Researcher: JS Page 1 4/10/24
OLR Bill Analysis
sHB 5475
AN ACT CONCERNING THE DEVELOPMENT OF HOUSING,
CHALLENGES TO CERTAIN DECISIONS OF MUNICIPAL
AGENCIES, AND THE CONVERSION OF VACANT NURSING
HOMES INTO MULTIFAMILY HOUSING.
SUMMARY
This bill narrows the applicability of certain land use procedures.
Specifically, it:
1. eliminates individuals’ and organizations’ standing to intervene,
under the Connecticut Environmental Protection Act, in
proceedings on residential building permit applications unless
they own real property that abuts, or is within 100 feet of, the
land that is the subject of the application;
2. narrows who may file a protest petition on changes to zoning
regulations or district boundaries; and
3. allows municipalities to adopt ordinances identifying certain
areas that could support increased development and exempting
developments in those areas from inland wetlands agency
approval requirements.
Separately, the bill also facilitates certain proposals to convert unused
properties to housing by requiring:
1. municipalities to allow vacant nursing homes to be converted to
multifamily housing as of right and
2. the Office of Policy and Management to prioritize Department of
Housing proposals to develop low and moderate income housing
on state land that another agency no longer needs.
EFFECTIVE DATE: October 1, 2024. 2024HB-05475-R000419-BA.DOCX
Researcher: JS Page 2 4/10/24
§ 1 — CONNECTICUT ENVIRON MENTAL PROTECTION AC T
INTERVENORS
The Connecticut Environmental Protection Act states that there is a
public trust in the state's air, water, and other natural resources (see
BACKGROUND) . It allows any person, corporation, organization, or
other legal entity to intervene in proceedings on, or judicial reviews of,
conduct that could unreasonably (1) pollute or damage the state's
natural resources or (2) destroy certain historic structures or landmarks
(CGS §§ 22a-19 & -19a).
Under the bill, if the proceeding or review is about a residential
building permit application (i.e., to construct or renovate a residential
structure), individuals and organizations may only intervene if they
own real property that abuts, or is within 100 feet from, the land the
application is about.
Under existing law, unchanged by the bill, parties seeking to
intervene must file a verified (i.e., sworn to) pleading that makes
specific, factual allegations.
§ 2 — PROTEST PETITIONS ON ZONING CHANGES
By law, a zoning commission cannot vote on a proposal to establish
or change a zoning regulation or district boundary until it holds a public
hearing on it. Generally, the proposal is adopted if a simple majority of
the zoning commission members vote in favor of it. However, the
threshold is raised to a two-thirds majority vote if a valid protest
petition is filed at or before the public hearing.
Under current law, to be valid, a protest petition may be signed by
the owners of at least 20% of (1) the area of the lots included in the
proposed change or (2) the lots within 500 feet in all directions of the
property included in the proposed change. The bill eliminates the latter
option.
§ 3 — ORDINANCES TO EXEMP T CERTAIN DEVELOPMEN TS
FROM INLAND WETLANDS AGENCY REVIEW
The bill allows municipalities, through their legislative bodies, to
adopt ordinances identifying one or more areas in their respective 2024HB-05475-R000419-BA.DOCX
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municipality that (1) have commercial or retail uses and adequate water,
sewer, and other infrastructure to support increased development or (2)
are appropriate for increased development under the municipality’s
plan of conservation and development. The ordinances may specify that
proposals for developments in identified areas do not need inland
wetlands agency approval if they have erosion and sediment control
plans that the municipality or soil and water conservation district, as
applicable, has approved.
The bill requires each legislative body to consult with its inland
wetlands agency and hold a public hearing before adopting the
ordinance, and to review the ordinance at least every seven years to see
if the identified area still meets the bill’s requirements. It allows them to
adopt these ordinances even if they conflict with the state laws
governing wetlands and watercourses.
§ 4 — CONVERSIONS OF NURS ING HOMES TO MULTIFA MILY
HOUSING ALLOWED AS O F RIGHT
The bill requires municipalities that exercise their zoning powers
under the statutes (rather than a special act) to allow eligible nursing
homes to be converted to multifamily housing as of right. To be eligible,
the nursing home must (1) be a freestanding facility and (2) have been
vacant for at least 90 days before the conversion application was
submitted to the planning, zoning, or combined planning and zoning
commission (“commission”). The nursing home’s owner must declare
in writing to the municipality that the nursing home meets the bill’s
vacancy requirement.
The bill requires the commission to review and decide on each as-of-
right conversion application within 65 days after receiving it, but the
applicant may agree to extensions, up to an additional 65 days, or
withdraw its application.
By law, “as of right” means housing can be approved if it complies
with zoning regulations, without requiring a public hearing, variance,
special permit or exception, or any other discretionary zoning action,
except for a determination that a site plan conforms with the applicable
regulations. 2024HB-05475-R000419-BA.DOCX
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§ 5 — SURPLUS STATE PROPER TY AS LOW AND MODERATE
INCOME HOUSING
By law, the Office of Policy and Management secretary must notify
state agencies (including departments and institutions) when state-
owned land is available (CGS § 4b-21(b)). If an agency determines it can
use the land for an agency-specific purpose, which the law sets for each
agency, it must notify the secretary in writing within 30 days after
receiving the notification and submit a plan for the land’s use.
If multiple agencies submit plans, under current law, the secretary
must analyze the plans and determine whether the land should be
transferred to one of them. Under the bill, the secretary must prioritize
any Department of Housing (DOH) plan that proposes using it to
construct, rehabilitate, or renovate housing for people with low and
moderate incomes. It requires the secretary to grant the transfer to the
DOH or state in writing any reason why the transfer is not possible.
Unchanged by the bill, DOH may also submit plans to use land for
an emergency shelter or transitional living facility for homeless people,
but the bill does not require the secretary to prioritize these plans.
BACKGROUND
Connecticut Environmental Protection Act
The state's 1971 Environmental Protection Act (otherwise known as
the Connecticut Environmental Protection Act) states that (1) there is a
public trust in the state's air, water, and other natural resources; (2) each
person is entitled to the protection of these resources; and (3) it is in the
public interest to provide everyone with an adequate remedy to protect
these resources from unreasonable pollution, impairment, or
destruction (CGS § 22a-15).
COMMITTEE ACTION
Planning and Development Committee
Joint Favorable Substitute
Yea 12 Nay 8 (03/22/2024)