 Sec. 7 October 1, 2020 29-252b(c)
460460 Sec. 8 October 1, 2020 29-291e(c)
461461 Sec. 9 October 1, 2020 29-292a(c)
462462 Sec. 10 from passage New section
463463
464464 Statement of Purpose:
465465 To establish a right to housing for all residents of the state.
466466 [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
467467 that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
468468 underlined.]
469469