LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00979-R01- SB.docx 1 of 6 General Assembly Substitute Bill No. 979 January Session, 2023 AN ACT CONCERNING THE ESTABLISHMENT OF THE CONNECTICUT HOME ENERGY LABEL AND THE TREE CANOPY OF CERTAIN MUNICIPALITIES. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. (NEW) (Effective January 1, 2024) (a) As used in this section, 1 "Connecticut home energy label" or "label" means a label developed by 2 the Commissioner of Energy and Environmental Protection that 3 provides a score regarding a residence's energy efficiency and is 4 consistent with all nationally recognized ratings, including the United 5 States Department of Energy Home Energy score, the Home Energy 6 Rating System Index score and the Energy Star score. 7 (b) (1) In developing the Connecticut home energy label, the 8 commissioner shall consider factors, including, but not limited to, (A) 9 the cost effectiveness of the labeling process, (B) the ability of a 10 residence's owner to conduct the labeling process and generate a label 11 for the residence without outside or professional assistance, (C) the 12 clarity of the information the label provides regarding the residence's 13 estimated energy efficiency, (D) the standardization of the label, (E) the 14 ability of the label to integrate information generated by existing 15 nationally recognized ratings, and (F) the accuracy and reliability of the 16 label. 17 Substitute Bill No. 979 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00979- R01-SB.docx } 2 of 6 (2) In developing the label, the commissioner shall provide an 18 opportunity for public comment. 19 (c) (1) Any landlord, upon (A) listing any dwelling unit for rent 20 through a multiple listing service, real estate brokers' organization or 21 other service, organization or facility related to the business of selling or 22 renting dwelling units, including private listing services, or (B) offering 23 any dwelling unit for rent through a means other than those specified in 24 subparagraph (A) of this subdivision, shall provide a Connecticut home 25 energy label for the dwelling unit to any prospective tenant at the 26 tenant's request or prior to the tenant's signing of a lease for the dwelling 27 unit. For dwelling units listed pursuant to subparagraph (A) of this 28 subdivision, the landlord shall provide the Connecticut home energy 29 label through the service, organization or facility through which the 30 landlord lists the dwelling unit. 31 (2) The provisions of this section shall apply: (A) On and after (i) July 32 1, 2024, or (ii) thirty days after the commissioner's public release of the 33 Connecticut home energy label, whichever is later, to any municipality 34 that contains a census tract in which the average percentage of gross 35 household income spent on home heating and electricity costs is not less 36 than ten per cent; (B) on or after July 1, 2025, to any municipality that 37 contains a census tract in which the average percentage of gross 38 household income spent on home heating and electricity costs is not less 39 than six per cent; (C) on or after July 1, 2026, to any municipality 40 containing a census tract in which the average percentage of gross 41 household income spent on home heating and electricity costs is not less 42 than four per cent; and (D) on or after July 1, 2027, to all municipalities. 43 (3) The Commissioners of Housing and Energy and Environmental 44 Protection shall, not later than March first of each year, publish on the 45 Departments of Housing's and Energy and Environmental Protection's 46 Internet web sites a list of municipalities that meet the criteria set forth 47 in subdivision (2) of this subsection according to the Low-Income 48 Energy Affordability Data Tool maintained by the United States 49 Department of Energy, or a successor tool. 50 Substitute Bill No. 979 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00979- R01-SB.docx } 3 of 6 (4) The provisions of this section shall not apply to: (A) The rental of 51 any dwelling unit for which rent payments include a fixed amount for 52 all charges for electricity, natural gas or heating fuel, as defined in 53 section 16a-23m of the general statutes; (B) any dwelling unit in a 54 building that was constructed on or after January 1, 2000; or (C) on or 55 before July 1, 2027, any dwelling unit in any building occupied by the 56 landlord of such building as a residence. 57 (d) (1) Notwithstanding the provisions of section 51-164p of the 58 general statutes, any municipality subject to the provisions of this 59 section may, by ordinance, establish a civil penalty payable to such 60 municipality for a violation of this section, provided such civil penalty 61 shall not exceed five hundred dollars for a first violation or one 62 thousand dollars for any subsequent violation. 63 (2) Any person assessed any civil penalty under subdivision (1) of 64 this subsection may appeal such assessment to the Superior Court not 65 later than thirty days after the mailing date of the notice of such 66 assessment by filing a petition to reopen the assessment, together with 67 an entry fee equal to the entry fee for a small claims case under section 68 52-259 of the general statutes, at the Superior Court facility designated 69 by the Chief Court Administrator. Such petition shall entitle such person 70 to a hearing under the rules of the judges of the Superior Court. 71 (3) The remedies in this subsection shall be in addition to any other 72 remedies available at law, or in equity, to any person. This section shall 73 not be construed to limit or restrict the authority of any state or local 74 housing or health code enforcement agency. 75 Sec. 2. Section 47a-1 of the general statutes is repealed and the 76 following is substituted in lieu thereof (Effective January 1, 2024): 77 As used in this chapter and sections 47a-21, 47a-23 to 47a-23c, 78 inclusive, 47a-26a to 47a-26g, inclusive, 47a-35 to 47a-35b, inclusive, 47a-79 41a, 47a-43, [and] 47a-46 and [section] 47a-7b and section 1 of this act: 80 (a) "Action" includes recoupment, counterclaim, set-off, cause of 81 Substitute Bill No. 979 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00979- R01-SB.docx } 4 of 6 action and any other proceeding in which rights are determined, 82 including an action for possession. 83 (b) "Building and housing codes" include any law, ordinance or 84 governmental regulation concerning fitness for habitation or the 85 construction, maintenance, operation, occupancy, use or appearance of 86 any premises or dwelling unit. 87 (c) "Dwelling unit" means any house or building, or portion thereof, 88 which is occupied, is designed to be occupied, or is rented, leased or 89 hired out to be occupied, as a home or residence of one or more persons. 90 (d) "Landlord" means the owner, lessor or sublessor of the dwelling 91 unit, the building of which it is a part or the premises. 92 (e) "Owner" means one or more persons, jointly or severally, in whom 93 is vested (1) all or part of the legal title to property, or (2) all or part of 94 the beneficial ownership and a right to present use and enjoyment of the 95 premises and includes a mortgagee in possession. 96 (f) "Person" means an individual, corporation, limited liability 97 company, the state or any political subdivision thereof, or agency, 98 business trust, estate, trust, partnership or association, two or more 99 persons having a joint or common interest, and any other legal or 100 commercial entity. 101 (g) "Premises" means a dwelling unit and the structure of which it is 102 a part and facilities and appurtenances therein and grounds, areas and 103 facilities held out for the use of tenants generally or whose use is 104 promised to the tenant. 105 (h) "Rent" means all periodic payments to be made to the landlord 106 under the rental agreement. 107 (i) "Rental agreement" means all agreements, written or oral, and 108 valid rules and regulations adopted under section 47a-9 or subsection 109 (d) of section 21-70 embodying the terms and conditions concerning the 110 Substitute Bill No. 979 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00979- R01-SB.docx } 5 of 6 use and occupancy of a dwelling unit or premises. 111 (j) "Roomer" means a person occupying a dwelling unit, which unit 112 does not include a refrigerator, stove, kitchen sink, toilet and shower or 113 bathtub and one or more of these facilities are used in common by other 114 occupants in the structure. 115 (k) "Single-family residence" means a structure maintained and used 116 as a single dwelling unit. Notwithstanding that a dwelling unit shares 117 one or more walls with another dwelling unit or has a common parking 118 facility, it is a single-family residence if it has direct access to a street or 119 thoroughfare and does not share heating facilities, hot water equipment 120 or any other essential facility or service with any other dwelling unit. 121 (l) "Tenant" means the lessee, sublessee or person entitled under a 122 rental agreement to occupy a dwelling unit or premises to the exclusion 123 of others or as is otherwise defined by law. 124 (m) "Tenement house" means any house or building, or portion 125 thereof, which is rented, leased or hired out to be occupied, or is 126 arranged or designed to be occupied, or is occupied, as the home or 127 residence of three or more families, living independently of each other, 128 and doing their cooking upon the premises, and having a common right 129 in the halls, stairways or yards. 130 Sec. 3. Section 23-8 of the general statutes is amended by adding 131 subsection (f) as follows (Effective October 1, 2023): 132 (NEW) (f) In order to ensure the benefits of open space and tree cover 133 are enjoyed equitably by residents of the state, it shall be the goal of the 134 state to increase the percentage of environmental justice communities, 135 as defined in section 22a-20a, and municipalities with a population of 136 one hundred thousand or more that are covered by tree canopy, not later 137 than January 1, 2024, to a level of five per cent of the total area of such 138 communities and municipalities. 139 Substitute Bill No. 979 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00979- R01-SB.docx } 6 of 6 This act shall take effect as follows and shall amend the following sections: Section 1 January 1, 2024 New section Sec. 2 January 1, 2024 47a-1 Sec. 3 October 1, 2023 23-8(f) Statement of Legislative Commissioners: In Section 1(d)(1), "and" was changed to "or" for clarity. ENV Joint Favorable Subst.