Connecticut 2021 Regular Session

Connecticut House Bill HB06646 Compare Versions

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7+General Assembly Substitute Bill No. 6646
8+January Session, 2021
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914 AN ACT CONCERNING CR UMBLING CONCRETE FOU NDATIONS.
1015 Be it enacted by the Senate and House of Representatives in General
1116 Assembly convened:
1217
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 Section 29-265d of the general statutes is repealed and the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 Section 29-265d of the general statutes is repealed and the 1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
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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
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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
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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
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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
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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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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
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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
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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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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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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.
315447