Connecticut 2023 2023 Regular Session

Connecticut Senate Bill SB00979 Introduced / Bill

Filed 02/08/2023

                       
 
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General Assembly  Governor's Bill No. 979  
January Session, 2023 
LCO No. 4058 
 
 
Referred to Committee on ENVIRONMENT  
 
 
Introduced by:  
Request of the Governor Pursuant 
to Joint Rule 9 
 
 
 
 
 
AN ACT PROMOTING ENERGY AFFORDABILITY, ENERGY 
EFFICIENCY AND GREEN CITIES. 
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. (NEW) (Effective from passage) (a) In order to secure cost-1 
effective resources and provide more reliable electric service for the 2 
benefit of the state's electric ratepayers, to make reasonable further 3 
progress toward the greenhouse gas emissions reduction levels set out 4 
in section 22a-200a of the general statutes and to meet the state's energy 5 
and environmental goals and policies established in the Integrated 6 
Resources Plan, pursuant to section 16a-3a of the general statutes and 7 
the Comprehensive Energy Strategy, pursuant to section 16a-3d of the 8 
general statutes, the Commissioner of Energy and Environmental 9 
Protection, in consultation with the procurement manager identified in 10 
subsection (l) of section 16-2 of the general statutes, the Office of 11 
Consumer Counsel and the Attorney General, may, in coordination 12 
with other states in the control area of the regional independent system 13 
operator, as defined in section 16-1 of the general statutes, or on behalf 14 
of Connecticut alone, issue multiple solicitations for long-term contracts 15  Governor's Bill No.  979 
 
 
 
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from providers of resources described in subsection (b) of this section. 16 
(b) In any solicitation issued pursuant to this subsection, the 17 
Commissioner of Energy and Environmental Protection may seek 18 
proposals from providers of transmission resources and associated 19 
transmission infrastructure, including, but not limited to, transmission 20 
infrastructure for offshore wind resources, provided such transmission 21 
resources are located in or interconnect to the control area of the regional 22 
independent system operator or the control area of an adjacent regional 23 
independent system operator. Proposals under this subsection shall not 24 
have a contract term exceeding forty years. 25 
(c) The Commissioner of Energy and Environmental Protection, in 26 
consultation with the procurement manager identified in subsection (l) 27 
of section 16-2 of the general statutes, the Office of Consumer Counsel 28 
and the Attorney General shall evaluate project proposals received 29 
under any solicitation issued pursuant to subsection (b) of this section 30 
based on factors, including, but not limited to, (1) improvements to the 31 
reliability of the electric system, including during winter peak demand; 32 
(2) fuel diversity; (3) the extent to which the proposal contributes to 33 
meeting the requirements to reduce greenhouse gas emissions and 34 
improve air quality in accordance with sections 16-245a, 22a-174 and 35 
22a-200a of the general statutes; (4) whether the proposal is in the best 36 
interest of ratepayers because it obviates the need for future reliability 37 
upgrades; and (5) whether the proposal is aligned with the policy goals 38 
outlined in the Integrated Resources Plan, pursuant to section 16a-3a of 39 
the general statutes, and the Comprehensive Energy Strategy, pursuant 40 
to section 16a-3d of the general statutes, including, but not limited to, 41 
environmental impacts. In conducting such evaluation, the 42 
commissioner, in coordination with the Commissioner of Economic 43 
Development, may consider the extent to which project proposals 44 
provide economic benefits for the state. 45 
(d) The Commissioner of Energy and Environmental Protection may 46 
direct the electric distribution companies to enter into agreements with 47 
transmission resources and associated transmission infrastructure, from 48  Governor's Bill No.  979 
 
 
 
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proposals selected pursuant to this section, for periods of not more than 49 
forty years on behalf of all customers of the state's electric distribution 50 
companies.  51 
(e) Any agreement entered into pursuant to this section shall be 52 
subject to review and approval by the Public Utilities Regulatory 53 
Authority, provided such review shall be completed not later than one 54 
hundred twenty days after the authority receives the agreement. The 55 
authority shall approve agreements if it determines (1) the agreement 56 
provides for the delivery of adequate and reliable products and services, 57 
for which there is a clear public need, at a just and reasonable price, (2) 58 
the agreement is prudent and cost effective, and (3) any provider of 59 
transmission resources under the agreement has the technical, financial 60 
and managerial capabilities to perform pursuant to such agreement. The 61 
net costs of any such agreement, including costs incurred by the electric 62 
distribution companies under the agreement and reasonable costs 63 
incurred by the electric distribution companies in connection with the 64 
agreement, shall be recovered through a fully reconciling component of 65 
electric rates for all customers of electric distribution companies. Any 66 
net revenues from the sale of products purchased in accordance with 67 
long-term contracts entered into pursuant to this section shall be 68 
credited to customers through the same fully reconciling rate 69 
component for all customers of the contracting electric distribution 70 
company. The commissioner may hire consultants with expertise in 71 
quantitative modeling of electric and gas markets to assist in 72 
implementing this section, including, but not limited to, the evaluation 73 
of proposals submitted pursuant to this section. All reasonable costs 74 
associated with the commissioner's solicitation and review of proposals 75 
pursuant to this section shall be recoverable through the same fully 76 
reconciling rate component for all customers of the electric distribution 77 
companies. 78 
Sec. 2. (NEW) (Effective January 1, 2024) (a) As used in this section, 79 
"Connecticut home energy label" or "label" means a label developed by 80 
the Commissioner of Energy and Environmental Protection that 81 
provides a score regarding a residence's energy efficiency and is 82  Governor's Bill No.  979 
 
 
 
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consistent with all nationally recognized ratings, including the United 83 
States Department of Energy Home Energy score, the Home Energy 84 
Rating System Index score and the Energy Star score. 85 
(b) (1) In developing the Connecticut home energy label, the 86 
commissioner shall consider factors, including, but not limited to, (A) 87 
the cost effectiveness of the labeling process, (B) the ability of a 88 
residence's owner to conduct the labeling process and generate a label 89 
for the residence without outside or professional assistance, (C) the 90 
clarity of the information the label provides regarding the residence's 91 
estimated energy efficiency, (D) the standardization of the label, (E) the 92 
ability of the label to integrate information generated by existing 93 
nationally recognized ratings, and (F) the accuracy and reliability of the 94 
label. 95 
(2) In developing the label, the commissioner shall provide an 96 
opportunity for public comment. 97 
(c) (1) Any landlord, upon (A) listing any dwelling unit for rent 98 
through a multiple listing service, real estate brokers' organization or 99 
other service, organization or facility related to the business of selling or 100 
renting dwelling units, including private listing services, or (B) offering 101 
any dwelling unit for rent through a means other than those specified in 102 
subparagraph (A) of this subdivision, shall provide a Connecticut home 103 
energy label, with an electronic link to the Internet web site that contains 104 
the report for such Connecticut home energy label for the dwelling unit, 105 
to any prospective tenant at the tenant's request or prior to the tenant's 106 
signing of a lease for the dwelling unit. For dwelling units listed 107 
pursuant to subparagraph (A) of this subdivision, the landlord shall 108 
provide the Connecticut home energy label and electronic link through 109 
the service, organization or facility through which the landlord lists the 110 
dwelling unit. 111 
(2) The provisions of this section shall apply: (A) On and after (i) July 112 
1, 2024, or (ii) thirty days after the commissioner's public release of the 113 
Connecticut home energy label, whichever is later, to any municipality 114  Governor's Bill No.  979 
 
 
 
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that contains a census tract in which the average percentage of gross 115 
household income spent on home heating and electricity costs is not less 116 
than ten per cent; (B) on or after July 1, 2025, to any municipality that 117 
contains a census tract in which the average percentage of gross 118 
household income spent on home heating and electricity costs is not less 119 
than six per cent; (C) on or after July 1, 2026, to any municipality 120 
containing a census tract in which the average percentage of gross 121 
household income spent on home heating and electricity costs is not less 122 
than four per cent; and (D) on or after July 1, 2027, to all municipalities. 123 
(3) The Commissioners of Housing and Energy and Environmental 124 
Protection shall, not later than March first of each year, publish on the 125 
Departments of Housing's and Energy and Environmental Protection's 126 
Internet web sites a list of municipalities that meet the criteria set forth 127 
in subdivision (2) of this subsection according to the Low-Income 128 
Energy Affordability Data Tool maintained by the United States 129 
Department of Energy, or a successor tool. 130 
(4) The provisions of this section shall not apply to: (A) The rental of 131 
any dwelling unit for which rent payments include a fixed amount for 132 
all charges for electricity, natural gas or heating fuel, as defined in 133 
section 16a-23m of the general statutes; (B) any dwelling unit in a 134 
building that was constructed on or after January 1, 2000; or (C) on or 135 
before July 1, 2027, any dwelling unit in any building occupied by the 136 
landlord of such building as a residence. 137 
(d) (1) Notwithstanding the provisions of section 51-164p of the 138 
general statutes, any municipality subject to the provisions of this 139 
section may, by ordinance, establish a civil penalty payable to such 140 
municipality for a violation of this section, provided such civil penalty 141 
shall not exceed five hundred dollars for a first violation and one 142 
thousand dollars for any subsequent violation. 143 
(2) Any person assessed any civil penalty under subdivision (1) of 144 
this subsection may appeal such assessment to the Superior Court not 145 
later than thirty days after the mailing date of the notice of such 146  Governor's Bill No.  979 
 
 
 
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assessment by filing a petition to reopen the assessment, together with 147 
an entry fee equal to the entry fee for a small claims case under section 148 
52-259 of the general statutes, at the Superior Court facility designated 149 
by the Chief Court Administrator. Such petition shall entitle such person 150 
to a hearing under the rules of the judges of the Superior Court. 151 
(3) The remedies in this subsection shall be in addition to any other 152 
remedies available at law, or in equity, to any person. This section shall 153 
not be construed to limit or restrict the authority of any state or local 154 
housing or health code enforcement agency. 155 
Sec. 3. Section 47a-1 of the general statutes is repealed and the 156 
following is substituted in lieu thereof (Effective January 1, 2024): 157 
As used in this chapter and sections 47a-21, 47a-23 to 47a-23c, 158 
inclusive, 47a-26a to 47a-26g, inclusive, 47a-35 to 47a-35b, inclusive, 47a-159 
41a, 47a-43, [and] 47a-46 and [section] 47a-7b and section 2 of this act: 160 
(a) "Action" includes recoupment, counterclaim, set-off, cause of 161 
action and any other proceeding in which rights are determined, 162 
including an action for possession. 163 
(b) "Building and housing codes" include any law, ordinance or 164 
governmental regulation concerning fitness for habitation or the 165 
construction, maintenance, operation, occupancy, use or appearance of 166 
any premises or dwelling unit. 167 
(c) "Dwelling unit" means any house or building, or portion thereof, 168 
which is occupied, is designed to be occupied, or is rented, leased or 169 
hired out to be occupied, as a home or residence of one or more persons. 170 
(d) "Landlord" means the owner, lessor or sublessor of the dwelling 171 
unit, the building of which it is a part or the premises. 172 
(e) "Owner" means one or more persons, jointly or severally, in whom 173 
is vested (1) all or part of the legal title to property, or (2) all or part of 174 
the beneficial ownership and a right to present use and enjoyment of the 175 
premises and includes a mortgagee in possession. 176  Governor's Bill No.  979 
 
 
 
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(f) "Person" means an individual, corporation, limited liability 177 
company, the state or any political subdivision thereof, or agency, 178 
business trust, estate, trust, partnership or association, two or more 179 
persons having a joint or common interest, and any other legal or 180 
commercial entity. 181 
(g) "Premises" means a dwelling unit and the structure of which it is 182 
a part and facilities and appurtenances therein and grounds, areas and 183 
facilities held out for the use of tenants generally or whose use is 184 
promised to the tenant. 185 
(h) "Rent" means all periodic payments to be made to the landlord 186 
under the rental agreement. 187 
(i) "Rental agreement" means all agreements, written or oral, and 188 
valid rules and regulations adopted under section 47a-9 or subsection 189 
(d) of section 21-70 embodying the terms and conditions concerning the 190 
use and occupancy of a dwelling unit or premises. 191 
(j) "Roomer" means a person occupying a dwelling unit, which unit 192 
does not include a refrigerator, stove, kitchen sink, toilet and shower or 193 
bathtub and one or more of these facilities are used in common by other 194 
occupants in the structure. 195 
(k) "Single-family residence" means a structure maintained and used 196 
as a single dwelling unit. Notwithstanding that a dwelling unit shares 197 
one or more walls with another dwelling unit or has a common parking 198 
facility, it is a single-family residence if it has direct access to a street or 199 
thoroughfare and does not share heating facilities, hot water equipment 200 
or any other essential facility or service with any other dwelling unit. 201 
(l) "Tenant" means the lessee, sublessee or person entitled under a 202 
rental agreement to occupy a dwelling unit or premises to the exclusion 203 
of others or as is otherwise defined by law. 204 
(m) "Tenement house" means any house or building, or portion 205 
thereof, which is rented, leased or hired out to be occupied, or is 206  Governor's Bill No.  979 
 
 
 
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arranged or designed to be occupied, or is occupied, as the home or 207 
residence of three or more families, living independently of each other, 208 
and doing their cooking upon the premises, and having a common right 209 
in the halls, stairways or yards.  210 
Sec. 4. Section 29-253 of the general statutes is repealed and the 211 
following is substituted in lieu thereof (Effective October 1, 2023): 212 
(a) The State Building Code, including any amendment to said code 213 
adopted by the State Building Inspector and Codes and Standards 214 
Committee, shall be the building code for all towns, cities and boroughs, 215 
except as provided in subsection (c) of this section. 216 
(b) Nothing in this section shall prevent any town, city or borough 217 
from adopting an ordinance governing the demolition of buildings 218 
deemed to be unsafe. As used in this subsection, "unsafe building" 219 
means a building that constitutes a fire hazard or is otherwise 220 
dangerous to human life or the public welfare. 221 
(c) (1) Any town, city or borough may, through its legislative body, 222 
adopt a building code for residential or commercial buildings that 223 
requires compliance with the zero energy residential or commercial 224 
building provisions of the International Energy Conservation Code, or 225 
a successor code. 226 
(2) Any town, city or borough that adopts or revises a building code 227 
pursuant to this subsection shall inform the State Building Inspector and 228 
the Commissioner of Energy and Environmental Protection of such 229 
adoption or revision. 230 
Sec. 5. Section 20-334d of the general statutes is repealed and the 231 
following is substituted in lieu thereof (Effective October 1, 2023): 232 
(a) As used in this section: 233 
(1) "Accredited continuing professional education" means any 234 
education of an electrician or plumber that is: (A) [designed] Designed 235 
to maintain professional competence in the practice, pursuit and 236  Governor's Bill No.  979 
 
 
 
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standards of electrical work or plumbing and piping work; [,] (B) 237 
approved by the commissioner; [,] and (C) provided (i) by an agency, 238 
institution or organization that has been approved by the commissioner, 239 
and (ii) in-person or through an online technology platform that 240 
includes real-time video with audio, requires participants to 241 
periodically confirm their active engagement during the educational 242 
training session and enables participants to interact with instructors in 243 
real time during the entire educational training session; 244 
(2) "Certificate of continuing education" means a document that: (A) 245 
[an] An agency, institution or organization that has been approved by 246 
the commissioner and offers accredited continuing professional 247 
education issues to an electrician or plumber; [,] (B) certifies that an 248 
electrician or plumber has satisfactorily completed a specified number 249 
of continuing education hours; [,] and (C) bears the (i) name of such 250 
agency, institution or organization, (ii) title of the program, (iii) dates 251 
during which the program was conducted, (iv) number of continuing 252 
education hours satisfactorily completed, and (v) signature of the 253 
director of such agency, institution or organization or of such director's 254 
authorized agent; and 255 
(3) "Commissioner" means the Commissioner of Consumer 256 
Protection. 257 
(b) (1) The commissioner, with the advice and assistance of the 258 
Electrical Work Board established pursuant to subsection (b) of section 259 
20-331, shall adopt regulations, in accordance with chapter 54, to: [(1)] 260 
(A) Establish additional requirements for accredited continuing 261 
professional education for electricians licensed pursuant to sections 20-262 
330 to 20-341, inclusive; [(2)] (B) establish qualifying criteria for 263 
accredited continuing professional education programs and establish 264 
qualifying criteria for acceptable certificates of continuing professional 265 
education; and [(3)] (C) provide for the waiver of required accredited 266 
continuing professional education for electricians for good cause. Such 267 
regulations shall require not less than four hours per year of accredited 268 
continuing professional education for such electricians, except upon 269  Governor's Bill No.  979 
 
 
 
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request of the Electrical Work Board, the commissioner may increase 270 
such hours to a maximum of seven hours. 271 
(2) The commissioner, with the advice and assistance of the Electrical 272 
Work Board established pursuant to subsection (b) of section 20-331, 273 
shall amend the regulations adopted pursuant to subdivision (1) of this 274 
subsection to provide that: (A) Accredited continuing professional 275 
education programs for electricians shall include, but need not be 276 
limited to, training in the mechanics and application of thermal space 277 
and water heating systems other than electric resistance and fossil fuel 278 
combustion systems; and (B) an electrician shall be required to complete 279 
the continuing professional education described in subparagraph (A) of 280 
this subdivision not later than (i) two years after the electrician obtains 281 
a license pursuant to sections 20-330 to 20-341, inclusive, or (ii) not later 282 
than two years after the regulations amended pursuant to this 283 
subdivision are finalized, if the electrician obtains a license pursuant to 284 
sections 20-330 to 20-341, inclusive, on or before September 30, 2023. The 285 
commissioner shall maintain on the Department of Consumer 286 
Protection's web site a list of manufacturer-sponsored certification 287 
programs for thermal space and water heating systems other than 288 
electric resistance and fossil fuel combustion systems, which shall be 289 
considered accredited continuing professional education programs 290 
pursuant to subparagraph (A) of this subdivision. 291 
(c) (1) (A) The commissioner, with the advice and assistance of the 292 
Plumbing and Piping Work Board established pursuant to subsection 293 
(d) of section 20-331, shall adopt regulations, in accordance with chapter 294 
54, to: [(1)] (i) Establish additional requirements for accredited 295 
continuing professional education programs for plumbers licensed 296 
pursuant to sections 20-330 to 20-341, inclusive, which regulations shall 297 
require not more than a total of seven hours of accredited continuing 298 
professional education every two years, except in the event of significant 299 
changes to the building code, as approved by the International Code 300 
Council, that relate to plumbing, the commissioner, at such 301 
commissioner's discretion, may require more than a total of seven hours 302 
of accredited continuing professional education every two years; [(2)] 303  Governor's Bill No.  979 
 
 
 
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(ii) establish qualifying criteria for accredited continuing professional 304 
education programs and establish qualifying criteria for acceptable 305 
certificates of continuing professional education; and [(3)] (iii) provide 306 
for the waiver of required accredited continuing professional education 307 
for plumbers for good cause. 308 
(B) The commissioner, with the advice and assistance of the Plumbing 309 
and Piping Work Board established pursuant to subsection (d) of section 310 
20-331, shall amend the regulations adopted pursuant to subparagraph 311 
(A) of this subdivision to provide that: (i) Accredited continuing 312 
professional education programs for plumbers shall include, but need 313 
not be limited to, training in the mechanics and application of thermal 314 
space and water heating systems other than electric resistance and fossil 315 
fuel combustion systems; and (ii) a plumber shall be required to 316 
complete the continuing professional education described in 317 
subparagraph (B)(i) of this subdivision not later than (I) two years after 318 
the plumber obtains a license pursuant to sections 20-330 to 20-341, 319 
inclusive, or (II) not later than two years after the regulations amended 320 
pursuant to this subparagraph are finalized, if the plumber obtains a 321 
license pursuant to sections 20-330 to 20-341, inclusive, on or before 322 
September 30, 2023. The commissioner shall maintain on the 323 
Department of Consumer Protection's web site a list of manufacturer-324 
sponsored certification programs for thermal space and water heating 325 
systems other than electric resistance and fossil fuel combustion 326 
systems, which shall be considered accredited continuing professional 327 
education programs pursuant to subparagraph (B)(i) of this subdivision. 328 
[(d)] (2) Notwithstanding the provisions of [subsection (c) of this 329 
section] this subsection, any person who has been issued a P-6, P-7, W-330 
8 or W-9 license pursuant to section 20-334a and the regulations of 331 
Connecticut state agencies shall not be required to meet the continuing 332 
education requirements established pursuant to [subsection (c) of this 333 
section] this subsection. 334 
[(e)] (d) Notwithstanding the provisions of subsections (a) to [(d)] (c), 335 
inclusive, of this section, all accredited continuing professional 336  Governor's Bill No.  979 
 
 
 
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education offered under the provisions of this section shall: (1) Limit 337 
class size to (A) fifty attendees if such accredited continuing professional 338 
education is offered in-person, or (B) twenty-five attendees if such 339 
accredited continuing professional education is offered through an 340 
online technology platform; (2) not be offered or held at the place of 341 
business of a licensed plumbing contractor if such accredited continuing 342 
professional education is for plumbers and offered in-person; and (3) 343 
not be offered or held at the place of business of a licensed electrical 344 
contractor if such accredited continuing professional education is for 345 
electricians and offered in-person. A provider of an accredited 346 
continuing professional education course shall retain an audio-visual 347 
recording of such course for a period of not less than thirty days after 348 
completion of such course. Recordings shall be made available to the 349 
department upon the department's request for such recordings. 350 
Sec. 6. (NEW) (Effective October 1, 2023) (a) The commissioner, with 351 
the advice and assistance of the Heating, Piping, Cooling and Sheet 352 
Metal Work Board established pursuant to subsection (c) of section 20-353 
331 of the general statutes, shall adopt regulations, in accordance with 354 
chapter 54 of the general statutes, to: (1) Establish a one-time 355 
requirement for heating and cooling professionals licensed pursuant to 356 
sections 20-330 to 20-341, inclusive, of the general statutes to participate 357 
in an accredited education program; (2) establish qualifying criteria for 358 
such accredited education programs and establish qualifying criteria for 359 
acceptable certificates of education; and (3) provide for the waiver of 360 
such requirement for such licensed heating and cooling professionals 361 
for good cause. The commissioner shall maintain on the Department of 362 
Consumer Protection's web site a list of manufacturer-sponsored 363 
certification programs for thermal space and water heating systems 364 
other than electric resistance and fossil fuel combustion systems, which 365 
shall be considered accredited education programs pursuant to 366 
subdivision (1) of this subsection. 367 
(b) The regulations established pursuant to subsection (a) of this 368 
section shall include, but need not be limited to, training in the 369 
mechanics and application of thermal space and water heating systems 370  Governor's Bill No.  979 
 
 
 
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other than electric resistance and fossil fuel combustion systems, which 371 
a heating and cooling professional licensed pursuant to sections 20-330 372 
to 20-341, inclusive, of the general statutes shall be required to complete 373 
(1) not later than two years after the heating and cooling professional 374 
obtains a license pursuant to sections 20-330 to 20-341, inclusive, of the 375 
general statutes, or (2) not later than two years after the regulations 376 
adopted pursuant to this section are finalized, if the heating and cooling 377 
professional obtains a license pursuant to sections 20-330 to 20-341, 378 
inclusive, of the general statutes on or before September 30, 2023. 379 
Sec. 7. Section 23-8 of the general statutes is amended by adding 380 
subsection (f) as follows (Effective October 1, 2023): 381 
(NEW) (f) In order to ensure the benefits of open space and tree cover 382 
are enjoyed equitably by residents of the state, it shall be the goal of the 383 
state to increase the percentage of urban areas covered by tree canopy, 384 
not later than January 1, 2024, to a level of five per cent of the total area 385 
of such urban areas. For purposes of this subsection, "urban areas" 386 
means the total area of environmental justice communities, as defined 387 
in section 22a-20a, in the state. 388 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 from passage New section 
Sec. 2 January 1, 2024 New section 
Sec. 3 January 1, 2024 47a-1 
Sec. 4 October 1, 2023 29-253 
Sec. 5 October 1, 2023 20-334d 
Sec. 6 October 1, 2023 New section 
Sec. 7 October 1, 2023 23-8(f) 
 
Statement of Purpose:   
To implement the Governor's budget recommendations. 
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except 
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not 
underlined.]