Substitute House Bill No. 6646
Public Act No. 21-120
AN ACT CONCERNING CRUMBLING CONCRETE FOUNDATIONS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 29-265d of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) Any owner of a residential building who has obtained a written
evaluation from a professional engineer licensed pursuant to chapter
391 indicating that the foundation of such residential building was made
with defective concrete may provide a copy of such evaluation to the
assessor and request a reassessment of the residential building by the
assessor. Not later than ninety days after receipt of a copy of such
evaluation, or prior to the commencement of the assessment year next
following, whichever is earlier, the assessor, member of the assessor's
staff or person designated by the assessor shall inspect the residential
building and adjust its assessment to reflect its current value. Such
reassessment may be appealed pursuant to section 12-111. Any
reassessment under this section shall apply [for five assessment years,
notwithstanding the provisions of section 12-62.] until the next
revaluation becomes effective or the concrete foundation is repaired or
replaced, and the assessor, member of the assessor's staff or person
designated by the assessor adjusts the assessment of the residential
building, whichever is earlier. Substitute House Bill No. 6646
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(b) Notwithstanding the provisions of section 12-62, any property
that has had its assessment adjusted pursuant to subsection (a) of this
section shall be assessed during each revaluation cycle to reflect its
current value.
[(b)] (c) An owner of a residential building that has obtained a
reassessment pursuant to this section shall notify the assessor if the
concrete foundation is repaired or replaced. [during the five assessment
years for which the reassessment is effective.] Such notification shall be
made in writing within thirty days of the repair or replacement of the
concrete foundation. Not later than ninety days after receipt of such
notification, or prior to the commencement of the assessment year next
following, whichever is earlier, the assessor, member of the assessor's
staff or person designated by the assessor shall inspect the residential
building and adjust its assessment to reflect its current value.
Sec. 2. Subdivision (2) of subsection (b) of section 38a-91vv of the
general statutes is repealed and the following is substituted in lieu
thereof (Effective July 1, 2021):
(2) Establish a board of directors who shall serve in a volunteer
capacity. The membership of the board of directors shall include, but
need not be limited to, a real estate agent or broker, two owners of
residential buildings who have concrete foundations that have
deteriorated due to the presence of pyrrhotite, a chief executive or such
chief executive's designee of a municipality in which residential
buildings with concrete foundations that have deteriorated due to the
presence of pyrrhotite are located, an individual with professional
investment experience and currently registered as an investment
adviser pursuant to title 36b, the executive directors of the Capitol
Region Council of Governments and the Northeastern Connecticut
Council of Governments or such executive directors' designees and
representatives from the insurance and banking industries, who shall
not have professional relationships with any bank or insurance Substitute House Bill No. 6646
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company that has a financial interest in residential buildings subject to
the provisions of this section and sections 7-374b, 8-441, 8-442, 8-443, 8-
444, subparagraph (B) of subdivision (20) of subsection (a) of section 12-
701 and section 29-265f. The speaker, the minority leader of the House
of Representatives, the president pro tempore of the Senate and the
Senate Republican president pro tempore shall each appoint a member
of the General Assembly as a nonvoting, ex-officio member of the board
of directors. The Governor shall appoint two members to the board of
directors, one of whom shall be appointed as a nonvoting, ex-officio
member. It shall not constitute a conflict of interest for a member of the
board of directors, who is the owner of a residential building which has
a concrete foundation that has deteriorated due to the presence of
pyrrhotite, or the spouse or dependent child of such member, to apply
for or receive assistance from the captive insurance company
established under this section, to repair or replace such concrete
foundation, provided such member shall abstain from deliberation,
action or vote by the board of directors in specific respect to such
member's application or the application of such spouse or dependent
child;
Sec. 3. Subsection (i) of section 38a-91vv of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(i) The captive insurance company shall continue [until June 30, 2022,
or] until its existence is terminated by law. Upon the termination of the
existence of the company, all its right and properties shall pass to and
be vested in the state of Connecticut.
Sec. 4. (Effective July 1, 2021) Not later than January 1, 2023, the captive
insurance company established pursuant to section 38a-91vv of the
general statutes, as amended by this act, shall submit a report, in
accordance with the provisions of section 11-4a of the general statutes,
to the joint standing committees of the General Assembly having Substitute House Bill No. 6646
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cognizance of matters relating to insurance and planning and
development. Such report shall include, but not be limited to, an
analysis of the extent of the damage caused to concrete foundations in
nonresidential buildings in the state due to the presence of pyrrhotite in
such concrete.
Sec. 5. Section 8-446 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
(a) There is established an account to be known as the "Healthy
Homes Fund" which shall be a separate, nonlapsing account within the
General Fund. The account shall contain any moneys required by law to
be deposited in the account. Moneys in the account shall be expended
by the Department of Housing for the purposes of:
(1) Funding of not more than one million dollars, from remittances
transferred pursuant to section 38a-331 for the period beginning January
1, 2019, and ending December 31, 2019, shall be remitted to the
Department of Economic and Community Development to be used for
grants-in-aid to homeowners with homes located in the immediate
vicinity of the West River in the Westville section of New Haven and
Woodbridge for structurally damaged homes due to subsidence and to
homeowners with homes abutting the Yale Golf Course in the Westville
section of New Haven for damage to such homes from water infiltration
or structural damage due to subsidence; [and]
(2) Funding a program, and any related administrative expense, to
reduce health and safety hazards in residential dwellings in
Connecticut, including, but not limited to, lead, radon and other
contaminants or conditions, through removal, remediation, abatement
and other appropriate methods. For purposes of this subdivision,
"administrative expense" means any administrative or other cost or
expense incurred by the Department of Housing in carrying out the
provisions of this section, including, but not limited to, the hiring of Substitute House Bill No. 6646
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necessary employees and entering into necessary contracts; and
(3) Funding of not more than one hundred seventy-five thousand
dollars, from remittances transferred pursuant to section 38a-331 for the
period beginning January 1, 2021, and ending December 31, 2021, shall
be remitted to the captive insurance company established pursuant to
section 38a-91vv, as amended by this act, to be used for the research and
development of the report described in section 4 of this act and any
related administrative expense. Such sum shall not be considered in
calculating the total funds allocated or made available to the captive
insurance company used for administrative or operational costs
pursuant to section 38a-91vv, as amended by this act.
(b) The Department of Housing shall notify the Department of Public
Health not later than thirty days after the deposit of remittances in the
Healthy Homes Fund pursuant to subdivision (2) of subsection (c) of
section 38a-331. Not later than thirty days after the deposit of
remittances pursuant to subdivision (2) of subsection (c) of section 38a-
331, the Department of Public Health shall notify each municipal health
department in the state annually regarding funds available pursuant to
the Healthy Homes Fund established pursuant to subsection (a) of this
section.
(c) Not later than January 1, 2020, and annually thereafter, the
Commissioner of Housing shall report to the joint standing committees
of the General Assembly having cognizance of matters relating to
housing, planning and development and appropriations and the
budgets of state agencies, in accordance with section 11-4a, regarding
the status of the Healthy Homes Fund established pursuant to this
section and all moneys deposited into and expended by the Department
of Housing pursuant to said account. Any such report may be submitted
electronically.
Sec. 6. Subdivision (28) of subsection (b) of section 1-210 of the general Substitute House Bill No. 6646
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statutes is repealed and the following is substituted in lieu thereof
(Effective July 1, 2021):
(28) Any [documentation provided to or obtained] records
maintained or kept on file by an executive branch agency or public
institution of higher education, including documentation [provided]
prepared or obtained prior to May 25, 2016, relating to claims of or
testing for faulty or failing concrete foundations in residential buildings
[by the owners of such residential buildings,] and documents or
materials prepared by an executive branch agency or public institution
of higher education relating to such [documentation, for seven years
after the date of receipt of the documentation or seven years after May
25, 2016, whichever is later] records.
Sec. 7. Section 29-265e of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
Any documentation provided to or obtained by an executive branch
agency, including documentation provided or obtained prior to May 25,
2016, relating to claims of faulty or failing concrete foundations in
residential buildings by the owners of such residential buildings, and
documents prepared by an executive branch agency relating to such
documentation, shall be maintained as confidential by such agency. [for
not less than seven years after the date of receipt of the documentation
or seven years after May 25, 2016, whichever is later.]
Sec. 8. (NEW) (Effective July 1, 2021) (a) For the purposes of this
section, "qualified geologist" means a geologist certified by the
American Institute of Professional Geologists, licensed by the National
Association of State Boards of Geology or certified or licensed by
another organization deemed suitable by the State Geologist.
(b) (1) Not later than January 1, 2022, the operator of any quarry
established on or before July 1, 2021, that produces aggregate for use in Substitute House Bill No. 6646
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concrete intended for use or sale shall prepare a geological source report
and provide such report to the State Geologist and Commissioner of
Energy and Environmental Protection. Such report shall be prepared in
a form and manner prescribed by the commissioner, and shall include,
but need not be limited to, (A) the mining, processing, storage and
quality control methods utilized by such operator, (B) a description of
the characteristics of the aggregate to be excavated at such quarry,
which shall be prepared by a qualified geologist, (C) a description of the
products to be produced by such quarry, (D) a copy of the results of an
inspection of face material and geologic log analysis completed by a
qualified geologist, and (E) analyses of core samples, completed by a
qualified geologist, unless such quarry is active and has a satisfactory
performance history as determined by the commissioner. Not later than
January 1, 2026, and every four years thereafter, such operator shall
update such report and provide such updated report to the State
Geologist and commissioner.
(2) The operator of any quarry established after July 1, 2021, that
intends to produce aggregate for use in concrete intended for use or sale
shall prepare a geological source report, described in subdivision (1) of
this subsection, and provide such report to the State Geologist and
commissioner prior to offering such aggregate for use or sale. Such
operator shall update such report every four years thereafter and
provide such updated report to the State Geologist and commissioner.
(3) Not later than January 1, 2022, and annually thereafter, the
operator of each quarry that produces aggregate for use in concrete
intended for use or sale shall provide such quarry's operations plan to
the State Geologist and commissioner.
Sec. 9. (NEW) (Effective July 1, 2021) (a) Except as provided in
subsection (c) of this section, not later than July 1, 2022, and not less than
annually thereafter, the operator of each quarry that sells or provides
aggregate intended for use in concrete, shall submit a written report to Substitute House Bill No. 6646
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the Commissioner of Energy and Environmental Protection and the
State Geologist, containing the results of a third-party test of the sulfur
content of such aggregate. Such test shall be conducted by a third-party
certified or accredited to conduct testing in accordance with American
Society for Testing Materials standard C33/C33M, Standar d
Specification for Concrete Aggregates. Such certification or
accreditation shall be provided by the International Organization for
Standardization, United States Army Corps of Engineers, American
Association of State Highway and Transportation Officials,
International Accreditation Service or a similar organization.
(b) Each test conducted pursuant to subsection (a) of this section shall
include:
(1) The performance of a rapid total sulfur test on a ten-pound sample
of aggregate by any of the following means: (A) X-ray fluorescence
analysis, (B) purge and trap gas chromatography analysis, (C) analysis
by combustion furnace, or (D) other technology deemed at least as
accurate by the State Geologist. Representative samples shall be
collected and managed in accordance with American Society for Testing
and Materials standard D75/D75M, Standard Practice for Sampling
Aggregates, reduced to a size appropriate for laboratory testing and
pulverized for analysis;
(2) If the total sulfur content of the sample in per cent by mass is less
than one per cent and equal to or greater than one-tenth per cent, the
performance of x-ray diffraction, magnetic susceptibility or
petrographic analyses to determine the presence and relative
abundance of pyrrhotite in the sample; and
(3) If the results of the test conducted pursuant to this section reveal
that pyrrhotite is present in the sample, a petrographic analysis based
on American Society for Testing and Materials standards C295,
Standard Guide for Petrographic Examination of Aggregates for Substitute House Bill No. 6646
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Concrete, and C294, Standard Descriptive Nomenclature for
Constituents of Concrete Aggregates, shall be conducted to determine
the acceptance and use of the aggregate.
(c) If the results of the test conducted pursuant to this section reveal
that the total sulfur content of the sample in per cent by mass is less than
one-tenth per cent, an operator may sell or provide such aggregate for
use in concrete for a period of four years beginning on the date of receipt
of such test results and shall not be required to submit a report pursuant
to subsection (a) of this section during such period.
(d) If the results of the test conducted pursuant to this section reveal
that the total sulfur content of the sample in per cent by mass is equal to
or greater than one per cent, an operator shall not sell or provide such
aggregate for use in concrete.
(e) If the results of the test performed pursuant to this section reveal
that the total sulfur content of the sample in per cent by mass is less than
one per cent and equal to or greater than one-tenth per cent and (1) no
pyrrhotite is present, an operator may sell or provide such aggregate for
use in concrete for a period of one year beginning on the date of receipt
of such test results; and (2) pyrrhotite is present, an operator shall not
sell or provide such aggregate in a manner inconsistent with the
acceptance and use indicated by the results of a petrographic analysis
undertaken pursuant to this section or requirement or restriction
established by the Commissioner of Energy and Environmental
Protection pursuant to subsection (f) of this section.
(f) The Commissioner of Energy and Environmental Protection, in
consultation with the State Geologist, may, if the results of the test
performed pursuant to this section reveal that the total sulfur content of
the sample in per cent by mass is less than one per cent and equal to or
greater than one-tenth per cent and pyrrhotite is present, (1) require the
operator of the quarry to conduct additional testing, including but not Substitute House Bill No. 6646
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limited to a mortar bar expansion test pursuant to American Society for
Testing and Materials standard C1293, Standard Test Method for
Determination of Length Change of Concrete Due to Alkali-Silica
Reaction, or C227, Standard Test Method for Potential Alkali Reactivity
of Cement-Aggregate Combinations; and (2) implement restrictions on
the sale or use of aggregate from such quarry in concrete.
(g) The Commissioner of Energy and Environmental Protection may
adopt regulations, in accordance with chapter 54 of the general statutes,
to implement the provisions of this section. Such regulations shall
include, but not be limited to, definitions for the terms "rapid total sulfur
test", "x-ray fluorescence analysis", "purge and trap gas chromatography
analysis", "analysis by combustion furnace", "x-ray diffraction",
"magnetic susceptibility analysis", "petrographic analysis" and "mortar
bar expansion test".