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7 | + | General Assembly Substitute Bill No. 6646 | |
8 | + | January Session, 2021 | |
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2 | 10 | ||
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4 | - | Substitute House Bill No. 6646 | |
5 | - | ||
6 | - | Public Act No. 21-120 | |
7 | 12 | ||
8 | 13 | ||
9 | 14 | AN ACT CONCERNING CR UMBLING CONCRETE FOU NDATIONS. | |
10 | 15 | Be it enacted by the Senate and House of Representatives in General | |
11 | 16 | Assembly convened: | |
12 | 17 | ||
13 | - | Section 1. Section 29-265d of the general statutes is repealed and the | |
14 | - | following is substituted in lieu thereof (Effective from passage): | |
15 | - | (a) Any owner of a residential building who has obtained a written | |
16 | - | evaluation from a professional engineer licensed pursuant to chapter | |
17 | - | 391 indicating that the foundation of such residential building was made | |
18 | - | with defective concrete may provide a copy of such evaluation to the | |
19 | - | assessor and request a reassessment of the residential building by the | |
20 | - | assessor. Not later than ninety days after receipt of a copy of such | |
21 | - | evaluation, or prior to the commencement of the assessment year next | |
22 | - | following, whichever is earlier, the assessor, member of the assessor's | |
23 | - | staff or person designated by the assessor shall inspect the residential | |
24 | - | building and adjust its assessment to reflect its current value. Such | |
25 | - | reassessment may be appealed pursuant to section 12-111. Any | |
26 | - | reassessment under this section shall apply [for five assessment years, | |
27 | - | notwithstanding the provisions of section 12-62.] until the next | |
28 | - | revaluation becomes effective or the concrete foundation is repaired or | |
29 | - | replaced, and the assessor, member of the assessor's staff or person | |
30 | - | designated by the assessor adjusts the assessment of the residential | |
31 | - | building, whichever is earlier. Substitute House Bill No. 6646 | |
18 | + | Section 1. Section 29-265d of the general statutes is repealed and the 1 | |
19 | + | following is substituted in lieu thereof (Effective from passage): 2 | |
20 | + | (a) Any owner of a residential building who has obtained a written 3 | |
21 | + | evaluation from a professional engineer licensed pursuant to chapter 4 | |
22 | + | 391 indicating that the foundation of such residential building was made 5 | |
23 | + | with defective concrete may provide a copy of such evaluation to the 6 | |
24 | + | assessor and request a reassessment of the residential building by the 7 | |
25 | + | assessor. Not later than ninety days after receipt of a copy of such 8 | |
26 | + | evaluation, or prior to the commencement of the assessment year next 9 | |
27 | + | following, whichever is earlier, the assessor, member of the assessor's 10 | |
28 | + | staff or person designated by the assessor shall inspect the residential 11 | |
29 | + | building and adjust its assessment to reflect its current value. Such 12 | |
30 | + | reassessment may be appealed pursuant to section 12-111. Any 13 | |
31 | + | reassessment under this section shall apply [for five assessment years] 14 | |
32 | + | until the assessor, member of the assessor's staff or person designated 15 | |
33 | + | by the assessor adjusts the assessment of the residential building 16 | |
34 | + | pursuant to subsection (b) of this section, notwithstanding the 17 | |
35 | + | provisions of section 12-62. 18 Substitute Bill No. 6646 | |
32 | 36 | ||
33 | - | Public Act No. 21-120 2 of 10 | |
34 | 37 | ||
35 | - | (b) Notwithstanding the provisions of section 12-62, any property | |
36 | - | that has had its assessment adjusted pursuant to subsection (a) of this | |
37 | - | section shall be assessed during each revaluation cycle to reflect its | |
38 | - | current value. | |
39 | - | [(b)] (c) An owner of a residential building that has obtained a | |
40 | - | reassessment pursuant to this section shall notify the assessor if the | |
41 | - | concrete foundation is repaired or replaced. [during the five assessment | |
42 | - | years for which the reassessment is effective.] Such notification shall be | |
43 | - | made in writing within thirty days of the repair or replacement of the | |
44 | - | concrete foundation. Not later than ninety days after receipt of such | |
45 | - | notification, or prior to the commencement of the assessment year next | |
46 | - | following, whichever is earlier, the assessor, member of the assessor's | |
47 | - | staff or person designated by the assessor shall inspect the residential | |
48 | - | building and adjust its assessment to reflect its current value. | |
49 | - | Sec. 2. Subdivision (2) of subsection (b) of section 38a-91vv of the | |
50 | - | general statutes is repealed and the following is substituted in lieu | |
51 | - | thereof (Effective July 1, 2021): | |
52 | - | (2) Establish a board of directors who shall serve in a volunteer | |
53 | - | capacity. The membership of the board of directors shall include, but | |
54 | - | need not be limited to, a real estate agent or broker, two owners of | |
55 | - | residential buildings who have concrete foundations that have | |
56 | - | deteriorated due to the presence of pyrrhotite, a chief executive or such | |
57 | - | chief executive's designee of a municipality in which residential | |
58 | - | buildings with concrete foundations that have deteriorated due to the | |
59 | - | presence of pyrrhotite are located, an individual with professional | |
60 | - | investment experience and currently registered as an investment | |
61 | - | adviser pursuant to title 36b, the executive directors of the Capitol | |
62 | - | Region Council of Governments and the Northeastern Connecticut | |
63 | - | Council of Governments or such executive directors' designees and | |
64 | - | representatives from the insurance and banking industries, who shall | |
65 | - | not have professional relationships with any bank or insurance Substitute House Bill No. 6646 | |
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42 | + | (b) An owner of a residential building that has obtained a 19 | |
43 | + | reassessment pursuant to this section shall notify the assessor if the 20 | |
44 | + | concrete foundation is repaired or replaced. [during the five assessment 21 | |
45 | + | years for which the reassessment is effective.] Such notification shall be 22 | |
46 | + | made in writing within thirty days of the repair or replacement of the 23 | |
47 | + | concrete foundation. Not later than ninety days after receipt of such 24 | |
48 | + | notification, or prior to the commencement of the assessment year next 25 | |
49 | + | following, whichever is earlier, the assessor, member of the assessor's 26 | |
50 | + | staff or person designated by the assessor shall inspect the residential 27 | |
51 | + | building and adjust its assessment to reflect its current value. 28 | |
52 | + | Sec. 2. Subsection (i) of section 38a-91vv of the general statutes is 29 | |
53 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 30 | |
54 | + | 2021): 31 | |
55 | + | (i) The captive insurance company shall continue [until June 30, 2022, 32 | |
56 | + | or] until its existence is terminated by law. Upon the termination of the 33 | |
57 | + | existence of the company, all its right and properties shall pass to and 34 | |
58 | + | be vested in the state of Connecticut. 35 | |
59 | + | Sec. 3. (NEW) (Effective July 1, 2021) (a) For the purposes of this 36 | |
60 | + | section, "qualified geologist" means a geologist certified by the 37 | |
61 | + | American Institute of Professional Geologists, licensed by the National 38 | |
62 | + | Association of State Boards of Geology or certified or licensed by 39 | |
63 | + | another organization deemed suitable by the State Geologist. 40 | |
64 | + | (b) Not later than January 1, 2022, and every four years thereafter, the 41 | |
65 | + | operator of each quarry in this state that produces aggregate for use in 42 | |
66 | + | concrete shall prepare a geological source report and provide such 43 | |
67 | + | report to the State Geologist. Such report shall be prepared in a form and 44 | |
68 | + | manner prescribed by the State Geologist, and shall include, but need 45 | |
69 | + | not be limited to, (1) the operations plan and mining, processing, storage 46 | |
70 | + | and quality control methods utilized by such operator, (2) a description 47 | |
71 | + | of the characteristics of the aggregate to be excavated at such quarry, 48 | |
72 | + | which shall be prepared by a qualified geologist, (3) a description of the 49 | |
73 | + | products to be produced by such quarry, (4) a copy of the results of an 50 Substitute Bill No. 6646 | |
68 | 74 | ||
69 | - | company that has a financial interest in residential buildings subject to | |
70 | - | the provisions of this section and sections 7-374b, 8-441, 8-442, 8-443, 8- | |
71 | - | 444, subparagraph (B) of subdivision (20) of subsection (a) of section 12- | |
72 | - | 701 and section 29-265f. The speaker, the minority leader of the House | |
73 | - | of Representatives, the president pro tempore of the Senate and the | |
74 | - | Senate Republican president pro tempore shall each appoint a member | |
75 | - | of the General Assembly as a nonvoting, ex-officio member of the board | |
76 | - | of directors. The Governor shall appoint two members to the board of | |
77 | - | directors, one of whom shall be appointed as a nonvoting, ex-officio | |
78 | - | member. It shall not constitute a conflict of interest for a member of the | |
79 | - | board of directors, who is the owner of a residential building which has | |
80 | - | a concrete foundation that has deteriorated due to the presence of | |
81 | - | pyrrhotite, or the spouse or dependent child of such member, to apply | |
82 | - | for or receive assistance from the captive insurance company | |
83 | - | established under this section, to repair or replace such concrete | |
84 | - | foundation, provided such member shall abstain from deliberation, | |
85 | - | action or vote by the board of directors in specific respect to such | |
86 | - | member's application or the application of such spouse or dependent | |
87 | - | child; | |
88 | - | Sec. 3. Subsection (i) of section 38a-91vv of the general statutes is | |
89 | - | repealed and the following is substituted in lieu thereof (Effective July 1, | |
90 | - | 2021): | |
91 | - | (i) The captive insurance company shall continue [until June 30, 2022, | |
92 | - | or] until its existence is terminated by law. Upon the termination of the | |
93 | - | existence of the company, all its right and properties shall pass to and | |
94 | - | be vested in the state of Connecticut. | |
95 | - | Sec. 4. (Effective July 1, 2021) Not later than January 1, 2023, the captive | |
96 | - | insurance company established pursuant to section 38a-91vv of the | |
97 | - | general statutes, as amended by this act, shall submit a report, in | |
98 | - | accordance with the provisions of section 11-4a of the general statutes, | |
99 | - | to the joint standing committees of the General Assembly having Substitute House Bill No. 6646 | |
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103 | - | cognizance of matters relating to insurance and planning and | |
104 | - | development. Such report shall include, but not be limited to, an | |
105 | - | analysis of the extent of the damage caused to concrete foundations in | |
106 | - | nonresidential buildings in the state due to the presence of pyrrhotite in | |
107 | - | such concrete. | |
108 | - | Sec. 5. Section 8-446 of the general statutes is repealed and the | |
109 | - | following is substituted in lieu thereof (Effective July 1, 2021): | |
110 | - | (a) There is established an account to be known as the "Healthy | |
111 | - | Homes Fund" which shall be a separate, nonlapsing account within the | |
112 | - | General Fund. The account shall contain any moneys required by law to | |
113 | - | be deposited in the account. Moneys in the account shall be expended | |
114 | - | by the Department of Housing for the purposes of: | |
115 | - | (1) Funding of not more than one million dollars, from remittances | |
116 | - | transferred pursuant to section 38a-331 for the period beginning January | |
117 | - | 1, 2019, and ending December 31, 2019, shall be remitted to the | |
118 | - | Department of Economic and Community Development to be used for | |
119 | - | grants-in-aid to homeowners with homes located in the immediate | |
120 | - | vicinity of the West River in the Westville section of New Haven and | |
121 | - | Woodbridge for structurally damaged homes due to subsidence and to | |
122 | - | homeowners with homes abutting the Yale Golf Course in the Westville | |
123 | - | section of New Haven for damage to such homes from water infiltration | |
124 | - | or structural damage due to subsidence; [and] | |
125 | - | (2) Funding a program, and any related administrative expense, to | |
126 | - | reduce health and safety hazards in residential dwellings in | |
127 | - | Connecticut, including, but not limited to, lead, radon and other | |
128 | - | contaminants or conditions, through removal, remediation, abatement | |
129 | - | and other appropriate methods. For purposes of this subdivision, | |
130 | - | "administrative expense" means any administrative or other cost or | |
131 | - | expense incurred by the Department of Housing in carrying out the | |
132 | - | provisions of this section, including, but not limited to, the hiring of Substitute House Bill No. 6646 | |
80 | + | inspection of face material and geologic log analysis completed in the 51 | |
81 | + | previous year by a qualified geologist, and (5) analyses of core samples, 52 | |
82 | + | completed in the previous year by a qualified geologist, unless such 53 | |
83 | + | quarry has a satisfactory performance history as determined by the State 54 | |
84 | + | Geologist. 55 | |
85 | + | Sec. 4. (NEW) (Effective from passage) (a) Not later than January 1, 2023, 56 | |
86 | + | the Commissioner of Consumer Protection shall, in consultation with 57 | |
87 | + | the State Geologist, adopt regulations, in accordance with chapter 54 of 58 | |
88 | + | the general statutes, to develop standards for the testing of aggregates 59 | |
89 | + | produced by quarries for use in the production of concrete. Such 60 | |
90 | + | standards shall include, but not be limited to, a requirement that such 61 | |
91 | + | aggregates be tested to determine the total sulfur content of the 62 | |
92 | + | aggregates, and identify the presence of pyrrhotite. 63 | |
93 | + | (b) The standards developed pursuant to subsection (a) of this section 64 | |
94 | + | shall minimally require: 65 | |
95 | + | (1) The performance of a rapid total sulfur test on a ten-pound sample 66 | |
96 | + | of aggregate by any of the following means: (A) X-ray fluorescence 67 | |
97 | + | analysis, (B) purge and trap gas chromatography analysis, or (C) 68 | |
98 | + | analysis by combustion furnace; 69 | |
99 | + | (2) That if the results of the test performed pursuant to subdivision 70 | |
100 | + | (1) of this subsection reveal that the total sulfur content of the sample in 71 | |
101 | + | per cent by mass is (A) less than one-tenth per cent, the aggregate shall 72 | |
102 | + | be approved for use for a period of four years, and the results of the test 73 | |
103 | + | shall be filed with the State Geologist, (B) equal to or greater than one 74 | |
104 | + | per cent, the aggregate shall not be permitted for use, and (C) less than 75 | |
105 | + | one per cent and equal to or greater than one-tenth per cent, the sample 76 | |
106 | + | shall be subjected to the standards described in subdivision (3) of this 77 | |
107 | + | subsection; and 78 | |
108 | + | (3) If the total sulfur content of the sample in per cent by mass is less 79 | |
109 | + | than one per cent and equal to or greater than one-tenth per cent, the 80 | |
110 | + | performance of x-ray diffraction, magnetic susceptibility or 81 Substitute Bill No. 6646 | |
133 | 111 | ||
134 | - | Public Act No. 21-120 5 of 10 | |
135 | 112 | ||
136 | - | necessary employees and entering into necessary contracts; and | |
137 | - | (3) Funding of not more than one hundred seventy-five thousand | |
138 | - | dollars, from remittances transferred pursuant to section 38a-331 for the | |
139 | - | period beginning January 1, 2021, and ending December 31, 2021, shall | |
140 | - | be remitted to the captive insurance company established pursuant to | |
141 | - | section 38a-91vv, as amended by this act, to be used for the research and | |
142 | - | development of the report described in section 4 of this act and any | |
143 | - | related administrative expense. Such sum shall not be considered in | |
144 | - | calculating the total funds allocated or made available to the captive | |
145 | - | insurance company used for administrative or operational costs | |
146 | - | pursuant to section 38a-91vv, as amended by this act. | |
147 | - | (b) The Department of Housing shall notify the Department of Public | |
148 | - | Health not later than thirty days after the deposit of remittances in the | |
149 | - | Healthy Homes Fund pursuant to subdivision (2) of subsection (c) of | |
150 | - | section 38a-331. Not later than thirty days after the deposit of | |
151 | - | remittances pursuant to subdivision (2) of subsection (c) of section 38a- | |
152 | - | 331, the Department of Public Health shall notify each municipal health | |
153 | - | department in the state annually regarding funds available pursuant to | |
154 | - | the Healthy Homes Fund established pursuant to subsection (a) of this | |
155 | - | section. | |
156 | - | (c) Not later than January 1, 2020, and annually thereafter, the | |
157 | - | Commissioner of Housing shall report to the joint standing committees | |
158 | - | of the General Assembly having cognizance of matters relating to | |
159 | - | housing, planning and development and appropriations and the | |
160 | - | budgets of state agencies, in accordance with section 11-4a, regarding | |
161 | - | the status of the Healthy Homes Fund established pursuant to this | |
162 | - | section and all moneys deposited into and expended by the Department | |
163 | - | of Housing pursuant to said account. Any such report may be submitted | |
164 | - | electronically. | |
165 | - | Sec. 6. Subdivision (28) of subsection (b) of section 1-210 of the general Substitute House Bill No. 6646 | |
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117 | + | petrographic analyses to determine the presence and relative 82 | |
118 | + | abundance of pyrrhotite in the sample. If no pyrrhotite is present in the 83 | |
119 | + | sample, the aggregate shall be approved for use for a period of one year 84 | |
120 | + | and the results of the test shall be filed with the State Geologist. If 85 | |
121 | + | pyrrhotite is present in the sample, a petrographic analysis shall be 86 | |
122 | + | conducted to determine the acceptance and use of the aggregate. 87 | |
123 | + | Sec. 5. (NEW) (Effective from passage) (a) For the purposes of this 88 | |
124 | + | section: 89 | |
125 | + | (1) "Authority" means the Connecticut Housing Finance Authority 90 | |
126 | + | created pursuant to section 8-244 of the general statutes; 91 | |
127 | + | (2) "Captive insurance company" means the captive insurance 92 | |
128 | + | company established pursuant to section 38a-91vv of the general 93 | |
129 | + | statutes, as amended by this act; 94 | |
130 | + | (3) "Pledged revenues" means deposits transferred pursuant to 95 | |
131 | + | subdivision (2) of subsection (c) of section 38a-331 of the general 96 | |
132 | + | statutes, as amended by this act, to the Crumbling Foundations 97 | |
133 | + | Assistance Fund, established pursuant to section 8-441 of the general 98 | |
134 | + | statutes; and 99 | |
135 | + | (4) "Revenue bonds" means bonds issued by the authority pursuant 100 | |
136 | + | to this section. 101 | |
137 | + | (b) The authority shall have the power to make loans from time to 102 | |
138 | + | time to the captive insurance company for the purposes of funding the 103 | |
139 | + | payment of claims by the captive insurance company. Any such loans 104 | |
140 | + | shall be deposited into the Crumbling Foundations Assistance Fund, 105 | |
141 | + | established pursuant to section 8-441 of the general statutes, and repaid 106 | |
142 | + | by the captive insurance company solely from pledged revenues. 107 | |
143 | + | (c) The authority shall have power to issue bonds in an aggregate 108 | |
144 | + | principal amount not to exceed one hundred million dollars, the 109 | |
145 | + | proceeds of which shall be used to make loans to the captive insurance 110 | |
146 | + | company pursuant to subsection (b) of this section, pay the costs of 111 Substitute Bill No. 6646 | |
168 | 147 | ||
169 | - | statutes is repealed and the following is substituted in lieu thereof | |
170 | - | (Effective July 1, 2021): | |
171 | - | (28) Any [documentation provided to or obtained] records | |
172 | - | maintained or kept on file by an executive branch agency or public | |
173 | - | institution of higher education, including documentation [provided] | |
174 | - | prepared or obtained prior to May 25, 2016, relating to claims of or | |
175 | - | testing for faulty or failing concrete foundations in residential buildings | |
176 | - | [by the owners of such residential buildings,] and documents or | |
177 | - | materials prepared by an executive branch agency or public institution | |
178 | - | of higher education relating to such [documentation, for seven years | |
179 | - | after the date of receipt of the documentation or seven years after May | |
180 | - | 25, 2016, whichever is later] records. | |
181 | - | Sec. 7. Section 29-265e of the general statutes is repealed and the | |
182 | - | following is substituted in lieu thereof (Effective July 1, 2021): | |
183 | - | Any documentation provided to or obtained by an executive branch | |
184 | - | agency, including documentation provided or obtained prior to May 25, | |
185 | - | 2016, relating to claims of faulty or failing concrete foundations in | |
186 | - | residential buildings by the owners of such residential buildings, and | |
187 | - | documents prepared by an executive branch agency relating to such | |
188 | - | documentation, shall be maintained as confidential by such agency. [for | |
189 | - | not less than seven years after the date of receipt of the documentation | |
190 | - | or seven years after May 25, 2016, whichever is later.] | |
191 | - | Sec. 8. (NEW) (Effective July 1, 2021) (a) For the purposes of this | |
192 | - | section, "qualified geologist" means a geologist certified by the | |
193 | - | American Institute of Professional Geologists, licensed by the National | |
194 | - | Association of State Boards of Geology or certified or licensed by | |
195 | - | another organization deemed suitable by the State Geologist. | |
196 | - | (b) (1) Not later than January 1, 2022, the operator of any quarry | |
197 | - | established on or before July 1, 2021, that produces aggregate for use in Substitute House Bill No. 6646 | |
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201 | - | concrete intended for use or sale shall prepare a geological source report | |
202 | - | and provide such report to the State Geologist and Commissioner of | |
203 | - | Energy and Environmental Protection. Such report shall be prepared in | |
204 | - | a form and manner prescribed by the commissioner, and shall include, | |
205 | - | but need not be limited to, (A) the mining, processing, storage and | |
206 | - | quality control methods utilized by such operator, (B) a description of | |
207 | - | the characteristics of the aggregate to be excavated at such quarry, | |
208 | - | which shall be prepared by a qualified geologist, (C) a description of the | |
209 | - | products to be produced by such quarry, (D) a copy of the results of an | |
210 | - | inspection of face material and geologic log analysis completed by a | |
211 | - | qualified geologist, and (E) analyses of core samples, completed by a | |
212 | - | qualified geologist, unless such quarry is active and has a satisfactory | |
213 | - | performance history as determined by the commissioner. Not later than | |
214 | - | January 1, 2026, and every four years thereafter, such operator shall | |
215 | - | update such report and provide such updated report to the State | |
216 | - | Geologist and commissioner. | |
217 | - | (2) The operator of any quarry established after July 1, 2021, that | |
218 | - | intends to produce aggregate for use in concrete intended for use or sale | |
219 | - | shall prepare a geological source report, described in subdivision (1) of | |
220 | - | this subsection, and provide such report to the State Geologist and | |
221 | - | commissioner prior to offering such aggregate for use or sale. Such | |
222 | - | operator shall update such report every four years thereafter and | |
223 | - | provide such updated report to the State Geologist and commissioner. | |
224 | - | (3) Not later than January 1, 2022, and annually thereafter, the | |
225 | - | operator of each quarry that produces aggregate for use in concrete | |
226 | - | intended for use or sale shall provide such quarry's operations plan to | |
227 | - | the State Geologist and commissioner. | |
228 | - | Sec. 9. (NEW) (Effective July 1, 2021) (a) Except as provided in | |
229 | - | subsection (c) of this section, not later than July 1, 2022, and not less than | |
230 | - | annually thereafter, the operator of each quarry that sells or provides | |
231 | - | aggregate intended for use in concrete, shall submit a written report to Substitute House Bill No. 6646 | |
153 | + | issuance and capitalized interest and fund any necessary reserves, 112 | |
154 | + | including, but not limited to, any special capital reserve fund 113 | |
155 | + | established by the authority. All powers of the authority with respect to 114 | |
156 | + | the issuance of bonds, including, but not limited to, the establishment of 115 | |
157 | + | any special capital reserve fund, shall be applicable to the issuance of 116 | |
158 | + | revenue bonds. 117 | |
159 | + | (d) To secure the repayment of such bonds, all amounts paid and to 118 | |
160 | + | be paid to the authority pursuant to section 38a-331 of the general 119 | |
161 | + | statutes, as amended by this act, are irrevocably assigned and pledged 120 | |
162 | + | to the authority to secure the due and punctual payment of the principal 121 | |
163 | + | of and interest on revenue bonds and redemption premium, if any, with 122 | |
164 | + | respect to such bonds. Such assignment and pledge shall continue in 123 | |
165 | + | existence if the Crumbling Foundations Assistance Fund, established 124 | |
166 | + | pursuant to section 8-441 of the general statutes, or captive insurance 125 | |
167 | + | company are no longer in existence. Such assignment and pledge shall 126 | |
168 | + | secure all revenue bonds equally and be prior in interest to any claim of 127 | |
169 | + | any party to such pledged revenues, including any holder of general 128 | |
170 | + | obligation bonds of the state. The pledge of pledged revenues in this 129 | |
171 | + | section is made by the state by operation of law through this section, 130 | |
172 | + | and as a statutory lien is effective without any further act or agreement 131 | |
173 | + | by the state, and shall be valid and binding from the time the pledge is 132 | |
174 | + | made, and any revenues or other receipts, funds or moneys so pledged 133 | |
175 | + | and received by the state shall be subject immediately to the lien of such 134 | |
176 | + | pledge without any physical delivery thereof or further act. The lien of 135 | |
177 | + | any such pledge shall be valid and binding as against all parties having 136 | |
178 | + | claims of any kind in tort, contract, or otherwise against the state, 137 | |
179 | + | irrespective of whether such parties have notice thereof. In the 138 | |
180 | + | proceedings authorizing any revenue bonds, the authority may pledge 139 | |
181 | + | such revenues to secure payment of such revenue bonds and may direct 140 | |
182 | + | payment of the pledged revenues directly to the trustee under the 141 | |
183 | + | indenture providing for the issuance of the revenue bonds. Any pledged 142 | |
184 | + | revenues not required pursuant to the terms of any such indenture to be 143 | |
185 | + | held or used for payment of the revenue bonds may be released to the 144 | |
186 | + | authority for payment over to the Crumbling Foundations Assistance 145 Substitute Bill No. 6646 | |
232 | 187 | ||
233 | - | Public Act No. 21-120 8 of 10 | |
234 | 188 | ||
235 | - | the Commissioner of Energy and Environmental Protection and the | |
236 | - | State Geologist, containing the results of a third-party test of the sulfur | |
237 | - | content of such aggregate. Such test shall be conducted by a third-party | |
238 | - | certified or accredited to conduct testing in accordance with American | |
239 | - | Society for Testing Materials standard C33/C33M, Standar d | |
240 | - | Specification for Concrete Aggregates. Such certification or | |
241 | - | accreditation shall be provided by the International Organization for | |
242 | - | Standardization, United States Army Corps of Engineers, American | |
243 | - | Association of State Highway and Transportation Officials, | |
244 | - | International Accreditation Service or a similar organization. | |
245 | - | (b) Each test conducted pursuant to subsection (a) of this section shall | |
246 | - | include: | |
247 | - | (1) The performance of a rapid total sulfur test on a ten-pound sample | |
248 | - | of aggregate by any of the following means: (A) X-ray fluorescence | |
249 | - | analysis, (B) purge and trap gas chromatography analysis, (C) analysis | |
250 | - | by combustion furnace, or (D) other technology deemed at least as | |
251 | - | accurate by the State Geologist. Representative samples shall be | |
252 | - | collected and managed in accordance with American Society for Testing | |
253 | - | and Materials standard D75/D75M, Standard Practice for Sampling | |
254 | - | Aggregates, reduced to a size appropriate for laboratory testing and | |
255 | - | pulverized for analysis; | |
256 | - | (2) If the total sulfur content of the sample in per cent by mass is less | |
257 | - | than one per cent and equal to or greater than one-tenth per cent, the | |
258 | - | performance of x-ray diffraction, magnetic susceptibility or | |
259 | - | petrographic analyses to determine the presence and relative | |
260 | - | abundance of pyrrhotite in the sample; and | |
261 | - | (3) If the results of the test conducted pursuant to this section reveal | |
262 | - | that pyrrhotite is present in the sample, a petrographic analysis based | |
263 | - | on American Society for Testing and Materials standards C295, | |
264 | - | Standard Guide for Petrographic Examination of Aggregates for Substitute House Bill No. 6646 | |
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266 | - | Public Act No. 21-120 9 of 10 | |
193 | + | Fund, established pursuant to section 8-441 of the general statutes, for 146 | |
194 | + | the benefit of the captive insurance company. 147 | |
195 | + | (e) The state covenants with the purchasers and all subsequent 148 | |
196 | + | owners and transferees of revenue bonds issued by the authority 149 | |
197 | + | pursuant to this section, in consideration of the acceptance of the 150 | |
198 | + | payment for the bonds, until such bonds, together with the interest 151 | |
199 | + | thereon, with interest on any unpaid installment of interest and all costs 152 | |
200 | + | and expenses in connection with any action or proceeding on behalf of 153 | |
201 | + | such owners, are fully met and discharged, or unless expressly 154 | |
202 | + | permitted or otherwise authorized by the terms of each contract and 155 | |
203 | + | agreement made or entered into by or on behalf of the authority with or 156 | |
204 | + | for the benefit of such owners, that the state will collect and apply the 157 | |
205 | + | pledged revenues and other receipts, funds or moneys pledged for the 158 | |
206 | + | payment of debt service requirements as provided in this section, in 159 | |
207 | + | such amounts as may be necessary to pay such debt service 160 | |
208 | + | requirements in each year in which bonds are outstanding and further, 161 | |
209 | + | that the state (1) will not limit or alter the duties imposed on the 162 | |
210 | + | Treasurer and other officers of the state, including those of the authority 163 | |
211 | + | and the captive insurance company, by law and by the proceedings 164 | |
212 | + | authorizing the issuance of bonds with respect to application of pledged 165 | |
213 | + | revenues or other receipts, funds or moneys pledged for the payment of 166 | |
214 | + | debt service requirements as provided in said sections; (2) will not alter 167 | |
215 | + | the provisions applying pledged revenues to the debt service 168 | |
216 | + | requirements with respect to bonds or notes, or impose additional fees 169 | |
217 | + | or levies on the authority; (3) will not issue any bonds, notes or other 170 | |
218 | + | evidences of indebtedness, other than the bonds, having any rights 171 | |
219 | + | arising out of said sections or secured by any pledge of or other lien or 172 | |
220 | + | charge on the pledged revenues or other receipts, funds or moneys 173 | |
221 | + | pledged for the payment of debt service requirements as provided in 174 | |
222 | + | said sections, or authorize the authority to issue any such bonds, notes 175 | |
223 | + | or other evidences of indebtedness; (4) will not create or cause to be 176 | |
224 | + | created any lien or charge on such pledged amounts, other than a lien 177 | |
225 | + | or pledge created thereon pursuant to said sections, provided nothing 178 | |
226 | + | in this subsection shall prevent the state from issuing evidences of 179 Substitute Bill No. 6646 | |
267 | 227 | ||
268 | - | Concrete, and C294, Standard Descriptive Nomenclature for | |
269 | - | Constituents of Concrete Aggregates, shall be conducted to determine | |
270 | - | the acceptance and use of the aggregate. | |
271 | - | (c) If the results of the test conducted pursuant to this section reveal | |
272 | - | that the total sulfur content of the sample in per cent by mass is less than | |
273 | - | one-tenth per cent, an operator may sell or provide such aggregate for | |
274 | - | use in concrete for a period of four years beginning on the date of receipt | |
275 | - | of such test results and shall not be required to submit a report pursuant | |
276 | - | to subsection (a) of this section during such period. | |
277 | - | (d) If the results of the test conducted pursuant to this section reveal | |
278 | - | that the total sulfur content of the sample in per cent by mass is equal to | |
279 | - | or greater than one per cent, an operator shall not sell or provide such | |
280 | - | aggregate for use in concrete. | |
281 | - | (e) If the results of the test performed pursuant to this section reveal | |
282 | - | that the total sulfur content of the sample in per cent by mass is less than | |
283 | - | one per cent and equal to or greater than one-tenth per cent and (1) no | |
284 | - | pyrrhotite is present, an operator may sell or provide such aggregate for | |
285 | - | use in concrete for a period of one year beginning on the date of receipt | |
286 | - | of such test results; and (2) pyrrhotite is present, an operator shall not | |
287 | - | sell or provide such aggregate in a manner inconsistent with the | |
288 | - | acceptance and use indicated by the results of a petrographic analysis | |
289 | - | undertaken pursuant to this section or requirement or restriction | |
290 | - | established by the Commissioner of Energy and Environmental | |
291 | - | Protection pursuant to subsection (f) of this section. | |
292 | - | (f) The Commissioner of Energy and Environmental Protection, in | |
293 | - | consultation with the State Geologist, may, if the results of the test | |
294 | - | performed pursuant to this section reveal that the total sulfur content of | |
295 | - | the sample in per cent by mass is less than one per cent and equal to or | |
296 | - | greater than one-tenth per cent and pyrrhotite is present, (1) require the | |
297 | - | operator of the quarry to conduct additional testing, including but not Substitute House Bill No. 6646 | |
298 | 228 | ||
299 | - | Public Act No. 21-120 10 of 10 | |
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301 | - | limited to a mortar bar expansion test pursuant to American Society for | |
302 | - | Testing and Materials standard C1293, Standard Test Method for | |
303 | - | Determination of Length Change of Concrete Due to Alkali-Silica | |
304 | - | Reaction, or C227, Standard Test Method for Potential Alkali Reactivity | |
305 | - | of Cement-Aggregate Combinations; and (2) implement restrictions on | |
306 | - | the sale or use of aggregate from such quarry in concrete. | |
307 | - | (g) The Commissioner of Energy and Environmental Protection may | |
308 | - | adopt regulations, in accordance with chapter 54 of the general statutes, | |
309 | - | to implement the provisions of this section. Such regulations shall | |
310 | - | include, but not be limited to, definitions for the terms "rapid total sulfur | |
311 | - | test", "x-ray fluorescence analysis", "purge and trap gas chromatography | |
312 | - | analysis", "analysis by combustion furnace", "x-ray diffraction", | |
313 | - | "magnetic susceptibility analysis", "petrographic analysis" and "mortar | |
314 | - | bar expansion test". | |
233 | + | indebtedness (A) which are secured by a pledge or lien which is and 180 | |
234 | + | shall on the face thereof be expressly subordinate and junior in all 181 | |
235 | + | respects to every lien and pledge created by or pursuant to said sections; 182 | |
236 | + | or (B) which are secured by a pledge of or lien on moneys or funds 183 | |
237 | + | derived on or after such date as every pledge or lien thereon created by 184 | |
238 | + | or pursuant to said sections shall be discharged and satisfied; (5) will 185 | |
239 | + | carry out and perform, or cause to be carried out and performed, each 186 | |
240 | + | and every promise, covenant, agreement or contract made or entered 187 | |
241 | + | into by the state or on its behalf with the owners of any bonds; (6) will 188 | |
242 | + | not in any way impair the rights, exemptions or remedies of such 189 | |
243 | + | owners; and (7) will not limit, modify, rescind, repeal or otherwise alter 190 | |
244 | + | the rights or obligations of the appropriate officers of the state to impose, 191 | |
245 | + | maintain, charge or collect the taxes, fees, charges and other receipts 192 | |
246 | + | constituting the pledged revenues as may be necessary to produce 193 | |
247 | + | sufficient revenues to fulfill the terms of the proceedings authorizing the 194 | |
248 | + | issuance of the bonds. The state may amend the amount of the surcharge 195 | |
249 | + | imposed pursuant to section 38a-331 of the general statutes, as amended 196 | |
250 | + | by this act, provided such amendment, had it been in effect, would not 197 | |
251 | + | have reduced the pledged revenues for any twelve consecutive months 198 | |
252 | + | within the preceding fifteen months to less than an amount three times 199 | |
253 | + | the maximum debt service payable on bonds issued and outstanding 200 | |
254 | + | under this section for the current or any future fiscal year. The state may 201 | |
255 | + | provide that any pledged revenues payable by the authority to the 202 | |
256 | + | Crumbling Foundations Assistance Fund, established pursuant to 203 | |
257 | + | section 8-441 of the general statutes, for the benefit of the captive 204 | |
258 | + | insurance company may be paid over instead to the state or any of its 205 | |
259 | + | agencies or instrumentalities or pledged for any other purpose. The 206 | |
260 | + | authority may include this covenant of the state in any agreement with 207 | |
261 | + | the owner of any such bonds. 208 | |
262 | + | (f) The captive insurance company, the authority, the Commissioner 209 | |
263 | + | of Housing, the Insurance Commissioner and the State Treasurer are 210 | |
264 | + | each authorized to enter into agreements and memoranda of 211 | |
265 | + | understanding, in accordance with this section and in addition to any 212 | |
266 | + | other authorization for such agreements and memoranda of 213 Substitute Bill No. 6646 | |
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273 | + | understanding, as each shall consider appropriate to advance the 214 | |
274 | + | purposes of this section. In any such agreement or memoranda, the 215 | |
275 | + | captive insurance company is authorized to grant a security interest, if 216 | |
276 | + | any, in its right, title and interest in the pledged revenues to the 217 | |
277 | + | authority and to the trustee of the authority's revenue bonds, and make 218 | |
278 | + | filings with respect thereto pursuant to the filing provisions of part 5 of 219 | |
279 | + | article 9 of title 42a, provided no such grant or filing shall have the effect 220 | |
280 | + | of establishing any entitlement of the captive insurance company to 221 | |
281 | + | such pledged revenues or imply that the state shall have waived 222 | |
282 | + | sovereign immunity with respect thereto. 223 | |
283 | + | Sec. 6. Section 38a-331 of the general statutes is repealed and the 224 | |
284 | + | following is substituted in lieu thereof (Effective July 1, 2021): 225 | |
285 | + | (a) (1) There is imposed a twelve-dollar surcharge on the issuance or 226 | |
286 | + | renewal of each insurance policy providing: 227 | |
287 | + | (A) Personal risk insurance coverage for an owned dwelling in this 228 | |
288 | + | state with four or fewer units, except for a mobile home; 229 | |
289 | + | (B) Coverage for an individual unit in this state that is part of a 230 | |
290 | + | condominium, as such terms are defined in section 47-68a; or 231 | |
291 | + | (C) Coverage for an individual unit in this state that is part of a 232 | |
292 | + | common interest community and exclusively used for residential 233 | |
293 | + | purposes, as such terms are defined in section 47-202. 234 | |
294 | + | (2) The surcharge imposed under this subsection shall be assessed on 235 | |
295 | + | insurance policies issued or renewed during the period beginning on 236 | |
296 | + | January 1, 2019, and ending on December 31, [2029] 2041. Such 237 | |
297 | + | surcharge is not premium and shall not be considered premium for any 238 | |
298 | + | purpose. 239 | |
299 | + | (b) Payment of the surcharge imposed under subsection (a) of this 240 | |
300 | + | section shall be the obligation of the person that is first listed as an 241 | |
301 | + | insured under the policy, provided collection and remittance of such 242 | |
302 | + | surcharge may be effected in such manner as the insurer, insured and 243 Substitute Bill No. 6646 | |
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308 | + | ||
309 | + | any mortgagee may reasonably determine. Such surcharge is payable in 244 | |
310 | + | full upon commencement or renewal of coverage, and no portion of 245 | |
311 | + | such surcharge shall be reimbursed, whether on policy cancellation or 246 | |
312 | + | otherwise. 247 | |
313 | + | (c) (1) Acting [on behalf of, and] as a collection agent [of the Healthy 248 | |
314 | + | Homes Fund established pursuant to section 8-446] for the required 249 | |
315 | + | deposit of funds as prescribed by this section, each admitted insurer, or, 250 | |
316 | + | for nonadmitted insurers, one or more surplus lines brokers licensed 251 | |
317 | + | pursuant to section 38a-794 procuring from the nonadmitted insurer an 252 | |
318 | + | insurance policy providing coverage of a type described in subdivision 253 | |
319 | + | (1) of subsection (a) of this section, shall remit to the Insurance 254 | |
320 | + | Commissioner, not later than the thirtieth day of April annually, all 255 | |
321 | + | surcharges imposed under subsection (a) of this section on the named 256 | |
322 | + | insured that were collected during the calendar year next preceding. 257 | |
323 | + | Each such remittance shall include documentation, in the form and 258 | |
324 | + | manner prescribed by the commissioner, to substantiate the total 259 | |
325 | + | surcharge amount being remitted by such insurer or licensee. 260 | |
326 | + | (2) All such remittances under subdivision (1) of this subsection, 261 | |
327 | + | except for the amount of remittances equal to the cost of funding an 262 | |
328 | + | administrative officer position at the Insurance Department to facilitate 263 | |
329 | + | the surcharge collection, shall be deposited [in the Healthy Homes Fund 264 | |
330 | + | established in section 8-446. Not later than thirty days after such deposit 265 | |
331 | + | in the Healthy Homes Fund, eighty-five per cent of such deposits shall 266 | |
332 | + | be transferred to the Crumbling Foundations Assistance Fund 267 | |
333 | + | established in section 8-441.] as follows: (A) Eighty-five per cent of such 268 | |
334 | + | deposits shall be transferred, in accordance with this section, to the 269 | |
335 | + | Connecticut Housing Finance Authority created pursuant to section 8-270 | |
336 | + | 244, or if the authority shall not have made any loans to the captive 271 | |
337 | + | insurance company established pursuant to section 38a-91vv, as 272 | |
338 | + | amended by this act, to the Crumbling Foundations Assistance Fund 273 | |
339 | + | established pursuant to section 8-441, and (B) the balance shall be 274 | |
340 | + | deposited into the Healthy Homes Fund established pursuant to section 275 | |
341 | + | 8-446. Neither the Crumbling Foundations Assistance Fund nor the 276 Substitute Bill No. 6646 | |
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348 | + | captive insurance company shall have any right to any of such 277 | |
349 | + | remittances except under this section or any right to cause such 278 | |
350 | + | remittances to continue. 279 | |
351 | + | (3) The surcharge imposed under subsection (a) of this section shall 280 | |
352 | + | constitute a special purpose assessment for the purposes of section 12-281 | |
353 | + | 211. 282 | |
354 | + | (d) The commissioner may adopt regulations, in accordance with 283 | |
355 | + | chapter 54, to implement the provisions of this section. 284 | |
356 | + | Sec. 7. (Effective July 1, 2021) Not later than July 1, 2022, the captive 285 | |
357 | + | insurance company established pursuant to section 38a-91vv of the 286 | |
358 | + | general statutes, as amended by this act, shall submit a report, in 287 | |
359 | + | accordance with the provisions of section 11-4a of the general statutes, 288 | |
360 | + | to the joint standing committees of the General Assembly having 289 | |
361 | + | cognizance of matters relating to insurance and planning and 290 | |
362 | + | development. Such report shall include, but not be limited to, an 291 | |
363 | + | analysis of the extent of the damage caused to concrete foundations in 292 | |
364 | + | nonresidential buildings in the state due to the presence of pyrrhotite in 293 | |
365 | + | such concrete. 294 | |
366 | + | Sec. 8. Section 8-446 of the general statutes is repealed and the 295 | |
367 | + | following is substituted in lieu thereof (Effective July 1, 2021): 296 | |
368 | + | (a) There is established an account to be known as the "Healthy 297 | |
369 | + | Homes Fund" which shall be a separate, nonlapsing account within the 298 | |
370 | + | General Fund. The account shall contain any moneys required by law to 299 | |
371 | + | be deposited in the account. Moneys in the account shall be expended 300 | |
372 | + | by the Department of Housing for the purposes of: 301 | |
373 | + | (1) Funding of not more than one million dollars, from remittances 302 | |
374 | + | transferred pursuant to section 38a-331, as amended by this act, for the 303 | |
375 | + | period beginning January 1, 2019, and ending December 31, 2019, shall 304 | |
376 | + | be remitted to the Department of Economic and Community 305 | |
377 | + | Development to be used for grants-in-aid to homeowners with homes 306 | |
378 | + | located in the immediate vicinity of the West River in the Westville 307 Substitute Bill No. 6646 | |
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384 | + | ||
385 | + | section of New Haven and Woodbridge for structurally damaged 308 | |
386 | + | homes due to subsidence and to homeowners with homes abutting the 309 | |
387 | + | Yale Golf Course in the Westville section of New Haven for damage to 310 | |
388 | + | such homes from water infiltration or structural damage due to 311 | |
389 | + | subsidence; [and] 312 | |
390 | + | (2) Funding a program, and any related administrative expense, to 313 | |
391 | + | reduce health and safety hazards in residential dwellings in 314 | |
392 | + | Connecticut, including, but not limited to, lead, radon and other 315 | |
393 | + | contaminants or conditions, through removal, remediation, abatement 316 | |
394 | + | and other appropriate methods. For purposes of this subdivision, 317 | |
395 | + | "administrative expense" means any administrative or other cost or 318 | |
396 | + | expense incurred by the Department of Housing in carrying out the 319 | |
397 | + | provisions of this section, including, but not limited to, the hiring of 320 | |
398 | + | necessary employees and entering into necessary contracts; and 321 | |
399 | + | (3) Not later than July 15, 2021, funding of not more than one hundred 322 | |
400 | + | seventy-five thousand dollars, from remittances transferred pursuant to 323 | |
401 | + | section 38a-331, as amended by this act, for the fiscal year commencing 324 | |
402 | + | July 1, 2021, shall be remitted to the captive insurance company 325 | |
403 | + | established pursuant to section 38a-91vv of the general statutes, as 326 | |
404 | + | amended by this act, to be used for the research and development of the 327 | |
405 | + | report described in section 7 of this act and any related administrative 328 | |
406 | + | expense. Such sum shall not be considered in calculating the total funds 329 | |
407 | + | allocated or made available to the captive insurance company used for 330 | |
408 | + | administrative or operational costs pursuant to section 38a-91vv, as 331 | |
409 | + | amended by this act. 332 | |
410 | + | (b) The Department of Housing shall notify the Department of Public 333 | |
411 | + | Health not later than thirty days after the deposit of remittances in the 334 | |
412 | + | Healthy Homes Fund pursuant to subdivision (2) of subsection (c) of 335 | |
413 | + | section 38a-331, as amended by this act. Not later than thirty days after 336 | |
414 | + | the deposit of remittances pursuant to subdivision (2) of subsection (c) 337 | |
415 | + | of section 38a-331, as amended by this act, the Department of Public 338 | |
416 | + | Health shall notify each municipal health department in the state 339 | |
417 | + | annually regarding funds available pursuant to the Healthy Homes 340 Substitute Bill No. 6646 | |
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424 | + | Fund established pursuant to subsection (a) of this section. 341 | |
425 | + | (c) Not later than January 1, 2020, and annually thereafter, the 342 | |
426 | + | Commissioner of Housing shall report to the joint standing committees 343 | |
427 | + | of the General Assembly having cognizance of matters relating to 344 | |
428 | + | housing, planning and development and appropriations and the 345 | |
429 | + | budgets of state agencies, in accordance with section 11-4a, regarding 346 | |
430 | + | the status of the Healthy Homes Fund established pursuant to this 347 | |
431 | + | section and all moneys deposited into and expended by the Department 348 | |
432 | + | of Housing pursuant to said account. Any such report may be submitted 349 | |
433 | + | electronically. 350 | |
434 | + | This act shall take effect as follows and shall amend the following | |
435 | + | sections: | |
436 | + | ||
437 | + | Section 1 from passage 29-265d | |
438 | + | Sec. 2 July 1, 2021 38a-91vv(i) | |
439 | + | Sec. 3 July 1, 2021 New section | |
440 | + | Sec. 4 from passage New section | |
441 | + | Sec. 5 from passage New section | |
442 | + | Sec. 6 July 1, 2021 38a-331 | |
443 | + | Sec. 7 July 1, 2021 New section | |
444 | + | Sec. 8 July 1, 2021 8-446 | |
445 | + | ||
446 | + | PD Joint Favorable Subst. | |
315 | 447 |