Connecticut 2023 Regular Session

Connecticut Senate Bill SB00979 Latest Draft

Bill / Comm Sub Version Filed 05/03/2023

                             
 
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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 
 
 
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(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 
 
 
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(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 
 
 
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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 
 
 
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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 
 
 
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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) 
 
 
ENV Joint Favorable Subst.  
JUD Joint Favorable