Connecticut 2021 Regular Session

Connecticut House Bill HB06606 Compare Versions

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	7	+	General Assembly Substitute Bill No. 6606
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4		-	Substitute House Bill No. 6606
5		-
6		-	Special Act No. 21-28
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9		-	AN ACT CONCERNING ~~ECONOMIC DEVELOPMENT IN~~
10		-	~~DISTRESSED MUNICIPALITIES AND~~ THE ~~RENOVATION~~ OF
11		-	~~HISTORIC MIXED-USE~~ ~~BUILDINGS~~.
	14	+	AN ACT CONCERNING TH E COME HOME TO DOWNT OWN
	15	+	PROGRAM, THE RENOVAT ION OF HISTORIC MIXED-USE
	16	+	BUILDINGS IN THE STATE AND OUTDOOR DININ G.
12	17		Be it enacted by the Senate and House of Representatives in General
13	18		Assembly convened:
14	19
15		-	Section 1. (Effective from passage) The Commissioner of Economic and
16		-	Community Development shall conduct a study relating to ~~economic~~
17		-	~~development issues affecting distressed municipalities and opportunity~~
18		-	~~zones in~~ the ~~state~~. Not ~~later than February 1, 2022, the commissioner~~
19		-	shall submit a report on ~~the results of such study to the joint standing~~
20		-	committee of the General ~~Assembly having cognizance of matters~~
21		-	relating to commerce, in ~~accordance with the provisions of section 11-4a~~
22		-	of the general statutes.
23		-	Sec. 2. (Effective from passage) (a) There is established a task force to
24		-	study any impediments to the renovation of historic mixed-use
25		-	buildings located in municipalities, including, but not limited to,
26		-	distressed municipalities in the state. The task force shall (1) examine
27		-	any financing tools that may assist in the renovation of such buildings
28		-	and building safety codes that may be impediments to the renovation of
29		-	such buildings; and (2) consider whether the state should implement a
30		-	small real estate developer training program or a capacity building
31		-	program. Substitute ~~House~~ Bill No. 6606
	20	+	Section 1. (Effective from passage) The Commissioner of Economic and 1
	21	+	Community Development shall conduct a study relating to the 2
	22	+	Connecticut Housing Finance Authority's Come Home to Downtown 3
	23	+	program. Such study shall examine the scalability of such program. Not 4
	24	+	later than February 1, 2022, the commissioner shall submit a report on 5
	25	+	the results of such study to the joint standing committee of the General 6
	26	+	Assembly having cognizance of matters relating to commerce, in 7
	27	+	accordance with the provisions of section 11-4a of the general statutes. 8
	28	+	Sec. 2. (Effective from passage) (a) There is established a task force to 9
	29	+	study any impediments to the renovation of historic mixed-use 10
	30	+	buildings located in municipalities, including, but not limited to, 11
	31	+	distressed municipalities in the state. The task force shall (1) examine 12
	32	+	any financing tools that may assist in the renovation of such buildings 13
	33	+	and building safety codes that may be impediments to the renovation of 14
	34	+	such buildings; and (2) consider whether the state should implement a 15
	35	+	small real estate developer training program or a capacity building 16
	36	+	program. 17 Substitute Bill No. 6606
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33		-	Special Act No. 21-28 2 of 3
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35		-	(b) The task force shall consist of the following members:
36		-	(1) Two appointed by the speaker of the House of Representatives;
37		-	(2) Two appointed by the president pro tempore of the Senate;
38		-	(3) Two appointed by the majority leader of the House of
39		-	Representatives;
40		-	(4) Two appointed by the majority leader of the Senate;
41		-	(5) Two appointed by the minority leader of the House of
42		-	Representatives;
43		-	(6) Two appointed by the minority leader of the Senate;
44		-	(7) The Commissioner of Economic and Community Development,
45		-	or the commissioner's designee;
46		-	(8) The Commissioner of Housing, or the commissioner's designee;
47		-	(9) The Banking Commissioner, or the commissioner's designee;
48		-	(10) The Commissioner of Administrative Services, or the
49		-	commissioner's designee; and
50		-	(11) Three persons appointed by the Governor.
51		-	(c) Any member of the task force appointed under subdivision (1),
52		-	(2), (3), (4), (5) or (6) of subsection (b) of this section may be a member
53		-	of the General Assembly.
54		-	(d) Each member of the task force appointed under subdivision (1),
55		-	(2), (3), (4), (5), (6) or (11) of subsection (b) of this section shall have
56		-	expertise in the architecture of historic properties, construction or
57		-	rehabilitation of historic properties, real estate financing, mortgage
58		-	lending, real estate development, real estate transactions or municipal Substitute House Bill No. 6606
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60		-	Special Act No. 21-28 3 of 3
	43	+	(b) The task force shall consist of the following members: 18
	44	+	(1) Two appointed by the speaker of the House of Representatives; 19
	45	+	(2) Two appointed by the president pro tempore of the Senate; 20
	46	+	(3) One appointed by the majority leader of the House of 21
	47	+	Representatives; 22
	48	+	(4) One appointed by the majority leader of the Senate; 23
	49	+	(5) One appointed by the minority leader of the House of 24
	50	+	Representatives; 25
	51	+	(6) One appointed by the minority leader of the Senate; 26
	52	+	(7) The Commissioner of Economic and Community Development, 27
	53	+	or the commissioner's designee; 28
	54	+	(8) The Commissioner of Housing, or the commissioner's designee; 29
	55	+	(9) The Banking Commissioner, or the commissioner's designee; 30
	56	+	(10) The Commissioner of Administrative Services, or the 31
	57	+	commissioner's designee; and 32
	58	+	(11) Three persons appointed by the Governor. 33
	59	+	(c) Any member of the task force appointed under subdivision (1), 34
	60	+	(2), (3), (4), (5) or (6) of subsection (b) of this section may be a member 35
	61	+	of the General Assembly. 36
	62	+	(d) All initial appointments to the task force shall be made not later 37
	63	+	than thirty days after the effective date of this section. Any vacancy shall 38
	64	+	be filled by the appointing authority. 39
	65	+	(e) The speaker of the House of Representatives and the president pro 40
	66	+	tempore of the Senate shall select the chairpersons of the task force from 41
	67	+	among the members of the task force. Such chairpersons shall schedule 42 Substitute Bill No. 6606
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62		-	building codes.
63		-	(e) All initial appointments to the task force shall be made not later
64		-	than thirty days after the effective date of this section. Any vacancy shall
65		-	be filled by the appointing authority.
66		-	(f) The speaker of the House of Representatives and the president pro
67		-	tempore of the Senate shall select the chairpersons of the task force from
68		-	among the members of the task force. Such chairpersons shall schedule
69		-	the first meeting of the task force, which shall be held not later than sixty
70		-	days after the effective date of this section.
71		-	(g) The administrative staff of the joint standing committee of the
72		-	General Assembly having cognizance of matters relating to commerce
73		-	shall serve as administrative staff of the task force.
74		-	(h) Not later than January 1, 2022, the task force shall submit a report
75		-	on its findings and recommendations to the joint standing committee of
76		-	the General Assembly having cognizance of matters relating to
77		-	commerce, in accordance with the provisions of section 11-4a of the
78		-	general statutes. The task force shall terminate on the date that it
79		-	submits such report or January 1, 2022, whichever is later.
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	74	+	the first meeting of the task force, which shall be held not later than sixty 43
	75	+	days after the effective date of this section. 44
	76	+	(f) The administrative staff of the joint standing committee of the 45
	77	+	General Assembly having cognizance of matters relating to commerce 46
	78	+	shall serve as administrative staff of the task force. 47
	79	+	(g) Not later than January 1, 2022, the task force shall submit a report 48
	80	+	on its findings and recommendations to the joint standing committee of 49
	81	+	the General Assembly having cognizance of matters relating to 50
	82	+	commerce, in accordance with the provisions of section 11-4a of the 51
	83	+	general statutes. The task force shall terminate on the date that it 52
	84	+	submits such report or January 1, 2022, whichever is later. 53
	85	+	Sec. 3. (Effective from passage) (a) As used in this section: 54
	86	+	(1) "Applicable laws of the state" means chapters 14, 97a, 98, 124, 126, 55
	87	+	242 and 541 of the general statutes, section 22a-27j of the general statutes 56
	88	+	and any special act, municipal charter, ordinance, resolution or 57
	89	+	regulation; 58
	90	+	(2) "COVID-19" means the respiratory disease designated by the 59
	91	+	World Health Organization on February 11, 2020, as coronavirus 2019, 60
	92	+	and any related mutation thereof recognized by the World Health 61
	93	+	Organization as a communicable respiratory disease; 62
	94	+	(3) "COVID-19 signage" means any outdoor, noninternally 63
	95	+	illuminated, nonanimated signage that is not more than fifteen square 64
	96	+	feet in size and contains directions, social distancing instructions or 65
	97	+	other signage that may customarily be displayed within a building, 66
	98	+	including, but not limited to, menus or specials; 67
	99	+	(4) "Food establishment" means a food establishment that is licensed 68
	100	+	or permitted to operate pursuant to section 19a-36i of the general 69
	101	+	statutes; 70
	102	+	(5) "Local enforcement official" means a zoning administrator, or such 71 Substitute Bill No. 6606
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	109	+	administrator's designee, or building code official, or such official's 72
	110	+	designee; 73
	111	+	(6) "Municipality" has the same meaning as provided in section 8-1a 74
	112	+	of the general statutes; and 75
	113	+	(7) "Outdoor activities" means outdoor food and beverage service or 76
	114	+	outdoor displays of goods, which activities end at eleven o'clock p.m. or 77
	115	+	earlier on Friday and Saturday nights and end at nine o'clock p.m. or 78
	116	+	earlier on all other days of the week, or the display of COVID-19 79
	117	+	signage, but does not mean live entertainment. 80
	118	+	(b) Notwithstanding the provisions of section 8-3b of the general 81
	119	+	statutes, for the period of time commencing on the effective date of this 82
	120	+	section and ending June 30, 2022, if a zoning administrator, chairperson 83
	121	+	of a zoning commission or planning and zoning commission or chief 84
	122	+	elected official finds that a proposal is necessary to respond to the 85
	123	+	COVID-19 pandemic, including, but not limited to, making changes to 86
	124	+	permit outdoor activities, such zoning administrator, chairperson or 87
	125	+	chief elected official may place such proposal or cause such proposal to 88
	126	+	be placed on the public hearing agenda of a zoning commission or a 89
	127	+	planning and zoning commission, as applicable, and such commission 90
	128	+	shall conduct a public hearing and act on such proposal without 91
	129	+	complying with the requirements of section 8-3b of the general statutes. 92
	130	+	(c) Notwithstanding any provision of the applicable laws of the state, 93
	131	+	for the period of time commencing on the effective date of this section 94
	132	+	and ending June 30, 2022, any permit application for outdoor activities 95
	133	+	shall be made to a local enforcement official, who shall review and make 96
	134	+	a determination on each such application. 97
	135	+	(d) (1) Notwithstanding any provision of the applicable laws of the 98
	136	+	state, the zoning commission, planning and zoning commission or chief 99
	137	+	elected official of each municipality, as applicable, shall allow any 100
	138	+	licensee or permittee of a food establishment operating in such 101
	139	+	municipality to engage in outdoor food and beverage service as an 102 Substitute Bill No. 6606
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	146	+	accessory use of such food establishment's permitted use until June 30, 103
	147	+	2022. Such accessory use shall be allowed as of right, subject only to any 104
	148	+	required administrative site plan review to determine conformance with 105
	149	+	zoning requirements not contemplated by this section. 106
	150	+	(2) Any such licensee or permittee may engage in outdoor food and 107
	151	+	beverage service (A) on public sidewalks and other pedestrian 108
	152	+	pathways abutting the area permitted for principal use and on which 109
	153	+	vehicular access is not allowed, (i) provided a pathway (I) constructed 110
	154	+	in compliance with physical accessibility guidelines, as applicable, 111
	155	+	under the federal Americans with Disabilities Act, 42 USC 12101, et seq., 112
	156	+	as amended from time to time, and (II) the length of the lot upon which 113
	157	+	the area permitted for principal use is located, and not less than six feet 114
	158	+	in width, not including any area on a street or highway, shall remain 115
	159	+	unobstructed for pedestrian use, and (ii) subject to reasonable 116
	160	+	conditions imposed by the municipal official or agency that issues right-117
	161	+	of-way or obstruction permits; (B) on off-street parking spaces 118
	162	+	associated with the permitted use, notwithstanding any municipal 119
	163	+	ordinance establishing minimum requirements for off-street parking; 120
	164	+	(C) on any lot, yard, court or open space abutting the area permitted for 121
	165	+	principal use, provided (i) such lot, yard, court or open space is located 122
	166	+	in a zoning district where the operation of food establishments is 123
	167	+	permitted, and (ii) the licensee or permittee obtains written 124
	168	+	authorization to engage in such service from the owner of such lot, yard, 125
	169	+	court or open space and provides a copy of such authorization to the 126
	170	+	zoning commission; and (D) until nine o'clock p.m., or a time established 127
	171	+	by the zoning regulations of the municipality, whichever is later. 128
	172	+	(3) Nothing in this subsection shall require a municipality or local 129
	173	+	enforcement official to (A) permit the sale or service of alcoholic 130
	174	+	beverages by any licensee or permittee of a food establishment 131
	175	+	operating in such municipality as a principal or accessory use anywhere 132
	176	+	that such activity is not permitted as a principal or accessory use, or (B) 133
	177	+	permit any licensee or permittee of a food establishment operating in 134
	178	+	such municipality to operate an outdoor bar. 135 Substitute Bill No. 6606
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	184	+
	185	+	(e) (1) Notwithstanding any provision of the applicable laws of the 136
	186	+	state, for the period of time commencing on the effective date of this 137
	187	+	section and ending June 30, 2022, any person who submits an 138
	188	+	application to engage in outdoor activities in accordance with 139
	189	+	subsection (c) of this section shall not be required to submit (A) plans 140
	190	+	stamped by a licensed engineer, landscape architect or architect, (B) a 141
	191	+	site survey, (C) a parking plan, (D) a traffic study or plan, (E) a sign plan, 142
	192	+	(F) a soil erosion and sediment control plan, (G) a photometric lighting 143
	193	+	plan, or (H) a stormwater management plan, provided such person 144
	194	+	submits, at a minimum, a drawing or illustration, roughly to scale or 145
	195	+	dimensioned and depicting with reasonable accuracy the outdoor area 146
	196	+	that is proposed to be used and what is proposed to be placed, built or 147
	197	+	erected in the outdoor area and a narrative that details any noise, waste 148
	198	+	management, odor, light pollution and environmental impacts expected 149
	199	+	for such outdoor area and an explanation regarding how such impacts 150
	200	+	will be mitigated. The local enforcement official reviewing such 151
	201	+	application may require an applicant to submit additional information 152
	202	+	that he or she deems necessary to protect public health, safety or the 153
	203	+	environment, provided such official shall consider the need for 154
	204	+	expedited review of such applications. 155
	205	+	(2) Notwithstanding any provision of the applicable laws of the state, 156
	206	+	for the period of time commencing on the effective date of this section 157
	207	+	and ending June 30, 2022, each local enforcement official shall approve, 158
	208	+	approve with conditions or reject any application for outdoor activities 159
	209	+	and notify each applicant of such decision in a manner prescribed by the 160
	210	+	local enforcement official not later than (A) ten days after the receipt of 161
	211	+	such application, or (B) ten days after the receipt of any additional 162
	212	+	information requested by the local enforcement official pursuant to 163
	213	+	subdivision (1) of this subsection. The failure of any local enforcement 164
	214	+	official to provide such notice shall be deemed to be an approval of such 165
	215	+	application. 166
	216	+	(3) Notwithstanding any provision of the applicable laws of the state, 167
	217	+	if a local enforcement official approves with conditions or rejects an 168 Substitute Bill No. 6606
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	224	+	application pursuant to subdivision (2) of this subsection, the applicant 169
	225	+	may appeal such decision, not later than seven days after the receipt of 170
	226	+	notice of such decision, to the zoning commission, planning and zoning 171
	227	+	commission or chief elected official of the municipality, as applicable. A 172
	228	+	public hearing shall not be required for any such appeal. 173
	229	+	(4) Notwithstanding any provision of the applicable laws of the state, 174
	230	+	for the period of time commencing on the effective date of this section 175
	231	+	and ending June 30, 2022, nothing in this subsection shall affect an 176
	232	+	individual's right to submit a complaint to any relevant municipal 177
	233	+	authority or the right of any such municipal authority to enforce 178
	234	+	conditions associated with a permitted outdoor activity, impose fines or 179
	235	+	issue a notice of violation or a cease and desist order. 180
	236	+	(5) Notwithstanding any provision of the applicable laws of the state, 181
	237	+	for the period of time commencing on the effective date of this section 182
	238	+	and ending June 30, 2022, no fees shall be imposed for the filing of any 183
	239	+	application to engage in outdoor activities. 184
	240	+	(f) Notwithstanding any provision of the applicable laws of the state, 185
	241	+	for the period of time commencing on the effective date of this section 186
	242	+	and ending June 30, 2022, the zoning commission, planning and zoning 187
	243	+	commission or chief elected official of each municipality shall allow any 188
	244	+	licensee or permittee of a food establishment operating in such 189
	245	+	municipality to engage in outdoor food and beverage service on any 190
	246	+	nearby lot, zoning lot, street face or yard, provided the owner of any 191
	247	+	such lot, street face or yard on which such outdoor activity is proposed 192
	248	+	to take place provides written permission for such outdoor activity to 193
	249	+	the local enforcement official and such lot, street face or yard is zoned 194
	250	+	for commercial use or located in a commercial zoning district. 195
	251	+	(g) (1) Notwithstanding any provision of the applicable laws of the 196
	252	+	state, for the period of time commencing on the effective date of this 197
	253	+	section and ending June 30, 2022, the zoning commission, planning and 198
	254	+	zoning commission or chief elected official of each municipality shall 199
	255	+	allow any licensee or permittee of a food establishment operating in 200 Substitute Bill No. 6606
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	262	+	such municipality to engage in outdoor activities on public sidewalks or 201
	263	+	other nonvehicular public rights-of-way, provided a six-foot clearance 202
	264	+	for pedestrian passage is maintained and such food establishment 203
	265	+	complies with any other reasonable restrictions imposed by the 204
	266	+	municipal department with jurisdiction over sidewalk obstruction 205
	267	+	permits. 206
	268	+	(2) Notwithstanding any provision of the applicable laws of the state, 207
	269	+	for the period of time commencing on the effective date of this section 208
	270	+	and ending June 30, 2022, the Department of Transportation may allow 209
	271	+	any licensee or permittee of a food establishment to engage in outdoor 210
	272	+	activities on a nonvehicular portion of a state highway right-of-way, 211
	273	+	provided the department may establish any conditions on such use, as 212
	274	+	deemed necessary by the Commissioner of Transportation. 213
	275	+	(h) (1) Notwithstanding any provision of the applicable laws of the 214
	276	+	state, for the period of time commencing on the effective date of this 215
	277	+	section and ending June 30, 2022, any municipal official having 216
	278	+	jurisdiction over local roads, in consultation with each municipality's 217
	279	+	local traffic authority, may close a local road to permit outdoor activities 218
	280	+	without conducting a public hearing, provided, if such local road is used 219
	281	+	for public transportation routes, such official shall consult with the 220
	282	+	Department of Transportation. 221
	283	+	(2) (A) Notwithstanding the provisions of section 14-298-262 of the 222
	284	+	regulations of Connecticut state agencies, for the period of time 223
	285	+	commencing on the effective date of this section and ending June 30, 224
	286	+	2022, outdoor activities shall be considered a special event for the 225
	287	+	purposes of said section. 226
	288	+	(B) Notwithstanding any provision of the applicable laws of the state, 227
	289	+	for the period of time commencing on the effective date of this section 228
	290	+	and ending June 30, 2022, any municipality shall submit a request for a 229
	291	+	special event permit to the Department of Transportation before closing 230
	292	+	any part of a vehicular portion of a state highway right-of-way for 231
	293	+	outdoor activities, in accordance with the provisions of section 14-298-232 Substitute Bill No. 6606
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	300	+	262 of the regulations of Connecticut state agencies. The Department of 233
	301	+	Transportation shall expedite its review of any such request. 234
	302	+	(i) Notwithstanding any provision of the applicable laws of the state, 235
	303	+	nothing in this section shall not alter or affect a nonconforming use or 236
	304	+	structure as provided in section 8-2 of the general statutes. 237
	305	+	(j) Notwithstanding any provision of title 30 of the general statutes or 238
	306	+	any provision of the regulations of Connecticut state agencies, for the 239
	307	+	period of time commencing on the effective date of this section and 240
	308	+	ending June 30, 2022, no entity that is licensed to serve alcoholic 241
	309	+	beverages shall be required to obtain a patio or extension of use permit 242
	310	+	to engage in outdoor activities, provided such entity: (1) Complies with 243
	311	+	the provisions of this section; (2) complies with any rules for outdoor 244
	312	+	dining, including, but not limited to, social distancing requirements 245
	313	+	issued by the Department of Economic and Community Development 246
	314	+	in response to the COVID-19 pandemic; (3) complies with any 247
	315	+	municipal requirements related to outdoor dining or the sale of 248
	316	+	alcoholic beverages that are consistent with the provisions of this 249
	317	+	section; (4) complies with any provision of title 30 of the general statutes 250
	318	+	or regulations of Connecticut state agencies regarding the prohibition of 251
	319	+	the sale of alcohol to minors or intoxicated persons or regarding 252
	320	+	restrictions on the times such entity may serve alcoholic beverages; (5) 253
	321	+	only serves alcoholic beverages to customers who also consume food 254
	322	+	prepared on such entity's premises or from a food truck located adjacent 255
	323	+	to such entity's premises; (6) does not maintain an outdoor consumer 256
	324	+	bar, as defined in section 30-62a of the general statutes; (7) does not 257
	325	+	provide live entertainment, except that such entity may provide live 258
	326	+	entertainment if such entertainment was previously permitted in such 259
	327	+	entity's outdoor space or such entity obtains permission pursuant to this 260
	328	+	section to provide outdoor entertainment and such entertainment 261
	329	+	complies with any social distancing requirements issued by the 262
	330	+	Department of Economic and Community Development in response to 263
	331	+	the COVID-19 pandemic; and (8) if such entity is a caterer, only serves 264
	332	+	alcoholic beverages at locations with on-premises permits for the service 265 Substitute Bill No. 6606
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	339	+	of alcoholic beverages. 266
	340	+	(k) The provisions of this section shall be liberally construed to 267
	341	+	promote the continuation of outdoor dining, as permitted by Executive 268
	342	+	Order No. 7MM of Governor Ned Lamont. 269
	343	+	This act shall take effect as follows and shall amend the following
	344	+	sections:
	345	+
	346	+	Section 1 from passage New section
	347	+	Sec. 2 from passage New section
	348	+	Sec. 3 from passage New section
	349	+
	350	+	CE Joint Favorable Subst.
81	351