Researcher: JSB Page 1 5/24/21
OLR Bill Analysis
sHB 6107 (as amended by House "A")*
AN ACT CONCERNING THE REORGANIZATION OF THE ZONING
ENABLING ACT AND THE PROMOTION OF MUNICIPAL
COMPLIANCE.
TABLE OF CONTENTS:
§§ 1, 6, 7 & 10 — AS OF RIGHT ACCESSORY APARTMENTS
Requires municipalities that zone under CGS § 8-2 to adopt or amend regulations to allow
ADUs as of right on the same lot as single-family homes unless they follow the bill’s opt-
out process; specifies that these units will not count toward a municipality’s base housing
stock calculation for purposes of the Affordable Housing Land Use Appeals Procedure
(CGS § 8-30g); modifies the definition of ADU for purposes of the appeals procedure;
specifies the addition of an ADU on a lot does not make the sewerage system a
“community sewerage system”
§ 2 — APPLICATION AND TECHNICAL CONSULTANT FEE S
Limits municipal authority to charge disproportionality higher land use application fees
for larger residential projects; authorizes municipalities to charge technical consultant
fees
§§ 3 & 4 — CGS § 8-2: REORGANIZATION AND MINOR CHANGES
Reorganizes the Zoning Enabling Act (CGS § 8-2, which applies to municipalities
exercising zoning powers under the statutes) and makes minor, technical, and conforming
changes
§ 4 — CGS § 8-2: REQUIRED GOALS AND CONSIDERATIONS
Eliminates a requirement that zoning regulations be (1) designed to prevent overcrowding
and undue population concentration and (2) made with reasonable consideration as to the
“character” of a district; requires regulations provide for varied housing opportunities
and affirmatively further the purposes of the federal Fair Housing Act; requires
regulations to be designed to protect historic, tribal, cultural, and environmental
resources
§§ 4 & 5 — CGS § 8-2: PROHIBITED PROVISIONS
Prohibits regulations from (1) prohibiting cottage food operations in a residential zone or
(2) establishing minimum floor area requirements for buildings; limits local authority to
(1) require the provision of parking spaces or (2) place a cap on the number of dwellings
in multifamily, middle, or mixed-use developments
§ 4 — CGS § 8-2: OPTIONS FOR PROMOTING CONSERVATION
Expands the energy conservation tools and renewable energy types a municipality can
require or promote
§ 4 — CGS § 8-2: REGULATING MOBILE MANUFACTURED HOMES 2021HB-06107-R010716-BA.DOCX
Researcher: JSB Page 2 5/24/21
Prohibits regulations from imposing on mobile manufactured homes and associated lots
conditions that are substantially different from those imposed on other residential
developments
§ 8 — ZONING ENFORCEMENT O FFICER CERTIFICATION
Beginning January 1, 2023, requires all appointed ZEOs to obtain and maintain
certification from the state’s professional ZEO association
§ 9 — BIENNIAL TRAINING FOR CERTAIN LAND USE OFFICIALS
Requires local planning and zoning officials to complete at least four hours of training
biennially
§ 11 — WATER POLLUTION CONT ROL PLANS
Allows WPCAs to add information about sewer system capacity for certain areas to
municipal water pollution control plans
§ 12 — AFFORDABLE HOUSING P LANNING REQUIREMENT
Specifies that municipalities must prepare and adopt their first plans by June 1, 2022;
requires plans to be submitted to OPM
§ 13 — COMMISSION ON CONNEC TICUT’S DEVELOPMENT AND
FUTURE
Establishes a commission within the Legislative Department to evaluate policies related to
land use, conservation, housing affordability, and infrastructure
BACKGROUND
Information on the Affordable Housing Land Use Appeals Procedure and related bills
*House Amendment “A” strikes the underlying bill and replaces it
with some provisions that are similar to those in the original bill, with
regard to certain changes to the Zoning Enabling Act and affordable
housing planning requirement; makes other changes to the Zoning
Enabling Act that were not in the underlying bill; and adds the
provisions related to accessory apartments, technical consultant fees,
zoning enforcement officer certification, biennial training for certain
land use officials, water pollution control plans, and the Commission
on Connecticut’s Development and Future.
§§ 1, 6, 7 & 10 — AS OF RIGHT ACCESSOR Y APARTMENTS
Requires municipalities that zone under CGS § 8-2 to adopt or amend regulations to
allow ADUs as of right on the same lot as single-family homes unless they follow the bill’s
opt-out process; specifies that these units will not count toward a municipality’s base
housing stock calculation for purposes of the Affordable Housing Land Use Appeals
Procedure (CGS § 8-30g); modifies the definition of ADU for purposes of the appeals
procedure; specifies the addition of an ADU on a lot does not make the sewerage system a
“community sewerage system”
Definitions 2021HB-06107-R010716-BA.DOCX
Researcher: JSB Page 3 5/24/21
Under the bill, an “accessory apartment” (also referred to as an
accessory dwelling unit or “ADU”) means a separate dwelling unit
that (1) is located on the same lot as a principal dwelling unit of greater
square footage; (2) has cooking facilities; and (3) complies with or is
otherwise exempt from any applicable building code, fire code, and
health and safety regulations.
The bill specifies that “as of right” means able to be approved
without requiring a public hearing; a variance, special permit, or
special exception; or other discretionary zoning action, other than a
determination that a site plan conforms with applicable zoning
regulations.
Regulation Adoption Requirement
The bill requires municipalities that exercise powers under CGS § 8-
2 (the Zoning Enabling Act) to adopt regulations (1) allowing one ADU
as of right on each lot that contains a single-family dwelling and (2)
designating other areas where ADUs are allowed. But bill also creates
an opt-out process, as described below.
The bill specifies that municipalities cannot require as of right ADUs
sharing a lot with a single-family home to be preserved for lower-
income families.
If a municipality does not opt-out, the bill requires it to amend or
adopt ADU zoning regulations by January 1, 2023, and specifies that
those that do not must review ADU permit applications in accordance
with the bill’s regulation requirements until the regulations are
amended or adopted. A municipality may not use or impose
additional standards beyond those set forth in the bill. The bill deems
noncompliant regulations to be null and void.
Opt-Out Process
Until January 1, 2023, the bill allows municipalities, by a two-thirds
vote of their zoning commission or combined planning and zoning
commission, to opt out of the bill's as of right ADU provisions. To do
so, the municipality's zoning or combined planning and zoning 2021HB-06107-R010716-BA.DOCX
Researcher: JSB Page 4 5/24/21
commission must:
1. first hold a public hearing on the proposed opt-out, subject to
the standard notice and timeframes for such hearings;
2. affirmatively decide to opt out within the statutory time limit
(generally within 65 days of the hearing's completion);
3. state in the record the reasons for its decision; and
4. publish notice of the decision within 15 days in a newspaper
that has substantial circulation in the municipality.
The bill requires the opt-out to be confirmed by a two-thirds vote of
the municipal legislative body (or if it is a town meeting, the board of
selectmen).
As of Right Permitting
The bill requires regulations to establish an as of right permit
application and review process for ADUs. The process must require
the zoning or planning and zoning commission to decide within 65
days after application unless an applicant approves an extension or
extensions of up to 65 days total or withdraws the application.
Under the bill, municipalities cannot condition ADU approval on
the correction of a nonconforming use, structure, or lot or require fire
sprinklers unless they are also required in the principal dwelling or by
the fire code.
Regulation Contents
Under the bill, the ADU zoning regulations must:
1. allow attached and detached ADUs and ADUs contained within
the principal dwelling unit;
2. set a maximum net floor area for ADUs that is the lesser of (a) at
least 30% of the principal dwelling’s net floor area or (b) 1,000
square feet (but regulations may allow a larger net floor area for
ADUs); 2021HB-06107-R010716-BA.DOCX
Researcher: JSB Page 5 5/24/21
3. require setbacks, lot size, and building frontage less than or
equal to that which is required for the principal dwelling;
4. require lot coverage greater than or equal to that which is
required for the principal dwelling; and
5. provide for height, landscaping, and architectural design
standards that do not exceed standards applied to single-family
dwellings in the municipality.
Regulations cannot require:
1. a passageway between the ADU and principal dwelling;
2. an exterior door for an ADU, except as required by the
applicable building or fire code;
3. more than one parking space for the ADU or fees in lieu of
parking;
4. a familial, marital, or employment relationship between the
principal dwelling unit’s occupants and the ADU’s occupants;
5. a minimum age for ADU occupants;
6. separate billing of utilities otherwise connected to, or used by,
the principal dwelling unit; or
7. periodic ADU permit renewal.
The bill further specifies that it does not supersede applicable
building code requirements or other requirements where a well or
private sewerage system is being used, so long as approval for any
such accessory apartment shall not be unreasonably withheld.
Additionally, the bill prohibits municipalities, special districts, and
sewer or water authorities from (1) considering an ADU to be a new
residential use for the purposes of calculating connection fees or
capacity charges for utilities, including water and sewer service, unless
the ADU was constructed with a new single-family dwelling on the 2021HB-06107-R010716-BA.DOCX
Researcher: JSB Page 6 5/24/21
same lot or (2) requiring the installation of a new or separate utility
connection directly to an ADU or imposing a related connection fee or
capacity charge.
Under current law, a community sewer system is generally a sewer
system service for at least two residences in separate structures that is
not connected to a municipal sewer system. The bill specifies that a
“community sewerage system” does not include a system serving only
a principal dwelling and ADU located on the same lot.
The bill does not prevent municipalities from prohibiting or limiting
the use of ADUs for short-term rentals or vacation stays.
Housing Stock Calculation Under CGS § 8-30g
By law, the Department of Housing (DOH) must promulgate
annually a list identifying the housing stock in each municipality that
qualifies as affordable housing under the Affordable Housing Land
Use Appeals Procedure (see BACKGROUND). The list, based on
Census data, provides this information as a percentage of the total
housing stock in the municipality (CGS §§ 8 -30g(k) & 8-
37qqq(a)(2)(D)). The bill specifies that ADUs built or permitted after
January 1, 2022, but are not subject to deed restrictions that qualify
them as affordable housing, will not increase a municipality’s base
(market-rate) housing stock calculation. Thus, as of right ADUs will
not increase the amount of affordable housing that a municipality
must have to obtain or maintain an exemption or moratorium from the
procedure. (Presumably, municipalities will provide DOH with
information on ADUs to be excluded from the base housing stock
calculation.)
The bill also aligns the definition of “accessory apartment” under
the appeals procedure with bill’s definition of ADU.
EFFECTIVE DATE: January 1, 2022 for the main ADU provisions (§
6) and October 1, 2021, for the conforming changes (§§ 1, 7 & 10).
§ 2 — APPLICATION AND TECH NICAL CONSULTANT FEE S 2021HB-06107-R010716-BA.DOCX
Researcher: JSB Page 7 5/24/21
Limits municipal authority to charge disproportionality higher land use application fees
for larger residential projects; authorizes municipalities to charge technical consultant fees
Current law allows municipalities to set by ordinance reasonable
fees for processing applications submitted to the planning, zoning, or
planning and zoning commission; the zoning board of appeals; or
inland wetlands commission. The bill prohibits adopting a fee
schedule that imposes higher fees on developments built following an
appeal brought under the Affordable Housing Land Use Appeals
Procedure (CGS § 8-30g). It also prohibits using a fee schedule
charging more because a residential building has more than four units,
including higher fees per unit, per square footage, or per unit of
construction cost.
The bill additionally allows municipalities to adopt regulations
establishing reasonable technical consultant fees for applications made
to the abovementioned boards and commissions. The fees must be
used to pay consultants who have expertise in land use to review
particular technical aspects of an application (e.g., traffic or
stormwater) for the benefit of the commission or board.
The fees must be accounted for separately and may only be used for
technical review costs. The fees cannot be used to pay a consultant
who is a salaried employee of the municipality, commission, or board.
Leftover amounts, including any interest accrued, must be returned to
the applicant within 45 days after the review is complete.
EFFECTIVE DATE: October 1, 2021
§§ 3 & 4 — CGS § 8-2: REORGANIZATION AND MINOR CHANGES
Reorganizes the Zoning Enabling Act (CGS § 8-2, which applies to municipalities
exercising zoning powers under the statutes) and makes minor, technical, and conforming
changes
The bill makes various minor, technical, and conforming changes to
the Zoning Enabling Act, which applies to municipalities that exercise
zoning powers under the statutes (as opposed to a special act).
Among these, the bill specifies that when a municipality is
contiguous to, or on a navigable waterway that drains to, Long Island 2021HB-06107-R010716-BA.DOCX
Researcher: JSB Page 8 5/24/21
Sound, its regulations must consider a proposed development’s
environmental impact on Long Island Sound’s “coastal resources” (as
defined in the Coastal Management Act), rather than impacts on Long
Island Sound generally. By law, “coastal resources” means coastal
waters and their natural resources, related marine and wildlife habitat,
and adjacent shorelands (CGS § 22a-93).
The bill specifically authorizes municipalities to use a vehicle’s
miles traveled and vehicle trips generated standard instead of, or in
addition to, a “level of service” traffic calculation when assessing (1) a
proposed development’s anticipated traffic impact and (2) potential
mitigation strategies such as reducing the amount of required parking
for a development or requiring public sidewalks, crosswalks, bicycle
paths, bicycle racks, or bus shelters (including off-site).
The bill specifies that regulations may provide for floating zones,
overlay zones, and planned development districts. (Connecticut courts
have held that CGS § 8-2 implicitly grants municipalities the power to
use these techniques.)
The bill also makes technical and conforming changes to the
temporary health care structure law (§ 3).
EFFECTIVE DATE: October 1, 2021
§ 4 — CGS § 8-2: REQUIRED GOALS AND CONSIDERATIONS
Eliminates a requirement that zoning regulations be (1) designed to prevent overcrowding
and undue population concentration and (2) made with reasonable consideration as to the
“character” of a district; requires regulations provide for varied housing opportunities and
affirmatively further the purposes of the federal Fair Housing Act; requires regulations to
be designed to protect historic, tribal, cultural, and environmental resources
Required Goals
The bill eliminates the requirement that zoning regulations be
designed to prevent the overcrowding of land and avoid undue
concentration of population.
The bill requires that regulations be designed to do the following:
1. protect the state’s historic, tribal, cultural, and environmental 2021HB-06107-R010716-BA.DOCX
Researcher: JSB Page 9 5/24/21
resources;
2. consider the impact of permitted land uses on contiguous
municipalities and the planning region;
3. address significant disparities in housing needs and access to
educational, occupational, and other opportunities;
4. affirmatively further the purposes of the federal Fair Housing
Act; and
5. promote efficient review of proposals and applications.
Consideration of Character
Current law requires that zoning regulations be made with (1)
reasonable consideration as to the character of the district and its
peculiar suitability for particular uses and (2) a view toward
conserving the buildings’ value and encouraging the most appropriate
use of land throughout a municipality. The bill instead requires that
regulations be drafted with reasonable consideration as to the physical
site characteristics of the district with a view toward encouraging the
most appropriate use of land throughout a municipality.
The bill also specifies that regulations cannot be applied to deny a
land use application (including site plans, special permits or
exceptions, or other zoning approval) based upon:
1. a district’s character unless the character is expressly articulated
in regulations with clear and explicit physical standards for site
work and structures or
2. the immutable characteristics, source of income, or income level
of an applicant or end user (other than age or disability, in the
case of age-restricted or disability-restricted housing).
Providing Housing Opportunities
In addition to the housing-related provisions above, the bill requires
zoning regulations to provide for, rather than encourage, the
development of housing opportunities for all residents of the 2021HB-06107-R010716-BA.DOCX
Researcher: JSB Page 10 5/24/21
municipality and local planning region, including opportunities for
multifamily dwellings, consistent with soil types, terrain, and
infrastructure capacity.
The bill requires zoning regulations to expressly allow, rather than
encourage, housing that meets the needs identified in the state’s
Consolidated Plan for Housing and Community Development and
Plan of Conservation and Development.
EFFECTIVE DATE: October 1, 2021
§§ 4 & 5 — CGS § 8-2: PROHIBITED PROVISIONS
Prohibits regulations from (1) prohibiting cottage food operations in a residential zone or
(2) establishing minimum floor area requirements for buildings; limits local authority to
(1) require the provision of parking spaces or (2) place a cap on the number of dwellings in
multifamily, middle, or mixed-use developments
The bill prohibits zoning regulations from:
1. prohibiting cottage food operations (i.e., operations in which
food products are prepared in a private residential dwelling’s
home kitchen and for sale directly to the consumer) in a
residential zone;
2. establishing minimum floor area requirements for buildings
that are greater than those required under applicable building,
housing, or other code; or
3. placing a fixed numerical or percentage cap on the number of
dwelling units permitted in multifamily housing over four
units, middle housing, or mixed-use developments.
Under the bill, “middle housing” refers to duplexes, triplexes,
quadplexes, cottage clusters, and townhouses. A “cottage cluster” is a
grouping of at least four detached housing units or live work units, per
acre, that are located around a common open area. (The bill does not
define live work unit.) A “mixed-use development” is a development
containing residential and nonresidential uses in a single building. A
“townhouse” is a residential building constructed in a grouping of
three or more attached units, each of which shares at least one 2021HB-06107-R010716-BA.DOCX
Researcher: JSB Page 11 5/24/21
common wall with an adjacent unit and has exterior walls on at least
two sides.
The bill also prohibits regulations from requiring more than one
parking space for each studio or one-bedroom dwelling unit or more
than two parking spaces for each dwelling unit with two or more
bedrooms unless the municipality opts out.
The bill allows municipalities, by a two-thirds vote of their zoning
commission or combined planning and zoning commission, to opt out
of the bill's parking provision. To do so, the municipality's zoning or
combined planning and zoning commission must:
1. first hold a public hearing on the proposed opt-out, subject to
the standard notice and timeframes for such hearings;
2. affirmatively decide to opt out within the statutory time limit
(generally within 65 days of the hearing's completion);
3. state in the record the reasons for its decision; and
4. publish notice of the decision within 15 days in a newspaper
that has substantial circulation in the municipality.
The bill requires the opt-out to be confirmed by a two-thirds vote of
the municipal legislative body (or, if it is a town meeting, the board of
selectmen).
EFFECTIVE DATE: October 1, 2021
§ 4 — CGS § 8-2: OPTIONS FOR PROMO TING CONSERVATION
Expands the energy conservation tools and renewable energy types a municipality can
require or promote
Current law allows zoning regulations to encourage the use of
certain energy conservation tools, including solar. The bill instead
allows the regulations to require or promote these and expands them
to include distributed generation or freestanding wind and combined
heat and power. 2021HB-06107-R010716-BA.DOCX
Researcher: JSB Page 12 5/24/21
The bill also expands the conservation tools that municipalities can
incentivize developers’ use of to include any solar and other renewable
forms of energy; combined heat and power; water conservation,
including demand offsets; and other energy conservation techniques.
EFFECTIVE DATE: October 1, 2021
§ 4 — CGS § 8-2: REGULATING MOBILE MANUFACTURED
HOMES
Prohibits regulations from imposing on mobile manufactured homes and associated lots
conditions that are substantially different from those imposed on other residential
developments
The bill prohibits zoning regulations adopted pursuant to CGS § 8-2
from imposing on manufactured homes, including mobile homes, built
to federal standards and with a narrowest dimension of 22 feet or
more, and associated lots and parks, conditions that are substantially
different from those imposed on (1) single-family dwellings and
associated lots; (2) multifamily dwellings; or (3) lots with multifamily
dwellings, cluster developments, or planned unit developments.
Under current law, manufactured homes and lots cannot be treated
substantially differently from single-family dwellings and lots with
single-family dwellings. Additionally, manufactured home
developments cannot be treated substantially differently from
multifamily dwellings or lots with multifamily dwellings, cluster
developments, or planned unit developments. The bill removes
references to manufactured home developments.
EFFECTIVE DATE: October 1, 2021
§ 8 — ZONING ENFORCEMENT O FFICER CERTIFICATION
Beginning January 1, 2023, requires all appointed ZEOs to obtain and maintain
certification from the state’s professional ZEO association
Beginning January 1, 2023, and annually thereafter, the bill requires
zoning enforcement officers (ZEOs) to obtain certification from the
Connecticut Association of ZEOs. The requirement applies to existing
employees and to newly appointed ZEOs working in municipalities
that exercise zoning authority under the statutes. The bill requires
ZEOs to maintain certification for the duration of their employment as 2021HB-06107-R010716-BA.DOCX
Researcher: JSB Page 13 5/24/21
ZEOs. (It appears that the bill authorizes un-certified ZEOs to be
appointed, but it requires them to obtain certification as soon as
practicable. In practice, the Connecticut Association of ZEOs requires
an individual to have at least two years’ experience before it grants
certification, among other requirements.)
By law, each municipality decides how its zoning regulations are
enforced. In practice, the zoning or combined planning and zoning
commission may reserve the enforcement power to itself, or it may be
delegated to a ZEO. ZEOs may be responsible for (1) investigating
zoning violations and issuing cease and desist orders and (2)
reviewing and providing an advisory opinion on applications for
special permits, site plans, subdivisions, and variances.
EFFECTIVE DATE: October 1, 2021
§ 9 — BIENNIAL TRAINING FOR CERTAIN LAND USE OFFICIALS
Requires local planning and zoning officials to complete at least four hours of training
biennially
Beginning January 1, 2023, the bill requires each member of a local
planning commission, zoning commission, planning and zoning
commission, or zoning board of appeals, to complete at least four
hours of training biennially.
Members serving on a board or commission as of January 1, 2023,
must complete their initial training by January 1, 2024. Members not
serving on January 1, 2023, must complete the training within one year
after being elected or appointed to the board or commission.
The initial and subsequent training must include at least one hour
on affordable and fair housing. Training may also cover:
1. process and procedural matters, including the conduct of
effective meetings and public hearings and the Freedom of
Information Act;
2. the interpretation of site plans, surveys, maps, and architectural
conventions; and 2021HB-06107-R010716-BA.DOCX
Researcher: JSB Page 14 5/24/21
3. the impact of zoning on the environment, agriculture, and
historic resources.
By January 1, 2022, the bill requires the Office of Policy and
Management secretary to establish guidelines for the training in
collaboration with land use training providers, including the
Connecticut Association of Zoning Enforcement Officials, the
Connecticut Conference of Municipalities, the Connecticut Chapter of
the American Planning Association, the Land Use Academy at
UConn’s Center for Land Use Education and Research, the
Connecticut Bar Association, regional councils of governments, and
other nonprofit or educational institutions that provide land use
training. If the secretary fails to establish the guidelines, then land use
training providers may create and administer appropriate training.
The bill requires each board or commission, starting by March 1,
2024, to annually submit to its municipal legislative body (or board of
selectmen, if a town meeting) a statement affirming its members’
compliance with the bill’s training requirement.
EFFECTIVE DATE: Upon passage
§ 11 — WATER POLLUTION CONT ROL PLANS
Allows WPCAs to add information about sewer system capacity for certain areas to
municipal water pollution control plans
The bill allows municipal water pollution control authorities
(WPCAs) to delineate in the water pollution control plans they create
the specific capacity allocations to serve developable areas for
residential or mixed-use buildings with at least four dwelling units.
By law, these plans delineate areas such as those (1) served by the
municipal sewerage system, (2) where sewerage facilities are planned,
and (3) where sewers should be avoided. The plans also describe
municipal programs to avoid pollution problems and manage
subsurface sewage disposal.
EFFECTIVE DATE: October 1, 2021 2021HB-06107-R010716-BA.DOCX
Researcher: JSB Page 15 5/24/21
§ 12 — AFFORDABLE HOUSING P LANNING REQUIREMENT
Specifies that municipalities must prepare and adopt their first plans by June 1, 2022;
requires plans to be submitted to OPM
Existing law requires every municipality, at least once every five
years, to prepare or amend and adopt an affordable housing plan
specifying how the municipality will increase the number of affordable
housing developments in its jurisdiction. The bill specifies that
municipalities must prepare and adopt their first plans by June 1, 2022.
The bill also requires municipalities to post their draft plan or updates
online, even if they do not hold a public hearing on the draft plan or
updates. It eliminates a requirement that the draft plan or amendment
be filed with the town clerk.
The bill requires municipalities to submit their plans to OPM for
posting on its website. Under current law, if a municipality does not
comply with plan amendment deadlines, it must submit a letter to the
housing commissioner explaining why. The bill instead requires them
to submit the letter to OPM and, in providing this explanation, specify
a date by which the plan will be amended.
The bill also authorizes municipalities to submit their affordable
housing plans as part of their local plan of conservation and
development (POCD). Those doing so may submit their affordable
housing plan early in order to coincide with a POCD submission, so
long as their next submission is five years later. (POCDs are due only
every 10 years.)
EFFECTIVE DATE: Upon passage
§ 13 — COMMISSION ON CONNEC TICUT’S DEVELOPMENT AND
FUTURE
Establishes a commission within the Legislative Department to evaluate policies related to
land use, conservation, housing affordability, and infrastructure
The bill establishes a Commission on Connecticut's Development
and Future within the Legislative Department to evaluate policies
related to land use, conservation, housing affordability, and
infrastructure. 2021HB-06107-R010716-BA.DOCX
Researcher: JSB Page 16 5/24/21
The bill specifies the commission may accept administrative support
and technical and research assistance from outside organizations and
employees of the Joint Committee on Legislative Management. The co-
chairpersons may establish working groups consisting of commission
members and nonmembers and may designate a chairperson of each
working group.
Membership
The commission consists of the following members:
1. two appointed by the House speaker, one who is a legislator
and one who is a representative of a municipal advocacy
organization;
2. two appointed by the Senate president pro tempore, one who is
a legislator and one who has expertise in state or local planning;
3. two appointed by the House majority leader, one who has
expertise in state affordable housing policy and one who
represents a town with a population over 30,000 but less than
75,000;
4. two appointed by the Senate majority leader, one who has
expertise in zoning policy and one with expertise in community
development policy;
5. two appointed by the House minority leader, one who has
expertise in environmental policy and one who represents a
municipal advocacy organization;
6. two appointed by the Senate minority leader, one who
represents the Connecticut Association of Councils of
Governments and one with expertise in homebuilding;
7. two appointed by the governor, one who is an attorney with
expertise in planning and zoning and one who has expertise in
fair housing;
8. the chairs and ranking members of the Planning and 2021HB-06107-R010716-BA.DOCX
Researcher: JSB Page 17 5/24/21
Development, Environment, Housing, and Transportation
committees;
9. the administrative services, economic and community
development, energy and environmental protection, housing,
and transportation commissioners, or their designees; and
10. the OPM secretary.
The House speaker and Senate president pro tempore cannot
appoint as their legislative appointees a chair or ranking member of
the Planning and Development, Environment, Housing, or
Transportation committee. The bill requires appointing authorities, in
cooperation with one another, to make a good faith effort to ensure
that, to the extent possible, the commission’s membership closely
reflects Connecticut’s gender and racial diversity.
Members serve without compensation, except for necessary
expenses incurred in the performance of their duties. Appointing
authorities must fill any vacancy.
The House speaker and Senate president pro tempore must jointly
select one of their legislative appointments to serve as one of the
chairpersons. The OPM secretary serves as the other chairperson. The
chairpersons are responsible for scheduling the first commission
meeting.
Responsibilities
By January 1, 2022, and again by January 1, 2023, the commission
must submit a report to the planning and development, environment,
housing, and transportation committees and to the OPM secretary
regarding:
1. recommendations for statutory changes concerning the process
for developing, adopting, and implementing the state plan of
conservation and development and state’s consolidated plan for
housing and community development; 2021HB-06107-R010716-BA.DOCX
Researcher: JSB Page 18 5/24/21
2. recommendations for guidelines and incentives for compliance
with the law’s (a) affordable housing planning requirement (see
above, § 11) and (b) requirement under the Zoning Enabling Act
that zoning regulations provide opportunities for developing
varied housing opportunities, promote housing choice and
economic diversity in housing, and expressly allow for housing
to be developed that meets the needs identified in the state's
consolidated plan for housing and community development
and plan of conservation and development;
3. recommendations as to how such compliance should be
determined, as well as the form and manner in which evidence
of such compliance should be demonstrated;
4. (a) existing categories of discharge that constitute alternative
on-site sewage treatment systems, subsurface community
sewerage systems, and decentralized systems; (b) current
administrative jurisdiction to issue or deny permits and
approvals for such systems (with reference to daily capacities of
such systems); and (c) the potential impacts of increasing the
daily capacities of such systems, including changes in
administrative jurisdiction over such systems and the timeframe
for adopting regulations to implement these changes; and
5. development of (a) model design guidelines for both buildings
and context-appropriate streets that municipalities may adopt,
in whole or in part, as part of their zoning or subdivision
regulations as described below and (b) and implementation by
the regional councils of governments of an education and
training program for delivering the model design guidelines.
Under the bill, the report on model design guidelines must provide
guidelines that:
1. identify common architectural and site design features of
building types used throughout Connecticut;
2. create a catalogue of common building types, particularly those 2021HB-06107-R010716-BA.DOCX
Researcher: JSB Page 19 5/24/21
typically associated with housing;
3. establish reasonable and cost-effective design review standards
for approval of common building types, accounting for
topography, geology, climate change, and infrastructure
capacity;
4. establish procedures for expediting the approval of buildings or
streets that satisfy these design review standards, whether for
zoning or subdivision regulations; and
5. create a design manual for context-appropriate streets that
complements common building types.
The bill specifies that the provision requiring the commission to
provide recommendations for ensuring compliance with the state’s
affordable housing planning requirement should not be construed to
change municipalities’ obligation to adopt or amend their plans on-
time.
If the commission is unable to meet the first reporting deadline
(January 1, 2022), the co-chairpersons must request an extension from
the House speaker and Senate president pro tempore and shall submit
an interim report. The commission terminates when it submits its final
report, or January 1, 2023, whichever is later.
EFFECTIVE DATE: Upon passage
BACKGROUND
Information on the Affordable Housing Land Use Appeals Procedure and related bills
Affordable Housing Land Use Appeals Procedure (CGS § 8-30g)
The procedure requires municipal planning and zoning agencies
(“municipalities”) to defend their decisions to reject affordable housing
development applications or approve them with costly conditions. In
traditional land use appeals, the developer must convince the court
that the municipality acted illegally, arbitrarily, or abused its
discretion. The procedure instead places the burden of proof on
municipalities. 2021HB-06107-R010716-BA.DOCX
Researcher: JSB Page 20 5/24/21
With limited exceptions, developers can use the appeals procedure
to contest a municipality’s decision on an affordable housing
development application submitted to a municipality if (1) fewer than
10% of the municipality’s housing units are affordable, based on
certain statutory criteria, and (2) the municipality has not qualified for
a moratorium (i.e., a temporary suspension of procedure following a
relatively rapid increase in affordable housing stock).
By law, DOH annually publishes a list of housing stock in each
municipality that qualifies as affordable housing.
Related Bills
sSB 87 (File 181), favorably reported by the Housing Committee,
makes many of the same technical changes to the Zoning Enabling Act
and also prohibits regulations from (1) treating licensed group child
care homes located in a residence differently than single or multifamily
properties and (2) requiring a special permit or exception to operate
either a family or group child care home located in a residence within a
residential zone.
sSB 961 (File 558), favorably reported by the Planning and
Development Committee, shifts, from DEEP to DPH, regulatory
authority over (1) alternative on-site sewage treatment systems with
daily capacities of between 5,000 and 7,500 gallons and (2) small
community sewage systems with daily capacities of up to 10,000
gallons.
sSB 1024 (File 560), favorably reported by the Planning and
Development Committee, makes many of the same changes to the
Zoning Enabling Act, but it makes other changes as well (e.g., allowing
for the amortization of nonconforming uses).
sSB 1026 (File 561), favorably reported by the Planning and
Development Committee, requires each member of a local planning
commission, zoning commission, planning and zoning commission, or
zoning board of appeals to complete at least five hours of training
within one year after being elected or appointed to the board or 2021HB-06107-R010716-BA.DOCX
Researcher: JSB Page 21 5/24/21
commission.
sHB 6570 (File 414), favorably reported by the Transportation
Committee, similarly requires municipalities to adopt their first
affordable housing plan by July 1, 2022, but also requires their plans to
identify all parcels in the municipality that are state- or municipally-
owned and are located within a half-mile radius of a passenger rail or
bus rapid transit station.
COMMITTEE ACTION
Planning and Development Committee
Joint Favorable Substitute
Yea 17 Nay 9 (03/31/2021)