Connecticut 2023 Regular Session

Connecticut Senate Bill SB00979 Compare Versions

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7	7		General Assembly Substitute Bill No. 979
8	8		January Session, 2023
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14	14		AN ACT CONCERNING THE ESTABLISHMENT OF THE
15	15		CONNECTICUT HOME ENERGY LABEL AND THE TREE CANOPY OF
16	16		CERTAIN MUNICIPALITIES.
17	17		Be it enacted by the Senate and House of Representatives in General
18	18		Assembly convened:
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20	20		Section 1. (NEW) (Effective January 1, 2024) (a) As used in this section, 1
21	21		"Connecticut home energy label" or "label" means a label developed by 2
22	22		the Commissioner of Energy and Environmental Protection that 3
23	23		provides a score regarding a residence's energy efficiency and is 4
24	24		consistent with all nationally recognized ratings, including the United 5
25	25		States Department of Energy Home Energy score, the Home Energy 6
26	26		Rating System Index score and the Energy Star score. 7
27	27		(b) (1) In developing the Connecticut home energy label, the 8
28	28		commissioner shall consider factors, including, but not limited to, (A) 9
29	29		the cost effectiveness of the labeling process, (B) the ability of a 10
30	30		residence's owner to conduct the labeling process and generate a label 11
31	31		for the residence without outside or professional assistance, (C) the 12
32	32		clarity of the information the label provides regarding the residence's 13
33	33		estimated energy efficiency, (D) the standardization of the label, (E) the 14
34	34		ability of the label to integrate information generated by existing 15
35	35		nationally recognized ratings, and (F) the accuracy and reliability of the 16
36	36		label. 17 Substitute Bill No. 979
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43	43		(2) In developing the label, the commissioner shall provide an 18
44	44		opportunity for public comment. 19
45	45		(c) (1) Any landlord, upon (A) listing any dwelling unit for rent 20
46	46		through a multiple listing service, real estate brokers' organization or 21
47	47		other service, organization or facility related to the business of selling or 22
48	48		renting dwelling units, including private listing services, or (B) offering 23
49	49		any dwelling unit for rent through a means other than those specified in 24
50	50		subparagraph (A) of this subdivision, shall provide a Connecticut home 25
51	51		energy label for the dwelling unit to any prospective tenant at the 26
52	52		tenant's request or prior to the tenant's signing of a lease for the dwelling 27
53	53		unit. For dwelling units listed pursuant to subparagraph (A) of this 28
54	54		subdivision, the landlord shall provide the Connecticut home energy 29
55	55		label through the service, organization or facility through which the 30
56	56		landlord lists the dwelling unit. 31
57	57		(2) The provisions of this section shall apply: (A) On and after (i) July 32
58	58		1, 2024, or (ii) thirty days after the commissioner's public release of the 33
59	59		Connecticut home energy label, whichever is later, to any municipality 34
60	60		that contains a census tract in which the average percentage of gross 35
61	61		household income spent on home heating and electricity costs is not less 36
62	62		than ten per cent; (B) on or after July 1, 2025, to any municipality that 37
63	63		contains a census tract in which the average percentage of gross 38
64	64		household income spent on home heating and electricity costs is not less 39
65	65		than six per cent; (C) on or after July 1, 2026, to any municipality 40
66	66		containing a census tract in which the average percentage of gross 41
67	67		household income spent on home heating and electricity costs is not less 42
68	68		than four per cent; and (D) on or after July 1, 2027, to all municipalities. 43
69	69		(3) The Commissioners of Housing and Energy and Environmental 44
70	70		Protection shall, not later than March first of each year, publish on the 45
71	71		Departments of Housing's and Energy and Environmental Protection's 46
72	72		Internet web sites a list of municipalities that meet the criteria set forth 47
73	73		in subdivision (2) of this subsection according to the Low-Income 48
74	74		Energy Affordability Data Tool maintained by the United States 49
75	75		Department of Energy, or a successor tool. 50 Substitute Bill No. 979
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82	82		(4) The provisions of this section shall not apply to: (A) The rental of 51
83	83		any dwelling unit for which rent payments include a fixed amount for 52
84	84		all charges for electricity, natural gas or heating fuel, as defined in 53
85	85		section 16a-23m of the general statutes; (B) any dwelling unit in a 54
86	86		building that was constructed on or after January 1, 2000; or (C) on or 55
87	87		before July 1, 2027, any dwelling unit in any building occupied by the 56
88	88		landlord of such building as a residence. 57
89	89		(d) (1) Notwithstanding the provisions of section 51-164p of the 58
90	90		general statutes, any municipality subject to the provisions of this 59
91	91		section may, by ordinance, establish a civil penalty payable to such 60
92	92		municipality for a violation of this section, provided such civil penalty 61
93	93		shall not exceed five hundred dollars for a first violation or one 62
94	94		thousand dollars for any subsequent violation. 63
95	95		(2) Any person assessed any civil penalty under subdivision (1) of 64
96	96		this subsection may appeal such assessment to the Superior Court not 65
97	97		later than thirty days after the mailing date of the notice of such 66
98	98		assessment by filing a petition to reopen the assessment, together with 67
99	99		an entry fee equal to the entry fee for a small claims case under section 68
100	100		52-259 of the general statutes, at the Superior Court facility designated 69
101	101		by the Chief Court Administrator. Such petition shall entitle such person 70
102	102		to a hearing under the rules of the judges of the Superior Court. 71
103	103		(3) The remedies in this subsection shall be in addition to any other 72
104	104		remedies available at law, or in equity, to any person. This section shall 73
105	105		not be construed to limit or restrict the authority of any state or local 74
106	106		housing or health code enforcement agency. 75
107	107		Sec. 2. Section 47a-1 of the general statutes is repealed and the 76
108	108		following is substituted in lieu thereof (Effective January 1, 2024): 77
109	109		As used in this chapter and sections 47a-21, 47a-23 to 47a-23c, 78
110	110		inclusive, 47a-26a to 47a-26g, inclusive, 47a-35 to 47a-35b, inclusive, 47a-79
111	111		41a, 47a-43, [and] 47a-46 and [section] 47a-7b and section 1 of this act: 80
112	112		(a) "Action" includes recoupment, counterclaim, set-off, cause of 81 Substitute Bill No. 979
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119	119		action and any other proceeding in which rights are determined, 82
120	120		including an action for possession. 83
121	121		(b) "Building and housing codes" include any law, ordinance or 84
122	122		governmental regulation concerning fitness for habitation or the 85
123	123		construction, maintenance, operation, occupancy, use or appearance of 86
124	124		any premises or dwelling unit. 87
125	125		(c) "Dwelling unit" means any house or building, or portion thereof, 88
126	126		which is occupied, is designed to be occupied, or is rented, leased or 89
127	127		hired out to be occupied, as a home or residence of one or more persons. 90
128	128		(d) "Landlord" means the owner, lessor or sublessor of the dwelling 91
129	129		unit, the building of which it is a part or the premises. 92
130	130		(e) "Owner" means one or more persons, jointly or severally, in whom 93
131	131		is vested (1) all or part of the legal title to property, or (2) all or part of 94
132	132		the beneficial ownership and a right to present use and enjoyment of the 95
133	133		premises and includes a mortgagee in possession. 96
134	134		(f) "Person" means an individual, corporation, limited liability 97
135	135		company, the state or any political subdivision thereof, or agency, 98
136	136		business trust, estate, trust, partnership or association, two or more 99
137	137		persons having a joint or common interest, and any other legal or 100
138	138		commercial entity. 101
139	139		(g) "Premises" means a dwelling unit and the structure of which it is 102
140	140		a part and facilities and appurtenances therein and grounds, areas and 103
141	141		facilities held out for the use of tenants generally or whose use is 104
142	142		promised to the tenant. 105
143	143		(h) "Rent" means all periodic payments to be made to the landlord 106
144	144		under the rental agreement. 107
145	145		(i) "Rental agreement" means all agreements, written or oral, and 108
146	146		valid rules and regulations adopted under section 47a-9 or subsection 109
147	147		(d) of section 21-70 embodying the terms and conditions concerning the 110 Substitute Bill No. 979
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154	154		use and occupancy of a dwelling unit or premises. 111
155	155		(j) "Roomer" means a person occupying a dwelling unit, which unit 112
156	156		does not include a refrigerator, stove, kitchen sink, toilet and shower or 113
157	157		bathtub and one or more of these facilities are used in common by other 114
158	158		occupants in the structure. 115
159	159		(k) "Single-family residence" means a structure maintained and used 116
160	160		as a single dwelling unit. Notwithstanding that a dwelling unit shares 117
161	161		one or more walls with another dwelling unit or has a common parking 118
162	162		facility, it is a single-family residence if it has direct access to a street or 119
163	163		thoroughfare and does not share heating facilities, hot water equipment 120
164	164		or any other essential facility or service with any other dwelling unit. 121
165	165		(l) "Tenant" means the lessee, sublessee or person entitled under a 122
166	166		rental agreement to occupy a dwelling unit or premises to the exclusion 123
167	167		of others or as is otherwise defined by law. 124
168	168		(m) "Tenement house" means any house or building, or portion 125
169	169		thereof, which is rented, leased or hired out to be occupied, or is 126
170	170		arranged or designed to be occupied, or is occupied, as the home or 127
171	171		residence of three or more families, living independently of each other, 128
172	172		and doing their cooking upon the premises, and having a common right 129
173	173		in the halls, stairways or yards. 130
174	174		Sec. 3. Section 23-8 of the general statutes is amended by adding 131
175	175		subsection (f) as follows (Effective October 1, 2023): 132
176	176		(NEW) (f) In order to ensure the benefits of open space and tree cover 133
177	177		are enjoyed equitably by residents of the state, it shall be the goal of the 134
178	178		state to increase the percentage of environmental justice communities, 135
179	179		as defined in section 22a-20a, and municipalities with a population of 136
180	180		one hundred thousand or more that are covered by tree canopy, not later 137
181	181		than January 1, 2024, to a level of five per cent of the total area of such 138
182	182		communities and municipalities. 139 Substitute Bill No. 979
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189	189		This act shall take effect as follows and shall amend the following
190	190		sections:
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192	192		Section 1 January 1, 2024 New section
193	193		Sec. 2 January 1, 2024 47a-1
194	194		Sec. 3 October 1, 2023 23-8(f)
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	196	+	Statement of Legislative Commissioners:
	197	+	In Section 1(d)(1), "and" was changed to "or" for clarity.
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197	199		ENV Joint Favorable Subst.
198		-	JUD Joint Favorable
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