Connecticut 2021 Regular Session

Connecticut House Bill HB06531 Compare Versions

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Version 2 (New)

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	7	+	General Assembly Substitute Bill No. 6531
	8	+	January Session, 2021
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4		-	Substitute House Bill No. 6531
5		-
6		-	Public Act No. 21-34
7	12
8	13
9	14		AN ACT CONCERNING TH E RIGHT TO COUNSEL IN EVICTION
10		-	PROCEEDINGS, THE VALIDITY OF INLAND WETLANDS PERMITS
11		-	IN RELATION TO CERTAIN OTHER LAND USE APPROVALS, AND
12		-	EXTENDING THE TIME OF EXPIRATION OF CERTAIN LAND USE
13		-	PERMITS.
	15	+	PROCEEDINGS.
14	16		Be it enacted by the Senate and House of Representatives in General
15	17		Assembly convened:
16	18
17		-	Section 1. (NEW) (Effective July 1, 2021) (a) As used in this section:
18		-	(1) "Covered individual" means any party to a covered matter who is
19		-	an income-eligible tenant, lessee or occupant, for residential purposes,
20		-	of any land or building, any apartment in any building, any dwelling
21		-	unit, any trailer or mobile manufactured home or any land upon which
22		-	a trailer or mobile manufactured home is used or stands;
23		-	(2) "Covered matter" means any notice to quit delivered to, or any
24		-	summary process action instituted against, a covered individual
25		-	pursuant to chapter 832 or chapter 412 of the general statutes or any
26		-	administrative proceeding against a covered individual necessary to
27		-	preserve a state or federal housing subsidy or to prevent a proposed
28		-	termination of the lease;
29		-	(3) "Designated organization" means any not-for-profit legal services
30		-	organization that provides legal representation in a covered matter to a Substitute House Bill No. 6531
	19	+	Section 1. (NEW) (Effective October 1, 2021) (a) As used in this section: 1
	20	+	(1) "Covered individual" means any party to a covered matter who is 2
	21	+	an income-eligible tenant, lessee or occupant, for residential purposes, 3
	22	+	of any land or building, any apartment in any building, any dwelling 4
	23	+	unit, any trailer or mobile manufactured home or any land upon which 5
	24	+	a trailer or mobile manufactured home is used or stands; 6
	25	+	(2) "Covered matter" means any notice to quit delivered to, or any 7
	26	+	summary process action instituted against, a covered individual 8
	27	+	pursuant to chapter 832 or chapter 412 of the general statutes or any 9
	28	+	administrative proceeding against a covered individual necessary to 10
	29	+	preserve a state or federal housing subsidy or to prevent a proposed 11
	30	+	termination of the lease; 12
	31	+	(3) "Designated organization" means any not-for-profit legal services 13
	32	+	organization that provides legal representation in a covered matter to a 14
	33	+	covered individual; 15
	34	+	(4) "Administering entity" means the organization administering the 16 Substitute Bill No. 6531
31	35
32		-	Public Act No. 21-34 2 of 14
33	36
34		-	covered individual;
35		-	(4) "Administering entity" means the organization contracted by or
36		-	party to a memorandum of agreement with the Judicial Branch to
37		-	administer the right to counsel program in accordance with subsection
38		-	(b) of this section;
39		-	(5) "Legal representation" means representation in a covered matter
40		-	provided by a designated organization to a covered individual, and all
41		-	legal advice, advocacy and assistance associated with such
42		-	representation, subject to and in accordance with the Rules of
43		-	Professional Conduct;
44		-	(6) "Income-eligible" means (A) having household income at or below
45		-	eighty per cent of the state median income adjusted for family size, as
46		-	determined by the United States Department of Housing and Urban
47		-	Development, at the time of the request for representation; or (B)
48		-	receiving one of the following types of public assistance: (i) Temporary
49		-	Assistance for Needy Families, (ii) Supplemental Nutrition Assistance
50		-	Program benefits, (iii) Medicaid, (iv) Supplemental Security Income, (v)
51		-	refugee resettlement benefits, (vi) rental assistance under chapter 138a
52		-	of the general statutes, or (vii) the federal Housing Choice Voucher
53		-	Program, 42 USC 1437f(o);
54		-	(7) "Tenant", "landlord", "owner" and "dwelling unit" have the same
55		-	meanings as provided in section 47a-1 of the general statutes;
56		-	(8) "Notice to quit" means any notice to quit possession or occupancy
57		-	delivered pursuant to chapter 832 or chapter 412 of the general statutes
58		-	to a lessee or occupant;
59		-	(9) "Lessee or occupant" means any tenant, lessee or occupant, for
60		-	residential purposes, of any land or building, apartment in any building,
61		-	dwelling unit, trailer or mobile manufactured home, or land upon
62		-	which a trailer or mobile manufactured home is used or stands; and Substitute House Bill No. 6531
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64		-	Public Act No. 21-34 3 of 14
	41	+	program for the use of interest earned on lawyers' clients' funds 17
	42	+	accounts pursuant to section 51-81c of the general statutes, for the 18
	43	+	purpose of funding the delivery of legal services to the poor; 19
	44	+	(5) "Legal representation" means high-quality legal representation in 20
	45	+	a covered matter provided by a designated organization to a covered 21
	46	+	individual, and all legal advice, advocacy and assistance associated with 22
	47	+	such representation, subject to and in accordance with the Rules of 23
	48	+	Professional Conduct; 24
	49	+	(6) "Income-eligible" means (A) having household income at or below 25
	50	+	eighty per cent of the state median income adjusted for family size, as 26
	51	+	determined by the United States Department of Housing and Urban 27
	52	+	Development, at the time of the request for representation; (B) receiving 28
	53	+	one of the following types of public assistance: (i) Temporary Assistance 29
	54	+	for Needy Families, (ii) Supplemental Nutrition Assistance Program 30
	55	+	benefits, (iii) Medicaid, (iv) Supplemental Security Income, (v) refugee 31
	56	+	resettlement benefits, (vi) rental assistance under chapter 138a of the 32
	57	+	general statutes, or (vii) the federal Housing Choice Voucher Program, 33
	58	+	42 USC 1437f(o); or (C) being unable to secure legal representation with 34
	59	+	respect to a covered matter in a timely manner by reason of language, 35
	60	+	disability or other good cause, as determined by the designated 36
	61	+	organization; 37
	62	+	(7) "Tenant", "landlord", "owner" and "dwelling unit" have the same 38
	63	+	meanings as provided in section 47a-1 of the general statutes; 39
	64	+	(8) "Notice to quit" means any notice to quit possession or occupancy 40
	65	+	delivered pursuant to chapter 832 or chapter 412 of the general statutes 41
	66	+	to a lessee or occupant; 42
	67	+	(9) "Lessee or occupant" means any tenant, lessee or occupant, for 43
	68	+	residential purposes, of any land or building, apartment in any building, 44
	69	+	dwelling unit, trailer or mobile manufactured home, or land upon 45
	70	+	which a trailer or mobile manufactured home is used or stands; 46
	71	+	(10) "Extremely low-income household" means a household whose 47 Substitute Bill No. 6531
65	72
66		-	(10) "Right to counsel program" means the state-wide right to counsel
67		-	program to provide legal representation to a covered individual in a
68		-	covered matter established under this section.
69		-	(b) There is established a right to counsel program for the purpose of
70		-	providing any covered individual with legal representation at no cost in
71		-	a covered matter initiated on or after July 1, 2021. The Judicial Branch
72		-	shall, using available federal funds, contract with or enter a
73		-	memorandum of agreement with an administering entity to administer
74		-	the right to counsel program. The administering entity, within the
75		-	funding available to it for the right to counsel program, shall fund the
76		-	provision of legal representation by designated organizations under this
77		-	section. A designated organization may subcontract with a nonprofit or
78		-	community organization to provide legal representation to a covered
79		-	individual, and to provide tenant outreach and education. A designated
80		-	organization shall, at a minimum: (1) Have substantial expertise in
81		-	housing law and landlord tenant law and substantial experience
82		-	furnishing free legal assistance to eligible individuals; (2) have a
83		-	demonstrated history of serving the low-income community; (3)
84		-	identify the geographic area in which such organization provides legal
85		-	representation; (4) have a plan to reach and provide legal representation
86		-	to income-eligible persons with limited English proficiency; and (5)
87		-	provide appropriate supervision and training.
88		-	(c) The administering entity may receive funds or services from the
89		-	state or federal government, corporations, associations or individuals to
90		-	fund: (1) The provision of legal representation to covered individuals in
91		-	covered matters; (2) the administration of the right to counsel program
92		-	for the administering entity and designated organizations; and (3)
93		-	tenant outreach and education.
94		-	(d) If the Judicial Branch receives state or federal funds pursuant to
95		-	this section for the purpose of appointing additional housing mediators
96		-	under section 47a-69 of the general statutes, the Judicial Branch shall Substitute House Bill No. 6531
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100		-	appoint such additional housing mediators to facilitate the resolution of
101		-	summary process actions.
102		-	(e) (1) There is established a working group to advise on matters and
103		-	policies affecting the right to counsel program, to effectuate the right to
104		-	counsel. The working group shall consist of the following members:
105		-	(A) Two appointed by the speaker of the House of Representatives;
106		-	(B) Two appointed by the president pro tempore of the Senate;
107		-	(C) One appointed by the majority leader of the House of
108		-	Representatives;
109		-	(D) One appointed by the majority leader of the Senate;
110		-	(E) One appointed by the minority leader of the House of
111		-	Representatives;
112		-	(F) One appointed by the minority leader of the Senate;
113		-	(G) The Commissioner of Housing, or the commissioner's designee;
114		-	(H) A representative of the administering entity; and
115		-	(I) A representative of the Judicial Branch.
116		-	(2) All initial appointments to the working group shall be made not
117		-	later than thirty days after the effective date of this section. Members
118		-	shall serve for a term of four years and may be reappointed or continue
119		-	to serve until such member's successor is appointed. Any vacancy shall
120		-	be filled by the appointing authority.
121		-	(3) The Commissioner of Housing, or the commissioner's designee,
122		-	shall serve as chairperson of the working group. Such chairperson shall
123		-	schedule the first meeting of the working group, which shall be held not
124		-	later than sixty days after the effective date of this section. The Substitute House Bill No. 6531
	78	+	income does not exceed thirty per cent of the state median income, as 48
	79	+	adjusted for the size of the household, as determined by the United 49
	80	+	States Department of Housing and Urban Development; 50
	81	+	(11) "Right to counsel program" means the state-wide right to counsel 51
	82	+	program to provide legal representation to a covered individual in a 52
	83	+	covered matter established under this section. 53
	84	+	(b) There is established a right to counsel program, which shall be 54
	85	+	administered by the administering entity for the purpose of providing 55
	86	+	any covered individual with legal representation at no cost in a covered 56
	87	+	matter. The administering entity, within the funding available to it for 57
	88	+	the right to counsel program, shall contract with designated 58
	89	+	organizations to provide legal representation under this section. A 59
	90	+	designated organization may subcontract with a nonprofit or 60
	91	+	community organization to provide legal representation to a covered 61
	92	+	individual, and to provide tenant outreach and education. A designated 62
	93	+	organization shall, at a minimum: (1) Have substantial expertise in 63
	94	+	housing law and landlord tenant law and substantial experience 64
	95	+	furnishing free legal assistance to eligible individuals; (2) have a 65
	96	+	demonstrated history of serving the low-income community; (3) 66
	97	+	identify the geographic area in which such organization provides legal 67
	98	+	representation; (4) have a plan to reach and provide legal representation 68
	99	+	to income-eligible persons with limited English proficiency; (5) provide 69
	100	+	appropriate supervision and training; and (6) incorporate paralegals, 70
	101	+	legal interns or law students, as appropriate, to provide services when 71
	102	+	supervised by legal counsel. 72
	103	+	(c) The administering entity may receive funds or services from the 73
	104	+	state or federal government, corporations, associations or individuals to 74
	105	+	pay the cost of: (1) Providing legal representation to covered individuals 75
	106	+	in covered matters; (2) administering the right to counsel program for 76
	107	+	the administering entity and designated organizations; (3) providing 77
	108	+	tenant outreach and education; and (4) attorney training. 78
	109	+	(d) (1) The administering entity shall appoint an advisory committee 79 Substitute Bill No. 6531
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126		-	Public Act No. 21-34 5 of 14
127	111
128		-	chairperson shall convene the working group on a regular basis, but not
129		-	less than three times per year.
130		-	(4) The Department of Housing shall provide administrative support
131		-	to the working group.
132		-	(f) (1) The Judicial Branch, in consultation with the administering
133		-	entity, working group and designated organizations, shall approve a
134		-	one-page plain-language notice to inform a tenant of the rights under
135		-	the right to counsel program. Not later than October 1, 2021, such notice
136		-	shall be made available on the Judicial Branch's Internet web site and
137		-	available to the public. Such notice shall include a phone number for
138		-	accessing information and applying for assistance.
139		-	(2) On and after October 1, 2021, an owner, lessor, landlord, legal
140		-	representative or agent of an owner, lessor or landlord, a housing
141		-	authority or a housing subsidy program administrator, as applicable,
142		-	shall attach a copy of the notice described under subdivision (1) of this
143		-	subsection, to (A) a notice to quit delivered to a covered individual
144		-	pursuant to chapter 832 or chapter 412 of the general statutes; (B) a
145		-	summons and complaint for a summary process action pursuant to
146		-	chapter 832 or chapter 412 of the general statutes; (C) a lease termination
147		-	notice for a public or subsidized housing unit; and (D) a notice to
148		-	terminate a state or federal housing subsidy.
149		-	(3) Any court notice scheduling a mediation or hearing that is sent to
150		-	a self-represented party in a covered matter shall include plain language
151		-	information about the availability of legal representation through the
152		-	right to counsel program and a phone number for accessing information
153		-	and applying for assistance.
154		-	(g) The administering entity, in consultation with the working group
155		-	and designated organizations, shall determine how to phase in the right
156		-	to counsel program based on all relevant factors, including, but not Substitute House Bill No. 6531
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158		-	Public Act No. 21-34 6 of 14
	116	+	consisting of fifteen members, from diverse regions of the state, 80
	117	+	including, but not limited to, income-eligible tenants, community-based 81
	118	+	organizations engaged in tenant outreach, education or organizing, and 82
	119	+	nonprofit organizations providing free legal services to tenants. Each 83
	120	+	member shall have a demonstrated commitment to eviction prevention 84
	121	+	and housing stability. At least three members shall be tenants. At least 85
	122	+	one member shall be a tenant who is a member of an extremely low-86
	123	+	income household. 87
	124	+	(2) The administering entity shall convene the advisory committee on 88
	125	+	a regular basis, but not less than three times per year, to advise on 89
	126	+	matters and policies affecting the right to counsel program, to effectuate 90
	127	+	the right to counsel. 91
	128	+	(e) (1) The administering entity, in consultation with the advisory 92
	129	+	committee and designated organizations, shall approve a plain-93
	130	+	language notice to inform a tenant of the rights under the right to 94
	131	+	counsel program. Such notice shall be made broadly available to the 95
	132	+	public and shall include a phone number for accessing information and 96
	133	+	applying for assistance. 97
	134	+	(2) An owner, lessor, landlord, legal representative or agent of an 98
	135	+	owner, lessor or landlord, a housing authority or a housing subsidy 99
	136	+	program administrator, as applicable, shall attach a copy of the notice 100
	137	+	described under subdivision (1) of this subsection, to (A) a notice to quit 101
	138	+	delivered to a covered individual pursuant to chapter 832 or chapter 412 102
	139	+	of the general statutes; (B) a summons and complaint for a summary 103
	140	+	process action pursuant to chapter 832 or chapter 412 of the general 104
	141	+	statutes; (C) a lease termination notice for a public or subsidized 105
	142	+	housing unit; and (D) a notice to terminate a state or federal housing 106
	143	+	subsidy. 107
	144	+	(3) Any court notice scheduling a mediation or hearing that is sent to 108
	145	+	a self-represented party in a covered matter shall include plain language 109
	146	+	information about the availability of legal representation through the 110
	147	+	right to counsel program and a phone number for accessing information 111 Substitute Bill No. 6531
159	148
160		-	limited to: (1) The prioritization of certain groups of individuals by
161		-	income, zip codes, census tracts or other priority criteria developed in
162		-	consultation with the designated organizations and the working group;
163		-	(2) the availability of program funding; (3) the number of trained legal
164		-	services attorneys available to provide legal representation; and (4) the
165		-	scope of the need for legal representation.
166		-	(h) Nothing in this section shall be construed to establish any right
167		-	enforceable by a covered individual against a designated organization
168		-	or the administering entity.
169		-	(i) Not later than January 1, 2023, and annually thereafter, the
170		-	administering entity shall submit a report, in accordance with the
171		-	provisions of section 11-4a of the general statutes, to the joint standing
172		-	committees of the General Assembly having cognizance of matters
173		-	relating to housing and the Judicial Department. Such report shall
174		-	include the following information: (1) The number of covered
175		-	individuals provided legal representation pursuant to this section; (2)
176		-	the extent of legal representation provided; (3) any outcomes achieved,
177		-	such as the rates of tenant representation, tenant retention of housing or
178		-	other appropriate outcome measures; and (4) the engagement and
179		-	education of tenants.
180		-	Sec. 2. Subsection (d) of section 22a-42a of the general statutes is
181		-	repealed and the following is substituted in lieu thereof (Effective July 1,
182		-	2021, and applicable to permits issued on or after July 1, 2021):
183		-	(d) (1) In granting, denying or limiting any permit for a regulated
184		-	activity the inland wetlands agency, or its agent, shall consider the
185		-	factors set forth in section 22a-41, and such agency, or its agent, shall
186		-	state upon the record the reason for its decision. In granting a permit the
187		-	inland wetlands agency, or its agent, may grant the application as filed
188		-	or grant it upon other terms, conditions, limitations or modifications of
189		-	the regulated activity which are designed to carry out the policy of Substitute House Bill No. 6531
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193		-	sections 22a-36 to 22a-45, inclusive. Such terms may include any
194		-	reasonable measures which would mitigate the impacts of the regulated
195		-	activity and which would (A) prevent or minimize pollution or other
196		-	environmental damage, (B) maintain or enhance existing environmental
197		-	quality, or (C) in the following order of priority: Restore, enhance and
198		-	create productive wetland or watercourse resources. Such terms may
199		-	include restrictions as to the time of year in which a regulated activity
200		-	may be conducted, provided the inland wetlands agency, or its agent,
201		-	determines that such restrictions are necessary to carry out the policy of
202		-	sections 22a-36 to 22a-45, inclusive. No person shall conduct any
203		-	regulated activity within an inland wetland or watercourse which
204		-	requires zoning or subdivision approval without first having obtained
205		-	a valid certificate of zoning or subdivision approval, special permit,
206		-	special exception or variance or other documentation establishing that
207		-	the proposal complies with the zoning or subdivision requirements
208		-	adopted by the municipality pursuant to chapters 124 to 126, inclusive,
209		-	or any special act. The agency may suspend or revoke a permit if it finds
210		-	after giving notice to the permittee of the facts or conduct which warrant
211		-	the intended action and after a hearing at which the permittee is given
212		-	an opportunity to show compliance with the requirements for retention
213		-	of the permit, that the applicant has not complied with the conditions or
214		-	limitations set forth in the permit or has exceeded the scope of the work
215		-	as set forth in the application. The applicant shall be notified of the
216		-	agency's decision by certified mail within fifteen days of the date of the
217		-	decision and the agency shall cause notice of their order in issuance,
218		-	denial, revocation or suspension of a permit to be published in a
219		-	newspaper having a general circulation in the town wherein the
220		-	wetland or watercourse lies. In any case in which such notice is not
221		-	published within such fifteen-day period, the applicant may provide for
222		-	the publication of such notice within ten days thereafter.
223		-	(2) (A) Any permit issued under this section for the development of
224		-	property for which an approval is required under chapter 124, 124b, 126 Substitute House Bill No. 6531
	154	+	and applying for assistance. 112
	155	+	(f) The administering entity, in consultation with the advisory 113
	156	+	committee and designated organizations, shall determine how to phase 114
	157	+	in the provision of legal representation to covered individuals in 115
	158	+	covered matters under the right to counsel program based on all 116
	159	+	relevant factors, including, but not limited to: (1) The prioritization of 117
	160	+	certain groups of individuals by income, zip codes, census tracts or 118
	161	+	other priority criteria developed in consultation with the designated 119
	162	+	organizations and the advisory committee; (2) the availability of 120
	163	+	program funding; (3) the number of trained legal services attorneys 121
	164	+	available to provide legal representation; and (4) the scope of the need 122
	165	+	for legal representation. 123
	166	+	(g) Nothing in this section shall be construed to establish any right 124
	167	+	enforceable by a covered individual against a designated organization 125
	168	+	or the administering entity. 126
	169	+	(h) Not later than January 1, 2023, and annually thereafter, the 127
	170	+	administering entity shall submit a report, in accordance with the 128
	171	+	provisions of section 11-4a of the general statutes, to the joint standing 129
	172	+	committee of the General Assembly having cognizance of matters 130
	173	+	relating to housing. Such report shall include the following information: 131
	174	+	(1) The number of covered individuals provided legal representation 132
	175	+	pursuant to this section; (2) the extent of legal representation provided; 133
	176	+	(3) any outcomes achieved, such as the rates of tenant representation, 134
	177	+	tenant retention of housing or other appropriate outcome measures; and 135
	178	+	(4) the engagement and education of tenants. 136
	179	+	This act shall take effect as follows and shall amend the following
	180	+	sections:
225	181
226		-	~~Public Act No.~~ ~~21-34~~ ~~8 of 14~~
	182	+	Section 1 October 1, 2021 New section
227	183
228		-	or 126a shall (i) not take effect until each such approval, as applicable,
229		-	granted under such chapter has taken effect, and (ii) be valid until the
230		-	approval granted under such chapter expires or for ten years, whichever
231		-	is earlier.
232		-	(B) Any permit issued under this section for any activity for which an
233		-	approval is not required under chapter 124, 124b, 126 or 126a shall be
234		-	valid for not less than two years and not more than five years. Any such
235		-	permit shall be renewed upon request of the permit holder unless the
236		-	agency finds that there has been a substantial change in circumstances
237		-	which requires a new permit application or an enforcement action has
238		-	been undertaken with regard to the regulated activity for which the
239		-	permit was issued, provided no permit may be valid for more than ten
240		-	years.
241		-	Sec. 3. Subsection (m) of section 8-3 of the general statutes is repealed
242		-	and the following is substituted in lieu thereof (Effective from passage):
243		-	(m) (1) Notwithstanding the provisions of this section, any site plan
244		-	approval made under this section prior to July 1, 2011, that has not
245		-	expired prior to May 9, 2011, except an approval made under subsection
246		-	(j) of this section, shall expire not less than nine years after the date of
247		-	such approval and the commission may grant one or more extensions of
248		-	time to complete all or part of the work in connection with such site
249		-	plan, provided no approval, including all extensions, shall be valid for
250		-	more than fourteen years from the date the site plan was approved.
251		-	(2) Notwithstanding the provisions of this section, any site plan
252		-	approval made under this section on or after July 1, 2011, but prior to
253		-	the effective date of this section, that did not expire prior to March 10,
254		-	2020, except an approval made under subsection (j) of this section, shall
255		-	expire not less than fourteen years after the date of such approval and
256		-	the commission may grant one or more extensions of time to complete
257		-	all or part of the work in connection with such site plan, provided no Substitute House Bill No. 6531
258		-
259		-	Public Act No. 21-34 9 of 14
260		-
261		-	approval, including all extensions, shall be valid for more than nineteen
262		-	years from the date the site plan was approved.
263		-	Sec. 4. Subsection (e) of section 8-26c of the general statutes is
264		-	repealed and the following is substituted in lieu thereof (Effective from
265		-	passage):
266		-	(e) (1) Notwithstanding the provisions of this section, any
267		-	subdivision approval made under this section prior to July 1, 2011, that
268		-	has not expired prior to May 9, 2011, shall expire not less than nine years
269		-	after the date of such approval and the commission may grant one or
270		-	more extensions of time to complete all or part of the work in connection
271		-	with such subdivision, provided no subdivision approval, including all
272		-	extensions, shall be valid for more than fourteen years from the date the
273		-	subdivision was approved.
274		-	(2) Notwithstanding the provisions of this section, any subdivision
275		-	approval made under this section on or after July 1, 2011, but prior to
276		-	the effective date of this section, that did not expire prior to March 10,
277		-	2020, shall expire not less than fourteen years after the date of such
278		-	approval and the commission may grant one or more extensions of time
279		-	to complete all or part of the work in connection with such subdivision,
280		-	provided no subdivision approval, including all extensions, shall be
281		-	valid for more than nineteen years from the date the subdivision was
282		-	approved.
283		-	Sec. 5. Subsection (c) of section 8-26g of the general statutes is
284		-	repealed and the following is substituted in lieu thereof (Effective from
285		-	passage):
286		-	(c) (1) Notwithstanding the provisions of this section, for any
287		-	subdivision of land for a project consisting of four hundred or more
288		-	dwelling units and approved prior to July 1, 2011, that has not expired
289		-	prior to May 9, 2011, any person, firm or corporation making such Substitute House Bill No. 6531
290		-
291		-	Public Act No. 21-34 10 of 14
292		-
293		-	subdivision shall complete all work in connection with such subdivision
294		-	not later than the date fourteen years after the date of approval of the
295		-	plan for such subdivision. The commission's endorsement of approval
296		-	on the plan shall state the date on which such fourteen-year period
297		-	expires.
298		-	(2) Notwithstanding the provisions of this section, for any
299		-	subdivision of land for a project consisting of four hundred or more
300		-	dwelling units and approved on or after July 1, 2011, but prior to the
301		-	effective date of this section, that did not expire prior to March 10, 2020,
302		-	any person, firm or corporation making such subdivision shall complete
303		-	all work in connection with such subdivision not later than the date
304		-	nineteen years after the date of approval of the plan for such
305		-	subdivision. The commission's endorsement of approval on the plan
306		-	shall state the date on which such nineteen-year period expires.
307		-	Sec. 6. Subsection (g) of section 22a-42a of the general statutes is
308		-	repealed and the following is substituted in lieu thereof (Effective from
309		-	passage):
310		-	(g) (1) Notwithstanding the provisions of subdivision (2) of
311		-	subsection (d) of this section, any permit issued under this section prior
312		-	to July 1, 2011, that has not expired prior to May 9, 2011, shall expire not
313		-	less than nine years after the date of such approval. Any such permit
314		-	shall be renewed upon request of the permit holder unless the agency
315		-	finds that there has been a substantial change in circumstances that
316		-	requires a new permit application or an enforcement action has been
317		-	undertaken with regard to the regulated activity for which the permit
318		-	was issued, provided no such permit shall be valid for more than
319		-	fourteen years.
320		-	(2) Notwithstanding the provisions of subdivision (2) of subsection
321		-	(d) of this section, any permit issued under this section on or after July
322		-	1, 2011, but prior to the effective date of this section, that did not expire Substitute House Bill No. 6531
323		-
324		-	Public Act No. 21-34 11 of 14
325		-
326		-	prior to March 10, 2020, shall expire not less than fourteen years after
327		-	the date of such approval. Any such permit shall be renewed upon
328		-	request of the permit holder unless the agency finds that there has been
329		-	a substantial change in circumstances that requires a new permit
330		-	application or an enforcement action has been undertaken with regard
331		-	to the regulated activity for which the permit was issued, provided no
332		-	such permit shall be valid for more than nineteen years.
333		-	Sec. 7. Section 8-3c of the general statutes is repealed and the
334		-	following is substituted in lieu thereof (Effective from passage):
335		-	(a) If an application for a special permit or special exception involves
336		-	an activity regulated pursuant to sections 22a-36 to 22a-45, inclusive, the
337		-	applicant shall submit an application to the agency responsible for
338		-	administration of the inland wetlands regulations no later than the day
339		-	the application is filed for a special permit or special exception.
340		-	(b) The zoning commission or combined planning and zoning
341		-	commission of any municipality shall hold a public hearing on an
342		-	application or request for a special permit or special exception, as
343		-	provided in section 8-2, and on an application for a special exemption
344		-	under section 8-2g. Such hearing shall be held in accordance with the
345		-	provisions of section 8-7d. The commission shall not render a decision
346		-	on the application until the inland wetlands agency has submitted a
347		-	report with its final decision to such commission. In making its decision
348		-	the zoning commission shall give due consideration to the report of the
349		-	inland wetlands agency. Such commission shall decide upon such
350		-	application or request within the period of time permitted under section
351		-	8-7d. Whenever a commission grants or denies a special permit or
352		-	special exception, it shall state upon its records the reason for its
353		-	decision. Notice of the decision of the commission shall be published in
354		-	a newspaper having a substantial circulation in the municipality and
355		-	addressed by certified mail to the person who requested or applied for
356		-	a special permit or special exception, by its secretary or clerk, under his Substitute House Bill No. 6531
357		-
358		-	Public Act No. 21-34 12 of 14
359		-
360		-	signature in any written, printed, typewritten or stamped form, within
361		-	fifteen days after such decision has been rendered. In any case in which
362		-	such notice is not published within such fifteen-day period, the person
363		-	who requested or applied for such special permit or special exception
364		-	may provide for the publication of such notice within ten days
365		-	thereafter. Such permit or exception shall become effective upon the
366		-	filing of a copy thereof (1) in the office of the town, city or borough clerk,
367		-	as the case may be, but, in the case of a district, in the offices of both the
368		-	district clerk and the town clerk of the town in which such district is
369		-	located, and (2) in the land records of the town in which the affected
370		-	premises are located, in accordance with the provisions of section 8-3d.
371		-	(c) Notwithstanding the provisions of subsections (a) and (b) of this
372		-	section, any special permit or special exception approval made under
373		-	this section on or after July 1, 2011, but prior to the effective date of this
374		-	section, that did not expire prior to March 10, 2020, and that specified a
375		-	deadline by which all work in connection with such approval is required
376		-	to be completed, shall expire not less than nineteen years after the date
377		-	of such approval and the commission may grant one or more extensions
378		-	of time to complete all or part of the work in connection with such
379		-	special permit or special exception.
380		-	Sec. 8. Section 8-26e of the general statutes is repealed and the
381		-	following is substituted in lieu thereof (Effective from passage):
382		-	(a) The planning commission of any municipality shall hold a public
383		-	hearing on an application or request for a special permit or special
384		-	exception, as provided in section 8-2. Any such public hearing shall be
385		-	held in accordance with the provisions of section 8-7d. Such commission
386		-	shall decide upon such application or request within the period of time
387		-	permitted under section 8-26d. Whenever a commission grants or denies
388		-	a special permit or special exception, it shall state upon its records the
389		-	reason for its decision. Notice of the decision of the commission shall be
390		-	published in a newspaper having a substantial circulation in the Substitute House Bill No. 6531
391		-
392		-	Public Act No. 21-34 13 of 14
393		-
394		-	municipality and addressed by certified mail to the person who
395		-	requested or applied for a special permit or special exception, by its
396		-	secretary or clerk, under his signature in any written, printed,
397		-	typewritten or stamped form, within fifteen days after such decision has
398		-	been rendered. In any case in which such notice is not published within
399		-	such fifteen-day period, the person who requested or applied for such a
400		-	special permit or special exception may provide for the publication of
401		-	such notice within ten days thereafter. Such permit or exception shall
402		-	become effective upon the filing of a copy thereof (1) in the office of the
403		-	town, city or borough clerk, as the case may be, but, in the case of a
404		-	district, in the offices of both the district clerk and the town clerk of the
405		-	town in which such district is located, and (2) in the land records of the
406		-	town in which the affected premises are located, in accordance with the
407		-	provisions of section 8-3d.
408		-	(b) Notwithstanding the provisions of subsection (a) of this section,
409		-	any special permit or special exception approval made under this
410		-	section on or after July 1, 2011, but prior to the effective date of this
411		-	section, that did not expire prior to March 10, 2020, and that specified a
412		-	deadline by which all work in connection with such approval is required
413		-	to be completed, shall expire not less than nineteen years after the date
414		-	of such approval and the commission may grant one or more extensions
415		-	of time to complete all or part of the work in connection with such
416		-	special permit or special exception.
417		-	Sec. 9. (NEW) (Effective from passage) (a) Notwithstanding the
418		-	provisions of any special act or any site plan, subdivision or permit
419		-	approval by a zoning commission, planning commission, combined
420		-	planning and zoning commission, zoning board of appeals or inland
421		-	wetlands agency pursuant to the provisions of any such special act that
422		-	occurred on or after July 1, 2011, but prior to the effective date of this
423		-	section, and that did not expire prior to March 10, 2020, such approval
424		-	shall expire not less than fourteen years after the date of such approval Substitute House Bill No. 6531
425		-
426		-	Public Act No. 21-34 14 of 14
427		-
428		-	and such commission, board or agency, as applicable, may grant one or
429		-	more extensions of time to complete all or part of the work in connection
430		-	with such approval, provided no approval, including all extensions,
431		-	shall be valid for more than nineteen years from the date the site plan,
432		-	subdivision or permit was initially approved.
433		-	(b) Notwithstanding the provisions of any special act or any special
434		-	permit or special exception approval by a zoning commission, planning
435		-	commission, combined planning and zoning commission, zoning board
436		-	of appeals or inland wetlands agency pursuant to the provisions of any
437		-	such special act that occurred on or after July 1, 2011, but prior to the
438		-	effective date of this section, that did not expire prior to March 10, 2020,
439		-	and that specified a deadline by which all work in connection with such
440		-	approval is required to be completed, such approval shall expire not less
441		-	than nineteen years after the date of such approval and such
442		-	commission, board or agency, as applicable, may grant one or more
443		-	extensions of time to complete all or part of the work in connection with
444		-	such special permit or special exception approval.
	184	+	HSG Joint Favorable Subst.
445	185