Connecticut 2023 Regular Session

Connecticut Senate Bill SB00916 Compare Versions

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Version 2 (New)

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7	5		General Assembly Raised Bill No. 916
8	6		January Session, 2023
9	7		LCO No. 3080
10	8
11	9
12		-	Referred to Committee on PLANNING AND
13		-	DEVELOPMENT
	10	+	Referred to Committee on PLANNING AND DEVELOPMENT
14	11
15	12
16	13		Introduced by:
17	14		(PD)
	15	+
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19	17
20	18
21	19		AN ACT CONCERNING FORECLOSURE, ASSIGNMENT AND OTHER
22	20		ENFORCEMENT ACTIONS FOR UNPAID SEWER ASSESSMENTS
23	21		AND OTHER FEES AND CHARGES.
24	22		Be it enacted by the Senate and House of Representatives in General
25	23		Assembly convened:
26	24
27	25		Section 1. Subsections (a) to (c), inclusive, of section 7-254 of the 1
28	26		general statutes are repealed and the following is substituted in lieu 2
29	27		thereof (Effective October 1, 2023, and applicable to actions filed on or after 3
30	28		October 1, 2023): 4
31	29		(a) Any assessment of benefits or any installment thereof, not paid 5
32	30		within thirty days after the due date, shall be delinquent and shall be 6
33	31		subject to interest from such due date at the interest rate and in the 7
34	32		manner provided by the general statutes for delinquent property taxes. 8
35		-	Each addition of interest shall be collectible as a part of such 9
36		-	assessment. 10
37		-	(b) (1) Whenever any installment of an assessment becom es 11
38		-	delinquent, the interest on such delinquent installment shall be as 12
39		-	provided in subsection (a) of this section or five dollars, whichever is 13 Bill No. 916
	33	+	Each addition of interest shall be collectible as a part of such assessment. 9
	34	+	(b) (1) Whenever any installment of an assessment becom es 10
	35	+	delinquent, the interest on such delinquent installment shall be as 11
	36	+	provided in subsection (a) of this section or five dollars, whichever is 12
	37	+	greater. Any unpaid assessment and any interest due thereon shall 13
	38	+	constitute a lien upon the real estate against which the assessment was 14 Raised Bill No. 916
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46		-	greater. Any unpaid assessment and any interest due thereon shall 14
47		-	constitute a lien upon the real estate against which the assessment was 15
48		-	levied from the date of such levy. Each such lien may be continued, 16
49		-	recorded and released in the manner provided by the general statutes 17
50		-	for continuing, recording and releasing property tax liens. Each such 18
51		-	lien shall take precedence over all other liens and encumbrances except 19
52		-	taxes and may be enforced, in accordance with subdivision (2) of this 20
53		-	subsection, in the same manner as property tax liens. The tax collector 21
54		-	of the municipality may collect such assessments in accordance with 22
55		-	any mandatory provision of the general statutes for the collection of 23
56		-	property taxes and the municipality may recover any such assessment 24
57		-	in a civil action against any person liable therefor. 25
58		-	(2) In the case of one or more liens for any unpaid assessment and 26
59		-	any interest due thereon, as described in subdivision (1) of this 27
60		-	subsection, upon any owner-occupied real estate, no such lien or liens 28
61		-	may be enforced unless the principal for all such liens upon such 29
62		-	owner-occupied real estate exceeds four thousand dollars. 30
63		-	(c) [Any] (1) Except as provided in subdivision (2) of this subsection, 31
64		-	any municipality, by resolution of its legislative body, may assign, for 32
65		-	consideration, any and all liens filed by the tax collector to secure 33
66		-	unpaid sewer assessments as provided under the provisions of this 34
67		-	chapter. The consideration received by the municipality shall be 35
68		-	negotiated between the municipality and the assignee. 36
69		-	(2) In the case of one or more liens filed by the tax collector to secure 37
70		-	unpaid assessments, as described in subdivision (1) of this subsection, 38
71		-	upon any owner-occupied real estate, no such lien or liens may be 39
72		-	assigned unless the principal for all such liens upon such owner-40
73		-	occupied real estate exceeds four thousand dollars. 41
74		-	Sec. 2. Subsections (a) and (b) of section 7-258 of the general statutes 42
75		-	are repealed and the following is substituted in lieu thereof (Effective 43
76		-	October 1, 2023, and applicable to actions filed on or after October 1, 2023): 44 Bill No. 916
	42	+	LCO No. 3080 2 of 6
	43	+
	44	+	levied from the date of such levy. Each such lien may be continued, 15
	45	+	recorded and released in the manner provided by the general statutes 16
	46	+	for continuing, recording and releasing property tax liens. Each such 17
	47	+	lien shall take precedence over all other liens and encumbrances except 18
	48	+	taxes and may be enforced, in accordance with subdivision (2) of this 19
	49	+	subsection, in the same manner as property tax liens. The tax collector 20
	50	+	of the municipality may collect such assessments in accordance with any 21
	51	+	mandatory provision of the general statutes for the collection of 22
	52	+	property taxes and the municipality may recover any such assessment 23
	53	+	in a civil action against any person liable therefor. 24
	54	+	(2) In the case of one or more liens for any unpaid assessment and 25
	55	+	any interest due thereon, as described in subdivision (1) of this 26
	56	+	subsection, upon any owner-occupied real estate, no such lien or liens 27
	57	+	may be enforced unless the principal for all such liens upon such owner-28
	58	+	occupied real estate exceeds four thousand dollars. 29
	59	+	(c) [Any] (1) Except as provided in subdivision (2) of this subsection, 30
	60	+	any municipality, by resolution of its legislative body, may assign, for 31
	61	+	consideration, any and all liens filed by the tax collector to secure unpaid 32
	62	+	sewer assessments as provided under the provisions of this chapter. The 33
	63	+	consideration received by the municipality shall be negotiated between 34
	64	+	the municipality and the assignee. 35
	65	+	(2) In the case of one or more liens filed by the tax collector to secure 36
	66	+	unpaid assessments, as described in subdivision (1) of this subsection, 37
	67	+	upon any owner-occupied real estate, no such lien or liens may be 38
	68	+	assigned unless the principal for all such liens upon such owner-39
	69	+	occupied real estate exceeds four thousand dollars. 40
	70	+	Sec. 2. Subsections (a) and (b) of section 7-258 of the general statutes 41
	71	+	are repealed and the following is substituted in lieu thereof (Effective 42
	72	+	October 1, 2023, and applicable to actions filed on or after October 1, 2023): 43
	73	+	(a) (1) Any charge for connection with or for the use of a sewerage 44
	74	+	system, not paid within thirty days of the due date, shall thereupon be 45
	75	+	delinquent and shall bear interest from the due date at the rate and in 46 Raised Bill No. 916
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83		-	(a) (1) Any charge for connection with or for the use of a sewerage 45
84		-	system, not paid within thirty days of the due date, shall thereupon be 46
85		-	delinquent and shall bear interest from the due date at the rate and in 47
86		-	the manner provided by the general statutes for delinquent property 48
87		-	taxes. Each addition of interest shall be collectible as a part of such 49
88		-	connection or use charge. Any such unpaid connection or use charge 50
89		-	shall constitute a lien upon the real estate against which such charge 51
90		-	was levied from the date it became delinquent. Each such lien may be 52
91		-	continued, recorded and released in the manner provided by the 53
92		-	general statutes for continuing, recording and releasing property tax 54
93		-	liens. Each such lien shall take precedence over all other liens and 55
94		-	encumbrances except taxes and may be foreclosed in the same manner 56
95		-	as a lien for property taxes in accordance with subdivision (2) of this 57
96		-	subsection. The municipality may by ordinance designate the tax 58
97		-	collector or any other person as collector of sewerage system 59
98		-	connection and use charges and such collector of sewerage system 60
99		-	connection and use charges may collect such charges in accordance 61
100		-	with the provisions of the general statutes for the collection of property 62
101		-	taxes. The municipality may recover any such charges in a civil action 63
102		-	against any person liable therefor. For the purpose of establishing or 64
103		-	revising such connection or use charges and for the purpose of 65
104		-	collecting such charges any municipality may enter into agreements 66
105		-	with any water company or municipal water department furnishing 67
106		-	water in such municipality for the purchase from such water company 68
107		-	or municipal water department of information or services and such 69
108		-	agreement may designate such water company or municipal water 70
109		-	department as a billing or collecting agent of the collector of sewerage 71
110		-	system connection and use charges in the municipality. Any water 72
111		-	company or municipal water department may enter into and fulfill any 73
112		-	such agreements and may utilize for the collection of such charges any 74
113		-	of the methods utilized by it for the collection of its water charges. 75
114		-	(2) In the case of one or more liens for any unpaid connection or use 76
115		-	charge, as described in subdivision (1) of this subsection, upon any 77
116		-	owner-occupied real estate, no such lien or liens may be foreclosed 78 Bill No. 916
	79	+	LCO No. 3080 3 of 6
	80	+
	81	+	the manner provided by the general statutes for delinquent property 47
	82	+	taxes. Each addition of interest shall be collectible as a part of such 48
	83	+	connection or use charge. Any such unpaid connection or use charge 49
	84	+	shall constitute a lien upon the real estate against which such charge was 50
	85	+	levied from the date it became delinquent. Each such lien may be 51
	86	+	continued, recorded and released in the manner provided by the general 52
	87	+	statutes for continuing, recording and releasing property tax liens. Each 53
	88	+	such lien shall take precedence over all other liens and encumbrances 54
	89	+	except taxes and may be foreclosed in the same manner as a lien for 55
	90	+	property taxes in accordance with subdivision (2) of this subsection. The 56
	91	+	municipality may by ordinance designate the tax collector or any other 57
	92	+	person as collector of sewerage system connection and use charges and 58
	93	+	such collector of sewerage system connection and use charges may 59
	94	+	collect such charges in accordance with the provisions of the general 60
	95	+	statutes for the collection of property taxes. The municipality may 61
	96	+	recover any such charges in a civil action against any person liable 62
	97	+	therefor. For the purpose of establishing or revising such connection or 63
	98	+	use charges and for the purpose of collecting such charges any 64
	99	+	municipality may enter into agreements with any water company or 65
	100	+	municipal water department furnishing water in such municipality for 66
	101	+	the purchase from such water company or municipal water department 67
	102	+	of information or services and such agreement may designate such 68
	103	+	water company or municipal water department as a billing or collecting 69
	104	+	agent of the collector of sewerage system connection and use charges in 70
	105	+	the municipality. Any water company or municipal water department 71
	106	+	may enter into and fulfill any such agreements and may utilize for the 72
	107	+	collection of such charges any of the methods utilized by it for the 73
	108	+	collection of its water charges. 74
	109	+	(2) In the case of one or more liens for any unpaid connection or use 75
	110	+	charge, as described in subdivision (1) of this subsection, upon any 76
	111	+	owner-occupied real estate, no such lien or liens may be foreclosed 77
	112	+	unless the principal for all such liens upon such owner-occupied real 78
	113	+	estate exceeds four thousand dollars. 79
	114	+	(b) [Any] (1) Except as provided in subdivision (2) of this subsection, 80 Raised Bill No. 916
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123		-	unless the principal for all such liens upon such owner-occupied real 79
124		-	estate exceeds four thousand dollars. 80
125		-	(b) [Any] (1) Except as provided in subdivision (2) of this 81
126		-	subsection, any municipality, by resolution of its legislative body, may 82
127		-	assign, for consideration, any and all liens filed by the tax collector or 83
128		-	collector of sewerage system connection and use charges to secure 84
129		-	unpaid sewerage connection and use charges as provided under the 85
130		-	provisions of this chapter. The consideration received by the 86
131		-	municipality shall be negotiated between the municipality and the 87
132		-	assignee. 88
133		-	(2) In the case of one or more liens filed by the tax collector or 89
134		-	collector of sewerage system connection and use charges to secure 90
135		-	unpaid sewerage connection and use charges, as described in 91
136		-	subdivision (1) of this subsection, upon any owner-occupied real 92
137		-	estate, no such lien or liens may be assigned unless the principal for all 93
138		-	such liens upon such owner-occupied real estate exceeds four 94
139		-	thousand dollars. 95
140		-	Sec. 3. Section 22a-506 of the general statutes is repealed and the 96
141		-	following is substituted in lieu thereof (Effective October 1, 2023, and 97
142		-	applicable to actions filed on or after October 1, 2023): 98
143		-	(a) An authority may (1) levy and collect benefit assessments upon 99
144		-	the lands and buildings within its jurisdiction that, in its judgment, are 100
145		-	especially benefited by a wastewater system; (2) establish, revise and 101
146		-	collect rates, fees, charges, penalties and assessments for the use and 102
147		-	benefits of a wastewater system; and (3) order the owner of any 103
148		-	building which is accessible to a wastewater system to connect to such 104
149		-	system, all in the manner provided in sections 7-249 to 7-257, inclusive, 105
150		-	and sections 22a-416 to 22a-599, inclusive. 106
151		-	(b) (1) Any assessment of benefits, including any installment 107
152		-	thereof, and any charge, fee, fine or other amount that is not paid 108
153		-	within thirty days after the due date shall be delinquent, shall be 109 Bill No. 916
	118	+	LCO No. 3080 4 of 6
	119	+
	120	+	any municipality, by resolution of its legislative body, may assign, for 81
	121	+	consideration, any and all liens filed by the tax collector or collector of 82
	122	+	sewerage system connection and use charges to secure unpaid sewerage 83
	123	+	connection and use charges as provided under the provisions of this 84
	124	+	chapter. The consideration received by the municipality shall be 85
	125	+	negotiated between the municipality and the assignee. 86
	126	+	(2) In the case of one or more liens filed by the tax collector or collector 87
	127	+	of sewerage system connection and use charges to secure unpaid 88
	128	+	sewerage connection and use charges, as described in subdivision (1) of 89
	129	+	this subsection, upon any owner-occupied real estate, no such lien or 90
	130	+	liens may be assigned unless the principal for all such liens upon such 91
	131	+	owner-occupied real estate exceeds four thousand dollars. 92
	132	+	Sec. 3. Section 22a-506 of the general statutes is repealed and the 93
	133	+	following is substituted in lieu thereof (Effective October 1, 2023, and 94
	134	+	applicable to actions filed on or after October 1, 2023): 95
	135	+	(a) An authority may (1) levy and collect benefit assessments upon 96
	136	+	the lands and buildings within its jurisdiction that, in its judgment, are 97
	137	+	especially benefited by a wastewater system; (2) establish, revise and 98
	138	+	collect rates, fees, charges, penalties and assessments for the use and 99
	139	+	benefits of a wastewater system; and (3) order the owner of any building 100
	140	+	which is accessible to a wastewater system to connect to such system, all 101
	141	+	in the manner provided in sections 7-249 to 7-257, inclusive, and sections 102
	142	+	22a-416 to 22a-599, inclusive. 103
	143	+	(b) (1) Any assessment of benefits, including any installment thereof, 104
	144	+	and any charge, fee, fine or other amount that is not paid within thirty 105
	145	+	days after the due date shall be delinquent, shall be subject to interest 106
	146	+	and shall constitute a lien upon the premises served and a charge upon 107
	147	+	the owner thereof all in the manner provided both by the provisions of 108
	148	+	the general statutes for delinquent property taxes and by section 7-258, 109
	149	+	as amended by this act. The rules and regulations of the authority may 110
	150	+	provide for the discontinuance of water pollution control service for 111
	151	+	nonpayment of taxes, special assessments, fees, rates, penalties or other 112 Raised Bill No. 916
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160		-	subject to interest and shall constitute a lien upon the premises served 110
161		-	and a charge upon the owner thereof all in the manner provided both 111
162		-	by the provisions of the general statutes for delinquent property taxes 112
163		-	and by section 7-258, as amended by this act. The rules and regulations 113
164		-	of the authority may provide for the discontinuance of water pollution 114
165		-	control service for nonpayment of taxes, special assessments, fees, 115
166		-	rates, penalties or other charges therefor imposed under sections 22a-116
167		-	500 to 22a-519, inclusive. Such lien shall take precedence over all other 117
168		-	liens or encumbrances except taxes and may be foreclosed against the 118
169		-	lot or building served, in accordance with subdivision (2) of this 119
170		-	subsection, in the same manner as a lien for taxes, provided all such 120
171		-	liens shall continue until such time as they shall be discharged or 121
172		-	foreclosed by the authority without the necessity of filing certificates of 122
173		-	continuation, but in no event for longer than ten years. The authority 123
174		-	may institute a civil action against such owner to recover the amount 124
175		-	of any such fee or charge which remains due and unpaid for thirty 125
176		-	days along with interest thereon at the same rate as unpaid taxes and 126
177		-	with reasonable attorneys' fees, provided no such civil action to 127
178		-	recover such amount may be instituted against the owner of an owner-128
179		-	occupied premises unless the principal for such amount exceeds four 129
180		-	thousand dollars. 130
181		-	(2) In the case of one or more liens for any assessment of benefits 131
182		-	and any charge, fee, fine or other amount that is not paid within thirty 132
183		-	days after the due date, as described in subdivision (1) of this 133
184		-	subsection, upon any owner-occupied premises served, no such lien or 134
185		-	liens may be foreclosed unless the principal for all such liens upon 135
186		-	such owner-occupied premises served exceeds four thousand dollars. 136
187		-	Sec. 4. Subsection (a) of section 49-92o of the general statutes is 137
188		-	repealed and the following is substituted in lieu thereof (Effective 138
189		-	October 1, 2023, and applicable to actions filed on or after October 1, 2023): 139
190		-	(a) [Any] (1) Except as provided in subdivision (2) of this 140
191		-	subsection, any regional sewer authority established under an act of 141
192		-	the General Assembly, may assign, for consideration, any and all liens 142 Bill No. 916
	155	+	LCO No. 3080 5 of 6
	156	+
	157	+	charges therefor imposed under sections 22a-500 to 22a-519, inclusive. 113
	158	+	Such lien shall take precedence over all other liens or encumbrances 114
	159	+	except taxes and may be foreclosed against the lot or building served, in 115
	160	+	accordance with subdivision (2) of this subsection, in the same manner 116
	161	+	as a lien for taxes, provided all such liens shall continue until such time 117
	162	+	as they shall be discharged or foreclosed by the authority without the 118
	163	+	necessity of filing certificates of continuation, but in no event for longer 119
	164	+	than ten years. The authority may institute a civil action against such 120
	165	+	owner to recover the amount of any such fee or charge which remains 121
	166	+	due and unpaid for thirty days along with interest thereon at the same 122
	167	+	rate as unpaid taxes and with reasonable attorneys' fees, provided no 123
	168	+	such civil action to recover such amount may be instituted against the 124
	169	+	owner of an owner-occupied premises unless the principal for such 125
	170	+	amount exceeds four thousand dollars. 126
	171	+	(2) In the case of one or more liens for any assessment of benefits and 127
	172	+	any charge, fee, fine or other amount that is not paid within thirty days 128
	173	+	after the due date, as described in subdivision (1) of this subsection, 129
	174	+	upon any owner-occupied premises served, no such lien or liens may be 130
	175	+	foreclosed unless the principal for all such liens upon such owner-131
	176	+	occupied premises served exceeds four thousand dollars. 132
	177	+	Sec. 4. Subsection (a) of section 49-92o of the general statutes is 133
	178	+	repealed and the following is substituted in lieu thereof (Effective October 134
	179	+	1, 2023, and applicable to actions filed on or after October 1, 2023): 135
	180	+	(a) [Any] (1) Except as provided in subdivision (2) of this subsection, 136
	181	+	any regional sewer authority established under an act of the General 137
	182	+	Assembly, may assign, for consideration, any and all liens filed by such 138
	183	+	regional sewer authority to secure unpaid sewer assessments or 139
	184	+	connection or use charges of the authority. The consideration received 140
	185	+	by the authority shall be negotiated between the authority and the 141
	186	+	assignee. 142
	187	+	(2) In the case of one or more liens filed by a regional sewer authority 143
	188	+	to secure unpaid sewer assessment or connection or use charges of the 144 Raised Bill No. 916
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199		-	filed by such regional sewer authority to secure unpaid sewer 143
200		-	assessments or connection or use charges of the authority. The 144
201		-	consideration received by the authority shall be negotiated between 145
202		-	the authority and the assignee. 146
203		-	(2) In the case of one or more liens filed by a regional sewer 147
204		-	authority to secure unpaid sewer assessment or connection or use 148
205		-	charges of the authority, as described in subdivision (1) of this 149
206		-	subsection, upon any owner-occupied real estate, no such lien or liens 150
207		-	may be assigned unless the principal for all such liens upon such 151
208		-	owner-occupied real estate exceeds four thousand dollars. 152
	192	+	LCO No. 3080 6 of 6
	193	+
	194	+	authority, as described in subdivision (1) of this subsection, upon any 145
	195	+	owner-occupied real estate, no such lien or liens may be assigned unless 146
	196	+	the principal for all such liens upon such owner-occupied real estate 147
	197	+	exceeds four thousand dollars. 148
209	198		This act shall take effect as follows and shall amend the following
210	199		sections:
211	200
212	201		Section 1 October 1, 2023, and
213	202		applicable to actions filed
214	203		on or after October 1, 2023
215	204		7-254(a) to (c)
216	205		Sec. 2 October 1, 2023, and
217	206		applicable to actions filed
218	207		on or after October 1, 2023
219	208		7-258(a) and (b)
220	209		Sec. 3 October 1, 2023, and
221	210		applicable to actions filed
222	211		on or after October 1, 2023
223	212		22a-506
224	213		Sec. 4 October 1, 2023, and
225	214		applicable to actions filed
226	215		on or after October 1, 2023
227	216		49-92o(a)
228	217
229		-	PD Joint Favorable
	218	+	Statement of Purpose:
	219	+	To prohibit foreclosure, assignment and other enforcement actions for
	220	+	unpaid sewer assessment and other fees and charges in the case of
	221	+	owner-occupied real property for which the principal of such unpaid
	222	+	assessments, fees and charges is less than four thousand dollars.
	223	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	224	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	225	+	underlined.]
230	226